49-371. Local stormwater quality programs; authority; limitations; fee; civil penalty; definition

A. A county that is required by the clean water act to obtain coverage under a national or state pollutant discharge elimination system stormwater program or a county that is required to obtain coverage under an Arizona pollutant discharge elimination system permit pursuant to article 3.1 of this chapter may do all of the following:

1. Develop and implement stormwater pollution prevention plans and stormwater management programs as prescribed by the clean water act or article 3.1 of this chapter.

2. Adopt, amend, repeal and implement any ordinances, rules or regulations necessary to comply with the minimum requirements of the clean water act or article 3.1 of this chapter, including the imposition and collection of fees for issuing and administering permits, reviewing plans and conducting inspections. Any fees imposed pursuant to this section shall not exceed the reasonable costs of the county to issue and administer permits, review plans and conduct inspections. Fees collected pursuant to this section may not be used to fund stormwater infrastructure costs.

3. Adopt rules, regulations or ordinances regulating the use of lands or rights-of-way owned or leased by the county as may be necessary to implement and enforce its national or state pollutant discharge elimination system stormwater management program.  Rules, regulations or ordinances adopted pursuant to this paragraph may include provisions for both of the following:

(a) Establishing and enforcing a county permit program, including conditions for the review, issuance, revision, renewal, revocation, administration and enforcement of a permit.

(b) Establishing fees for the use of lands or rights-of-way and the discharge of stormwater or other waters onto or across those lands or rights-of-way pursuant to a permit.

4. Enforce the ordinances, rules or regulations adopted pursuant to this section consistent with section 49-372.

5. Seek a civil penalty of not more than $2,500 for each violation.  Each day of a violation constitutes a separate offense.

B. An ordinance, rule or regulation adopted pursuant to this section, or a stormwater management program developed and implemented by a county pursuant to this section, shall not be more stringent than or conflict with any requirement of the clean water act or article 3.1 of this chapter.  A city, town or county may not regulate under this section any activity that does not discharge to a protected surface water.

C. A county that operates a regulated small municipal separate storm sewer system that discharges to a protected surface water shall conduct its pollutant discharge elimination system stormwater management program and shall limit the application of any ordinance, rule or regulation as follows:

1. In urbanized areas as described in 40 Code of Federal Regulations section 122.32 as necessary to meet the requirements of 40 Code of Federal Regulations section 122.34(b)(3).  For small municipal separate storm sewer systems that discharge to non-WOTUS protected surface waters, the county shall apply this paragraph as if the small municipal separate storm sewer system discharged to a WOTUS protected surface water.

2. As necessary to meet the requirements of public education and outreach, public involvement and participation as provided by the clean water act or article 3.1 of this chapter.

D. Except as required by the clean water act, a county may not require a permit from any person with a federal or state pollutant discharge elimination system permit regulating the same activity at the same location.

E. Except as required by 40 Code of Federal Regulations section 122.34, a county may not regulate any person or activity exempt under 33 United States Code section 1342(l), 40 Code of Federal Regulations section 122.3 or Arizona administrative code R18-9-A902(G).

F. If adopting an ordinance, rule or regulation pursuant to this section, a county shall use the definitions prescribed in section 49-255.

G. Fees received by a county pursuant to an ordinance or rule adopted pursuant to this article shall be deposited with the county for use in administering the programs or plans developed and implemented pursuant to this section.

H. Before adopting any ordinance, rule or regulation pursuant to this section, a county shall file with the secretary of state a written statement including a summary of the proposed rule, ordinance or other regulation.  The summary shall provide the name of the person with the county to contact with questions or comments. The secretary of state shall publish the written statement in the next issue of the Arizona administrative register at no cost to the county.  The county shall make the text of the rule, ordinance or other regulation available to the public at the same time it files the written summary of the rule, ordinance or other regulation with the secretary of state as provided in this subsection.  The county shall also comply with the requirements of section 49-112, subsection D, paragraphs 2, 3 and 4.

I. For the purposes of this article, "county" means a county that operates a regulated small municipal separate storm sewer system pursuant to 40 Code of Federal Regulations section 122.32.  For small municipal separate storm sewer systems that discharge to non-WOTUS protected surface waters, this definition shall apply as if the small municipal separate storm sewer system discharged to a WOTUS protected surface water.