Tempe, AZ Environmental Rules: Stormwater Management (2026)
Key Facts
- Discharge rule
- Only storm water may enter public storm drains
- Enforcing agency
- Public Works Director (§12-115, §12-123)
- Spill notice deadline
- Phone within 24 hours, writing within 3 days
- Civil penalty cap
- $2,500 per violation per day (§12-149)
- Criminal penalty
- Class one misdemeanor, up to 6 months jail
- Appeal path
- City Council reviews Public Works Director decisions
Summary
Tempe bans discharging anything but storm water into the public storm drain system under Chapter 12, Article VI of the general code. Section 12-115 sets the purpose: cutting pollutants from spills, dumping, and improper storage to meet the City's federal Clean Water Act and state AZPDES storm water permits, with the Public Works Director enforcing prohibitions, inspections, and civil penalties up to $2,500 per violation per day.
This article sets forth requirements for the control of pollutants that are or may be discharged to the public storm drain system. The purpose is to improve the quality of storm water discharges and to enable the City to comply with all applicable state and federal laws, including but not limited to, the Clean Water Act (33 United States Code § 1251 et seq.), the National Pollutant Discharge Elimination System Regulations (40 Code of Federal Regulations Part 122), and the Arizona Pollutant Discharge Elimination System Regulations (Arizona Administrative Code, Title 18, Chapter 9, Article 9).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).
Full Breakdown
Section 12-115(a) states the article exists to control pollutants discharged to the public storm drain system so Tempe can meet the federal Clean Water Act, EPA's National Pollutant Discharge Elimination System rules, and Arizona's Pollutant Discharge Elimination System (AZPDES) program. Section 12-125 makes it unlawful to release anything other than storm water to a public right-of-way or storm drain, or to store, spill, dump, or dispose of materials in a way that could add pollutants to runoff, subject to narrow exemptions such as lawn watering, dechlorinated pool discharges, and firefighting flows.
Section 12-126 requires anyone who discovers a qualifying release to contain and clean it up immediately and to notify the Public Works Director by phone within twenty-four hours and in writing within three days. Section 12-127 requires developers who must provide best management practices under § 12-73(d) to submit a BMP plan with their drainage plan for Community Development Director approval. The Public Works Director administers the article under § 12-123, and a person aggrieved by a decision can appeal to the City Council under § 12-124.
Enforcement under Division 5 runs from a written notice of violation (§ 12-146) giving ten working days to submit a correction plan, through consent orders (§ 12-147) and cease-and-desist orders (§ 12-148), to civil citations in Tempe Municipal Court. Section 12-149(c) caps the civil penalty at $2,500 per violation per day, and § 12-151 makes willful or negligent violations a class one misdemeanor punishable by up to six months in jail in addition to the fine. The City Attorney can also seek injunctive relief in Maricopa County Superior Court under § 12-150.
Violations & Fines
Violating the storm water pollution control article can draw a civil citation carrying up to $2,500 per violation per day under § 12-149(c), plus a default penalty of up to $50 if a defendant skips their court date. Willful or negligent violations are prosecutable as a class one misdemeanor under § 12-151, punishable by a fine up to $2,500 per day, up to six months in jail, or both, and the City can also seek an injunction through Maricopa County Superior Court.
Frequently Asked Questions
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Sources & Official References
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How other cities in Maricopa County handle stormwater management.