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 PERMITS: AZPDES: PERMITS

Individual Permits

The primary focus of the AZPDES individual permitting program is municipal/domestic and non-domestic (industrial) direct dischargers. The sources of pollutants and the type of discharger determines the type of application forms and information needed. (Note: most facilities must include antidegradation information with submittal.)

For regulatory purposes, these sources are generally categorized as either "point" or "nonpoint" sources. Typical point sources include process discharges from publicly owned treatment works, discharges from industrial facilities, and discharges associated with urban runoff. While provisions of the AZPDES program do address certain specific types of agricultural activities (e.g., feedlots, CAFOs), the majority of agricultural facilities are defined as nonpoint sources and are exempt from AZPDES regulations. As a general matter, groundwater is not considered waters of the United States and discharges to groundwater do not require AZPDES permits (See Aquifer Protection Permit Program). The exception to this rule is where a "hydrological connection" exists with a nearby surface water; in these cases, a discharger may be required to apply for an AZPDES permit.

Municipalities receive domestic sewage from residential and commercial customers. Larger publicly-owned treatment works will also receive and treat wastewater from industrial facilities (indirect dischargers) connected to the system. Typical pollutants include conventional pollutants (five-day biochemical oxygen demand (BOD5), TSS, pH, fecal coliform) and may include nonconventional and toxic pollutants depending on the customers on the system.

Nonmunicipal sources, including industrial and commercial facilities, are unique with respect to the types of pollutants generated by the facility. Unlike domestic wastewater, the types of raw materials, production processes, treatment technologies and pollutants discharged vary widely and are facility specific. Once a facility submits the appropriate application, ADEQ develops a permit for that particular facility based on the information contained in the permit application such as type of activity, nature of discharge, and receiving water quality. ADEQ issues the permit to the facility for a specific time period (not to exceed five years) with a requirement that the facility reapply before the expiration date.

A.A.C. R18-9-B901 requires that applications for new discharges be made no later than 180 days before the actual discharge begins. Similarly, applications for permit renewals (for existing dischargers) must be made at least 180 days prior to the expiration of the existing permit. Before an application can be considered administratively complete, ADEQ must know whether the facility has been found consistent with (or not consistent with) the Regional 208 Water Quality Management Plan (WQM). Applicants should consult with their planning agencies to obtain a consistency statement.

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General Permits

A general permit covers multiple facilities within a specific category and offers a permitting option for point source discharges having common elements such as:

  • Stormwater point sources
  • Facilities that involve the same or substantially similar types of operations
  • Facilities that discharge the same type of waste or engage in the same types of sludge use or disposal practices
  • Facilities that require the same effluent limits, operating conditions, or standards for sewage sludge use or disposal
  • Facilities that require the same or similar monitoring

De Minimus

ADEQ issued the AZPDES De Minimus General Permit (DGP) No. AZG2004-001 on March 17, 2004. The permit allows for the discharge of pollutants associated with potable and reclaimed water systems, subterranean dewatering, well development, aquifer testing, hydrostatic testing of specific pipelines, residential cooling water, charitable car washes, building and street washing, and dechlorinated swimming pool water. The permit also allows ADEQ to review and approve other case-by-case short-term and/or low volume discharges that are considered De Minimus. By definition (DGP, Part VII), De Minimus discharges contain relatively low levels of pollutants, are of limited flow and/or frequency, and shall not last for more than 30 days unless approved in advance by ADEQ.

The DGP authorizes discharges where they have potential to enter a water of the U.S. Note: the AZPDES authorizing statute uses the term "navigable waters," which is defined as equivalent to the waters of the U.S. However, because the term 'navigable waters' can be confusing to the general public (i.e., the definition of 'navigable waters' also includes ephemeral washes, intermittent streams, playas, and wetlands, that may not be able to be traveled by conventional vessels), this permit references discharges to waters of the U.S.

Authorization under this permit will require the owner or operator of the discharge facility to implement various best management practices (BMPs) and except as specified in the DGP Part II.A.1.a., to conduct discharge monitoring based on the type of discharge activity and the type of receiving water.

* NOTE: For current submittals, please do not use the example forms attached to the Permit (Appendices B - E). Instead, follow the links to updated forms under "De Minimus Forms", below.

Obtaining Authorization
With a few exceptions (DGP, Part II.A.1.a.), to obtain authorization under the DGP, the owner or operator must submit a complete Notice of Intent (NOI) to the Surface Water Section - De Minimus NOI, Arizona Department of Environmental Quality, 1110 W. Washington Street, 5415A-1, Phoenix, Arizona 85007 or fax the form to (602) 771-4674. The NOI must be complete and accurate and signed by the appropriate signatory (DGP part V. K.), and must be submitted far enough in advance to allow for the timeframes given below. The NOI also serves as a promise by the signatory that there will be compliance with the permit conditions. The BMP plan must also be submitted along with the NOI for a number of discharges. A Notice of Termination (NOT) must be submitted within 30 days after the discharge ceases permanently or responsibility for the discharging facility is transferred.

Areawide coverage
As an alternative to individual NOIs for specific discharges, the DGP allows municipalities and utilities supplying water, reclaimed water, oil*, or gas* to apply for areawide coverage of discharges from multiple locations within their service areas or municipal boundaries. An Areawide NOI form is available for this purpose. For areawide authorizations, a Notice of Termination should not be submitted after each discharge, but only if the permittee wishes to terminate the areawide coverage.

* (NOTE: discharges from hydrostatic tests of pipelines previously used to transport oil or gas are not eligible for areawide coverage. An individual NOI and ADEQ approval under A.A.C. R18-9-B301(C)(3) must be submitted.)

De Minimus Forms
Adobe Acrobat Reader 6.0 is required to print the following forms correctly. You may also enter data by typing directly onto the form.

Timeframes
Discharges that do not require NOI submittals (listed in DGP Part II.A.1.a.) are authorized without a waiting period. For discharges requiring NOIs, the timeframe for authorization depends on the receiving water(s) and the type of discharge.

Unless notified otherwise:

  1. Single-source discharges to ephemeral waters, to canals without drinking water source uses, and to effluent-dependent waters, are authorized five business days after the Department receives a complete and accurate NOI*. NOTE: See exceptions in #5 below. For Areawide coverage, see #3 below.
  2. Discharges to perennial waters, canals with drinking water source uses, or intermittent waters, are authorized 30 business days after receipt of a complete NOI*. Exception: item 5, below.
  3. Areawide coverage for discharges that are not within 1/4 mile of a unique or impaired water is authorized 30 business days after receipt of a complete Areawide NOI.
  4. Discharges to unique or impaired waters are not authorized until written approval is received from the Department. This may take 30 business days or more.
  5. Specific approvals (DGP Part I. B. 7.) and discharges lasting more than 30 days continuously are not authorized until written approval is received from ADEQ. This may take 30 business days or more.

* ADEQ will send each permittee written notice of their De Minimus authorization number.

Monitoring
With certain exceptions (DGP Part II.A.1.a.), monitoring must be conducted and recorded for all discharges according to the provisions of the DGP and any specific requirements of the authorization issued by ADEQ. Monitoring results, including pre- and post-discharge photographic documentation, are required to be submitted to ADEQ for any discharge lasting more than four consecutive days and/or exceeding 0.25 million gallons in any one day. Monitoring from individual discharges of this duration/size must be submitted with the NOT. Operators with Areawide Discharge Authorizations must compile monitoring results (including photo documentation) for any discharges of this duration/size conducted prior to Jan. 1, 2008, and must submit the compiled results to ADEQ by Feb. 28, 2008. Numerical data is to be submitted on the DGP Discharge Monitoring Report Form.

For Further Information

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AZPDES Index · Overview of the AZPDES Process · Individual Permits · General Permits · Stormwater · Pretreatment Program · Biosolids Sewage/Sludge · Forms & Guidance · FAQs · Other Programs

Disclaimer/Privacy Statement | Feedback Leaving ADEQ Web site | Web Site Services | Last Revision Jan. 29, 2008
Any ADEQ translation or communication is unofficial and not binding on the State of Arizona.
Cualquier traducción o comunicación de ADEQ no es oficial y no sujetará a ninguna responsabilidad legal al estado de Arizona.