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The U. S. Environmental Protection Agency (EPA) continues to be the permitting authority for all regulated stormwater discharges on Indian Lands. For more information on stormwater permitting on Indian Lands within Arizona, please visit: U.S. EPA Region 9 NPDES Stormwater Program  . U.S. EPA also provides an electronic filing system for NOIs for their Construction General Permit. For more information, please see U.S. EPA Electronic Stormwater Notice of Intent (eNOI) .
U.S. EPA has estimated that about 30 percent of known pollution to our nation's waters is attributable to stormwater runoff. In 1987, Congress directed U.S. EPA to develop a regulatory program to address the stormwater problem. U.S. EPA issued regulations in 1990 authorizing the creation of a NPDES permitting system for stormwater discharges from a select group of industrial activities. The National Pollutant Discharge Elimination System (NPDES) is the administrative mechanism chosen for the stormwater permitting program. In Arizona, this program is called Arizona Pollutant Discharge Elimination System (AZPDES). An AZPDES permit is required for any point source discharge of pollutants to a water of the United States. Because stormwater runoff can transport pollutants to either a municipal separate storm sewer system or to a water of the United States, permits are required for those discharges.
Most stormwater discharges are permitted under various general permits. However, an individual permit is required when the general permit requirements do not accurately represent the activity at a facility and a permit is customized to the site.
An individual permit may be necessary if the Limitations of Coverage section of a general permit does not allow the facility's discharge to be covered within the general permit. It is the responsibility of every applicant to determine if any of the Limitations of Coverage apply to the facility seeking a general permit.
Impaired Waters
The following waterbodies (commonly referred to as the 303(d) list) were assessed by ADEQ as having impaired uses that require more than existing technology and permit controls to achieve or maintain water quality standards. The links below provide a list and map of these impaired waters.
Outstanding Arizona Waters (OAW)
ADEQ established, under A.A.C. R18-11-112, the following surface waters have been classified as outstanding Arizona waters.
Multi-Sector
The Multi-Sector General Permit (MSGP) is designed for discharges of stormwater from certain industrial sites that are of a non-construction nature. The MSGP is one large permit divided into numerous separate sectors. Each sector represents a different type of activity and is dependent upon its standard industrial classification (SIC) code or narrative description.
Facility operators can determine for themselves whether or not they are eligible for coverage under the MSGP. In most cases, the key is knowing your SIC code (see also 40 CFR 122.26(b)(14)). Be advised that the facility may be subject to the requirements of more than one sector if it has operations that can be described by other sectors.
U.S. EPA's MSGP 2000 expired Oct. 30, 2005. Therefore, ADEQ no longer accepts Notices of Intent for the MSGP 2000. The AZPDES MSGP 2010 permits (Mining and Non-mining) were signed December 20, 2010 and became effective February 01, 2011. Links to the final, signed versions and supporting documents appear below. See AZPDES MSGP 2010 for more information about these permits.
The following information is provided for informational purposes only, as a guide to facility operators applying for coverage under the MSGP 2010.
- Discharges authorized by this permit must not cause or contribute to a violation of any applicable state water quality standard (18 A.A.C. 11).
- The NOI must include the well registration number if stormwater associated with industrial activity is discharged to a dry well or an injection well.
- SARA section 313 (Community Right to Know): Facilities with liquid storage areas for section 313 water priority chemicals must be operated to minimize discharges of such chemicals. Appropriate measures to minimize discharges of section 313 chemicals include provision of secondary containment for at least the entire contents of the largest tank plus sufficient freeboard to allow for the 25-year, 24-hour precipitation event; a strong spill contingency and integrity testing plan; and/or other equivalent measures.
- Facilities subject to monitoring and reporting requirements must submit a discharge monitoring report form(s) and other required monitoring information.
- Significant sources of non-stormwater include, but are not limited to, discharges that could cause or contribute to violations of Arizona water quality standards, and discharges that could include releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (CWA) (See 40 CFR 110.10 and 40 CFR 117.21) or section 102 of CERCLA (See 40 CFR 302.4).
- The term "base flood elevation" is defined by Federal Emergency Management Agency (FEMA) as the height of the base (100-year) flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 of North American Vertical Datum of 1988. This is the elevation of the 100-year flood waters relative to "mean sea level."
- The term "100-year flood" means the flood having a one percent chance of being equaled or exceeded in magnitude in any given year.
- The term "100-year floodplain" means that area adjoining a river, stream or watercourse covered by water in the event of a 100-year flood.
Facilities Required to Apply for a Stormwater Permit
Locate your facility's primary SIC code on the table. If your SIC code can not be found on the table, search the table to determine if your facility's operation can be defined by a narrative description. If either a matching SIC code or narrative description can be found on the table, the facility is subject to the requirements of the MSGP.
Example: Your SIC code is 4213 (non-local trucking). Searching category viii you find a SIC code match with number 42. Reading the narrative, you see that a permit is required only for the part of the facility that is involved in vehicle maintenance and equipment cleaning. However, you contract out for those services at another facility. Therefore, you can conclude that you do not need to apply for a stormwater permit at this time.
The No Exposure Exclusion
As an alternative to operating under the MSGP, upon filing the No Exposure Certification form, a facility operator certifies that the facility is not exposed to stormwater. The result of this certification is that the facility is excluded from the requirement to obtain a stormwater permit. This exclusion is not available to construction facilities. To obtain the exclusion, the no exposure certification form must be completed and an answer of "no" must be given to all questions in the form's exposure checklist. To maintain the exclusion, the form is required to be submitted every five years.
A few terms are necessary to fully understand the purpose of the No Exposure Exclusion.
- "No exposure" means that all industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt and/or runoff.
- Industrial materials or activities include, but are not limited to material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
- "Material handling activities" include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product.
- "Storm resistant shelter" means: completely roofed and walled buildings or structures; structures with top covering but no side covering and temporary covers. The material under these shelters must not be subject to any stormwater run-on and not have any stormwater run-off.
Certain items may be stored outside without the benefit of shelters and still meet the definition of no exposure. Tightly sealed drums, barrels, tanks and similar containers are not exposed if they do not have operational taps or valves. In this context, sealed means banded or otherwise secured. Any material added or removed from these containers constitutes exposure.
Adequately maintained vehicles used in material handling are considered to be non-exposed. Examples would include trucks, automobiles, forklifts or other general purpose vehicles that are not industrial machinery and are not a source of pollutants. These vehicles, when awaiting maintenance, would also not be considered exposed as long as they are not leaking contaminants and are otherwise not a source of pollutants.
Final products are eligible for the exclusion when they are stored outside as long as the product cannot be mobilized in stormwater. The principle to remember is that the final product must not be used to produce another product. If it can be used to produce another product, then the material is an intermediate product and is not eligible for the exclusion. For example, an aluminum tube manufacturer sells tubing to a lawn furniture manufacturer. The tube facility may not store the tubes outside and avail themselves of the exclusion because the tubes are used to make another product - the lawn furniture. However, the manufacturer of lawn furniture could store that product outside and benefit from the exclusion because the lawn furniture is a final product.
Several points should be kept in mind when considering the no exposure option. The exclusion is intended to encompass the whole facility. Where exposure to industrial materials or activities exist at some but not all areas of the facility, the non-exposure exclusion is not allowed. If part, or all, of the facility becomes exposed, then permit coverage is required. Failure to maintain non-exposure status could result in an unauthorized discharge of stormwater and result in an enforcement action. The certification form is non-transferable. A new facility operator must complete, sign and submit a new form to claim the non-exposure exclusion. Upon submittal of the no exposure certification form, ADEQ may inspect the facility to determine compliance with the no exposure conditions. If the facility discharges to a MS4, the municipality may request a copy of the certification as well as conduct inspections. Finally, those facilities that were previously exempted as a result of non-exposure from the permitting requirements under Phase I of the stormwater program (those facilities meeting the description at 40 CFR 122.26(b)(14)(xi) (also called light industries)) are now required to submit the no exposure certification form to maintain their non-exposed status.
Medium and Large Municipal Separate Storm Sewer Systems (Large MS4s)
There are 8 municipalities in Arizona that operate under individual stormwater permits. Four of these municipalities are operating under permits written by U.S. EPA between 1997 and 1999. ADEQ is reviewing the management programs and permit reapplications of these four municipalities and, although the expiration date for these permits has passed, the permits are administratively continued and remain effective until the renewal permits are issued.
Small Municipal Separate Storm Sewer Systems (Small MS4s)
The Phase II Regulations established by the U.S. EPA in 1999 required some municipalities to obtain a permit for their municipal stormwater discharges. These new regulations stemmed from national studies and local findings within Arizona that showed runoff from urban areas greatly impairs stream ecology and the health of aquatic life (Federal Register/Vol.64, No.235). While many of the water courses in Arizona are ephemeral or intermittent, these national regulations still apply to Arizona.
Regulated municipalities include:
- Municipalities that are located wholly or partially in an urbanized area as defined by the 2000 US Census* (see 40 CFR 122.32(a)(1)). Regulated municipalities include five counties, 20 cities and 7 non-traditional municipalities. These municipalities were required to submit a Notice of Intent and Stormwater Management Program to ADEQ by March 10, 2003.
- Municipalities designated by ADEQ (see 40 CFR 122.32(a)(2)). These municipalities were required to submit their Notice of Intent and Stormwater Management Program to ADEQ by December 2003. Designated Municipalities include Camp Verde, Cottonwood, Douglas, Fountain Hills, Lake Havasu, Nogales, Sedona and Sierra Vista.
*The 2000 Census defined six urbanized areas within the state of Arizona. The urbanized areas were named for the central place in that region. Urbanized areas are geographic areas that have a population of 50,000 people and a density of 1000 people per square mile in the central place and adjacent densely populated area. Urbanized areas in Arizona, as determined by the US Census Bureau include:
Small MS4 General Permit (AZG2002-002)
There are 41 regulated small MS4s in Arizona that operate under Arizona's Small MS4 General Permit. In accordance with the Smart MS4 General Permit, each MS4 is required to prepare and implement a Stormwater Management Program Plan (SWMP). The SWMP documents the control measures and Best Management Practices the MS4 must establish to meet the terms and conditions of the Smart MS4 General permit. All SWMPs are available for review at ADEQ's Phoenix office by contacting the Records Center at (602) 771-4380.
Small MS4 General Permit Forms
ADEQ is in the process of reviewing Small MS4 SWMPs. Some communities have posted SWMPs and other stormwater information on their Web sites. Below is a list of regulated Small MS4s in Arizona with links (if available).
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