Section R18-9-A903. Prohibitions

The Director shall not issue a permit:

1.        If the conditions of the permit do not provide for compli- ance with the applicable requirements of A.R.S. Title 49, Chapter 2, Article 3.1; 18 A.A.C. 9, Articles 9 and 10; and the Clean Water Act;

2.        Before resolution of an EPA objection to a draft or pro- posed permit under R18-9-A908(C);

3.        If the imposition of conditions cannot ensure compliance with the applicable water quality requirements from Ari- zona or an affected state or tribe, or a federally promul- gated water quality standard under 40 CFR 131.31;

4.        If in the judgment of the Secretary of the U.S. Army, act- ing through the Chief of Engineers, the discharge will substantially impair anchorage and navigation in or on any navigable water;

5.        For the discharge of any radiological, chemical, or bio- logical warfare agent, or high-level radioactive waste;

6.        For any discharge inconsistent with a plan or plan amend- ment approved under section 208(b) of the Clean Water Act (33 U.S.C. 1288); and

7.        To a new source or a new discharger if the discharge from its construction or operation will cause or contribute to the violation of a water quality standard. The owner or operator of a new source or new discharger proposing to discharge into a water segment that does not meet water quality standards or is not expected to meet those stan- dards even after the application of the effluent limitations required under R18-9-A905(A)(8), and for which the Department has performed a wasteload allocation for the proposed discharge, shall demonstrate before the close of the public comment period that:

a.         There are sufficient remaining wasteload allocations to allow for the discharge, and

b.        The existing dischargers into the segment are subject to schedules of compliance designed to bring the segment into compliance with water quality stan- dards.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by

final rulemaking at 8 A.A.R. 2704, effective June 5, 2002

(Supp. 02-2).