Vote: failed

Item Text

A-6. SCHEDULE PUBLIC HEARING - PROPOSED MARICOPA COUNTY STORM WATER REGULATION Pursuant to A.R.S. §49-112, set a public hearing for May 6, 2009 to solicit comments and consider the adoption of a proposed Maricopa County Stormwater Quality Management and Discharge Control Regulation. Upon Board approval, this item will become effective from and after June 8, 2009. The adoption of this regulation also includes the adoption of approval and permit fees as outlined in Chapter 12 of the regulation. Maricopa County meets the minimum federal requirements for designation by the United States Environmental Protection Agency (EPA) as a small Municipal Separate Storm Sewer operator or MS4. As a small MS4, the County is required by the Federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act (as amended), to implement and enforce a program to improve to the maximum extent practicable the quality of Stormwater discharges from the County’s Stormwater conveyance system within the unincorporated urbanized areas of the County. Maricopa County may enact a Stormwater regulation pursuant to A.R.S. §11-251(66) and 49-371. Maricopa County, as a Municipal Separate Storm Sewer System under Phase II of the National Pollutant Discharge Elimination System (NPDES) Stormwater program of the Environmental Protection Agency (EPA) is empowered to regulate Stormwater by the authority of the Clean Water Act, 33 U.S.C. 1251 et seq. This Regulation shall be known as the Maricopa County Stormwater Quality Management and Discharge Control Regulation. There are six minimum Stormwater control criteria required in the Phase II program by the federal regulations found at 40 CFR 122.34 and in the Arizona Phase II permit. They are: 1. Public education and outreach on stormwater impacts; 2. Public involvement and participation; 3. Illicit discharge detection and elimination; 4. Construction site Stormwater runoff control; 5. Post-construction Stormwater management in new development and redevelopment; 6. Pollution prevention/good housekeeping for municipal operations. This Regulation meets Phase II permit requirements three, four and five. Requirements one, two and six are applicable to Maricopa County and do not require the adoption of language to regulate activities by others within the County areas covered by the Phase II permit. The purpose of this Regulation is to provide for the health, safety, and general welfare of the citizens of Maricopa County through the prohibition of non-Stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Regulation will also protect Waters of the U.S. within Maricopa County by improving the quality of the Stormwater runoff from urbanized areas to the County-owned system by means of the use of best management practices (BMPs) by the County and its citizens. This Regulation ensures that the County is compliant with its Arizona Pollutant Discharge and Elimination System (AZPDES) permit requirements by establishing methods for controlling the introduction of pollutants into the County’s municipal separate storm sewer system (MS4). The objectives of this Regulation are: 1. To regulate the contribution of pollutants to the MS4 by Stormwater discharges in unincorporated urbanized areas by any user. 2. To prohibit illicit connections and discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this Regulation. Stormwater Pre-Construction Phase: Fee Pre-Construction Plan Review $1,050.00 Pre-Construction Site Inspection $325.00 One Additional Review of Pre-Construction plans with minor revisions and One Inspection of the Site Revisions $670.00 Re-Inspection of site when corrections to the site have been made following a failed initial site inspection $325.00 Expedited plan reviews and inspections are available at twice the standard fee Double fee Note: Applicant will have to re-apply for the pre-construction permit if the revised plan or site inspection resulting from a revision or re-inspection of the site fails to get approval by the Department. Stormwater Post-Construction Phase: Fee Post-Construction Plan Review $1,050.00 Post-Construction Site Inspection $325.00 One Additional Review of Post-Construction Plans with Minor Revisions and One Inspection of the Site Revisions $670.00 Re-Inspection of Site when Corrections to the Site have been made following a failed Initial Site Inspection $325.00 Expedited Plan Reviews and Inspections are available at twice the standard fee Double fee Note: Applicant will have to re-apply for the Post-Construction Permit if the Revised Plan or Site Inspection resulting from a Revision or Re-Inspection of the Site fails to get Approval by the Department. Miscellaneous: Fee Inspections by Request $325.00 Waivers: Fee Fee Includes Document Reviews and Site Inspection $2,425.00 Permit Transfers: Fee The fees presented are for permits and permit related activity approvals issued to a newly listed owner-operator of the site. $200.00 Refunds: The client will be granted a 60% refund if the plan has not yet been assigned to department plan review staff. No refunds will be made after the department has started review of the client’s plans. (C-88-09-008-7-00)

Vote: failed

Item Text

8. PROPOSED MARICOPA COUNTY STORM WATER REGULATION Pursuant to A.R.S. §49-112, convene the scheduled public hearing to solicit comments and consider the adoption of a proposed Maricopa County Stormwater Quality Management and Discharge Control Regulation. Upon Board approval, this item will become effective from and after June 8, 2009. The adoption of this regulation also includes the adoption of approval and permit fees as outlined in Chapter 12 of the regulation. Maricopa County meets the minimum federal requirements for designation by the United States Environmental Protection Agency (EPA) as a small Municipal Separate Storm Sewer operator or MS4. As a small MS4, the County is required by the Federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act (as amended), to implement and enforce a program to improve to the maximum extent practicable the quality of Stormwater discharges from the County’s Stormwater conveyance system within the unincorporated urbanized areas of the County. Maricopa County may enact a Stormwater regulation pursuant to A.R.S. §11-251(66) and 49-371. Maricopa County, as a Municipal Separate Storm Sewer System under Phase II of the National Pollutant Discharge Elimination System (NPDES) Stormwater program of the Environmental Protection Agency (EPA) is empowered to regulate Stormwater by the authority of the Clean Water Act, 33 U.S.C. 1251 et seq. This Regulation shall be known as the Maricopa County Stormwater Quality Management and Discharge Control Regulation. There are six minimum Stormwater control criteria required in the Phase II program by the federal regulations found at 40 CFR 122.34 and in the Arizona Phase II permit. They are: 1. Public education and outreach on stormwater impacts; 2. Public involvement and participation; 3. Illicit discharge detection and elimination; 4. Construction site Stormwater runoff control; 5. Post-construction Stormwater management in new development and redevelopment; 6. Pollution prevention/good housekeeping for municipal operations. This Regulation meets Phase II permit requirements three, four and five. Requirements one, two and six are applicable to Maricopa County and do not require the adoption of language to regulate activities by others within the County areas covered by the Phase II permit. The purpose of this Regulation is to provide for the health, safety, and general welfare of the citizens of Maricopa County through the prohibition of non-Stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This Regulation will also protect Waters of the U.S. within Maricopa County by improving the quality of the Stormwater runoff from urbanized areas to the County-owned system by means of the use of best management practices (BMPs) by the County and its citizens. This Regulation ensures that the County is compliant with its Arizona Pollutant Discharge and Elimination System (AZPDES) permit requirements by establishing methods for controlling the introduction of pollutants into the County’s municipal separate storm sewer system (MS4). The objectives of this Regulation are: 1. To regulate the contribution of pollutants to the MS4 by Stormwater discharges in unincorporated urbanized areas by any user. 2. To prohibit illicit connections and discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this Regulation. Stormwater Pre-Construction Phase: Fee Pre-Construction Plan Review $1,050.00 Pre-Construction Site Inspection $325.00 One Additional Review of Pre-Construction plans with minor revisions and One Inspection of the Site Revisions $670.00 Re-Inspection of site when corrections to the site have been made following a failed initial site inspection $325.00 Expedited plan reviews and inspections are available at twice the standard fee Double fee Note: Applicant will have to re-apply for the pre-construction permit if the revised plan or site inspection resulting from a revision or re-inspection of the site fails to get approval by the Department. Stormwater Post-Construction Phase: Fee Post-Construction Plan Review $1,050.00 Post-Construction Site Inspection $325.00 One Additional Review of Post-Construction Plans with Minor Revisions and One Inspection of the Site Revisions $670.00 Re-Inspection of Site when Corrections to the Site have been made following a failed Initial Site Inspection $325.00 Expedited Plan Reviews and Inspections are available at twice the standard fee Double fee Note: Applicant will have to re-apply for the Post-Construction Permit if the Revised Plan or Site Inspection resulting from a Revision or Re-Inspection of the Site fails to get Approval by the Department. Miscellaneous: Fee Inspections by Request $325.00 Waivers: Fee Fee Includes Document Reviews and Site Inspection $2,425.00 Permit Transfers: Fee The fees presented are for permits and permit related activity approvals issued to a newly listed owner-operator of the site. $200.00 Refunds: The client will be granted a 60% refund if the plan has not yet been assigned to department plan review staff. No refunds will be made after the department has started review of the client’s plans. (C-88-09-008-7-00)