reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability for reclaimed water reuse facilities
.
				Any non-excluded reclaimed water reuse facility reusing or offering for reuse
				municipal reclaimed water in a manner that holds a reasonable potential for
				discharge of pollutants to waters of the State shall apply for and obtain a
				permit for the reuse of those wastewaters.
(2)
Excluded
				Facilities
.
(a) Land application
				of industrial wastewater that is beneficially used and complies with NRCS
				standards.
(b) Land application
				activities regulated under NPDES permits.
(c) Facilities with active land application
				sites that were approved by the Department prior to the promulgation of this
				rule.
(d) Underground Injection
				facilities regulated by chapter 335-6-8, with the exception of ASR wells
				utilized for water reuse through surface application irrigation.
(e) Wastewater systems regulated by the
				Alabama Department of Public Health.
(f) Incidental use of reclaimed water for
				landscape irrigation at a municipal wastewater treatment plant if:
1. There is no other reclaimed water use that
				would subject the municipal wastewater treatment plant to the requirements of
				this chapter;
2. The municipal
				wastewater treatment plant has coverage under an NPDES permit, and the quality
				of the effluent meets that required by the NPDES permit; and
3. Public access to the area of landscape
				irrigation is restricted.
(g) The Director may exclude other facilities
				if covered adequately by other regulations.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.04 - Duration Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
A Reclaimed Water Reuse Permit issued pursuant to the Alabama
				  Water Pollution Control Act (AWPCA) and this chapter shall have a fixed term
				  not to exceed five years. A person who wishes to continue to discharge beyond
				  the term of such permit shall apply for reissuance of a Reclaimed Water Reuse
				  Permit pursuant to rule
				  335-6-20-.05.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.05 - Continuation Of Expiring Permits

Current through Register Vol. 42, No. 9, June 28, 2024
The terms and conditions of an expiring Reclaimed Water Reuse
				  Permit are automatically extended until the effective date of a new Reclaimed
				  Water Reuse Permit if the permittee has submitted a timely and complete
				  application for reissuance of a Reclaimed Water Reuse Permit in accordance with
				  rule 335-6-20-.07 and the delay in
				  permit issuance has not been caused by the actions of the
				  permittee.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.06 - Confidentiality Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Information required under rule
				335-6-20-.07 as necessary to form
				a complete Reclaimed Water Reuse Permit application may not be claimed as
				confidential. This includes information submitted on the approved application
				forms themselves and any attachments used to supply information required by the
				forms. Claims of confidentiality for the following information will be denied:
(a) The name and address of any permit
				applicant or permittee; and
(b)
				Information required to develop the permit(s) and effluent data.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.09 - Specific Permit Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Basis for Specific Permit Conditions
. Conditions
				necessary for the protection of public health and the environment may differ
				from facility to facility because of varying environmental conditions and
				wastewater compositions. The Director may establish, on a case-by-case basis,
				specific permit conditions. Specific conditions shall be established in
				consideration of characteristics specific to a facility and any inherent
				hazards of those characteristics. Such characteristics include, but are not
				limited to:
(a) Chemical, biological,
				physical, and volumetric characteristics of the wastewater;
(b) Geological and climatic nature of the
				facility or reuse site;
(c) Size of
				the site and its proximity to population centers and to ground and surface
				water;
(d) Techniques used in
				wastewater distribution and the disposition of that vegetation exposed to
				wastewaters;
(e) Abilities of the
				soils and vegetative covers to accept the reuse water without undue hazard to
				the environment or to the public health; and
(f) The need for monitoring and recordkeeping
				to determine if the facility is being operated in conformance with its design
				and if its design is adequate to protect public health and the
				environment.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.10 - Municipal Reclaimed Water Reuses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reuses for Class A and Class B reclaimed
				water include:
(a) Land application on
				fodder, fiber crops, ornamental nursery stock, sod and seed crops not intended
				for human ingestion, and pasture for animals not producing milk for human
				consumption; and
(b) During periods
				of non-use, irrigation of golf courses, highway medians and roadside
				vegetation, and cemeteries.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.12 - User Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				permittee must enter into a written user agreement with each customer.
				Regulation and management of customers will be by the permittee via a binding
				agreement with each individual customer or by an equivalent local municipal
				ordinance. The user agreement shall allow the Department or authorized
				representative to:
(a) Enter the user
				facility, application site(s), or any other location where records are
				maintained;
(b) Have access to and
				copy, at reasonable times, any record(s) that must be kept under the conditions
				of the user agreement;
(c) Inspect
				at reasonable times, any facility, equipment (including monitoring and control
				equipment), practices, or operations regulated or required by the user
				agreement; and
(d) Sample or
				monitor, at reasonable times for the purpose of assuring permit compliance or
				otherwise authorized by the AWPCA, any substances or parameters at any
				location.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.14 - Buffer Distances

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Buffer Distance Considerations
. Buffer distances shall
				be established for the following purposes:
(a) To protect public health by limiting
				exposure to reclaimed water and conditions associated with reuse
				facilities;
(b) To protect waters
				of the state, including surface water, ground water and public and private
				drinking water supplies; and
(c) To
				help ensure that the reuse of reclaimed water is restricted to within the
				physical boundaries of the reuse facilities.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.15 - Preliminary Engineering Reports

Current through Register Vol. 42, No. 9, June 28, 2024
Preliminary engineering reports shall comply with this
				  chapter and applicable provisions of chapter 335-6-3. Preliminary engineering
				  reports for new municipal reclaimed water systems or major upgrades to
				  municipal reclaimed water systems shall be submitted to the Department for
				  review.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.16 - Plan And Specification Review

Current through Register Vol. 42, No. 9, June 28, 2024
All plans and specifications for the construction of new
				  reuse facilities or modification or expansion of the same shall be submitted to
				  the Director for review in accordance with chapter 335-6-3.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.18 - Pumping Stations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Backflow Protection-Seal Water
. Any potable water used
				as seal water for reclaimed water pump seals shall be protected from backflow
				with an appropriate backflow prevention device or air gap.
(2)
Backflow Protection-Potable
				and Reclaimed Water
. In no case shall a direct connection be made
				between the potable and reclaimed water system. If it is necessary to put
				potable water into the reclaimed water distribution system, an appropriate
				reduced pressure principal device or air gap must be provided to protect the
				potable water system.
(3)
Equipment and Facilitie
s. Any equipment or facilities
				such as tanks, temporary piping or valves, and portable pumps that have been
				used with reclaimed water shall not be used with potable water. Any equipment
				or facilities such as tanks, temporary piping or valves, and portable pumps
				that have been or may be used with sewage shall not be used with reclaimed
				water or potable water.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.19 - Storage Ponds

Current through Register Vol. 42, No. 9, June 28, 2024
All new and existing ponds for municipal reclaimed water and
				  reject water shall meet the following requirements:
(1)
Reclaimed Water
				Ponds
. Surface water features, such as storage ponds and landscape
				impoundments used for reclaimed water are not required to be lined but shall be
				designed to minimize discharge of pollutants to groundwater. Reclaimed water
				must meet required E. coli criteria before it is transported to such
				impoundments. Reclaimed ponds shall be designed with a minimum three feet of
				freeboard and sufficient storage capacity to assure retention of reclaimed
				water during adverse weather conditions less than ten year, twenty-four hour
				storm events. In designing the storage and capacity, periods of non-use shall
				be taken into consideration.
(2)
Reject Water Ponds
. An off-line system for storage of
				reject water shall be provided for all reuse facilities. At a minimum, the
				capacity of this storage shall be equal to three days of flow at the average
				daily design flow of the treatment system. Provisions for returning this reject
				water to the facility for further treatment or for sending the reject water to
				a separate disposal site shall be incorporated into the design. Ponds designed
				to receive reject water must be lined to prevent seepage from exceeding 1/8
				inch per day. Either properly constructed clay or synthetic liners may be used.
				If a clay liner is used, provisions must be made to prevent drying, cracking
				and erosion. Reject water ponds may not be required if another discharge option
				is available. If the facility's alternate discharge option is through a NPDES
				Permit, the discharge must meet all of the requirements of the NPDES
				Permit.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.20 - Reclaimed Water Filtration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				maximum filtration rate shall not exceed the manufacturer's documented
				performance. Loading rates will be considered based on manufacturer's
				information, pilot testing and actual records from operating treatment units.
				The Department may consider alternate filtration technologies other than
				conventional filtration upon submission of a written request accompanied by all
				necessary product information.
(2)
				Reclaimed water filtration facilities must install and operate a filter to
				waste system that operates each time a filter begins operation. Filter to waste
				systems shall automatically filter to waste until the effluent meets the
				required turbidity standard.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.21 - Reclaimed Water System Operator Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All wastewater treatment systems which
				operate under this Chapter shall be classified as a Grade III or higher
				classification and shall conform to the operator requirements listed under rule
				335-10-1.
(2) All operators of
				reclaimed water distribution systems, operators of the distribution system from
				the reclaimed water treatment plant to the point of compliance or point of
				reuse or point of sale, as applicable, and those operators that are employed by
				buyers of the reclaimed water for subsequent reuse, including home occupants,
				shall be required to sign a utility user agreement provided by the utility
				providing the reclaimed water. Such user agreement shall state that the user
				understands the origin of the effluent and the concept of proper application of
				the reclaimed water for applying the reclaimed water. Contracts for sale of
				reclaimed water for subsequent reuse shall also include these requirements.
				Individual homeowners may operate or maintain reclaimed water distribution
				systems on their property.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.22 - Reliability And Redundancy

Current through Register Vol. 42, No. 9, June 28, 2024
All reclaimed water reuse systems shall meet the following
				  reliability and redundancy requirements for reclaimed water:
(1) Treatment systems shall provide the
				following back-up systems:
(a) Another
				permitted disposal option, and/or;
(b) Diversion to adequately lined reject
				water storage capable of storing three days of flow at the average daily design
				flow of the treatment system.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.23 - Transfer, Modification, Revocation And Reissuance, And Termination Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Subject to notice, hearing, and appeal rights of the
				  permittee, the Department may transfer, modify, or revoke and reissue any
				  permit during its term for cause, including but not limited to, the causes
				  listed in this rule. All applicable fees required by chapter 335-1-6 shall be
				  paid prior to permit transfer, modification, or revocation and
				  reissuance.
(1)
Permit
				Transfers
. A permit may be transferred from the permittee to a new
				operator only if the permit has been modified, revoked and reissued, or a minor
				modification has been made to identify the new permittee.
(a) If there is to be no change in the
				operation of the facility which would affect the permittee's ability to comply
				with the permit and if there are to be no new, different, altered or increased
				discharges from the facility, the permit may be transferred by modification,
				revocation and reissuance, or by minor modification of the permit, provided
				that the reporting requirements of paragraph
				335-6-20-.08(1)
				are met.
(b) If changes in the
				facility are proposed which would result in new, different, altered, or
				increased capacity from the facility, the transfer of ownership or operational
				obligations may be accomplished by complying with the reporting requirements of
				paragraph
				335-6-20-.08(1).
				No new, different, altered, or increased capacity may commence until a new
				application and, if required by the Department, an engineering report
				describing such discharges have been submitted to the Department, and the
				permit has been modified accordingly.
(c) If the entity to which a permit is
				requested to be transferred owns or operates a facility or facilities within
				the state which are in substantial noncompliance, as determined by the
				Director, the Director may refuse to transfer the permit until noncompliance is
				corrected or significant progress is made to achieve compliance.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.24 - Temporary Cessation Of Operations And Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A permittee shall implement any
				applicable conditions specified in the permit for temporary cessation of
				operations. When the permit does not specify applicable temporary cessation
				conditions, the permittee shall notify the Director prior to a temporary
				cessation of operations at the facility greater than sixty days in duration and
				any cessation not for regular maintenance or repair. A permittee is not
				required to notify the Director of cessation of operations necessary for
				regular maintenance or repair of a duration of sixty days or less. All
				notifications required under this section shall include a proposed temporary
				cessation plan that will ensure the cessation of operations will not pose a
				threat to human health or the environment.
(2) A closure plan shall be required when a
				facility is permanently closed. A permittee shall implement any applicable
				conditions specified in the permit for closure of the facility. Unless
				otherwise directed by the terms of the permit or by the Director, the permittee
				shall submit a closure plan to the Director at least ninety days prior to
				ceasing operations. The closure plan shall ensure that the closed facility will
				not pose a threat to human health and the environment. If the Department
				determines through its review of the submitted closure plan that the submittal
				is not sufficient, then the Permittee must modify the closure plan. The
				Department must receive modifications to the closure plan, if required, no
				later than thirty days after receipt of the Department's comments unless an
				alternate schedule is approved by the Department.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.25 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person
				required to have a permit pursuant to this chapter and who discharges
				pollutants without said permit, who violates the conditions of said permit, who
				discharges pollutants in a manner not authorized by said permit, or who
				violates an applicable order of the Department or any applicable rule or
				standard under this division, is subject to any one or combination of the
				following enforcement actions:
(a) An
				administrative order requiring abatement compliance, mitigation, cessation of
				discharge, clean up, and/or penalties;
(b) An action for damages;
(c) An action for injunctive relief;
				or
(d) An action for
				penalties.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.26 - Public Notice Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Actions Requiring Public Notice
. The Director shall
				give public notice that the following actions have occurred:
(a) A Reclaimed Water Reuse Permit
				application has been received, the draft Reclaimed Water Reuse Permit or draft
				modification to a Reclaimed Water Reuse Permit has been prepared, and a
				tentative determination to issue, reissue or modify the permit has been
				made;
(b) A Reclaimed Water Reuse
				Permit application has been received, and a tentative determination to deny a
				permit application has been made; or
(c) A tentative determination to revoke and
				reissue a Reclaimed Water Reuse Permit has been made.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-1 - GENERAL PROVISIONS › Section 335-7-1-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
Regulations and standards established under Division 7 apply
				  to each public water system in Alabama as defined in this chapter except water
				  dispensing machines unless the water system meets all of the following
				  conditions:
(a) Consists only of
				distribution and/or storage facilities and does not have any collection and
				treatment facilities,
(b) Obtains
				all of its water from, but is not owned or operated by, a public water system
				to which this chapter applies,
(c)
				Does not sell water to any person, and
(d) Is not a carrier which conveys passengers
				in interstate commerce.
Authors:
Joe Alan Power, Dennis D.
					 Harrison
Statutory Authority:
Code of
					 Ala.1975
, §§
											22-23-33,
					 22-23-49.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-1 - GENERAL PROVISIONS › Section 335-7-1-.03 - Variance From Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may grant variances to design, treatment, and
				  operational requirements based on the following conditions and
				  procedures:
(a) No variance will be
				granted for treatment techniques or activities which will result in an
				unreasonable risk to public health, cause a public nuisance, create
				environmental pollution, or allow use of a surface source without filtration
				unless the system can demonstrate compliance with EPA Regulations 141.71,
				141.72, and 141.75.
(b) No variance
				from the
E. coli
MCL will be granted.
(c) The Department may impose additional
				monitoring, require onsite treatability studies, and may require the applicant
				to obtain and keep in force a bond to ensure further treatment facilities are
				obtained to prevent any hazard to public health.
(d) The Department may establish a compliance
				schedule to obtain modifications to the treatment process, obtain a new source
				of supply, or other action deemed necessary to bring the system into full
				compliance with these regulations.
Author:
Joe Alan Power
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-35,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-1 - GENERAL PROVISIONS › Section 335-7-1-.04 - Variance Application

Current through Register Vol. 42, No. 9, June 28, 2024
Any supplier of water requesting a variance from provisions
				  of these regulations shall file a written application providing the following
				  information:
(a) Specific regulation
				for which a variance is requested;
(b) The type and duration of the
				variance;
(c) Analytical results of
				system and source water quality and projected quality if the variance is
				approved;
(d) Data showing adequate
				water treatment will be provided based on information from plant studies,
				research, pilot plant results or other studies using the same or similar raw
				water sources; and
(e) A plan for
				the provision of safe drinking water if an excessive level of any contaminant
				affected by the variance should occur.
Authors:
Joe Alan Power, Dennis D.
					 Harrison
Statutory
Authority:
Code of Ala. 1975
, §§
											22-23-33,
					 22-23-35,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-1 - GENERAL PROVISIONS › Section 335-7-1-.05 - Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may, upon written application, grant an
				  exemption from drinking water standards not to include monitoring, based upon
				  the following conditions and findings:
(a) The public water system was in operation
				on the date the MCL became effective.
(b) The granting of the exemption will not
				result in an unreasonable risk to the public health.
(c) No exemption from the
E.
				coli
MCL will be granted.
(d) The exemption may be granted for a period
				not to exceed three years from the date of issuance.
(e) The Department may require the applicant
				to obtain a bond in sufficient amount to correct a possible hazard to public
				health which may be created by the granting of this exemption.
Author:
Joe Alan Power
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-35,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-1 - GENERAL PROVISIONS › Section 335-7-1-.06 - Exemption Application

Current through Register Vol. 42, No. 9, June 28, 2024
Any supplier of water requesting an exemption from compliance
				  of any water standard shall file a written application providing the following
				  information:
(a) Contaminant to be
				considered plus historic and current analysis indicating the maximum and normal
				level found and the potential for increased levels.
(b) Health effects data demonstrating that no
				unreasonable risk to human health will occur.
(c) A detailed engineering report providing
				either proposed treatment or alternative sources which will meet all water
				standards.
(d) An economic
				statement demonstrating that funds will be available within two years to
				provide necessary system modification to meet all water standards.
(e) An explanation of the compelling factors,
				such as time or economics, which prevent the system from achieving present
				compliance.
(f) Any other
				information believed relevant by the applicant or requested by the Department.
Author:
Joe Alan Power.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-35,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-1 - GENERAL PROVISIONS › Section 335-7-1-.07 - Exemption Disposition

Current through Register Vol. 42, No. 9, June 28, 2024
Upon receipt of a complete application the Department shall
				  take the following action:
(a)
				Approval - should the Department favorably consider the exemption request, the
				following procedures must be followed:
l. At
				the expense of the applicant a public hearing will be held in the county where
				the greatest percent of customers will be affected.
2. The Department will provide notice to the
				affected public including:
(i)
				Contaminant
(ii)
				Health-effects
(iii) Time and
				location of public hearing and comment period.
(iv) ADEM established Compliance
				schedule
(v) Name, address, and
				telephone number of the person requesting the exemption.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
Drinking water standards established in these regulations are
				  applicable to water systems required to monitor for the various contaminants.
				  Systems are required to monitor at the frequency and time designated by the
				  Department. All systems required to meet these standards must provide drinking
				  water in compliance with regulation 335-7 at all times.
Authors:
Joe Alan Power, Edgar K.
				  Hughes
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.02 - Sampling And Analytical Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Samples to be used to demonstrate compliance with these
				  regulations must be collected using procedures, containers, and preservatives
				  established by EPA. Analysis of such samples must be performed using approved
				  EPA methodology and by a laboratory certified by EPA or this Department which
				  has demonstrated the ability to analyze the specific contaminants at an
				  acceptable detectable limit established by EPA. Turbidity, chlorine residual,
				  and secondary standards may be analyzed by a certified operator using
				  procedures established by EPA. Confirmation samples may be required after the
				  detection of a contaminant or the submittal of results which is
				  questionable.
Authors:
Joe Alan Power, Edgar K.
				  Hughes
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.03 - Inorganic Chemical Standards And Monitoring Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
				are MCLs for inorganic chemicals:
Contaminant
MCL in mg/L
Antimony
0.006
Arsenic
0.01
Asbestos
7 Million Fibers*/Liter
Barium
2.0
Beryllium
0.004
Cadmium
0.005
Chromium
0.1
Cyanide
0.2
Fluoride
4.0
Lead
0.015
Mercury
0.002
Nickel
0.1
Nitrate (as N)
10
Nitrite (as N)
1
Total Nitrate/Nitrite
10
Selenium
0.05
Sulfate
500
Thallium
0.002
*Longer than 10 micrometers
(2)
				Should any inorganic contaminant exceed the MCL, the system must establish a
				treatment process using the best available technology to achieve compliance
				with the MCL or cease using the source of supply in conjunction with a
				Department-issued compliance schedule and provide an alternate source of
				approved drinking water with any cost to be born by the water system.
(3) Sampling for asbestos shall be as
				follows:
(a) Community and NTNC water systems
				shall analyze for asbestos during the first three-year compliance period of
				each nine-year compliance cycle.
(b) A system that is not vulnerable to
				asbestos contamination may apply to the Department for a waiver from asbestos
				monitoring for each three-year monitoring period. If the Department grants the
				waiver, the system is not required to monitor.
(c) A system vulnerable to asbestos
				contamination due to corrosion of asbestos-cement pipe shall collect at least
				one sample from a tap served by asbestos-cement pipe and under conditions where
				asbestos contamination is most likely to occur. A system determined to be
				vulnerable to asbestos contamination in source water shall monitor at least one
				sample representative of each suspected source after treatment.
(d) Community and NTNC water systems which
				exceed the MCL shall analyze for asbestos quarterly beginning in the next
				quarter after the violation occurred. Sampling may be reduced to initial
				monitoring requirements if the average of all analytical results is less than
				3.5 million fibers/Liter. Groundwater systems shall analyze a minimum of two
				quarterly samples and surface water systems a minimum of four quarterly
				samples.
(e) The Department may
				require analysis of asbestos during a specific quarter of the year.
(f) The Department has the authority to
				determine compliance based on analytical results and other information compiled
				by Department staff.
(g) When the
				MCL for asbestos is exceeded, a second analysis shall be initiated within two
				weeks and the average of the two analyses shall be used as the compliance
				level. Should this level also exceed the MCL, the Department shall be notified
				within 48 hours.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.04 - Synthetic Organic Chemical (SOCs) Standards And Monitoring Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
				are the MCLs for SOCs:
CONTAMINANT
MCL in mg/L
Alachlor
0.002
Atrazine
0.003
Carbofuran
0.04
Chlordane
0.002
Dibromochloropropane
0.0002
2,4-D
0.07
Endrin
0.002
Ethylene Dibromide
0.00005
Heptachlor
0.0004
Heptachlor Epoxide
0.0002
Lindane
0.0002
Methoxychlor
0.04
Polychlorinated Biphenyls
0.0005
Pentaclorophenol
0.001
Toxaphene
0.003
2,4,5-TP
0.05
Benzo(a)pyrene
0.0002
Dalapon
0.2
Di(2-ethylhexyl) phthalate
0.006
Di(2-ethylhexyl) adipate
0.4
Dinoseb
0.007
Diquat
0.02
Endothall
0.1
Glyphosate
0.7
Hexachlorobenzene
0.001
Hexachlorocyclopentadiene
0.05
Oxamyl (Vydate)
0.2
Picloram
0.5
Simazine
0.004
2,3,7,8-TCDD (Dioxin)
0.00000003
(2)
				The following are the monitoring requirements for SOCs:
(a) Community and NTNC water systems shall
				analyze for SOCs at the frequency listed below. Samples shall be collected
				during periods of normal operating conditions from the entry point to the
				distribution system for each surface source or from the entry point to the
				distribution system representing each source of water used after any
				application of treatment. Samples shall be collected during the period most
				susceptible to pesticide contamination. Raw water analysis may be used to
				determine compliance if no treatment processes are used for the reduction of
				SOCs.
1. Community and NTNC water systems
				serving a population of less than or equal to 3,3 00 persons must collect one
				sample during each repeat compliance period if no SOCs were detected in the
				initial compliance period.
2.
				Community and NTNC water systems serving a population of greater than 3,300
				persons must collect a minimum of two quarterly samples in one year during each
				repeat compliance period if no SOCs were detected in the initial compliance
				period.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.06 - Turbidity Standards And Monitoring Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Public water systems must meet the
				following levels for turbidity:
(a) Water
				systems using surface sources or groundwater sources under the direct influence
				of a surface water source must provide a filtration process to produce a
				filtered water turbidity no greater than 0.3 turbidity units (NTU) in 95% of
				filtered water samples analyzed each month and at no time exceeds 1.0 NTU.
				Should a turbidity treatment technique violation occur, public notification is
				required and the Department must be notified within 24 hours. If the Department
				is not notified within 24 hours, an acute violation occurs and the system must
				provide public notification within 24 hours.
(b) All other groundwater sources must
				produce treated water which at no time exceeds 5.0 NTU.
(c) Any system failing to meet these
				standards violates treatment technique requirements and shall provide public
				notification using appropriate language from Appendix C within 30
				days.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.07 - Microbiological Standards And Monitoring Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Public water systems will be in
				compliance with the
E. coli
MCL unless any of the conditions
				identified below exist:
(a) The system has an
E. coli
positive repeat sample following a total coliform
				positive routine sample.
(b) The
				system has a total coliform positive repeat sample following an
E.
				coli
positive routine sample.
(c) The system fails to take all required
				repeat samples following an
E. coli
positive routine
				sample.
(d) The system fails to
				test for
E. coli
when any repeat sample tests positive for
				total coliform.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.10 - Special Monitoring And Analytical Requirements For Unregulated Contaminants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
				community and NTNC water systems shall monitor for the following:
Unregulated/Miscellaneous SOCs
Aldicarb
Dieldrin
Aldicarb Sulfone
3 -Hy droxycarb ofuran
Aldicarb Sulfoxide
Methomyl
Aldrin
Metolachlor
Butachlor
Metribuzin
Carbaryl
Propachlor
Dicamba
Unregulated VOCs
Bromobenzene
Dichlorodifluoromethane
Bromochloromethane
1,3 -Dichloropropane
Bromodichloromethane
2,2-Dichloropropane
Bromoform
1,1 -Dichloropropene
Bromomethane
1,3 -Dichloropropene
n-Butylbenzene
Fluorotrichloromethane
sec-Butylbenzene
Hexachlorobutadiene
tert-Butylb enzene
Isopropylbenzene
Chlorodibromomethane
p-Isopropyltoluene
Chloroethane
Methyl Tertiary Butyl Ether (MTBE)
Chloroform
Naphthalene
Chloromethane
n-Propylbenzene
o-Chlorotoluene
1,1,2,2-Tetrachloroethane
p-Chlorotoluene
1,2,3-Trichlorobenzene
Dibromom ethane
1,2,4-Trichlorobenzene
m-Dichlorobenzene
1,2,3-Trichloropropane
1,1 -Dichloroethane
1,2,4-Trimethylbenzene
1,3,5-Trimethylbenzene
(2)
				The following are the monitoring requirements for the unregulated contaminants:
(a) All community and NTNC water systems
				shall sample for unregulated SOCs at the same sampling point and at the same
				time as the initial samples are collected for the analysis of the regulated
				SOCs.
(b) All community and NTNC
				water systems shall collect one sample at each sampling point for the
				unregulated inorganic chemicals at the same time as samples are collected for
				the analysis of the regulated inorganic chemicals.
(c) The monitoring frequency and analytical
				requirements for the unregulated and regulated VOCs shall be the same.
(d) Any water system required to
				monitor by this rule shall notify persons served by the system of the
				availability of the results of sampling. Results of such monitoring and notice
				shall be provided to the Department within 30 days of completion.
(e) The Department may increase monitoring
				where necessary to detect variations within a water system.
(f) In addition to the contaminants listed at
				paragraph (1) of this rule, the Department may require monitoring for other
				contaminants of concern in drinking water for which health advisories or
				toxicity values have been issued, at locations and frequencies as determined by
				the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.13 - Distribution System Evaluation

Current through Register Vol. 42, No. 9, June 28, 2024
This rule establishes monitoring and other requirements for
				  identifying compliance monitoring locations for use under rule
				  335-7-2-.12.
(a) This rule applies to:
1. Community water systems that use a primary
				or residual disinfectant other than ultraviolet light (UV) or deliver water
				that has been chemically treated with a primary or residual
				disinfectant;
2. Nontransient
				noncommunity water systems that serve at least 10,000 people and use a primary
				or residual disinfectant other than UV or deliver water that has been
				chemically treated by a primary or residual disinfectant.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.14 - Standard Monitoring Plan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				system's standard monitoring plan (SMP) must comply with the following
				subparagraphs. Systems must prepare and submit a standard monitoring plan to
				the Department according to the schedule in rule
				335-7-2-.13.
(a) The SMP must include a schematic of the
				distribution system (including distribution system entry points and their
				sources, storage facilities, and any point of disinfectant addition), with
				notes indicating locations and dates of all projected standard monitoring and
				all projected compliance monitoring under rules
				335-7-2-.11 or
				335=7-2-.12.
(b) The SMP must
				include justification of standard monitoring location selection and a summary
				of data that was used to justify the selection.
(c) The SMP must specify the population
				served and system type (ground water, surface water or ground water under the
				influence of surface water).
(d)
				Systems must retain a complete copy of the SMP submitted under this rule,
				including any modifications required by the Department, for 10 years after the
				system submitted the SMP to the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-2 - PRIMARY DRINKING WATER STANDARDS › Section 335-7-2-.16 - Operational Evaluation Level

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				system has exceeded the operational evaluation level at any monitoring location
				where the sum of the two previous quarters' TTHM results plus twice the current
				quarter's TTHM result, divided by 4, exceeds 0.080 mg/L, or where the sum of
				the two previous quarters' HAA5 results plus twice the current quarter's HAA5
				result, divided by 4, exceeds 0.060 mg/L.
(2) If the operational evaluation level has
				been exceeded, the system must conduct an operational evaluation and submit a
				written report of the evaluation to the Department no later than 90 days after
				being notified of the analytical result that causes the system to exceed the
				operational evaluation level. The written report must be made available to the
				public upon request.
(3) The
				operational evaluation must include an examination of system treatment and
				distribution operational practices, including storage tank operations, excess
				storage capacity, distribution system flushing, changes in sources or source
				water quality, and treatment changes or problems that may contribute to TTHM
				and HAA5 formation and what steps could be considered to minimize future
				exceedences.
(4) The system may
				request to limit the scope of the evaluation if the system is able to identify
				the cause of the operational evaluation level exceedance. The request to limit
				the scope of the evaluation does not extend the schedule in paragraph (2) of
				this rule for submitting the written report. The Department must approve this
				limited scope of evaluation in writing and the system must keep that approval
				with the completed report.
(5) If a
				consecutive system exceeds the TTHM and/or the HAA5 MCLs per paragraph
				335-7-2-.12(a)
				then the following applies:
(i) A joint
				operational evaluation must be completed which includes the wholesale system
				that supplies water to the site where the exceedance occurred, and any
				consecutive system that conveys the water where the exceedance
				occurred.
(ii) The joint
				operational evaluation must be signed by responsible officials from each
				wholesale and consecutive system
(iii) Representatives from all systems
				involved shall meet quarterly to evaluate the effectiveness of the measures
				implemented based on the operational evaluation.
(I) An attendance list and meeting minutes
				shall be submitted to the Department within 30 days of the meeting.
(II) Once the consecutive system complies
				with the TTHM and/or HAA5 MCLs, then the quarterly meeting will no longer be
				required.