§ 33-302. Construction sites.

(a)

All persons engaged in construction activities who are required by federal or state law to submit to EPA and/or ADEQ a Notice of Intent to comply with an NPDES or AZPDES storm water permit, shall provide the City with copies of the NOI and the Authorization Document issued by ADEQ prior to issuance of the building or construction permit. Construction activities that will disturb one acre or more of land area or smaller land areas if they are part of a larger common plan of development or sale are required to apply for a storm water permit [40 C.F.R. 122.26(b)(15)].

(b)

Any person performing construction shall not cause or contribute to a violation of the AZPDES storm water permit issued to the City. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge. Any person performing construction shall undertake BMPs to minimize pollutants (including sediments) from leaving the construction site, shall provide protection from accidental discharge of pollutants to the public storm drain system, and comply with the cleanup and notification requirements of this Article. Site operators shall ensure erosion and sediment control, control waste, and properly dispose of wastes, such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. Such measures shall include the requirements imposed by federal, state, county or local authorities. BMPs are site-specific and are described in the document "Storm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management Practices" (EPA 832-R-92-005) or other guidance documents available from EPA, Maricopa County Flood Control District, and/or ADEQ.

(c)

If the City determines that pollutants may enter the public storm drain system from construction activities at a site less than one acre in size, the City may require site-specific BMPs be submitted and approved by the City prior to issuance of a construction permit. Such BMPs shall be implemented during construction activity.

(d)

If a BMP is required to prevent a pollutant from entering the public storm drain system from a construction site, the City may order construction activities to cease until appropriate BMPs are in place. A person may petition the City to reconsider the application of the BMP to the premises or activity by submission of a written petition that sets forth any reasons and proposed alternatives; however, construction activities shall not commence until the City approves the BMPs. The City will act within thirty (30) days of receipt of the petition. If no action is taken by the City, the petition is deemed denied.

(Ord. No. 3003, § 1(Exh. A), 9-27-16)