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Stormwater Pollution Prevention Plan - Phoenix Sky Harbor ...

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Non-Mining MSGP 2010 General Permit<br />

18. Request for an Individual Permit.<br />

a. A permittee may request an exclusion from coverage of a general permit by applying for<br />

an individual permit.<br />

i. The permittee shall submit an individual permit application under R18-9-B901(B) and<br />

include the reasons supporting the request no later than 90 days after publication of the<br />

general permit.<br />

ii. The Director shall grant the request if the reasons cited by the permittee are adequate to<br />

support the request.<br />

b. If an individual permit is issued to a person otherwise subject to a general permit, the<br />

applicability of the general permit to the discharge is automatically terminated on the effective<br />

date of the individual permit.<br />

19. Transfer of Coverage<br />

a. Transfer of coverage from one operator to a different operator (e.g., facility sold to a new<br />

company): the new owner/ operator must complete and file a Notice of Intent in accordance<br />

with Part 1.3.1 at least 5 days prior to taking over operational control of the facility. The old<br />

owner/ operator must file a Notice of Termination within thirty (30) days after the new owner/<br />

operator has assumed responsibility for the facility.<br />

b. Simple name changes of the permittee (e.g., Company “A” changes name to “ABC, Inc.”)<br />

may be done by filing an amended Notice of Intent referencing the facility’s assigned permit<br />

number and requesting a simple name change.<br />

20. Bypass<br />

a. Definitions.<br />

1 Bypass means the intentional diversion of waste streams from any portion of a treatment<br />

facility<br />

2 Severe property damage means substantial physical damage to property, damage to the<br />

treatment facilities which causes them to become inoperable, or substantial and<br />

permanent loss of natural resources which can reasonably be expected to occur in the<br />

absence of a bypass. Severe property damage does not mean economic loss caused by<br />

delays in production.<br />

b. Bypass not exceeding limitations. The permittee may allow any bypass to occur that does<br />

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to<br />

assure efficient operation. These bypasses are not subject to the provisions Appendix B,<br />

Subsections 20.c and 20.d.<br />

c. Notice<br />

1 Anticipated bypass. If the permittee knows in advance of the need for a bypass, prior<br />

notice shall be submitted at least ten days before the date of the bypass.<br />

2 Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as<br />

required in Appendix B, Subsection 12.d.<br />

d. Prohibition of bypass.<br />

1. Bypass is prohibited, and ADEQ may take enforcement action against the permittee for<br />

bypass, unless:<br />

i. Bypass was unavoidable to prevent loss of life, personal injury, or severe<br />

property damage;<br />

ii. There were no feasible alternatives to the bypass, such as the use of auxiliary<br />

treatment facilities, retention of untreated wastes, or maintenance during normal<br />

periods of equipment downtime. This condition is not satisfied if adequate back-up<br />

equipment should have been installed in the exercise of reasonable engineering<br />

<strong>Stormwater</strong> Discharges Associated With Industrial Activity – Appendix B B-8

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