ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Arizona Mining Permitting Guide
Overview of Major Federal Environmental Laws - Continued
address certain discharges incidental to the normal operations of a recreation vessel and was amended
by Pub. L. 107-303 (11/27/02) to authorize the Administrator of the EPA to carry out projects and
conduct research for remediation of sediment contamination in areas of concern in the Great Lakes,
and for other purposes.
Under Section 208 of the Act each state must identify the areas within the state that have substantial
water quality problems. Areas identified as having such problems are subject to area-wide waste
treatment plans. These plans provide for the treatment and control of all point and non-point pollution
sources. Section 208 has significance for mining operations because no permit under Section 402
(National Pollutant Discharge Elimination System) can be issued that conflicts with an area-wide
waste treatment plan. Please refer to the entry titled “208 Consistency Review” in this handbook for
more information.
A permit is required for any discharge of pollutants subject to the Act. This requirement establishes
the National Pollutant Discharge Elimination System (NPDES). NPDES permits are required for all
existing and new sources of pollution governed by the Act. An EIS is not required for existing
sources, but a full NEPA analysis is required for new sources. Some states have the authority to
administer this program. This is the case is in Arizona where the Arizona Department of
Environmental Quality have responsibility for AZPDES permits. Refer to the entry titled
“Stormwater Discharges from Industrial Activities” and “Point Sources Discharge to Surface Waters”
in this handbook for more information.
Discharges of harmful quantities of hazardous substances or oil in harmful quantities are prohibited
by Section 311 of the Act. Hazardous quantities for hazardous substances are specified in 40 C.F.R.
117. A hazardous quantity of oil is an amount that “causes a film or sheen upon or discoloration of
the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited
beneath the surface of the water or upon adjoining shorelines.” A spill prevention control and
countermeasures (SPCC) plan is required for facilities with buried oil-storage tanks greater than
42,000 gallons or surface tanks larger than 1320 gallons.
Section 404 of this Act regulates the discharge of dredged or fill material into waters of the U.S.
This Act authorizes the U.S. Army Corps of Engineers to issue permits for the discharge of dredged
or fill materials into waters of the U.S. The definition given to waters of the U.S. is so broad that any
operations conducted in any dry or flowing gully, wash, arroyo, creek, stream, river or lake or
wetland should be presumed to be covered in the definition. Always consult with the Corp of
Engineers before conducting operations in such areas. A NEPA analysis is required for the issuance
of new individual 404 permits. Refer to the entry titled “Section 404 Permit (Dredge and Fill)” in this
handbook for more information.
Violations causing a “knowing endangerment of human life” can be punished with a fine of up to
$250,000 and/or a 15-year sentence.
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