reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.09 - Prohibited Discharges

Current through Register Vol. 42, No. 9, June 28, 2024
A SID Permit shall not be issued to a person under the
				  following circumstances:
(1) the
				industrial discharge contains a radiological, chemical or biological warfare
				agent or a high-level radioactive waste;
(2) the publicly or privately owned treatment
				works does not provide written agreement to accept the industrial
				discharge;
(3) when the imposition
				of permit conditions cannot reasonably ensure compliance with the general or
				categorical pretreatment standards applicable to the industrial
				discharge;
(4) for a discharge
				which otherwise does not comply with the AWPCA or the FWPCA; or
(5) when hydraulic or organic treatment works
				capacity is insufficient to accommodate the discharge.
Author:
John Poole.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.10 - Duration Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A SID
				Permit issued pursuant to the 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 SID Permit pursuant to
				Rule 335-6-5-.13.
(2) A SID Permit issued for a "new
				discharger" or "new source" shall expire eighteen months after issuance if
				"construction" has not begun during that eighteen month period.
(3) That portion of a SID Permit authorizing
				the discharge of increased quantities of pollutants to accommodate the
				modification of an existing facility shall expire eighteen months after
				issuance if "construction" of the modification has not begun within eighteen
				months after reissuance of the SID Permit or modification of the SID Permit to
				allow the discharge of increased quantities of pollutants.
Author:
John Poole.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.11 - Continuation Of Expiring Permits

Current through Register Vol. 42, No. 9, June 28, 2024
The terms and conditions of an expiring SID Permit are
				  automatically extended pending issuance of a new SID Permit if the permittee
				  has submitted a timely and complete application for reissuance of the SID
				  Permit and the delay in permit issuance has not been caused by the actions of
				  the permittee. An application that is received by the Department less than 180
				  days prior to the expiration date of the existing SID Permit is not timely and,
				  if the SID Permit is not reissued prior to expiration, the applicant shall not
				  have a valid permit until such time as the permit is reissued.
Author:
John Poole.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.12 - Confidentiality Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Information required by this Chapter to be submitted as a part of a SID 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;
(b) information required to develop the
				permit, permits, and effluent data;
(c) baseline reports;
(d) category determination request;
				and
(e) requests for variances from
				categorical pretreatment standards.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.14 - Signatories To Permit Applications And Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The application for a SID Permit, a
				request for variance from categorical pretreatment standards, and a category
				determination request shall be signed by a responsible official, as indicated
				below:
(a) in the case of a corporation, by a
				principal executive officer of at least the level of vice president;
(b) in the case of a partnership, by a
				general partner;
(c) in the case of
				a sole proprietorship, by the proprietor; or
(d) in the case of a municipal, state,
				federal, or other public entity by either a principal executive officer, or
				ranking elected official.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.15 - Conditions Applicable To SID Permits

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements apply to SID Permits issued to
				  significant industrial dischargers. Provisions implementing these requirements
				  shall be incorporated into each permit.
(1) Duty to comply with a SID Permit.
(a) The permittee must comply with all
				conditions of the permit. Any permit noncompliance constitutes a violation of
				the AWPCA and the FWPCA and is grounds for enforcement action, for permit
				termination, revocation and re-issuance, suspension, modification; or denial of
				a permit renewal application.
(b)
				The permittee shall comply with applicable pretreatment categorical and general
				standards or prohibitions established under the FWPCA within the time provided
				in the regulations that establish these standards or prohibitions, even if the
				permit has not yet been modified to incorporate the requirement.
(c) Any person who violates a permit
				condition is subject to a civil penalty as authorized by
Code of
				Ala. 1975
, § 22-22 A-5(18) (1987 Cum. Supp.) and/or a
				criminal penalty as authorized by the AWPCA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.16 - Establishing Limitations, Standards, And Other Permit Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In addition to
				permit conditions required under other rules, the Director shall establish
				permit conditions, as required on a case-by-case basis, to provide for and
				ensure compliance with all applicable requirements. An applicable requirement
				is a state statutory or regulatory requirement which takes effect prior to
				final administrative disposition of a permit. An applicable requirement is also
				any requirement which takes effect prior to the modification or revocation and
				reissuance of a permit.
(2) All
				applicable requirements shall be incorporated into each SID Permit.
(3) Permit limitations based on applicable
				categorical pretreatment standards and general pretreatment standards shall be
				included in each SID Permit, this requirement is not applicable to SID Permits
				issued for indirect discharge to a privately owned treatment works.
(4) A reopener clause that allows permit
				modification or permit revocation and reissuance to include the requirements of
				any applicable categorical standard that is promulgated under the FWPCA after
				the permit is issued shall be included in each SID Permit, this requirement is
				not applicable to SID Permits issued for indirect discharge to a privately
				owned treatment works.
(5) A
				reopener clause that allows permit modification or permit revocation and
				reissuance to include addition of more stringent limits to prevent interference
				or pass-through, when the discharge is determined to cause pass through or
				interference and existing permit limits are not sufficient to prevent
				pass-through or interference shall be included in each SID Permit.
(6) Where required, SID Permits shall contain
				permit limits based on local limits developed to prevent pass-through, sludge
				disposal problems, and interference.
(7) To ensure compliance with permit
				limitations, the SID Permit may include requirements to monitor:
(a) the mass, concentration, or other
				measurement specified in the permit, for each pollutant limited in the
				permit;
(b) the volume of effluent
				discharged from each outfall; and
(c) other measurements as appropriate;
				including pollutants in internal waste streams; pollutants in intake water for
				net limitations; frequency, rate of discharge, etc., for noncontinuous
				discharges; and pollutants subject to notification requirements; and
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.17 - Calculating SID Permit Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SID Permit discharge limitations,
				standards and prohibitions shall be established for each discharge point from
				the facility, except where limitations on internal waste streams are more
				appropriately used.
(2) General
				pretreatment standards shall be included in all SID Permits.
(3) Where applicable, SID Permit limits shall
				be calculated using categorical pretreatment standards. Such limits shall be
				calculated using the following methods:
(a)
				When the limit is production based, a reasonable measure of the applicant's
				long term daily production, such as the average daily production during a
				representative year, shall be used to calculate the permit limits. Where daily
				and average maximum permit limits are calculated, averages from the same
				production period will be used to calculate both limits.
(b) When calculating equivalent concentration
				or mass limits, an average daily flow based upon a reasonable measure of the
				applicant's actual long-term flow rate, such as the average daily flow rate
				during a representative year, shall be used to calculate limits.
(c) When wastewater regulated under a
				categorical pretreatment standard is mixed with another wastewater prior to
				treatment an alternative limit shall be calculated in accordance with the
				method provided under
				40 CFR
				Section 403.6(e)
				(1994).
(d) When requested by the
				applicant, the categorical pretreatment standard limit may be adjusted to
				reflect the presence of pollutants in the applicant's intake water. Adjustments
				shall be calculated and applied in accordance with the method provided under
				40 CFR Section
				403.15(1994). The applicant
				shall submit proof that the background is not metals leaching from the
				applicants plumbing and such proof shall consist of sampling results of water
				taken from as near the water meter as possible and not after contact with the
				applicant's plumbing.
(e) When an
				industrial user, to which a categorical pretreatment standard applies, uses a
				combination of disposal methods including discharge to a publicly owned
				treatment works, production based limits calculated from the standard shall be
				adjusted by multiplying the limit by the ratio of the quantity of wastewater
				discharged to the publicly owned treatment works to the quantity of wastewater
				generated.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.18 - Schedules Of Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
The permit may, when appropriate, specify a schedule of
				  compliance leading to compliance with the FWPCA and the AWPCA.
(a) Any schedules of compliance shall require
				compliance as soon as possible, but not later than the applicable statutory
				deadline under the FWPCA.
(b) If a
				permit establishes a schedule of compliance which exceeds one year from the
				date of permit issuance, the schedule shall set forth interim requirements and
				the dates for their achievement in accordance with the following:
1. the time between interim dates shall not
				exceed one year;
2. dates for
				compliance may be established, where applicable, as follows:
(i) submission of pollution abatement program
				and preliminary plans;
(ii)
				submission of final plans, specification, and drawings;
(iii) initiation of construction;
(iv) attainment of operational status;
				and
(v) attainment of compliance
				with permit limitations;
3. Reporting.
(i) The permit shall be written to require
				that no later than fourteen days following each interim date, the final date of
				compliance, or other period which the Director determines, the permittee shall
				notify the Director in writing of its compliance or noncompliance with the
				interim or final requirements, or submit progress reports.
(ii) The first SID Permit issued to a new
				source or a new discharger shall contain a schedule of compliance only when
				necessary to allow a reasonable opportunity to attain compliance with
				requirements issued or revised after commencement of construction but less than
				three years before commencement of the relevant discharge. For dischargers that
				have ceased discharge for an extended period and wish to recommence discharge,
				a schedule of compliance shall be available only when necessary to allow a
				reasonable opportunity to attain compliance with requirements issued or revised
				less than three years before recommencement of discharge.
Author:
John Poole.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.19 - Transfer, Modification, Revocation And Reissuance, And Termination Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Subject to appeal rights of the permittee, the Department may
				  transfer, modify, or revoke and reissue any SID 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, when the permit action is
				  at the request of the permittee.
(a)
				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 made to identify the new permittee:
1. 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 a minor modification of the permit, provided
				that the reporting requirements of subparagraph
				335-6-5-.15(12)(d)
				are complied with.
2. If there are
				to be changes in the facility which would result in new, different, altered, or
				increased discharges from the facility, the transfer of ownership or
				operational obligations may be accomplished by complying with the reporting
				requirements of subparagraph
				335-6-5-.15(12)(b),
				but no new, different, altered, or increased discharges 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 revoked and reissued or modified accordingly.
3. If the entity to which a permit is
				requested to be transferred, owns or operates 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 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.20 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any SID Permit
				issued or reissued by the Department is a permit for the purpose of the AWPCA
				and the FWPCA and any terms, conditions, or limitations of the permit are
				enforceable under state and federal law.
(2) Any person required to have a SID 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 the permit, or who violates this Chapter or applicable orders
				of the Department or any applicable rule or standard under this Division, is
				subject to any one or combination of the following enforcement actions under
				the AWPCA.
(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 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.21 - SID Permit Development

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Tentative Determinations. When the Department is satisfied that an application
				is complete it shall make a tentative determination on the application,
				including a tentative determination to issue or to deny a SID Permit for the
				discharge(s) described in the application. If the tentative determination is to
				issue a SID Permit, the following additional tentative determinations shall be
				made:
(a) tentative discharge limitations and
				monitoring requirements shall be identified for the constituents proposed to be
				limited;
(b) a preliminary schedule
				of compliance for meeting the tentative discharge limitations including interim
				dates and requirements, if applicable; and
(c) any other tentative restrictions or other
				conditions determined necessary by the Director which will significantly affect
				the discharge described in the application.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.22 - Reclassification Of Significant Industrial Users

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director may make a finding that an
				industrial user meeting the definition of a significant industrial user has no
				reasonable potential for adversely affecting the publicly owned treatment works
				operation or for violating any pretreatment standard or requirement and may at
				any time determine that the industrial user is not a significant industrial
				user. Prior to making such finding the Director shall notify the POTW receiving
				the industrial users discharge of his intention and shall request the POTW to
				submit any comments it wishes concerning the proposed action. The POTW shall be
				allowed at least 30 days to respond. The Director shall consider the POTW
				comments prior to making a final decision.
(2) A determination that a industrial user
				meeting the definition of a significant industrial user is not a significant
				industrial user shall be made in writing and shall state the reasons for the
				determination. Such determination may be reevaluated at any time and if
				justified the user shall be returned to significant industrial user status.
Author:
John Poole.
Previous Chapter 336-6-5 (same title) consisting of Rules:
					 336-6-5-.01 Purpose
336-6-5-.02 Definitions
336-6-5-.03 Requirements for Indirect Discharge
					 Permit
336-6-5-.04 Duty to Comply
336-6-5-.05 General Pretreatment Standards and
					 Requirements
336-6-5-.06 Categorical Pretreatment Standards
336-6-5-.07 Development of Pretreatment Programs
336-6-5-.08 Revision of Categorical Pretreatment Standards
					 to Reflect POTW Removal of Pollutants
336-6-5-.09 Request for Revision of Categorical
					 Pretreatment Standards
336-6-5-.10 Preliminary Review of POTV Pretreatment
					 Programs and Revision of Categorical Pretreatment Standards
336-6-5-.11 Approval Procedures for POTW Pretreatment
					 Programs and Revisions of Categorical Pretreatment Standards
336-6-5-.12 Continuation and Withdrawal of Revisions of
					 Categorical Pretreatment Standards
336-6-5-.13 Reporting Requirements
336-6-5-.14 Cooperative Agreements
REPEALED AND NEW CHAPTER ADOPTED IN LIEU THEREOF: Filed
					 March 25, 1991.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.23 - Requirements For Dental Dischargers

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
(a) Except as provided in subparagraphs (c),
				(d), and (e) of this paragraph, this rule applies to dental dischargers as
				defined in paragraph (2) of this rule.
(b) Dental dischargers subject to this rule
				are not Significant Industrial Users as defined in paragraph
				335-6-5-.02(oo),
				and are not "Categorical Industrial Users" or "industrial users subject to
				categorical pretreatment standards" as those terms and variations are used in
				this chapter, as a result of applicability of this rule.
(c) This rule does not apply to dental
				dischargers that exclusively practice one or more of the following dental
				specialties: Oral pathology, oral and maxillofacial radiology, oral and
				maxillofacial surgery, orthodontics, periodontics, or prosthodontics.
(d) This rule does not apply to wastewater
				discharges from a mobile unit operated by a dental discharger.
(e) This rule does not apply to dental
				dischargers that do not discharge any amalgam process wastewater to a POTW,
				such as dental dischargers that collect all dental amalgam process wastewater
				for transfer to a Centralized Waste Treatment facility as defined in 4 0 CFR
				437.
(f) Dental dischargers that do
				not place dental amalgam, and do not remove amalgam except in limited emergency
				or unplanned, unanticipated circumstances, and that certify such to the
				Department as required in paragraph (5) of this rule are exempt from any
				further requirements of this rule.
(g) Dental dischargers subject to this rule
				are not subject to the requirement to obtain an SID permit under rule
				335-6-5-.04.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Section 402(b) of the Federal Water Pollution Control Act
				  (FWPCA) provides that a state may administer its own permit program for
				  discharges into the navigable waters within its jurisdiction. Such permit
				  program, however, must be comparable to the National Pollutant Discharge
				  Elimination System (NPDES) permit program. It is the purpose of this chapter to
				  establish rules and procedures which will enable the state to administer an
				  NPDES-type permit system for this state and to enforce the provisions of the
				  Alabama Water Pollution Control Act (AWPCA).
Author:
John Poole
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14 and §§
											22-22A-1 to
					 22-22A-16.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.03 - Requirement For NPDES Permit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
				person shall discharge pollutants into waters of the state without first having
				obtained a valid NPDES permit or coverage under a valid General NPDES Permit
				unless such discharge is:
(a) Of sewage from
				vessels, effluent from properly functioning marine engines, laundry, shower,
				and galley sink wastes, or any other discharge incidental to the normal
				operation of a vessel. This exclusion does not apply to:
1. The discharge of any solid wastes,
				garbage, ashes, rubbish, or hazardous waste within the meaning of Code of
				Alabama (1975), 22-27-2 (1984 Rplc. Vol.), any other pollutant, industrial
				waste or other waste within the meaning of Code of Alabama (1975), 22-22-1(b)
				(1984 Rplc. Vol.), or any discharge in violation of rule
				335-6-6-.02
2. Waste resulting from the improper
				operation of a vessel, or from the improper storage or handling of a solid or
				liquid product on board a vessel; or
3. Any waste resulting from any operations of
				a vessel in use for a purpose other than a means of transportation.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.04 - Prohibited Discharges

Current through Register Vol. 42, No. 9, June 28, 2024
An NPDES permit shall not be issued to a person proposing any
				  of the following discharges:
(a) a
				discharge containing a radiological, chemical or biological warfare agent or a
				high-level radioactive waste;
(b) a
				discharge which, as determined by the Secretary of the Army, would
				substantially impair anchorage or navigation;
(c) a discharge in conflict with an Area Wide
				Waste Treatment Management Plan or amendment thereto, certified by the state
				and approved by EPA pursuant to Section 208(b) of the FWPCA;
(d) a discharge for which the applicant is
				required to obtain a certification under Section 401 of the FWPCA and that
				certification has not been obtained or waived;
(e) a discharge to waters of the territorial
				seas or the contiguous zone in the following circumstances:
1. before the promulgation of guidelines
				under Section 403(c) of the FWPCA, (for determining degradation of the waters
				of the territorial seas or the contiguous zone) unless it is determined to be
				in the public interest or
2. after
				promulgation of guidelines under Section 403(c) of the FWPCA, when insufficient
				information exists to make a reasonable judgment whether the discharge complies
				with them;
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.05 - Duration Of Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				NPDES permit issued pursuant to the AWPCA and this chapter shall have a fixed
				term not to exceed five years unless a longer term is allowed by 40 CFR Part
				122 and is approved by the Director. A person who wishes to continue to
				discharge beyond the term of such permit shall apply for reissuance of an NPDES
				permit pursuant to Rule
				335-6-6-.08.
(2) Except as provided by paragraph
				335-6-6-.05(4),
				an NPDES permit issued for a "new discharger" or "new source" shall expire
				eighteen months after issuance if "construction" has not begun during that
				eighteen-month period. This period shall be tolled by any administrative
				request for hearing or an administrative or judicial stay.
(3) That portion of an NPDES permit
				authorizing the discharge of increased quantities of pollutants to accommodate
				the modification of an existing facility shall expire eighteen months after
				issuance if "construction" of the modification has not begun within eighteen
				months after reissuance of the NPDES permit or modification of the NPDES permit
				to allow the discharge of increased quantities of pollutants. This period shall
				be tolled by any administrative request for hearing or an administrative or
				judicial stay.
(4) An NPDES permit
				issued for a "new discharger" or "new source" associated with a "surface coal
				mine" shall expire eighteen months after issuance if "construction" has not
				begun during that eighteen-month period, unless the Permittee has not started
				"construction" pending issuance of a permit by the "ASMC" and at the time the
				NPDES permit was issued had complied with the application requirements of the
				"ASMC" Administrative Code Title 880. In such cases, the NPDES permit shall
				expire 18 months after issuance of the "ASMC" permit if "construction" has not
				begun during that eighteen-month period. This period shall be tolled by any
				administrative request for hearing or an administrative or judicial
				stay.
Authors:
John Poole, Richard Hulcher, Glenda
					 Dean, Chip Crockett
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.06 - Continuation Of Expiring Permits

Current through Register Vol. 42, No. 9, June 28, 2024
The terms and conditions of an expiring NPDES permit are
				  automatically extended until the effective date a new NPDES permit if the
				  permittee has submitted a timely and complete application for reissuance of an
				  NPDES permit and the delay in permit issuance has not been caused by the
				  actions of the permittee in accordance with subparagraph
				  335-6-6-.08(1)(k)8.
				  and paragraph
				  335-6-6-.12(b).
Authors:
John Poole, Ed Hughes
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.07 - Confidentiality Of Information

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Information required under the Rule
				335-6-6-.08 as necessary to form
				a complete NPDES 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, permits, and effluent
				data.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.09 - Signatories To Permit Applications And Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The application for an NPDES permit shall
				be signed by a responsible official, as indicated below:
(a) In the case of a corporation, by a
				principal executive officer of at least the level of vice president, or a
				manager assigned or delegated in accordance with corporate procedures, with
				such delegation submitted in writing if required by the Department, who is
				responsible for manufacturing, production, or operating facilities and is
				authorized to make management decisions which govern the operation of the
				regulated facility;
(b) In the case
				of a partnership, by a general partner;
(c) In the case of a sole proprietorship, by
				the proprietor; or
(d) In the case
				of a municipal, state, federal, or other public entity by either a principal
				executive officer, or ranking elected official.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.10 - Requirements Applicable To Particular Discharges

Current through Register Vol. 42, No. 9, June 28, 2024
NPDES permits for the following categories of discharges
				  shall comply with and be governed by pertinent regulations as specified
				  below:
(a) Animal feeding operations
				(AFO) and concentrated animal feeding operations (CAFO): chapter 335-6-6
				(Individual Permit) and chapter 335-6-7 (Registration);
(b) Concentrated aquatic animal production
				facilities:
				40
				CFR 122.24(1994) and 40 CFR
				Part 122 (1994) Appendix C;
(c)
				Aquaculture projects: 40 CFR Part 122.25 (1994); and 40 CFR Part 125 (1994)
				Subpart B;
(d) Silvicultural point
				sources, excluding mining operations regulated pursuant to chapter 335-6-9: 40
				CFR Part 122.27 (1994);
(e) Mining
				operations: chapter 335-6-9; and
(f) Construction, noncoal/nonmetallic mining
				and dry processing less than five acres, other land disturbance activities, and
				areas associated with these activities; chapter 335-6-6 (Individual Permit) and
				chapter 335-6-12 (Registration).
(g) Facilities that employ a cooling water
				intake structure designed to withdraw water from waters of the state for
				cooling water purposes; applicable provisions of
				40 CFR §§
										122.21(r),
				122.44(b)(3),
				123.25(a)(4),
				123.25(a)(36),
				1245.10(d)(l)(ix), and Part 125 Subparts I and J [2005].
Authors:
John Poole, Richard Hulcher, Eric
					 Sanderson
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.11 - Conditions Applicable to Storm Water Discharges by Operators of Municipal Storm Sewers

Current through Register Vol. 42, No. 9, June 28, 2024
NPDES permits issued to operators of large or medium
				  municipal separate storm sewer systems (MS4 s) shall include the applicable
				  requirements of
				  40
				  CFR §
										122.42(c) (20 1 6
				  ). NPDES permits issued to operators of small MS4' s shall include the
				  applicable requirements of
				  40
				  CFR §
										§
										122.30-
				  122.37
				  (2016).
Authors:
John Poole, Truman Green
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.12 - Conditions Applicable To All NPDES Permits

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements apply to all NPDES permits.
				  Provisions implementing these requirements shall be incorporated into each
				  permit.
(a) Duty to Comply.
1. The permittee must comply with all
				conditions of the permit. Any permit noncompliance constitutes a violation of
				the AWPCA and the FWPCA and is grounds for enforcement action, for permit
				termination, revocation and re-issuance, suspension, modification; or denial of
				a permit renewal application.
2.
				The permittee shall comply with effluent standards or prohibitions established
				under Section 307(a) of the FWPCA for toxic pollutants within the time provided
				in the regulations that establish these standards or prohibitions, even if the
				permit has not yet been modified to incorporate the requirement.
3. Any person who violates a permit condition
				is subject to a civil penalty as authorized by
Code of Ala.
				1975
, § 22-22 A-5(18) (1987 Cum. Supp.) and/or a criminal
				penalty as authorized by the AWPCA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.13 - Conditions Applicable To Specific Categories Of NPDES Permits

Current through Register Vol. 42, No. 9, June 28, 2024
The following conditions apply to all NPDES permits within
				  the categories specified below and shall be incorporated into NPDES permits as
				  applicable.
(a) Existing
				manufacturing, commercial, mining, and silvicultural dischargers. In addition
				to the reporting requirements under paragraph
				335-6-6-.12(1),
				all existing manufacturing, commercial, mining, and silvicultural permittees
				must notify the Director as soon as they know or have 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 the permit, if that discharge will
				exceed the highest of the following notification levels:
(i) One hundred micrograms per
				liter;
(ii) 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;
(iii) Five
				times the maximum concentration value reported for that pollutant in the permit
				application; or
(iv) A level
				established by the Director under subparagraph
				335-6-6-.14(3)(g);
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.16 - Schedules Of Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
The permit may, when appropriate, specify a schedule of
				  compliance leading to compliance with the FWPCA and the AWPCA.
(a) Time for Compliance. Any schedules of
				compliance shall require compliance as soon as possible and in accordance with
				the following:
1. Not later than the
				applicable statutory deadline under the FWPCA;
2. Within three years of adoption of a new
				water quality standard or within the timeframe determined by the Director for
				implementation of an applicable TMDL established pursuant to section 303(d) of
				the FWPCA and
				40
				CFR Part
				130.7(2007).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.17 - 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 NPDES
				  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.
(a) 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 made to
				identify the new permittee:
1. 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 a minor
				modification of the permit, provided that the reporting requirements of
				subparagraph
				335-6-6-.12(a)
				are complied with.
2. If there are
				to be changes in the facility which would result in new, different, altered, or
				increased discharges from the facility, the transfer of ownership or
				operational obligations may be accomplished by complying with the reporting
				requirements of paragraph
				335-6-6-.12(a),
				but no new, different, altered, or increased discharges 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.
3.
				If the entity to which a permit is requested to be transferred, owns or
				operates 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 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.18 - Enforcement Under NPDES

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				NPDES permit issued or reissued by the Department is a permit for the purpose
				of the AWPCA and the FWPCA as such any terms, conditions, or limitations of the
				permit are enforceable under state and federal law.
(2) Any person required to have a NPDES
				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 the permit, or who violates this chapter or
				applicable orders of the Department or any applicable rule or standard under
				this Division, is subject to any one or combination of the following
				enforcement actions under the AWPCA.
(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 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.19 - Tentative Determinations And Draft NPDES Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Tentative Determinations. When the
				Department is satisfied that an application is complete it shall make a
				tentative determination on the application, including a tentative determination
				to issue or to deny an NPDES permit for the discharge(s) described in the
				application. If the tentative determination is to issue an NPDES permit, the
				following additional tentative determinations shall be made:
(a) Tentative discharge limitations and
				monitoring requirements shall be identified for the constituents proposed to be
				limited;
(b) A preliminary schedule
				of compliance for meeting the tentative discharge limitations including interim
				dates and requirements, if applicable; and
(c) Any other tentative restrictions or other
				conditions determined necessary by the Director which will significantly affect
				the discharge described in the application.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.21 - 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 NPDES
				Permit application has been received and a draft NPDES permit or draft
				modification to an NPDES permit has been prepared and a tentative determination
				made to issue or reissue the permit or modification;
(b) A NPDES Permit application has been
				received and a tentative determination to deny a permit application has been
				made ;
(c) A tentative
				determination has been made to revoke and reissue an NPDES permit;
(d) A tentative determination has been made
				to terminate an NPDES permit (except that if the determination results from the
				permanent termination of the flow or by connection to the POTW, the Director
				may terminate the permit by providing 30-day notice to the permittee);
				or
(e) A public hearing has been
				scheduled.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.22 - Variance Requests

Current through Register Vol. 42, No. 9, June 28, 2024
Requests for variances shall be submitted to the Director for
				  action. The Director may deny the request. If the Director determines that the
				  variance should be granted, he shall forward the request with a recommendation
				  that the request be approved to the Administrator. A discharger may request a
				  variance from otherwise applicable effluent limitations under any of the
				  following statutory or regulatory provisions within the times specified in the
				  pertinent regulations as given below:
(a) fundamentally different factors -
				40 CFR
				Part 122.21(1994); and 40
				CFR Part 125(1994);
(b) 301(c) or
				(g) variance from best available technology economically achievable (BAT) for
				non-conventional pollutants -
				40 CFR
				Part 122.21(1994);
(c) 301(k) Extension for innovative
				technology -
				40 CFR
				Part 122.21(1994); and 40
				CFR Part 125(1994); and
(d) 301(h)
				Variance for discharge into marine waters -
				40 CFR
				Part 122.21(1994); and 40
				CFR Part 125 (1994).
Author:
Craig Kniesel
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.23 - General Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Category. A
				general permit may be written to regulate:
(a) Storm water discharges; or
(b) A category of discharges that all:
1. Involve the same or substantially similar
				types of discharges;
2. Discharge
				the same types of pollutants;
3.
				Require the same effluent limitations or operating conditions;
4. Require the same or similar monitoring;
				and
5. In the opinion of the
				Director are more appropriately controlled under a general permit than under
				individual permits.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-6 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM › Section 335-6-6-.24 - Standards For The Use Or Disposal Of Sewage Sludge

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Dennis Harrison
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14 and §§
											22-22A-1 to
					 22-22A-16.