Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-12 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION, NONCOAL/NONMETALLIC MINING AND DRY PROCESSING LESS THAN FIVE ACRES, OTHER LAND DISTURBANCE ACTIVITIES, AND AREAS ASSOCIATED WITH THESE ACTIVITIES › Section 335-6-12-.28 - Inspection Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				operator shall ensure that regular, comprehensive site and receiving water(s)
				inspections are conducted to ensure that effective BMPs are properly designed,
				implemented, and consistently maintained in accordance with the requirements of
				this Chapter.
(2) Comprehensive
				inspections of NPDES construction sites and areas impacted by the construction
				site, including affected ditches and other stormwater conveyances, perennial
				and intermittent waterbody(s), streambanks, and floodplains, shall be performed
				by a QCI, QCP, or a qualified person under the direct supervision of a QCP as
				often as is needed to ensure, document, and certify continuing compliance with
				the requirements of this Chapter. The QCI, QCP, or a qualified person under the
				direct supervision of a QCP performing the inspection shall evaluate and
				document on the inspection report if the BMPs being implemented are adequate
				and if additional or improved control measures are needed. If the CBMPP plan is
				determined to be deficient, the CBMPP shall be revised and the revisions fully
				implemented within seven (7) calendar days following the inspection unless an
				alternate scheduled is approved in writing by the Department.
(3) Each day there is activity at the site,
				the operator, a QCI, a QCP, a qualified person under the direct supervision of
				a QCP, other qualified consultant, or other qualified persons, shall visually
				observe that portion of the construction project where active disturbance,
				work, or construction occurred and report any apparent BMP deficiencies
				observed to the operator, QCP, or QCI.
(4) Complete and comprehensive
				inspections/evaluations of defined or designated NPDES construction
				sites/activity shall be performed:
(a) A
				minimum of once a month, by a QCI, QCP, or a qualified person under the direct
				supervision of a QCP;
(b) A minimum
				of once every six (6) months, by a QCP or a qualified person under the direct
				supervision of a QCP;
(c) Except as
				provided in Rule
				335-6-12-.28(4)(d),
				by a QCI, QCP, or a qualified person under the direct supervision of a QCP,
				after any precipitation of 0.75 inches or greater in any 24-hour period since
				the last inspection, commencing as promptly as possible, but no later than
				48-hours after resuming or continuing active construction or disturbance, and
				completed no later than 72-hours following the qualifying precipitation
				event;
(d) On linear projects,
				including but not limited to, oil/gas, water, and sewer pipelines, conveyors,
				roads, highways, power lines, buried cables, or other energy or resource
				transmission right-of-way (ROW) or utility infrastructure, equal to or
				exceeding ten miles of disturbed length where active construction or areas
				where annual or perennial vegetation has not been fully established, by a QCI,
				QCP, or a qualified person under the direct supervision of a QCP, after any
				precipitation of 0.75 inches or greater in any 24-hour period since the last
				inspection, beginning as promptly as possible, but no later than 48-hours after
				resuming or continuing active construction or disturbance and completed no
				later than five (5) days after the qualifying precipitation event;
(e) At least once a week and as often as is
				necessary by a QCI, QCP, or a qualified person under the direct supervision of
				a QCP of all active disturbance, dredging, excavation, work, or construction
				undertaken or located within the banks of a waterbody, including but not
				limited to, equipment, vehicle crossing, pipelines, or other transmission line
				installation, conveyor structure installation, and waterbody relocation,
				streambank stabilization, or other alterations, until the disturbance/activity
				impacting the waterbody is complete and reclamation or effective stormwater
				quality remediation is achieved; and
(f) As often as is necessary until any
				non-compliant BMPs, discharges, or any deficiencies observed during a prior
				inspection are corrected and documented as being in compliance with the
				requirements of this Chapter.