The County of Pima has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The County of Pima is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The County of Pima will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The County of Pima, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The County of Pima has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
B. Inspections and Monitoring
Inspections are performed for both county and non-county industrial facilities. Stormwater inspections for non-county industrial facilities are designed to evaluate consistency with the ADEQ’s (Arizona Department of Environmental Quality) 2010 MSGP (Multi-Sector General Permit) and compliance with Pima County ordinances. Annual inspections are scheduled for at least 20% of the industrial facilities. The facilities with the greatest potential for a discharge, namely scrap metal recyclers and auto recycling businesses, were inspected first. For consistency with the 2010 MSGP, inspectors review the SWPPP for completeness and accuracy, verify monitoring is performed and documented within the SWPPP and then inspect the facility. The facility inspection evaluates the level of implementation and maintenance of both structural and non-structural control measures, as well as the presence and indications of discharges. For compliance with Pima County ordinances, inspectors determine if stormwater pollutants are exposed to the environment and whether erosion is minimized. The results of the inspection are sent to the facility contact with a notice of the status of compliance and a list of activities that need to be taken to return to compliance, if the facility is out of compliance.
After each inspection, PDEQ sends the owner or operator an electronic version of the Site Inspection Report indicating whether they are consistent with the 2010 MSGP or are incompliance with Pima County ordinances. If there are inconsistent or out of compliance, the owner or operator are given a specified time frame to correct the inconsistency or non-compliance. Correction actions for updates to a SWPPP may be demonstrated by sending information electronically. Correction actions for control measures are inspected when the owner or operator notify PDEQ the actions are complete. If the follow-up inspection shows the industrial activity remains inconsistent with the 2010 MSGP, PDEQ refers the facility to ADEQ. Pima County will write a Notice of Violation (NOV) for unresolved industrial activities violating Pima County code.
The outcome of each inspection is logged in the non-county industrial facility inventory. The date and the inspection outcome with respect to ADEQ consistency and Pima County ordinance are logged as either in compliance (IC) or out of compliance (OC). Facilities that are out of compliance are tracked until they are brought into compliance or are referred to the agency issuing the permit, namely ADEQ. The goal is to bring facilities into compliance within a one year period from the initial inspection identifying a non-compliance issue exists.
Results of each year’s inspections are reviewed to determine how well the facilities are maintaining compliance with state and local stormwater regulations. Where patterns are identified, alternate actions are developed. Alternate actions include education of specific businesses or regional organizations representing the businesses on more effective BMPs and updates in regulations.
Industrial facilities that have not filed for the AZPDES Multi-sector General Permit are reported to the Southern Regional office of ADEQ when discovered. PDEQ becomes aware of facilities being non-filers through observation of facility activities and through complaints submitted by the public.