Tucson, AZ Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing chapter
- Tucson Code Ch. 26, Art. II
- Key section
- Sec. 26-40, Prohibited discharges
- Violation classification
- Civil infraction and misdemeanor
- Enforcement notice
- Written notice, Sec. 26-47
- Exempt flows
- Sec. 26-41 non-prohibited discharges
Summary
Tucson Code § 26-40 bans any discharge that contributes a pollutant to stormwater, including illicit connections, dumping materials that block flow, and failing to file required AZPDES/NPDES paperwork. Violations trigger corrective-action orders and can be prosecuted as civil infractions or misdemeanors.
Sec. 26-40. Prohibited discharges. The following are prohibited:
(1) Any discharge that is a source of pollutants;
(2) Allowing or causing any discharge that contributes a pollutant to stormwater;
(3) Any discharge that contributes to a violation of the city's Municipal Stormwater Permit, regardless of whether that discharge is covered under, and is in compliance with, an AZPDES/NPDES permit;
(4) Establishing, using, and/or maintaining any connection that allows a discharge that contributes a pollutant to stormwater;
(5) Depositing, dumping or storing any materials in a manner that may contribute a pollutant to, or obstruct the flow of, stormwater...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-150: Current through June 23, 2026).
Full Breakdown
Article II of Chapter 26 sets Tucson's stormwater management program, adopted to comply with the city's Municipal Stormwater Permit and the federal Clean Water Act. Section 26-40 prohibits ten categories of conduct: any discharge that is a source of pollutants; allowing or causing a discharge that contributes a pollutant to stormwater; any discharge that violates the city's Municipal Stormwater Permit even if separately AZPDES/NPDES-permitted; establishing or maintaining an illicit connection to the municipal separate storm sewer system; depositing, dumping, or storing materials that could pollute or obstruct stormwater flow; failing to comply with an AZPDES/NPDES permit, including Stormwater Pollution Prevention Plan (SWPPP) obligations; failing to submit required notices of intent, notices of termination, or no-exposure certifications; failing to implement a Corrective Action Plan using Best Management Practices; misrepresenting information in a permit or plan; and disabling required sampling or monitoring devices.
Section 26-41 exempts naturally occurring flows (stormwater, rising groundwater, springs, dechlorinated pool water) and de minimis discharges such as charitable car washes using biodegradable soap, provided they don't independently become pollutant sources. Under Section 26-47, an authorized representative who discovers a violation can issue a written notice by personal service or certified mail requiring a Corrective Action Plan, installation of monitoring devices at the violator's expense, cleanup, and an immediate stop-work order if the condition threatens public health or the environment.
Violations & Fines
Section 26-48 makes violating Article II both a civil infraction and a misdemeanor, with the city entitled to recover all damages, costs, fines, and penalties it incurs plus indemnification. The Tucson City Court can order corrective-action plans, monitoring device installation and testing paid for by the violator, cleanup, and immediate abatement, and can impose these as terms of probation on a criminal conviction. Co-owners of a violating property are jointly and severally liable, and a prior owner remains liable for violations that occurred before a transfer of the property.
Frequently Asked Questions
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Sources & Official References
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