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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 refer to the Region 9 NPDES Stormwater Program  Web site. EPA also provides an electronic filing system for NOIs for their Construction General Permit. For more information, please see EPA's e-NOI Web site.
The Environmental Protection Agency (EPA) has estimated that about 30 percent of known pollution to our nation's waters is attributable to stormwater runoff. In 1987, Congress directed EPA to develop a regulatory program to address the stormwater problem. EPA issued regulations in 1990 authorizing the creation of a NPDES permitting system for stormwater discharges from a select group of industrial activities. NPDES stands for National Pollutant Discharge Elimination System and is the administrative mechanism chosen for the stormwater permitting program. In Arizona, this program is called AZPDES, which stands for Arizona Pollutant Discharge Elimination System. 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.
Phase II Overview
On Dec. 8, 1999, EPA published rules that began Phase II
of the stormwater program. This evolution of the stormwater program brings in two major new permittees, certain small municipalities and those construction sites that disturb one acre but less than five acres. Additionally, there is a non-exposure exemption for those facilities authorized under the multi-sector general permit. Operators of facilities brought into the stormwater program by the Phase II expansion are required to apply for permit coverage by March 10, 2003.
A "small" municipal storm sewer system (MS4) is any MS4 not already covered by Phase I of the AZPDES stormwater program. Those small municipalities (termed a "regulated" small MS4) that meet the description as operators of small MS4s located in "urbanized areas," as defined by the Bureau of the Census, are required to obtain stormwater discharge authorization. Additional small MS4s (outside of urbanized areas) and construction sites (disturbing less than one acre of land), along with other sources which are a significant contributor of pollutants to waters of the United States, may be brought into the AZPDES stormwater program by ADEQ. Also, the industrial activities of small MS4s who did not need stormwater permits as a result of the 1991 Intermodal Surface Transportation Efficiency Act will be required to obtain permit authorization.
Construction Activities
Stormwater discharges generated during construction activities can cause an array of physical, chemical and biological water quality impacts. Specifically, the biological, chemical and physical integrity of the waters may become severely compromised. Water quality impairment results, in part, because a number of pollutants are preferentially absorbed onto mineral or organic particles found in fine sediment. The interconnected process of erosion (detachment of the soil particles), sediment transport and delivery is the primary pathway for introducing key pollutants such as nutrients (particularly phosphorus), metals, and organic compounds into aquatic systems.
Stormwater runoff from construction sites can include pollutants other than sediment such as phosphorous and nitrogen, pesticides, petroleum derivatives, construction chemicals and solid wastes that may become mobilized when land surfaces are disturbed. Generally, properly implemented and enforced construction site ordinances effectively reduce these pollutants. In many areas, however, the effectiveness of ordinances in reducing pollutants is limited due to inadequate enforcement or incomplete compliance with local ordinances by construction site operators.
Permit Area
This general permit covers stormwater discharges from construction activities in Arizona, except for those construction discharges in Indian Country.
Permit Waivers
There are two waivers for small construction activities addressed in the general permit. The first permit waiver is where the construction site operator has determined that the rainfall erosivity factor (R) in the revised universal soil loss equation (RUSLE) is less than 5. Arizona's 2008 Construction General Permit requires that the rainfall erosivity waiver be determined using ADEQ's Stormwater SMART NOI . See also EPA's Low Rainfall Erosivity Wavier Fact Sheet 3.1 and the isoerodent map for Arizona.
The second waiver is where the operator certifies that stormwater controls are not needed based upon a total maximum daily load (TMDL). Currently Arizona TMDLs do not address this issue, however the permit includes the TMDL waiver as a future option.
Construction General Permit (AZG2008-001)
A draft of the 2008 Construction General Permit was published in the Arizona Administrative Register on Dec. 7, 2007. ADEQ accepted comments on the draft general permit until Jan. 25, 2008. Comments were received by construction industry representatives and municipalities.
This permit replaces the previous construction general permit that was issued for a five-year term by ADEQ in February 2003.
The CGP authorizes stormwater discharges from construction-related activities where those discharges have a potential to enter surface waters of the United States or a storm drain system. Note the AZPDES authorizing statute uses the term navigable waters, which is defined as equivalent to the waters of the United States. 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 generally references discharges to waters of the United States.
To obtain authorization for discharges of stormwater associated with construction activity, the operator must comply with all the requirements of the general permit and submit a Notice of Intent (NOI) in accordance with Part II of the general permit.
How to Obtain Coverage
The operator of a construction site is responsible for obtaining coverage under an AZPDES permit. The operator could be the owner, the developer, the general contractor or individual contractor. When responsibility for operational control is shared, all operators must apply. Thus, a single construction site may have a number of operators who may operate under a common or separate SWPPP.
Submit a Notice of Intent (NOI) to the Arizona Department of Environmental Quality, Surface Water Section - Stormwater and General Petmits Unit, 1110 W. Washington St., Phoenix, Arizona 85007 or fax the form to (602) 771-4528. This form must be complete and accurate and signed by the appropriate signatory in order for you to obtain coverage. The form also serves as a commitment by the operator that there will be compliance with the permit conditions. The department now offers the Stormwater SMART NOI system , which is a Web-based service to assist individuals in applying for construction stormwater discharge permits.
The operator must develop and implement a SWPPP that satisfies the conditions of the permit. If your site is located within 1/4 mile of a unique or impaired water, the SWPPP must be submitted with your NOI. ADEQ will notify you, within 32 business days after receiving the SWPPP, if the SWPPP needs revisions, or if permit coverage is granted or denied. In all other cases, you are not required to submit your SWPPP to the department for review, unless specifically required by ADEQ. However, the SWPPP must be on-site whenever construction activities are actively underway and you must continue to fully implement and maintain the SWPPP as construction activities progress. If the department does not issue the authorization certificate within seven days of receiving the NOI or otherwise notify the operator that the submitted NOI is deficient, the operator may commence construction activities without an authorization certificate; however, it is the operator's responsibility to verify the date the NOI was received by ADEQ prior to initiating construction activities. Whether or not ADEQ notifies the operator of a deficiency in the NOI, discharges are not authorized under this permit if the operator submits an incomplete or incorrect NOI.
Notice of Termination
After the construction project is complete and the project's disturbed area is stabilized to at least 70 percent of natural background density or responsibility for the project has been assumed by another operator, the permittee must submit a Notice of Termination (NOT) to end participation in the AZPDES stormwater program.
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.
Unique Waters
ADEQ established, under A.A.C. R18-11-112, that the following surface waters are outstanding state resource waters and are considered unique 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.
EPA's MSGP 2000 expired Oct. 30, 2005. EPA has proposed a replacement for this general permit, which was announced in the Federal Register on Dec. 1, 2005. The comment period for "MSGP 2006" closed Feb. 16, 2006. For more information, see the link in the second bullet, below. ADEQ no longer accepts Notices of Intent for the MSGP 2000, because the permit has expired. Until a new permit is issued, however, operators are expected to develop and implement stormwater pollution prevention plans, best management practices and implement the appropriate sector-specific requirements as described in the MSGP 2000.
The following information is subject to change (pending the issuance of a new MSGP), and is provided for informational purposes only, as a guide to facility operators that can not obtain coverage under the MSGP 2000.
Some of the Arizona-specific requirements for the MSGP are covered below and were developed and included as part of the 401 certification process:
- 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.
- Delineation of facility areas within the 100-year floodplain. All facilities or any portion of a facility that is located at or within the 100-year floodplain must be delineated on the site map. The base flood elevation, if known, shall also be reported.
- Facilities subject to monitoring and reporting requirements must submit a discharge monitoring report form(s) and other required monitoring information.
- The term "significant sources of non-stormwater" includes, but is 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.
View the EPA, Region 6, No Exposure Guidance Manual .
Under Phase I of the stormwater program, small municipalities were granted a moratorium from the necessity of permit authorization for their industrial activities under the Intermodal Surface Transportation Efficiency Act (ISTEA). The exceptions to this moratorium were airports, power plants and uncontrolled sanitary landfills. The ISTEA moratorium has expired. The Phase II rules established March 10, 2003 as the deadline to obtain permit coverage for those municipalities participating in the ISTEA moratorium. This affects all small municipalities including those that do not need stormwater permits as a result of their lack of association with an urbanized area. A small municipality may now be required to obtain the following stormwater permits. Each of the three components of the stormwater program has its own separate requirements and permits.
- Multi-sector general or individual permit as an operator of a regulated industrial activity
- Construction general or individual permit as the operator of a regulated construction facility
- A municipal separate storm sewer system (MS4) permit as the operator of a regulated or designated MS4
Small Municipal Separate Storm Sewer Systems (Small MS4s)
The Phase II Regulations established by 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 in Arizona, as determined by the US Census Bureau include Avondale, Flagstaff, Phoenix, Prescott, Tucson and Yuma. 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.
Small MS4 General Permit (AZG2002-002)
All regulated small MS4s (with the exception of Maricopa County) have opted to obtain permit coverage for their discharges through the Small MS4 General Permit.
A draft of the Small MS4 General Permit was published in the Arizona Administrative Register on Sept. 27, 2002. A public meeting to discuss the draft general permit was held on Oct. 16, 2002. ADEQ accepted comments until Oct. 30, 2002. Comments were received by regulated municipalities as well as county associations of government. The AZPDES Small General Permit was issued on Dec. 19, 2002 and expires on Dec. 19, 2007.
Small MS4 General Permit Forms
ADEQ is in the process of reviewing Small MS4 Stormwater Management Programs (SWMPs). All SWMPs are available for review at ADEQ's main office in Phoenix by contacting the records review staff at (602) 771-4380. Some communities have posted SWMPs and other stormwater information on their websites. Below is a list of regulated Small MS4s in Arizona with links to their websites (if available).
Phase II Small MS4 Financial Assistance Program
In 2003, Congress approved the use of CWA 319 monies for municipalities regulated by the Phase II Stormwater Rules. These funds are normally distributed by EPA and constitute funding for the Water Quality Improvement Grants program at ADEQ. However, for the fiscal year 2004, ADEQ has been able to use a portion of these monies to assist communities in the implementation of their Stormwater Management Programs.
ADEQ has worked with many communities on reimbursement contracts to provide up to $25000 toward new stormwater management practices. ADEQ has written contracts with the communities of Youngtown, Chandler, Oro Valley, Gilbert, Flagstaff, Yuma County, City of Yuma, Camp Verde, Marana, Pinal County, Cottonwood, Avondale and Maricopa County. We also have contracts pending with Prescott, Goodyear, Sedona, Peoria, Douglas, Lake Havasu City, Guadalupe, Nogales and Yavapai County.
ADEQ's ability to provide funding beyond fiscal year 2004 will be contingent upon Congressional authorization of the use of CWA 319 monies for Small MS4s.
Large Municipal Separate Storm Sewer Systems (Large MS4s)
There are 8 municipalities in Arizona that were required to obtain a stormwater permit as part of the Phase I Stormwater Rules (1990). These municipalities are currently operating under individual municipal stormwater permits written by EPA between 1997 and 1999. ADEQ is in the process of reviewing the management programs and permit reapplications. Although the expiration date for these permits has passed, the permits are administratively continued and remain effective until the renewal permits are issued. Below is a list of regulated Large and Medium MS4s in Arizona with links to their stormwater websites (if available).
AZPDES Index ·
Overview of the AZPDES Process ·
Individual Permits ·
General Permits ·
Stormwater ·
Pretreatment Program ·
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