Section 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 appli- cable 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, cov- erage 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 require- ments, 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 “agricul- tural stormwater discharge” means a precipitation-related dis- charge 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).

Historical Note

New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).