Ariz. Admin. Code § 18-2-612.01

Current through Register Vol. 30, No. 25, June 21, 2024

Section R18-2-612.01 - Agricultural Pm General Permit for Irrigation Districts; Pm Nonattainment Areas Designated after June 1, 2009

A. An irrigation district within a PM Nonattainment Area, designated after June 1, 2009, shall implement at least one best management practice from each of the following categories to reduce PM emissions:

1. Unpaved operation and maintenance roads:

a. Access restriction,

b. Apply and maintain aggregate cover,

c. Install supervisory control system to limit vehicle travel,

d. Limit activity,

e. Install signage to limit vehicle speed to 25 mph,

f. Post warning signs for unauthorized use at point of entry to roads,

g. Reduce vehicle speed,

h. Install and maintain a track-out control system,

i. Apply and maintain synthetic or natural particulate suppressant,

j. Apply and maintain water before, during, and after major and minor earth moving activities,

k. Apply and maintain water when grading roadways,

l. Use paved non-district or paved public roads to access structures, or

m. Install wind barriers.

2. Canals:

a. Dredge canals while muck or debris is still wet,

b. Dispose of muck or debris while still damp,

c. Weed management,

d. Biological control of aquatic weeds, or

e. Apply and maintain water before, during and after major and minor earth moving activities.

3. Unpaved utility access roads:

a. Access restriction,

b. Apply and maintain aggregate cover,

c. Limit activity,

d. Install signage to limit vehicle speed to 25 mph,

e. Post warning signs for unauthorized use at points of entry to roads,

f. Reduce vehicle speed,

g. Install and maintain a track-out control system,

h. Apply and maintain pavement,

i. Apply and maintain synthetic or natural particulate suppressant,

j. Apply and maintain water before, during and after major and minor earth moving activities,

k. Apply and maintain water when grading roadways,

l. Use paved non-district or paved public roads to access structures, or

m. Install wind barriers.

B. From and after December 31, 2015, an irrigation district engaged in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the irrigation district. The Best Management Practice Program General Permit Record form shall include the following information:

1. The name, business address, and of the of the irrigation district representative responsible for the preparation and implementation of the best management practices;

2. The signature of the irrigation district representative and the date the form was signed; and

3. The best management practice selected for unpaved operation and utility roads, canals, and unpaved utility access roads.

C. Beginning in calendar year 2017, and no more than once every subsequent three calendar years, the Director, in conjunction with the Arizona Department of Agriculture, shall provide the irrigation district with a Best Management Practices Program 3-year Survey. The irrigation district shall complete the Survey with data from the preceding calendar year and submit the Survey to the Arizona Department of Agriculture (ADA) by January 31, 2018, and every three years thereafter. The Survey information submitted to the ADA shall be compiled by the ADA then be submitted to the Department. The 3-year Survey shall include the following information:

1. The name, business address, and phone number of the irrigation district representative responsible for the preparation and implementation of the best management practices;

2. The signature of the irrigation district representative and the date the form was signed;

3. The total miles of canals that the irrigation district controls;

4. The total miles of unpaved operation and maintenance roads;

5. The total miles of the unpaved utility access roads; and

6. The best management practices selected for unpaved operation and utility roads, canals, and unpaved utility access roads.

D. Records of any changes to those Best Management Practices shall be noted on the Best Management Practices Program General Permit Record Form and shall be kept by the irrigation district onsite and made available for review by the Director within two business days of notice to the irrigation district by the Department.

E. An irrigation district may develop different practices not contained in either of the categories of subsection (A)(1), (A)(2), or (A)(3) that reduce PM and may submit such practices that are proven effective through in-district trials. The proposed new practices shall not become effective unless submitted as described in A.R.S. § 49-457(L).

F. An irrigation district shall maintain a record demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice.

G. The Director shall not assess a fee to an irrigation district for coverage under the agricultural PM general permit.

H. An irrigation district shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

I. The Director shall document noncompliance with this Section before issuing a compliance order.

J. An irrigation district that is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

Ariz. Admin. Code § R18-2-612.01

Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.