Ariz. Admin. Code § R18-9-D902 - AZPDES Permit Coverage Requirements
A. Any person who owns or operates a CAFO,
except as provided in subsections (B) and (C), shall submit an application for
an individual permit under
R18-9-B901(B) or
seek coverage under a general permit under
R18-9-C901(B)
within the applicable deadline specified in
R18-9-D904(A).
B. If a person who owns or operates a large
CAFO receives a no potential to discharge determination under
R18-9-D903, coverage under an
AZPDES permit described in this Part is not required.
C. The discharge of manure, litter, or
process wastewater to a navigable water from a CAFO as a result of the
application of manure, litter, or process wastewater by the CAFO to land areas
under its control is subject to AZPDES permit requirements, except where it is
an agricultural stormwater discharge as provided in section 502(14) of the
Clean Water Act (33 U.S.C.
1362(14)). For purposes of
this Section, an "agricultural stormwater discharge" means a
precipitation-related discharge of manure, litter, or process wastewater from
land areas under the control of a CAFO when the person who owns or operates the
CAFO has applied the manure, litter, or process wastewater according to
site-specific nutrient management practices to ensure appropriate agricultural
use of the nutrients in the manure, litter, or process wastewater, as specified
under
40
CFR 122.42(e)(1)(vi) through
(ix).
Notes
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