ADEM 

ALABAMA 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

NATIONAL POLLUTANT 

DISCHARGE ELIMINATION 

SYSTEM 

GENERAL PERMIT 

DISCHARGE AUTHORIZED: DISCHARGES OF NON-CONTACT COOLING WATER, COOLING TOWER 

BLOWDOWN, AND BOILER BLOWDOWN WITH AND WITHOUT 

DEMINERALIZER WASTEWATER 

AREA OF COVERAGE: THE STATE OF ALABAMA 

PERMIT NUMBER: ALG250000 

RECEIVING WATERS: ALL WATERS OF THE STATE NOT DESIGNATED OUTSTANDING 

NATIONAL RESOURCE WATER, OUTSTANDING ALABAMA WATER,

OR TREASURED ALABAMA LAKE 

 In accordance with and subject to the provisions of Federal Water Pollution Control Act, as amended, 33 U.S.C. 

§§1251-1378 (the “FWPCA”), the Alabama Water Pollution Control Act, as amended, Code of Alabama 1975, §§22-

22-1 to 22-22-14 (the "AWPCA"), the Alabama Environmental Management Act, as amended, Code of Alabama 

1975, §§22-22A-1 to 22-22A-15, and rules and regulations adopted thereunder, and subject further to the terms and 

conditions set forth in this permit, the dischargers covered by this permit are hereby authorized to discharge into the 

above receiving waters. 

ISSUANCE DATE: October 31, 2011 

EFFECTIVE DATE: April 1, 2012 

EXPIRATION DATE: March 31, 2017 

 

Alabama Department of Environmental Management 
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NON-CONTACT COOLING WATER GENERAL PERMIT 

TABLE OF CONTENTS

PART I DISCHARGE LIMITATIONS, CONDITIONS, AND REQUIREMENTS 

 A. Discharge Limitations and Monitoring Requirements 

 B. Discharge Monitoring and Record Keeping Requirements 

 1. Representative Sampling 

 2. Test Procedures 

 3. Recording of Results 

 4. Records Retention and Production 

 5. Monitoring Equipment and Instrumentation 

C. Discharge Reporting Requirements 

 1. Reporting of Monitoring Requirements 

 2. Noncompliance Notification 

D. Other Reporting and Notification Requirements 

 1. Anticipated Noncompliance 

 2. Termination of Discharge 

 3. Updating Information 

 4. Duty to Provide Information 

 5. New or Increased Discharge 

 6. Cooling Water and Boiler Water Additives 

E. Schedule of Compliance 

PART II OTHER REQUIREMENTS, RESPONSIBILITIES, AND DUTIES 

A. Requirement for Coverage Under This General Permit 

1. Notice of Intent 

2. Content of Notice of Intent 

B. Operational and Management Requirements 

 1. Facilities Operation and Maintenance 

 2. Best Management Practices 

 3. Spill Prevention, Control, and Management 

C. Other Responsibilities 

 1. Duty To Mitigate Adverse Impact 

 2. Right of Entry and Inspection 

D. Bypass and Upset 

 1. Bypass 

 2. Upset 

 E. Duty to Comply with Permit, Rules, and Statutes 

 1. Duty to Comply 

 2. Removed Substances 

 3. Loss or Failure of Treatment Facilities 

 4. Compliance with Statutes and Rules 

 F. Permit Transfer, Modification, Suspension, Revocation, Reissuance, and Termination 

 1. Duty to Reapply or Notify of Intent to Cease Discharge 

 2. Change in Discharge 

 3. Transfer of Permit 

 4. Permit Modification, Revocation and Reissuance (of Modified General or Individual), and Termination 

 5. Issuance of an Individual Instead of a General Permit 

 6. Request for Individual Permit by General Permit Holder 

 7. Request for Permit Action Does Not Stay Any Permit Requirement 

 G. Compliance with Toxic Pollutant Standard or Prohibition 

 H. Discharge of Wastewater Generated by Others 

PART III OTHER PERMIT CONDITIONS 

A. Civil and Criminal Liability 

B. Oil and Hazardous Substance Liability 

C. Property and Other Rights 

D. Availability of Reports 

E. Compliance With Water Quality Standards 

F. Groundwater 

G. Definitions 

H. Severability 

PART IV ADDITIONAL REQUIREMENTS, CONDITIONS, AND LIMITATIONS 

 A. Best Management Practices (BMP) Plan 

 B. Discharges to Impaired Waters Requirements 

 

 C. Cooling Water Intake Structures (CWIS) Requirements 
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NON-CONTACT COOLING WATER GENERAL PERMIT LIMITS GENERAL NPDES PERMIT ALG250000 PART I A. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning on the effective date of this permit and lasting through the expiration date of this permit, 

authorized to discharge from the following point source(s) outfall(s), described more fully in the permittee's application: DSN001: Discharges associated with non-contact cooling water, cooling tower blowdown, uncontaminated con

blowdown, and demineralizer wastewater. 1/ 2/ 

Such discharge shall be limited and monitored by the permittee as specified below: 

EFFLUENT CHARACTERISTIC UNITS DISCHARGE LIMITATIONS MON

 Daily Minimum Daily Maximum Monthly Average Mea

 Freq

Flow gal/day - Monitor - 1/mopH s.u. 6.0 8.5 - 1/moTemperature 3/ oF - 90 - 1/mo

Total Residual Chlorine 4/ 5/ 6/ mg/l - 0.019 0.011 1/2 w

Chlorides, Total 7/ mg/l - 860 - 1/mo

Total Dissolved Solids 7/ mg/l - Monitor - 1/mo

THE DISCHARGE SHALL HAVE NO SHEEN, AND THERE SHALL BE NO DISCHARGE 

 OF VISIBLE OIL, FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.

1/ Samples collected to comply with the monitoring requirements specified above shall be collected at the following location

accessible location just prior to discharge and after final treatment. Unless otherwise specified, composite samples shall be 

samples collected using automatic sampling equipment or a minimum of eight (8) equal volume grab samples collected intervals. All composite samples shall be collected for the total period of discharge not to exceed 24 hours. 

2/ If necessary, the demineralizer wastewater may be diluted to meet water quality standards. 

3/ Discharges into the Tennessee and Cahaba Rivers including their tributaries or into that stretch of the Tallapoosa River th

Thurlow Dam and the confluence of the Tallapoosa and Coosa Rivers including any tributaries shall not exceed 86oF. 

4/ If the discharge is greater than 2,500 feet from a water of the state, monitoring of chlorine may not be required if the condit

Water Monitoring Options” of the “Notice of Intent” are met. However, the facility must code the total residual chlorine pa

electronic Discharge Monitoring Report (DMR) as *9 or as “NODI=9” on the hard copy DMR (monitoring is conditional not requi

5/ Monitoring is required during “shock chlorination”, if applicable. 

6/ Monitoring is not required if the source water is free of chlorine and no chlorine is added to the cooling water system. How

must code the total residual chlorine parameter on the electronic Discharge Monitoring Report (DMR) as *9 or as “NODI=9” o

DMR (monitoring is conditional not required this period). 

7/ To be monitored when demineralizer wastewater is discharged or when the boiler blowdown volume exceeds 5,000 GPD. 
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B. DISCHARGE MONITORING AND RECORD KEEPING REQUIREMENTS 

1. Representative Sampling 

Samples and measurements taken as required herein shall be representative of the volume and nature of 

the monitored discharge and shall be in accordance with the provisions of this permit. 

2. Test Procedures 

For the purpose of reporting and compliance, permittees shall use the Minimum Level (ML) as 

established by EPA. All analytical values at or above the ML shall be reported as the measured value. 

Values below the ML shall be reported as “0”. Test procedures for the analysis of pollutants shall conform 

to 40 CFR Part 136 and guidelines published pursuant to Section 304(h) of the FWPCA, 33 U.S.C. 

Section 1314(h). If more than one method for analysis of a substance is approved for use, a method 

having a minimum level lower than the permit limit shall be used. If the minimum level of all methods is 

higher than the permit limits, the method having the lowest minimum level shall be used and a report of 

less than the minimum level shall be reported as zero and will constitute compliance, however should 

EPA approve a method with a lower minimum level during the term of this permit the permittee shall use

the newly approved method. 

For pollutant parameters without an established ML, an interim ML may be utilized. The interim ML shall 

be calculated as 3.18 times the Method Detection Level (MDL) calculated pursuant to 40 CFR Part 136, 

Appendix B. 

Permittees may develop an effluent matrix-specific ML, where an effluent matrix prevents attainment of

the established ML. However, a matrix specific ML shall be based upon proper laboratory method and 

technique. Matrix-specific MLs must be approved by the Department, and may be developed by the 

permittee during permit issuance, reissuance, modification, or during compliance schedule. 

When an EPA approved test procedure for analysis of a pollutant does not exist, the Director shall 

approve the procedure to be used. 

3. Recording of Results 

For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall 

record the following information: 

 a. The facility name and location, point source number, date, time and exact place of sampling; 

 b. The name(s) of person(s) who obtained the samples or measurements; 

 c. The dates and times the analyses were performed; 

 d. The name(s) of the person(s) who performed the analyses; 

 e. The analytical techniques or methods used, including source of method and method number; and 

 f. The results of all required analyses. 

4. Records Retention and Production 

a. The permittee shall retain records of all monitoring information, including all calibration and 

maintenance records and all original strip chart recordings for continuous monitoring 

instrumentation, copies of all reports required by the permit, and records of all data used to 

complete the above reports or the application for this permit, for a period of at least three years 

from the date of the sample measurement, report or application. This period may be extended by 

request of the Director at any time. If litigation or other enforcement action, under the AWPCA 

and/or the FWPCA, is ongoing which involves any of the above records, the records shall be kept 

until the litigation is resolved. Upon the written request of the Director or his designee, the 
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permittee shall provide the Director with a copy of any record required to be retained by this 

paragraph. Copies of these records shall not be submitted unless requested. 

b. All records required to be kept for a period of three years shall be kept at the permitted facility or 

an alternate location approved by the Department in writing and shall be available for inspection. 

A complete copy of the permit, the Best Management Practices (BMP) Plan, most recent BMP 

inspection records, and, if applicable, a Spill Prevention, Control, and Countermeasures (SPCC) 

Plan shall be maintained at the facility. The past three years of DMRs, laboratory records, and 

historical BMP inspection and training records may be kept at an alternate Alabama location if 

approved by the Department. 

5. Monitoring Equipment and Instrumentation 

 All equipment and instrumentation used to determine compliance with the requirements of this permit 

shall be installed, maintained, and calibrated in accordance with the manufacturer's instructions or, in the 

absence of manufacturer's instructions, in accordance with accepted practices. At a minimum, flow 

measurement devices shall be calibrated at least once every 12 months. 

C. DISCHARGE REPORTING REQUIREMENTS 

 1. Reporting of Monitoring Requirements 

 a. Monitoring results obtained during the previous SEMIANNUAL reporting period shall be 

summarized on a Discharge Monitoring Report (DMR) Form approved by the Department and 

shall be received by the Director no later than the 28th day of the month following the first 

complete monitoring period. This permit requires twice monthly, monthly, quarterly, and 

semiannual self monitoring. The permittee shall conduct the required monitoring in accordance 

with the following schedule: 

MONITORING REQUIRED MONTHLY AND MORE FREQUENTLY THAN MONTHLY shall be 

conducted during the first full month following the effective date of initial coverage under this 

permit and every month thereafter. 

QUARTERLY MONITORING shall be conducted at least once during each calendar quarter. 

Calendar quarters are the periods of January through March, April through June, July through 

September, and October through December. The permittee shall conduct the quarterly monitoring 

during the first full quarter following the effective date of initial coverage and each quarter 

thereafter. 

SEMI-ANNUAL MONITORING shall be conducted at least once during the period of January 

through June and at least once during the period of July through December. The permittee shall 

conduct the semi-annual monitoring during the first complete six-month period following the 

effective date of initial coverage and each six-month period thereafter. 

 b. The permittee shall submit discharge monitoring reports (DMRs) on the forms provided by the 

Department and in accordance with the following schedule: 

REPORTS OF MORE FREQUENTLY THAN MONTHLY, MONTHLY, QUARTERLY, AND SEMIANNUAL MONITORING shall be submitted on a semiannual basis. The semiannual reports shall 

be submitted so that they are received by the Department no later than the 28th day of July and 

the 28th day of January and each submittal shall report results of all testing performed during the 

six month period preceding the reporting month. For example, the semiannual report due on 

January 28 should report the results of testing conducted during the months of July through 

December. 

REPORTS OF ANNUAL TESTING shall be submitted on an annual basis. The annual reports 

shall be submitted so that they are received by the Department no later than the 28th day of 

January and each submittal shall report results of all annual testing performed during the twelve 

month period preceding the reporting month. For example, the annual report due on January 28 
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should report the results of testing conducted during the previous months of January through 

December. 

c. The Department is utilizing a web-based electronic environmental (E2) reporting system for 

submittal of DMRs. The E2 DMR system allows ADEM to electronically validate, acknowledge 

receipt, and upload data to the state’s central wastewater database. This improves the accuracy 

of reported compliance data and reduces costs to both the regulated community and ADEM. If 

the permittee is not already participating in the E-DMR system, within 180 days of coverage 

under this permit, permittees must apply for participation in the E-DMR system unless the facility 

submits in writing valid justification as to why they cannot participate and the Department 

approves in writing utilization of hard copy DMR submittals. To participate in this program, the 

Permittee Participation Package may be downloaded online at 

https://e2.adem.alabama.gov/npdes. If the electronic environmental (E2) reporting system is 

down (i.e. electronic submittal of DMR data is unable to be completed due to technical problems 

originating with the Department’s system; this could include entry/submittal issues with an entire 

set of DMRs or individual parameters), permittees are not relieved of their obligation to submit 

DMR data to the Department by the required submittal date. However, if the E2 system is down 

on the 28th day of the month or is down for an extended period of time as determined by the 

Department when a DMR is required to be submitted, the facility may submit the data in an 

alternate manner and format acceptable to the Department. Preapproved alternate acceptable 

methods include faxing, e-mailing, mailing, or hand-delivery of data such that they are received 

by the required reporting date. Within five calendar days of the E2 system resuming operation, 

the permittee shall enter the data into the E2 reporting system, unless an alternate timeframe is 

approved by the Department. An attachment should be included with the E2 DMR submittal 

verifying the original submittal date (date of the fax, copy of dated e-mail, or hand-delivery 

stamped date). If a permitttee is allowed to submit via the US Postal Service, then the DMR must 

be legible and bear an original signature. Photo and electronic copies of the signature are not 

acceptable and shall not satisfy the reporting requirements of this permit. If the permittee, using 

approved analytical methods as specified in Provision I. B. 2. monitors any discharge from a point 

source for a limited substance identified in Provision I. A. of this permit more frequently than 

required by this permit, the results of such monitoring shall be included in the calculation and 

reporting of values on the DMR Form and the increased frequency shall be indicated on the DMR 

Form. In the event no discharge from a point source identified in Provision I. A of this permit and 

described more fully in the permittee's application occurs during a monitoring period, the 

permittee shall report "No Discharge" for such period on the appropriate DMR Form. 

 d. All reports and forms required to be submitted by this permit, the AWPCA and the Department's 

Rules and regulations, shall be electronically signed (or if allowed by the Department, traditionally 

signed) by a "responsible official" of the permittee as defined in ADEM Administrative Code Rule 

335-6-6-.09 or a "duly authorized representative" of such official as defined in ADEM 

Administrative Code Rule 335-6-6-.09 and shall bear the following certification: 

"I certify under penalty of law that this document and all attachments were prepared under 

my direction or supervision in accordance with a system designed to assure that qualified 

personnel properly gather and evaluate the information submitted. Based on my inquiry of 

the person or persons who manage the system, or those persons directly responsible for 

gathering information, the information submitted is, to the best of my knowledge and 

belief, true, accurate, and complete. I am aware that there are significant penalties for 

submitting false information, including the possibility of fine and imprisonment for 

knowing violations."

 e. All reports and forms required to be submitted by this permit, the AWPCA and the Department's 

Rules and being submitted via the US Postal Service shall be addressed to: 

 Alabama Department of Environmental Management 

 Post Office Box 301463 

 Montgomery, Alabama 36130-1463 

 Attention: Environmental Data Section / Information Systems Branch 

 f. All submittals required by this permit shall bear identification of the permittee by permitted name 

and permit number. 
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 2. Noncompliance Notification 

 a. If for any reason, the permittee's discharge (1) does not comply with any daily minimum or 

maximum discharge limitation for an effluent characteristic specified in Provision I. A. of this 

permit which is denoted by an "(X)", (2) threatens human health or welfare, fish or aquatic life, or 

water quality standards, (3) does not comply with an applicable toxic pollutant effluent standard or 

prohibition established under Section 307(a) of the FWPCA, 33 U.S.C. Section 1317(a), (4) 

contains a quantity of a hazardous substance which has been determined may be harmful to 

public health or welfare under Section 311(b)(4) of the FWPCA, 33 U.S.C. Section 1321(b)(4), (5) 

exceeds any discharge limitation for an effluent characteristic as a result of an unanticipated 

bypass, upset, (6) is an unpermitted direct or indirect discharge of a pollutant to a water of the 

state (unpermitted discharges properly reported to the Department under any other requirement 

are not required to be reported under this provision), the permittee shall orally report the 

occurrence and circumstances of such discharge to the Director within 24-hours after the 

permittee becomes aware of the occurrence of such discharge. In addition to the oral report, the 

permittee shall submit to the Director electronically a report (or if acceptable to the Department a 

written report) as provided in Provision I. C. 2. c. no later than five (5) days after becoming aware 

of the occurrence of such discharge. 

 b. If for any reason, the permittee's discharge does not comply with any limitation of this permit, the 

permittee shall submit to the Director a report as provided in Provision I. C. 2. c. below, such 

report shall be submitted with the next Discharge Monitoring Report required to be submitted by 

Provision I. C. 1. of this permit after becoming aware of the occurrence of such noncompliance. 

 c. Any electronic report (or if acceptable to the Department a written report) required to be submitted 

to the Director by Provision I. C. 2 a. or b. shall be submitted using a copy of the Department’s 

Noncompliance Notification Form provided with this permit and shall include the following 

information: 

 (1) A description of the discharge and cause of noncompliance; 

 (2) The period of noncompliance, including exact dates and times or, if not corrected, the 

anticipated time the noncompliance is expected to continue; and 

 (3) A description of the steps taken and/or being taken to reduce or eliminate the 

noncomplying discharge and to prevent its recurrence. 

D. OTHER REPORTING AND NOTIFICATION REQUIREMENTS 

 1. Anticipated Noncompliance 

 The permittee shall give the Director written advance notice of any planned changes or other 

circumstances regarding a facility, which may result in noncompliance with permit requirements. This 

information must be submitted electronically unless acceptable to the Department to submit otherwise. 

 2. Termination of Discharge 

 The permittee shall notify the Director, in writing, when any point source discharges authorized by this 

permit have permanently ceased. This notification shall serve as sufficient cause for instituting 

procedures for termination of the permittees authority to discharge under this General Permit. 

 3. Updating Information 

 a. The permittee shall inform the Director of any change in the permittee's mailing address or 

telephone number or in the permittee's designation of a facility contact or office having the 

authority and responsibility to prevent and abate violations of the AWPCA, the Department's 

Rules and the terms and conditions of this permit, in writing, no later than ten (10) days after such 

change. Upon request of the Director or his designee, the permittee shall furnish the Director with 

an update of any information provided in the Notice of Intent. 
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 b. If the permittee becomes aware that it failed to submit any relevant facts in the Notice of Intent, or 

submitted incorrect information in the Notice of Intent; or in any report to the Director, it shall 

promptly submit such facts or information with a written explanation for the mistake and/or 

omission. This information must be submitted electronically unless acceptable to the Department 

to submit otherwise. 

 4. Duty to Provide Information 

 a. Any permittee shall furnish to the Director, within a reasonable time, any information which the 

Director or his designee may request to determine whether cause exists for suspending or 

revoking the permittee’s authorization to discharge under this General Permit, in whole or in part, 

or to determine compliance with this permit or to determine if the permittee should be required to 

apply for an individual permit. 

 b. Any or all permittees shall furnish to the Director, within a reasonable time, any information which 

the Director or his designee may request to determine whether cause exists for modifying or 

terminating this permit. 

 5. New or Increased Discharges 

If there is an increase in pollution potential of the discharges from the permittee’s facility the permittee 

must notify the Director in writing. The Director may at his discretion determine under Part II.F. of this 

permit what action if any will be taken. 

6. Cooling Water and Boiler Water Additives 

a. The permittee shall notify the Director in writing not later than sixty (60) days prior to instituting the use 

of any biocide corrosion inhibitor or chemical additive in a cooling or boiler system, not identified 

in the application for this permit, from which discharge is allowed by this permit. Such notification

shall include: 

(1) name and general composition of biocide or chemical, 

(2) 48-hour median tolerance limit data for organisms representative of the biota of the 

waterway into which the discharge will ultimately reach. For freshwater, the fathead 

minnow (pimephales promelas) and cladoceran (Ceriodaphnia dubia) are the required 

test organisms. For salt water, the organisms shall be mysid shrimp; and sheepshead 

minnow or inland silverside. 

(3) quantities to be used, 

(4) frequencies of use, 

(5) proposed discharge concentrations, and 

(6) EPA registration of number, if applicable. 

b. The use of a biocide or additive containing tributyl tin, tributyl tin oxide, zinc, chromium or related 

compounds in a cooling or boiler system(s), from which a discharge regulated by this permit 

occurs, is prohibited. The use of any additive not identified in this permit or in the application for 

this permit prior to a determination by the Department that permit modification controlling 

discharge of the additive is prohibited. 

E. SCHEDULE OF COMPLIANCE 

 1. The permittee shall achieve compliance with the discharge limitations specified in Provision I. A. in 

accordance with the following schedule: 

COMPLIANCE SHALL BE ACHIEVED 

ON THE EFFECTIVE DATE OF COVERAGE UNDER THIS PERMIT
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2. If required, no later than 14 calendar days following a date identified in the above schedule of compliance, 

the permittee shall submit either a report of progress or, in the case of specific actions being required by 

identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include 

the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled 

requirement. This information must be submitted electronically unless acceptable to the Department to

submit otherwise. 

PART II 

A. REQUIREMENTS FOR COVERAGE UNDER THIS GENERAL PERMIT 

1. Notice of Intent 

Any person wishing to be permitted to discharge under this General Permit shall submit a Notice of Intent 

to be covered by this General Permit at least 30 days prior to the date of desired coverage. No discharge 

authorized under this General Permit may commence until the discharger receives the Director’s 

acknowledgement of the Notice of Intent and approval of the coverage of the discharge by this General 

Permit. The Director’s acknowledgement shall include a copy of this General Permit and the appropriate

discharge monitoring report forms. The permittee must complete and submit all Departmental forms 

available electronically, including the E-NOI, unless the permittee submits in writing valid 

justification as to why the electronic submittal process cannot be utilized and the Department 

approves in writing utilization of hard copy submittals. Departmental forms are available on ADEM’s 

webpage at http://www.adem.state.al.us/DeptForms/ . 

Any person discharging to a municipal storm sewer, sanitary sewer or combination sewer must notify the

municipality by letter of the discharge. 

2. Content of Notice of Intent 

a. A description of the process generating the discharge for which coverage is desired. This 

description shall be in sufficient detail to allow the Director to determine that the discharge is 

included in the category permitted by this General Permit; 

b. The latitude and longitude of the discharge points for each discharge and the name of the 

waterbody receiving each discharge for which coverage under this General Permit is desired; and 

c. A contact person, address and phone number for the facility or activity to be covered under this 

General Permit; 

(1) A Notice of Intent shall be electronically signed (or if acceptable to the Department 

traditionally signed) by a person meeting the requirements for signatories to permit 

application under ADEM Administrative Code Rule 335-6-6-.09 and the person signing 

the Notice of Intent shall make the certification required for submission of documents 

under ADEM Administrative Code Rule 335-6-6.09. 

(2) Signatories to reports, discharge monitoring reports and any other submissions required 

by this General Permit shall be signed in accordance with the requirements of ADEM 

Administrative Code Rule 335-6-6.09. 

B. OPERATIONAL AND MANAGEMENT REQUIREMENTS 

1. Facilities Operation and Maintenance 

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and 

control (and related appurtenances) which are installed or used by the permittee to achieve compliance

with the conditions of the permit. Proper operation and maintenance includes effective performance, 
10 

adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, 

including appropriate quality assurance procedures. This provision requires the operation of backup or

auxiliary facilities only when necessary to achieve compliance with the conditions of the permit. 

2. Best Management Practices 

a. Dilution water shall not be added to achieve compliance with discharge limitations except when 

the Director or his designee has granted prior written authorization for dilution to meet water 

quality requirements. 

b. The permittee shall prepare, implement, and maintain a Spill Prevention, Control and 

Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112 if required thereby. 

c. The permittee shall prepare and implement a Best Management Practices (BMP) Plan according 

to Part IV of this permit. 

3. Spill Prevention, Control, and Management 

The permittee shall provide spill prevention, control, and/or management sufficient to prevent any spills of 

pollutants from entering a water of the state or a publicly or privately owned treatment works. Any 

containment system used to implement this requirement shall be constructed of materials compatible with 

the substance(s) contained and which shall prevent the contamination of groundwater and such 

containment system shall be capable of retaining a volume equal to 110 percent of the capacity of the 

largest tank for which containment is provided. 

C. OTHER RESPONSIBILITIES 

 1. Duty to Mitigate Adverse Impacts 

The permittee shall promptly take all reasonable steps to mitigate and minimize or prevent any adverse

impact on human health or the environment resulting from noncompliance with any discharge limitation of 

this permit, including such accelerated or additional monitoring of the discharge and/or the receiving

waterbody as necessary to determine the nature and impact of the noncomplying discharge. 

 2. Right of Entry and Inspection 

The permittee shall allow the Director, or an authorized representative, upon the presentation of proper 

identification to: 

 a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, 

or where records must be kept under the conditions of the permit; 

 b. Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of the permit; 

 c. Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under the permit; and 

 d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the AWPCA, any substances or parameters at any location. 

D. BYPASS AND UPSET 

 1. Bypass 

 a. Any bypass is prohibited except as provided in b. and c. below: 

 b. A bypass is not prohibited if: 

 (1) It does not cause any discharge limitation specified in Provision I. A. of this permit to be 

exceeded; 
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 (2) It is necessary for essential maintenance of a treatment or control facility or system to 

assure efficient operation of such facility or system; or 

 (3) It is part of the storm water control system when the intention of the design, as approved 

by the Director, is to contain the first flush only. 

 c. A bypass is not prohibited and need not meet the discharge limitations specified in Provision I. A. 

of this permit if: 

 (1) It is unavoidable to prevent loss of life, personal injury, or severe property damage; 

 (2) There are no feasible alternatives to the bypass, such as the use of auxiliary treatment 

facilities, retention of untreated wastes, or maintenance during normal periods of 

equipment downtime (this condition is not satisfied if adequate back-up equipment should 

have been installed in the exercise of reasonable engineering judgement to prevent a 

bypass which occurred during normal periods of equipment downtime or preventive 

maintenance); and 

 (3) The permittee submits a written request for authorization to bypass to the Director at 

least ten (10) days prior to the anticipated bypass (if possible), the permittee is granted 

such authorization, and the permittee complies with any conditions imposed by the 

Director to minimize any adverse impact on human health or the environment resulting 

from the bypass. This request must be submitted electronically unless acceptable to the 

Department to submit otherwise. 

 d. The permittee has the burden of establishing that each of the conditions of Provision II. D. 1. b. or 

c. have been met to qualify for an exception to the general prohibition against bypassing 

contained in a. and an exemption, where applicable, from the discharge limitations specified in 

Provision I. A. of this permit. 

 2. Upset 

 a. A discharge which results from an upset need not meet the discharge limitations specified in 

Provision I. A. of this permit if: 

 (1) No later than 24-hours after becoming aware of the occurrence of the upset, the 

permittee orally reports the occurrence and circumstances of the upset to the Director or 

his designee; and 

 (2) No later than five (5) days after becoming aware of the occurrence of the upset, the 

permittee furnishes the Director with evidence, including properly signed, 

contemporaneous operating logs, or other relevant evidence, demonstrating that (i) an 

upset occurred; (ii) the permittee can identify the specific cause(s) of the upset; (iii) the 

permittee's facility was being properly operated at the time of the upset; and (iv) the 

permittee promptly took all reasonable steps to minimize any adverse impact on human 

health or the environment resulting from the upset.

 b. The permittee has the burden of establishing that each of the conditions of Provision II. D. 2. a. 

of this permit have been met to qualify for an exemption from the discharge limitations specified in 

Provision I. A. of this permit. 

E. DUTY TO COMPLY WITH PERMIT, RULES, AND STATUTES 

 1. Duty to Comply 

 a. The permittee must comply with all conditions of this permit. Any permit noncompliance 

constitutes a violation of the AWPCA and the FWPCA and is grounds for: enforcement action, 

termination, or suspension of authorization under this permit; denial of a permit renewal 

application; a requirement that permittee submit an application for an individual NPDES permit. 
12 

 b. The necessity to halt or reduce production or other activities in order to maintain compliance with 

the conditions of the permit shall not be a defense for a permittee in an enforcement action. 

 c. The discharge of a pollutant from a source not specifically identified in the Notice of Intent to be 

covered under this General Permit and not specifically included in the description of an outfall in 

this permit is not authorized and shall constitute noncompliance with this permit. 

 d. The permittee shall take all reasonable steps, including cessation of production or other activities, 

to minimize or prevent any violation of this permit or to minimize or prevent any adverse impact of 

any permit violation. 

 2. Removed Substances 

 Solids, sludges, filter backwash, or any other pollutant or other waste removed in the course of treatment 

or control of storm water and/or process water shall be disposed of in a manner that complies with all

applicable Department Rules. 

 3. Loss or Failure of Treatment Facilities 

 Upon the loss or failure of any treatment facility, including but not limited to the loss or failure of the 

primary source of power of the treatment facility, the permittee shall, where necessary to maintain 

compliance with the discharge limitations specified in Provision I. A. of this permit, or any other terms or 

conditions of this permit, cease, reduce, or otherwise control production and/or all discharges until 

treatment is restored. 

 4. Compliance With Statutes and Rules 

 a. This permit has been issued under ADEM Administrative Code, Chapter 335-6-6. All provisions of 

this chapter, that are applicable to this permit, are hereby made a part of this permit. A copy of 

this chapter may be obtained for a small charge from the Office of General Counsel, Alabama 

Department of Environmental Management, 1400 Coliseum Boulevard, Montgomery, AL 36110. 

 b. This permit does not authorize the noncompliance with or violation of any Laws of the State of 

Alabama or the United States of America or any regulations or rules implementing such laws. 

FWPCA, 33 U.S.C. Section 1319, and Code of Alabama 1975, Section 22-22-14. 

F. PERMIT TRANSFER, MODIFICATION, SUSPENSION, REVOCATION, REISSUANCE, AND TERMINATION 

 1. Duty to Reapply or Notify of Intent to Cease Discharge 

 a. The permittee authorized to discharge under this General Permit, who wishes to continue to 

discharge upon the expiration of this permit, shall submit an E-NOI or Renewal Notice of Intent to 

be covered by the reissued General Permit. Such Notice of Intent shall be submitted at least 90 

days prior to the expiration date of this General Permit. 

 b. Failure of the permittee to submit a Notice of Intent for reauthorization under this permit at least 

90 days prior to the permit’s expiration will void the automatic continuation of the authorization to 

discharge under this permit as provided by ADEM Administrative Code Rule 335-6-6-.06. Should 

the permit not be reissued for any reason prior to its expiration date, permittees who failed to 

meet the 90-day submittal deadline will be illegally discharging without a permit after the 

expiration date of the permit. 

2. Change in Discharge 

a. The permittee shall give notice to the Director at least 180 days in advance of any facility 

expansion, production increase, process change, or other action that could result in: 

(1) The discharge of additional pollutants; 
13 

(2) The increase in the quantity of any discharge such that existing permit limitations would 

be exceeded; 

(3) Or that could result in an additional discharge point. 

This requirement applies to pollutants that are or that are not subject to discharge limitations in 

this permit. No new or increased discharge may begin until the Director has reviewed the 

information and taken appropriate action to authorize the discharge under this General Permit, or 

until such time as an appropriate action has been taken to authorize the discharge under an 

individual permit. 

b. The permittee shall notify the Director as soon as it is known or there is reason to believe: 

(1) That any activity has occurred or will occur which would result in the discharge on a 

routine or frequent basis, of any toxic pollutant which is not limited in this permit, if that 

discharge will exceed the highest of the following notification levels: 

(a) One hundred micrograms per liter; 

(b) Two hundred micrograms per liter for acrolein and acrylonitrile; five hundred 

micrograms per liter for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and 

one milligram per liter for antimony; 

(c) Five times the maximum concentration value reported for that pollutant in the 

permit application; or 

(2) That any activity has occurred or will occur which would result in any discharge, on a 

non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if 

that discharge will exceed the highest of the following notification levels: 

(a) Five hundred micrograms per liter; 

(b) One milligram per liter for antimony; 

(c) Ten times the maximum concentration value reported for that pollutant in the 

permit application. 

3. Transfer of Permit 

This permit may not be transferred or the name of the permittee changed without notice to the Director

and subsequent modification or revocation and reissuance of the permit to identify the new permittee and 

to incorporate any other changes as may be required under the FWPCA or AWPCA. In the case of a 

change in name, ownership or control of the permittee’s premises only, a request for permit modification 

in a format acceptable to the Director is required at least 30 days prior to the change. In the case of a 

change in name, ownership or control of the permittee’s premises accompanied by a change or proposed 

change in effluent characteristics, a complete permit application is required to be submitted to the Director 

at least 180 days prior to the change. Whenever the Director is notified of a change in name, ownership 

or control, he may decide not to modify the existing permit and require the submission of a new permit

application. 

4. Permit Modification, Revocation and Reissuance (of modified General or Individual), and Termination

a. During the term of this General Permit the Director may, for cause, and subject to the public 

notice procedure of ADEM Administrative Code, Rule 335-6-6-.21, modify or revoke and reissue 

this General Permit, or terminate it and require all those authorized under it to apply for individual

NPDES permits. The causes for this action include but are not limited to the causes listed below: 

(1) There are material and substantial alterations or additions to the facility or activity 

generating the discharges which occurred after permit issuance which justify the 

application of permit conditions that are different or absent in the existing permit; 
14 

(2) When the Director receives any information that was not available at the time of permit 

issuance and that would have justified the application of different permit conditions at the 

time of issuance; 

(3) When the standards or regulations on which the permit was based have been changed 

by promulgation of amended standards or regulations or by judicial decision after the 

permit was issued; 

(4) Upon the failure of the state to notify, as required by Section 402(b)(3) of the FWPCA, 

another state whose waters may be affected by a discharge; 

(5) When the level of discharge of any pollutant which is not limited in the permit exceeds the 

level which can be achieved by the technology based treatment requirements appropriate 

to discharge under 40 CFR 125.3(c); 

(6) To correct technical mistakes, such as errors in calculation, clerical errors or mistaken 

interpretations of law made in determining permit conditions; 

(7) If the permit limitations are found not to be protective of water quality standards; 

(8) To incorporate an applicable 307(a) FWPCA toxic effluent standard or prohibition; 

(9) When required by the reopener conditions in this permit, and 

(10) For any applicable cause set forth in ADEM Administrative Code Rule 335-6-6-.17. 

b. Subject to the public notice procedures of ADEM Administrative Code Rule 335-6-6-.21, the 

Director may terminate this General Permit during its term for any of the causes for modification 

listed in Part II.F.4.a. 

c. The Director may terminate authorization to discharge under this General Permit for cause. 

Cause shall include but not be limited to: 

(1) Noncompliance with the permit; 

(2) Noncompliance with Department Rules; 

(3) A finding that this General Permit does not control the discharges sufficiently to protect 

water quality or comply with treatment based limits applicable to the discharge; 

(4) The permittee’s misrepresentation or failure to disclose fully all relevant facts in the 

permit application or during the permit issuance process or the permittee’s 

misrepresentation of any relevant facts at any time; 

(5) Materially false or inaccurate statements or information in the permit application or the 

permit; 

(6) A change in any condition that requires either a temporary or permanent reduction or 

elimination of the permitted discharge; 

(7) The permittee’s discharge threatens human life or welfare; 

(8) Permanent closure of the facility generating the wastewater permitted to be discharged 

by this permit or permanent cessation of wastewater discharge; and 

(9) New or revised requirements of any applicable standard or limitation that is promulgated 

under Sections 301(b)(2)(C),(D),(E),and (F), and 307(a)(2) of the FWPCA that the 

Director determines cannot be complied with by the permittee. 

d. If the permittee believes that any past or planned activity would be cause for modification or 

revocation and reissuance of this General Permit under ADEM Administrative Code Rule 335-6-
15 

6-.23 (7), or termination and issuance of an individual permit under ADEM Administrative Code 

Rule 335-6-6-.23 (9) the permittee must report such information to the Permit Issuing Authority. 

The submittal of a new application may be required of the permittee. The filing of a request by the 

permittee for a permit modification, revocation and reissuance, or termination, or a notification of 

planned change, anticipated noncompliance or application for an individual permit, does not stay 

any permit condition. 

5. Issuance by the Director of an Individual NPDES Permit to a Person Eligible for Coverage or Covered by 

This General Permit. 

a. The Director may require any person, otherwise eligible for coverage under this General Permit, 

to apply for an individual NPDES permit by notifying that person that an application is required. 

Notification shall consist of a written description of the reason(s) for the decision, appropriate 

permit application forms and directions, a statement informing the person that upon issuance of 

the individual permit coverage by this General permit shall automatically terminate. Reasons for 

this requirement may be: 

(1) Noncompliance with the General Permit; 

(2) Noncompliance with Department Rules; 

(3) A change has occurred in the availability of demonstrated technology or practices for the 

control or abatement of pollutants applicable to the wastewater being discharged; 

(4) Effluent guidelines are promulgated for a point source(s) covered by the General Permit; 

(5) A water quality management plan applicable to the wastewater being discharged under 

this General Permit; 

(6) Circumstances have changed since the time of the request to be covered so that the 

discharger is no longer appropriately controlled under this General Permit or either a 

temporary reduction or permanent reduction or elimination of the authorized discharge is 

necessary; 

(7) Standards for sewage sludge use or disposal have been promulgated for the sludge use 

or disposal practice covered by this General Permit; 

(8) The discharge(s) is a significant contributor of pollutants. In making this decision the 

Director may consider: 

(i) the location of the discharges with respect to waters of the state, 

(ii) the size of the discharger, and 

(iii) the quantity and nature of the pollutants discharged to waters of the state. 

(9) A determination that the water of the state receiving the discharge is not meeting 

applicable water quality standards. 

6. Request for an Individual NPDES Permit by a Person Covered Under This General Permit. 

a. Any person covered by this General Permit may apply for termination of coverage by applying for 

an individual NPDES permit. 

b. A permit application submitted voluntarily or at the direction of the Director for the purpose of 

termination of coverage by this General Permit shall be processed in accordance with the rules 

found in ADEM Administrative Code 335-6-6 applicable to individual permits. 

c. Any person may petition the Director for withdrawal of this General Permit authority from a 

discharger. The Director shall consider the information submitted by the petitioner and any other 

information he may be aware of and may obtain additional information from the discharger and 
16 

through inspections by Department staff and shall decide if coverage should be withdrawn. The 

petitioner shall be informed of the Director’s decision and shall be provided a summary of the 

information considered. 

7. Request for Permit Action Does Not Stay Any Permit Requirement 

The filing of a request by the permittee for any permit action such as termination, or application for

individual permit or any other action, does not stay any permit term or condition. 

G. COMPLIANCE WITH TOXIC POLLUTANT STANDARD OR PROHIBITION 

 If any applicable effluent standard or prohibition (including any schedule of compliance specified in such effluent 

standard or prohibition) is established under Section 307(a) of the FWPCA, 33 U.S.C. Section 1317(a), for a toxic 

pollutant discharged by the permittee and such standard or prohibition is more stringent than any discharge 

limitation on the pollutant specified in Provision I. A. of this permit, or controls a pollutant not limited in Provision I. 

A. of this permit, this permit shall be modified to conform to the toxic pollutant effluent standard or prohibition and 

the permittee shall be notified of such modification. If this permit has not been modified to conform to the toxic 

pollutant effluent standard or prohibition before the effective date of such standard or prohibition, the permittee 

shall attain compliance with the requirements of the standard or prohibition within the time period required by the 

standard or prohibition and shall continue to comply with the standard or prohibition until this permit is modified or 

reissued. 

H. DISCHARGE OF WASTEWATER GENERATED BY OTHERS 

 The discharge of wastewater, generated by any process, facility, or by any other means not under the operational 

control of the permittee or not identified in the application for this permit or not identified specifically in the 

description of an outfall in this permit is not authorized by this permit. 

PART III 

A. CIVIL AND CRIMINAL LIABILITY

 1. Tampering 

 Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method 

required to be maintained or performed under the permit shall, upon conviction, be subject to penalties as 

provided by the AWPCA. 

 2. False Statements 

 Any person who knowingly makes any false statement, representation, or certification in any record or

other document submitted or required to be maintained under this permit, including monitoring reports or 

reports of compliance or noncompliance shall, upon conviction, be subject to penalties as provided by the 

AWPCA. 

 3. Permit Enforcement 

 a. Any NPDES permit issued or reissued by the Department is a permit for the purpose of the 

AWPCA and the FWPCA and as such any terms, conditions, or limitations of the permit are 

enforceable under state and federal law and as described under Rule 335-6-6-.18. 

 b. Any person required to have a NPDES permit pursuant to ADEM Administrative Code Chapter 

335-6-6 and who discharges pollutants without said permit, who violates the conditions of said 

permit, who discharges pollutants in a manner not authorized by the permit, or who violates 

applicable orders of the Department or any applicable rule or standard of the Department, is 

subject to any one or a combination of the following enforcement actions under applicable state 

statutes. 
17 

 (1) An administrative order requiring abatement, compliance, mitigation, cessation, clean-up, 

and/or penalties; 

 (2) An action for damages; 

 (3) An action for injunctive relief; or 

 (4) An action for penalties. 

 4. Relief From Liability 

 Except as provided in Provision II. D. 1. (Bypass) and Provision II. D. 2. (Upset), nothing in this permit 

shall be construed to relieve the permittee of civil or criminal liability under the AWPCA or FWPCA for 

noncompliance with any term or condition of this permit. 

B. OIL AND HAZARDOUS SUBSTANCE LIABILITY

 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from 

any responsibilities, liabilities or penalties to which the permittee is or may be subject under Section 311 of the 

FWPCA, 33 U.S.C. Section 1321. 

C. PROPERTY AND OTHER RIGHTS

 This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor 

does it authorize any injury to persons or property or invasion of other private rights, or any infringement of 

federal, state, or local laws or regulations, nor does it authorize or approve the construction of any physical 

structures or facilities or the undertaking of any work in any waters of the state or of the United States. 

D. AVAILABILITY OF REPORTS

 Except for data determined to be confidential under Code of Alabama 1975, Section 22-22-9(c), all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the 

Department. Effluent data shall not be considered confidential. 

E. COMPLIANCE WITH WATER QUALITY STANDARDS 

 1. The permittee may be required by the Director to apply for an individual permit, if the Director determines 

that discharge under this General Permit causes a violation of a water quality standard or stream use 

classification. 

 2. Compliance with permit terms and conditions notwithstanding, if the permittee's discharge(s) from point 

sources identified in Provision I. A. of this permit cause or contribute to a condition in contravention of 

state water quality standards, the Department may require the permittee to take abatement action or 

apply for an individual permit pursuant to the Department's Rules, or both. 

 3. If the Department determines, on the basis of a notice provided pursuant to this permit or any investigation, 

inspection or sampling, that a modification of this permit is necessary to assure maintenance of water

quality standards or compliance with other provisions of the AWPCA or FWPCA, the Department may 

require such modification. 

F. GROUNDWATER 

 Unless specifically authorized by a permit issued by the Department, the discharge of pollutants to groundwater is 

prohibited. Should a threat of groundwater contamination occur, the Director may require groundwater monitoring 

to properly assess the degree of the problem and the Director may require that the permittee undertake measures 

to abate any such discharge and/or contamination. 

G. DEFINITIONS
18 

 1. Authorization – means granted the privilege of discharging under the terms of this General Permit.

2. Average monthly discharge limitation - means the highest allowable average of "daily discharges" over a 

calendar month, calculated as the sum of all "daily discharges" measured during a calendar month 

divided by the number of "daily discharges" measured during that month (zero discharge days shall not 

be included in the number of "daily discharges" measured and a less than detectable test result shall be 

treated as a concentration of zero if the most sensitive EPA approved method was used). 

3. Average weekly discharge limitation - means the highest allowable average of "daily discharges" over a 

calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided

by the number of "daily discharges" measured during that week (zero discharge days shall not be 

included in the number of "daily discharges" measured and a less than detectable test result shall be 

treated as a concentration of zero if the most sensitive EPA approved method was used). 

 4. AWPCA - means the Alabama Water Pollution Control Act. 

 5. Bypass - means the intentional diversion of waste streams from any portion of a treatment facility. 

 6. Daily discharge - means the discharge of a pollutant measured during any consecutive 24 hour period in 

accordance with the sample type and analytical methodology specified by the discharge permit. 

 7. Daily maximum - means the highest value of any individual sample result obtained during a day. 

 8. Daily minimum - means the lowest value of any individual sample result obtained during a day. 

 9. Day - means any consecutive 24-hour period. 

 10. Department - means the Alabama Department of Environmental Management. 

 11. Director - means the Director of the Department. 

 12. Discharge - means "[t]he addition, introduction, leaking, spilling or emitting of any sewage, industrial 

waste, pollutant or other wastes into waters of the state". Code of Alabama 1975, Section 22-22-1(b)(8). 

 13. Discharge monitoring report (DMR) - means the form approved by the Director to accomplish reporting 

requirements of an NPDES permit. 

 14. EPA - means the United States Environmental Protection Agency. 

 15. FWPCA - means the Federal Water Pollution Control Act. 

16. Notice of Intent – means forms and additional information that are required by ADEM Administrative Code 

Rule 335-6-6-.23 and applicable permit fees. 

17. Permit application - means forms and additional information that is required by ADEM Administrative 

Code Rule 335-6-6-.08 and applicable permit fees. 

 18. Point source - means "any discernible, confined and discrete conveyance, including but not limited to any 

pipe, channel, ditch, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged."

Section 502(14) of the FWPCA, 33 U.S.C. Section 1362(14). 

 19. Pollutant - includes for purposes of this permit, but is not limited to, those pollutants specified in 

Code of Alabama 1975, Section 22-22-1(b)(3) and those effluent characteristics specified in Provision I. 

A. of this permit. 

 20. Severe property damage - means substantial physical damage to property, damage to the treatment 

facilities which causes them to become inoperable, or substantial and permanent loss of natural 

resources which can reasonably be expected to occur in the absence of a bypass. Severe property 

damage does not mean economic loss caused by delays in production. 
19 

21. Shock chlorination – means the periodic use of chlorine in cooling water systems as a biocide. 

22. Upset - means an exceptional incident in which there is an unintentional and temporary noncompliance 

with technology-based permit discharge limitations because of factors beyond the reasonable control of

the permittee. An upset does not include noncompliance to the extent caused by operational error, 

improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, 

or careless or improper operation. 

23. Waters - means "[a]ll waters of any river, stream, watercourse, pond, lake, coastal, ground or surface 

water, wholly or partially within the state, natural or artificial. This does not include waters which are 

entirely confined and retained completely upon the property of a single individual, partnership or 

corporation unless such waters are used in interstate commerce." Code of Alabama 1975, Section 22-22-

1(b)(2). Waters "include all navigable waters" as defined in Section 502(7) of the FWPCA, 22 U.S.C. 

Section 1362(7), which are within the State of Alabama. 

24. Week - means the period beginning at twelve midnight Saturday and ending at twelve midnight the 

following Saturday. 

H. SEVERABILITY

 The provisions of this permit are severable, and if any provision of this permit or the application of any provision of 

this permit to any circumstance is held invalid, the application of such provision to other circumstances, and the 

remainder of this permit, shall not be affected thereby. 

PART IV 

A. BEST MANAGEMENT PRACTICES (BMP) PLAN 

1. Plan Content. The permittee shall prepare and implement a Best Management Practices (BMP) plan which 

shall: 

a. Provide control sufficient to prevent or control pollution of storm water by particles to the degree 

required to maintain compliance with this permit and water quality standards. Erosion control 

should also be addressed. 

b. Prevent the spillage or loss of any fluids, oil, grease, gasoline, etc. and thereby prevent the 

contamination of storm water from these substances;

c. Prevent or minimize storm water contact with residual washdown water; 

d. Prevent or minimize storm water contact with any other pollutants present at the permittees 

facility; 

e. Designate by position or name the person or persons responsible for the day to day 

implementation of the BMP; 

f. Provide for, at a minimum, two inspections a week, on workdays, of any structures that function to 

prevent storm water pollution or to remove pollutants from storm water and of the facility in 

general to ensure that the BMP is continually implemented and effective; 

g. Include a diagram of the facility showing the direction of the storm water flow, the discharge 

point(s), and the locations of any structures or other mechanisms intended to prevent pollution of 

storm water or to remove pollutants from storm water. The site map should also identify the 

location, size, and contents of any tanks. 
20 

h. Bear the signature of the plant manager or corporate official. 

2. Compliance Schedule: The permittee shall prepare and fully implement the BMP no later than the date 

coverage is granted. 

3. Department Review

a. When requested by the Director or his designee, the permittee shall make the BMP available for 

Department review. 

b. The Director or his designee may notify the permittee at any time that the BMP is deficient and 

require correction of the deficiency. 

c. The permittee shall correct any BMP deficiency identified by the Director or his designee within 

30 days of receipt of notification and shall certify to the Department that the correction has been 

made and implemented. 

4. Administrative Procedures

a. A copy of the BMP shall be maintained at the facility and shall be available for inspection by 

representatives of the Department. 

b. A log of the inspections required by Part IV.A. of this permit shall be maintained at the facility and 

shall be available for inspection by representatives of the Department. The log shall contain 

records of all inspections performed and any corrective actions taken for the last three years and 

each entry shall be signed by the person performing the inspection. 

c. The permittee shall provide training for any personnel required to implement the BMP and shall 

retain documentation of such training at the facility. This documentation shall be available for 

inspection by representatives of the Department. Training shall be performed prior to the date that 

implementation of the BMP is required. 

B. DISCHARGE(S) TO IMPAIRED WATERS REQUIREMENTS 

1. Requirements Applicable to a Facility Eligible for Coverage, or Covered, under this Permit with 

Discharge(s) to 303(d) Listed Waters 

This permit does not authorize new sources or new dischargers of pollutants of concern to impaired 

waters unless consistent with an EPA-approved or EPA-established Total Maximum Daily Load (TMDL) 

and applicable State law. Impaired waters are those that do not meet applicable water quality standards 

and are identified by an EPA-approved or EPA-established TMDL and/or on the State of Alabama’s 

303(d) list. Pollutants of concern are those pollutants for which the water body is listed as impaired and 

which contribute to the listed impairment. 

a. The facility eligible for coverage, or covered, under this permit must determine whether its 

discharge(s) contributes directly or indirectly to a waterbody that is included on the latest 303(d) 

list or otherwise designated by the Department as impaired or is included in an EPA-approved or 

EPA-established TMDL. If the facility has discharges meeting this criterion, it must comply with 

Part IV.B., if its discharge does not meet this criterion, Part IV.B. does not apply to the facility. 

b. Facilities that discharge into a receiving water which is listed on the State of Alabama’s 303(d) list 

of impaired waters, and with discharges that contain the pollutant(s) for which the waterbody is 

impaired, must by April 30th of the following year or within 6 months of such approval of the 

303(d) list or applicable TMDL or establishment of TMDL by EPA (whichever is longer), document 

in its BMP plan how the BMPs will control the discharge of the pollutant(s) of concern, and must 

ensure that there will be no increase of the pollutants of concern. A monitoring plan to assess the 

effectiveness of the BMPs in achieving the allocations must also be included in the BMP plan. 
21 

c. If the facility discharges to a waterbody described above, it must also determine whether a total 

maximum daily load (TMDL) has been developed and approved or established by EPA for the 

listed waterbody. If a TMDL is approved or established during this permit cycle by USEPA for 

any waterbody into which the facility discharges, the facility must review the applicable TMDL to 

see if it includes requirements for control of storm water discharges. By April 30th of the following 

year or within 6 months of such approval of the 303(d) list or applicable TMDL or establishment of 

TMDL by EPA (whichever is longer), the facility must notify the Department on how it will modify 

its BMP plan to include best management practices specifically targeted to achieve the 

allocations prescribed by the TMDL. Revised BMP plans must be submitted to the Department for 

review. The facility must include a monitoring component in the BMP plan to assess the 

effectiveness of the BMPs in achieving the allocations. If the facility cannot ensure its discharges

will not cause or contribute to impairment, then the facility must apply for and obtain permit 

coverage under an individual permit. 

2. Requirements Applicable to a Facility Eligible for Coverage, or Covered, under this Permit with 

Discharges into Waters with EPA-Approved or EPA-Established TMDLs 

a. The facility must determine whether the EPA-approved or EPA-Established TMDL is for a 

pollutant likely to be found in discharges from its facility. 

b. The facility must determine whether the TMDL includes a pollutant allocation or other performance 

requirements specifically for discharges from its facility. 

c. If, after the determinations above have been made and if it is determined that the facility must 

implement specific allocations provisions of the TMDL, then the facility must assess whether the 

allocations are being met through implementation of existing control measures or if additional control

measures are necessary. 

d. The facility must document all control measures currently being implemented or planned to be 

implemented, to include a schedule of implementation for all planned controls, and must document 

calculations or other evidence showing that the allocations will be met. Revised BMP plans must be 

submitted to the Department for review. 

e. If a TMDL contains requirements for control of pollutants from the facility’s discharges, then the 

BMP plan must include BMPs specifically targeted to achieve the allocations prescribed by the 

TMDL. A monitoring plan to assess the effectiveness of the BMPs in achieving the allocations 

must also be included in the BMP plan. Implementation of the monitoring plan in accordance with 

Part IV.C.2 will determine whether the controls are adequate to meet the TMDL allocations. If the 

facility cannot comply with the requirements of the TMDL, then the facility must apply for and 

obtain permit coverage under an individual permit. 

f. If the evaluation shows that additional or modified controls are necessary, the facility must 

describe the type and schedule for the control additions/revisions in the BMP plan. The facility 

must also continue Paragraphs IV.B.2.d.-f. until two continuous monitoring cycles, as defined in 

the monitoring plan in accordance with Part IV.B. 2., show that the TMDL allocations are being 

met or that water quality (WQ) standards are being met. 

3. Requirements for New or Revised BMP Plans 

New or revised BMP plans developed in accordance with Parts IV.B.1 and IV.B.2 above must be 

submitted to the Department for review by April 30th of the year following EPA approval of the 303(d) list 

or EPA establishment/approval of applicable TMDL or within 6 months of such approval of the 303(d) list 

or applicable TMDL or establishment of TMDL by EPA (whichever is longer). 
22 

C. COOLING WATER INTAKE STRUCTURES (CWIS) REQUIREMENTS

For new, not subject to Phase I, or existing facilities, not subject to Phase III rules, an initial determination of BTA 

will be made for the facility CWIS during the permit coverage renewal process. In each case, one of the below 

findings will be determined for the CWIS and appropriate requirements established as a part of permit coverage. 

 1. Cooling Water Intake Requirements – No Additional Cooling Water Intake Structures (CWIS) Information 

Needed for Subsequent Best Technology Available (BTA) Determination 

a. The cooling water intake structure used by the permittee has been evaluated using available 

information. At this time, the Department has determined that the cooling water intake structure 

represents the best technology available (BTA) to minimize adverse environmental impact in 

accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326). 

b. The permittee shall submit the following information no later than thirteen (13) months after the 

effective coverage date for the source. The information will be evaluated to determine 

compliance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326) with the 

subsequent permit renewal. 

The data submitted shall include (1) the design intake flow of the CWIS, (2) the percentage of 

intake flow used for cooling purposes, (3) the through screen design intake flow velocity, (4) any 

impingement and entrainment data based on the operation of the facility’s CWIS, collected since 

the effective date of this NPDES permit, and (5) a detailed description of any changes in the 

operation of the CWIS, or changes in the type of technologies used at the CWIS such as screens 

or other technologies affecting the rates of impingement and/or entrainment of fish and shellfish, 

(6) an estimate of the intake flow reduction at the facility based upon the use of a 100 percent (or 

some lesser percentage) closed-cycle re-circulating cooling water system compared to a 

conventional once-through cooling water system. 

 

c. The permittee is required to operate and maintain the CWIS in a manner that minimizes 

impingement and entrainment levels. Documentation detailing the steps that have and are being 

taken to minimize the impingement and entrainment levels shall be maintained on-site and made 

available upon request during inspections.

2. Cooling Water Intake Requirements – Existing BTA Determination Based Upon Limited or Uncertain 

Information 

a. The cooling water intake structure used by the permittee has been evaluated using available 

information. At this time, the Department has determined that the cooling water intake structure 

represents the best technology available (BTA) to minimize adverse environmental impact in 

accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. Section 1326). 

b. The permittee shall submit the following information no later than thirteen (13) months after the 

effective coverage date for the source. The information shall be submitted to the Department’s 

Industrial /Municipal Branch and will be evaluated to determine compliance with Section 316(b) of 

the federal Clean Water Act (33 U.S.C. Section 1326). 

The data submitted shall include: 

(1) Cooling Water Intake Structure Information: 

i. Description of all screens installed at the intake, including the size of the screen 

openings; 

ii. Description of all technologies and operational measures used to reduce 

impingement and entrainment. Appropriate technologies include, but are not 

limited to increased opening to CWIS, fixed screens, velocity caps, seasonal 

shutdowns, reductions in flow, continuous operations of screens, etc; 

iii. Estimation of the through-screen design intake flow velocity; and, 

iv. Description of the operation of the intake structure, including daily hours of 

operation, the number of days during the year in operation, and any seasonal 

changes in operation. 
23 

(2) Cooling Water System Information: 

i. Estimation of the intake flow reduction at the facility based upon the use of a 

100 percent (or some lesser percentage) closed-cycle re-circulating cooling 

water system compared to a conventional once-through cooling water system. 

If the facility utilizes a conventional once-through cooling system, the flow 

reduction percentage is zero. If the facility utilizes a 100 percent closed-cycle 

re-circulating cooling water system, the flow reduction percentage is 100; 

ii. Estimation of the percentage of water withdrawn through the intake which is 

 used for cooling purposes; and, 

iii. Estimation of the number of days of the year during which the cooling water 

system is in operation and identification of any seasonal changes in operation, 

including when these changes occur. 

(3) Existing Facilities Only—Impingement (and entrainment, if applicable): 

i. The permittee shall submit any available impingement and entrainment 

sampling data for the cooling water intake structure. 

ii. If it is determined by the Department that impingement/entrainment is not being 

minimized at this facility or there are threatened and/or endangered species 

within the intake’s area of influence, and the information in C.2.b.(3)(i) is not 

available, the Department may require the permittee to conduct impingement 

and entrainment sampling at the facility’s intake structure. The sampling, if so 

required, shall be conducted at times and frequencies which will allow the 

results to be representative of the operation of the intake structure 

(4) Source Water Data: If it is determined by the Department that impingement/entrainment 

is not being minimized at the facility, and in the absence of any biological data 

for the source water: 

i. The permittee shall submit source water physical data as required under 40 

CFR 122.21(r)(2). 

ii. The permittee shall submit source water biological characterization data as 

required under 40 CFR 122.21(r)(4). 

c. The permittee is required to operate and maintain the CWIS in a manner that minimizes 

impingement and entrainment levels. Documentation detailing the steps that have and are being 

taken to minimize the impingement and entrainment levels shall be maintained on-site and made 

available upon request during inspections. 

 d. If after review of the submitted data, it is determined that the permittee does not meet BTA, then 

the permittee will be required to apply for coverage under an Individual Permit. 

3. Cooling Water Intake Requirements – Facilities Obtaining Cooling Water from Another Entity 

a. If an entity provides water to the permittee which is used for cooling by means of a surface water 

intake, the intake structure operated by the entity must be determined to represent the best 

technology available (BTA) to minimize adverse environmental impact in accordance with Section 

316(b) of the federal Clean Water Act (33 U.S.C. section 1326). 

b. If the entity providing water to the permittee is a public water system in accordance with Section 1401 

of the Safe Water Drinking Act or the water used for cooling consists of treated effluent which would 

otherwise be discharged, the permittee is exempt from the requirements of this permit condition.