Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-7 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) BEST MANAGEMENT PRACTICES, REGISTRATION REQUIREMENTS, TECHNICAL STANDARDS AND GUIDELINES, CONSTRUCTION AND OPERATION REQUIREMENTS, WASTE/WASTEWATER AND WASTE PRODUCT TREATMENT, STORAGE, HANDLING, TRANSPORT, AND DISPOSAL/LAND APPLICATION, NUTRIENT MANAGEMENT, AND ANIMAL MORTALITY MANAGEMENT REQUIREMENTS FOR OWNERS AND OPERATORS OF ANIMAL FEEDING OPERATIONS (AFOS) AND CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS) › Section 335-6-7-.06 - Compliance With NPDES Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Approval of Registration under this Chapter constitutes NPDES permit coverage
				as provided in Chapter 335-6-6. Unless specifically provided otherwise by this
				Chapter, Registrants shall comply with all provisions of this Chapter and the
				NPDES permit program as described in Chapter 335-6-6.
(2) Any noncompliance with this Chapter
				constitutes a violation of this Chapter and NPDES rules and may constitute a
				violation of the CWA and the AWPCA and is grounds for enforcement action and/or
				for requiring the owner/operator or registrant to apply for and obtain an
				Individual NPDES permit.
(3) It
				shall not be a defense for an owner/operator in an enforcement action that it
				would have been necessary to halt or reduce the permitted activity in order to
				maintain compliance with the conditions of this Chapter. Upon reduction, loss,
				or failure of the treatment facility, the owner/operator shall, to the extent
				necessary to maintain compliance with this Chapter, control production or
				discharge or both until the facility is restored or an effective alternative
				method of treatment is provided.
(4) The owner/operator shall take all
				reasonable steps to prevent and minimize to the maximum extent practicable any
				discharge in violation of this Chapter which has a reasonable likelihood of
				adversely affecting human health or the environment and/or the groundwater or
				surface water receiving the discharge(s).
(5) In accordance with the provisions of
				40 CFR
				123.1(i), states may adopt
				and enforce Rules which are more stringent than those required for NPDES
				delegation, or operate a program with a greater scope of coverage than required
				by federal law and an owner/operator shall comply with such State Rules. This
				includes any requirements to prohibit discharge from all AFOs regardless of the
				number of animals being confined, stabled, or concentrated and fed. This
				Chapter may be both greater in scope and more stringent than required by
				federal law. Enforcement authority for conditions in this Chapter which
				constitute greater scope of coverage than required by Federal law are not part
				of the federally approved NPDES program and therefore are not subject to EPA
				oversight.
(6) To ensure compliance
				with the requirements of this Chapter, an AFO/CAFO owner/operator has the
				option to apply for and obtain coverage under an Individual NPDES permit,
				considering the requirements of Rule
				335-6-7-.07(3),
				including payment of required application fees, as provided in
				40
				CFR 122.28(b)(2)(i), and as
				pursuant to the requirements of Chapter 335-6-6. All requirements of this
				Chapter shall apply to the AFO/CAFO owner/operator until issuance of the
				Individual NPDES permit. The AFO/CAFO owner/operator shall be considered in
				violation of this Chapter, the AWPCA, and NPDES requirements each day that the
				operation is not in compliance with the requirements of this Chapter until the
				required complete and correct Individual permit application is submitted and
				Individual permit coverage is issued by the Department.
Author:
Richard Hulcher
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14;
					 22-22A-1 to
					 22-22A-16
et
seq
., as amended.