eLaws | eCases | State of Arizona |
 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 18. ENVIRONMENTAL QUALITY
 Chapter 9. DEPARTMENT OF ENVIRONMENTAL QUALITY
 Article 3. AQUIFER PROTECTION PERMITS - GENERAL PERMITS
 Part D. TYPE 3 GENERAL PERMITS

  Section R18-9-D304. 3.04 General Permit: Non-Stormwater Impound- ments at Mining Sites  

Latest version.

All data is extracted from pdf, click here to view the pdf.

  • A.      A 3.04 General Permit allows discharges to lined surface impoundments, lined secondary containment structures, and associated lined conveyance systems at mining sites.

    1.        The following discharges are allowed under the 3.04 General Permit:

    a.         Seepage from tailing impoundments, unleached rock piles, or process areas;

    b.        Process solution temporarily stored for short periods of time due to process upsets or rainfall, provided the solution is promptly removed from the facility as required under subsection (D);

     

    c.      Stormwater runoff not permitted under A.R.S. § 49-

     

    10.  Use  compacted  clay   subgrade  in  areas  with  shallow

    245.01 because the facility does not receive solely

     

    groundwater conditions.

    stormwater or because the runoff is regulated but not

    D.

    Operational requirements. The permittee shall:

    considered stormwater under the Clean Water Act;

     

    1.     Maintain  the  freeboard  required  in  subsection  (C)(1)

    and

     

    through design, pumping, or both;

    d.     Wash water specific to sand and gravel operations

     

    2.     Remove accumulated  residues,  sediments,  debris,  and

    not covered by R18-9-B301(A).

     

    vegetation to maintain the integrity of the liner and the

    2.     Facilities that continually contain process solution as a

     

    design capacity of the impoundment;

    normal function of facility operations are not eligible for

     

    3.     Perform and document a visual inspection for cracks,

    coverage under the 3.04 General Permit. If a normal pro-

     

    tears, perforations and residual build-up at least monthly.

    cess solution contains a pollutant regulated under A.R.S.

     

    The operator shall conduct and document an inspection

    § 49-243(I) the 3.04 General Permit does not apply if the

     

    after the facility receives significant volumes of stormwa-

    pollutant will compromise the integrity of the liner.

     

    ter inflow;

    B.

    Notice of Intent to Discharge. In addition to the Notice of

     

    4.     Report cracks, tears, and perforations in the liner to the

     

    Intent to Discharge requirements specified in R18-9-A301(B),

     

    Department, and repair them as soon as practical, but no

     

    an applicant shall submit:

     

    later than 60 days under normal operating conditions,

     

    1.     A description of the sources of inflow to the facility. An

     

    after discovery of the crack, tear, or perforation;

     

    applicant shall include a representative chemical analysis

     

    5.     For facilities that temporarily contain a process solution

     

    of expected sources of inflow to the facility unless a sam-

     

    due to process upsets, remove the process solution from

     

    ple is not available, before facility construction, in which

     

    the facility as soon as practical, but no later than 60 days

     

    case the applicant shall provide a chemical analysis of

     

    after cessation of the upset; and

     

    solution present in the facility to the Department within

     

    6.     For facilities that temporarily contain a process solution

     

    90 days after the solution first enters the facility;

     

    due to rainfall, remove the process solution from the

     

    2.     Documentation demonstrating that the facility design and

     

    facility as soon as practical.

     

    operation  under  subsections   (C)  and  (D)  have  been

    E.

    Recordkeeping.  A  permittee  shall  maintain   the  following

     

    reviewed by a mining engineer or an Arizona-registered

     

    information for at least 10 years and make it available to the

     

    professional engineer before submission to the Depart-

     

    Department upon request:

     

    ment; and

     

    1.     Construction drawings and as-built plans, if available;

     

    3.     A contingency plan that specifies actions proposed in

     

    2.     A log book or similar documentation to record inspection

     

    case of an accidental release from the facility, overtop-

     

    results,  repair  and  maintenance   activities,  monitoring

     

    ping of the impoundment, breach of the berm, or unau-

     

    results and facility closure;

     

    thorized inflows into the impoundment or containment

     

    3.     Capacity design criteria;

     

    structure.

     

    4.     A list of standard operating procedures;

    C.

    Design, construction, and installation requirements. An appli-

     

    5.     The Quality Assurance/Quality Control program required

     

    cant shall:

     

    under subsection (C)(4); and

     

    1.     Design and construct the impoundment or secondary con-

     

    6.     Records of any unauthorized flows into the impound-

     

    tainment structure as specified under R18-9-D301(C)(1);

     

    ment.

     

    2.     Ensure that conveyance systems are capable of handling

    F.

    Reporting requirements.

     

    the peak flow from the 100-year storm;

     

    1.     If the liner is breached, as evidenced by a drop in water

     

    3.     Construct the liner as specified in R18-9-D301(C)(4)(a);

     

    level not attributable to evaporation, or if the impound-

     

    4.     Develop   and  implement  a   Quality  Assurance/Quality

     

    ment breaches or is overtopped due to a catastrophic or

     

    Control program that meets or exceeds the liner manufac-

     

    other significant event, the permittee shall report the cir-

     

    turer’s guidelines. The program shall address site and

     

    cumstance to the Department within five days of discov-

     

    subgrade preparation, inspection procedures, field test-

     

    ery  and  implement   the  contingency  plan  required   in

     

    ing, laboratory testing, repair of seams during installa-

     

    subsection  (B)(3).   The  permittee   shall  submit  a   final

     

    tion,  and   final  inspection  of  the  completed   liner  for

     

    report to the Department within 60 days of the event sum-

     

    functional integrity;

     

    marizing the circumstances of the problem and corrective

     

    5.     If  the  facility  is   located  in  the   100-year  flood  plain,

     

    actions taken.

     

    design the facility so it is protected from damage or

     

    2.     The permittee shall report unauthorized flows into the

     

    flooding as a result of a 100-year, 24-hour storm event;

     

    impoundment to the Department within five days of dis-

     

    6.     Design and manage the facility so groundwater does not

     

    covery and implement the contingency plan required in

     

    come into contact with the liner;

     

    subsection (B)(3).

     

    7.     Ensure that the facility design addresses any significant

    G.

    Closure requirements.

     

    geologic hazard relating to static and seismic stability.

     

    1.     The permittee shall notify the Department of the intent to

     

    The applicant shall document any design adjustments

     

    close the facility permanently.

     

    made for this reason in the Notice of Intent to Discharge;

     

    2.     Within 90 days following closure notification the permit-

     

    8.     Ensure that the site preparation includes, as appropriate,

     

    tee  shall  comply  with  the  following  requirements,   as

     

    clearing the area of vegetation, grubbing, grading, and

     

    applicable:

     

    embankment  and   subgrade  preparation.  The   applicant

     

    a.      Remove liquids and any solid residue on the liner

     

    shall ensure that supporting surface slopes and foundation

     

    and dispose appropriately;

     

    are stable and structurally sound;

     

    b.     Inspect  the  liner  for  evidence   of  holes,  tears,  or

     

    9.     Ensure that the liner is anchored by being secured in an

     

    defective seams that could have leaked;

     

    engineered anchor trench. If regularly exposed to sun-

     

    c.      If evidence of leakage is discovered, remove the

     

    light, the applicant shall ensure that the liner is ultraviolet

     

    liner in the area of suspected leakage and sample

     

    resistant; and

     

    potentially impacted soil. If soil remediation levels

     

     

     

    are exceeded, the permittee shall, within 60 days

    notify the Department and submit an action plan for the Department’s approval before implementing the plan;

    d.        If there is no evidence of holes, tears, or defective seams that could have leaked:

    i.         Cover the liner in place or remove it for dis- posal or reuse if the impoundment is an exca- vated impoundment,

    ii.        Remove and dispose of the liner elsewhere if the impoundment is bermed, and

    iii.      Grade the facility to prevent the impoundment of water; and

    3. Notify the Department within 60 days following closure that the action plan has been implemented and the closure is complete.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).