Ariz. Admin. Code § R18-9-D903 - No Potential to Discharge Determinations for Large CAFOs
A. For purposes of
this Section, "no potential to discharge" means that there is no potential for
any CAFO manure, litter, or process wastewater to enter into a navigable water
under any circumstance or climatic condition.
B. Any person who owns or operates a large
CAFO and has not had a discharge within the previous five years may request a
no potential to discharge determination by submitting to the Department:
1. The information specified in
40
CFR 122.21(f) and
40
CFR 122.21(i)(1)(i) through
(ix) on a form obtained from the Department,
by the applicable date specified in
R18-9-D904(A);
and
2. Any additional information
requested by the Director to supplement the request or requested through an
onsite inspection of the CAFO.
C. Process for making a no potential to
discharge determination.
1. Upon receiving a
request under subsection (B), the Director shall consider:
a. The potential for discharges from both the
production area and any land application area, and
b. Any record of prior discharges by the
CAFO.
2. The Director
shall issue a public notice that includes:
a.
A statement that a no potential to discharge request has been
received;
b. A fact sheet, when
applicable;
c. A brief description
of the type of facility or activity that is the subject of the no potential to
discharge determination;
d. A brief
summary of the factual basis, upon which the request is based, for granting the
no potential to discharge determination; and
e. A description of the procedures for
reaching a final decision on the no potential to discharge
determination.
3. The
Director shall base the decision to grant a no potential to discharge
determination on the administrative record, which includes all information
submitted in support of a no potential to discharge determination and any other
supporting data gathered by the Director.
4. The Director shall notify the owner or
operator of the large CAFO of the final determination within 90 days of
receiving the request.
D. If the Director determines that the
operation has the potential to discharge, the person who owns or operates the
CAFO shall seek coverage under an AZPDES permit within 30 days after the
determination of potential to discharge.
E. A no potential to discharge determination
does not relieve the CAFO from the consequences of a discharge. An unpermitted
CAFO discharging a pollutant into a navigable water is in violation of the
Clean Water Act even if the Director issues a no potential to discharge
determination for the facility. If the Director issues a determination of no
potential to discharge to a CAFO facility but the owner or operator anticipates
a change in circumstances that could create the potential for a discharge, the
owner or operator shall contact the Director and apply for and obtain permit
authorization before the change of circumstances.
F. When the Director issues a determination
of no potential to discharge, the Director retains the authority to
subsequently require AZPDES permit coverage if:
1. Circumstances at the facility
change;
2. New information becomes
available; or
3. The Director
determines, through other means, that the CAFO has a potential to
discharge.
Notes
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