Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-12 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION, NONCOAL/NONMETALLIC MINING AND DRY PROCESSING LESS THAN FIVE ACRES, OTHER LAND DISTURBANCE ACTIVITIES, AND AREAS ASSOCIATED WITH THESE ACTIVITIES › Section 335-6-12-.11 - Registration Requirements For NPDES Construction Sites

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided otherwise by this
				Chapter, after March 1, 2003 or the effective date of this Chapter, whichever
				date occurs later, new or continued operation of NPDES construction sites that
				have not submitted a complete and correct Notice of Registration (NOR) or
				application requesting coverage under a valid NPDES general permit, or
				individual permit, is prohibited. Except as provided otherwise by this Chapter,
				after March 1, 2003 or the effective date of this Chapter, whichever date
				occurs later, commencement of construction at proposed NPDES construction sites
				that have not submitted a complete and correct NOR acceptable to the
				Department, or have not been granted NPDES permit coverage under a valid NPDES
				general permit, or individual permit, is prohibited.
(2) After March 1, 2003, or the effective
				date of this Chapter, whichever date occurs later, modification of an existing
				construction site/activity less than one (1) acre that would result in an
				increase in size or change in construction activity such that the construction
				site would become an NPDES construction site, is prohibited, unless the
				operator has first submitted a complete and correct Notice of Registration
				(NOR) to the Department.
(3) Except
				as provided by Rule
				335-6-12-.11(4),
				upon submission to the Department of a complete and correct NOR, including the
				correct registration fee, CBMPP if required, and applicable QCP certifications,
				unless notified by the Department that the NOR is incorrect or incomplete, that
				additional time is needed by the Department to review the NOR, or that the NOR
				has been denied, the operator is authorized to commence and/or continue
				construction disturbance provided the construction site remains in full
				compliance with all provisions of this Chapter.
(4) For NPDES construction sites/activity
				discharging and/or proposing to discharge to a Tier 1 waterbody segment, unless
				notified by the Department within thirty (30) days after receipt by the
				Department of a complete and correct NOR, including the correct registration
				fee, CBMPP, and applicable QCP certifications, that the NOR is incorrect or
				incomplete, that additional time is needed by the Department to properly
				process the NOR, or that the NOR has been denied, the operator is authorized to
				commence construction disturbance provided the construction site remains in
				full compliance with all provisions of this Chapter.
(5) As determined necessary by the
				Department, a new or existing construction site regardless of size, which
				discharges to a Tier 1 waterbody segment that has been listed for a pollutant
				that is likely to be discharged from the construction site including, but not
				limited to sediment, may also be required to register under this
				Chapter.
(6) Unless required by
				applicable federal law or State law, and provided the activity is not being
				conducted in support of, in conjunction with, or to prepare for NPDES
				construction activity as defined by this Chapter, the following construction
				activities are not required to register under this Chapter:
(a) Normal silvicultural harvesting and
				associated silvicultural construction practices conducted in accordance with
				Rule 335-6-6-.03 and Rule
				335-6-6-.10 that are not planned
				or performed in immediate advance of, in support of, or as part of, a regulated
				construction activity or development.
1. For
				the purposes of this Chapter, silvicultural construction includes certain
				temporary nonmetallic/noncoal material acquisition or borrow activity that is
				reasonably considered as an extension of forest road construction activity.
				Generally, small, temporary material borrow areas for silvicultural local road
				construction are considered part of the normal nonpoint source silvicultural
				activity, including but not limited to, timber harvesting, site preparation,
				tree planting, controlled burning, fertilization and are not required to
				register under this Chapter provided the duration of the disturbance is
				minimized to the extent possible, but in all cases is less than sixty (60)
				days, effective BMPs are fully implemented and regularly maintained to the
				maximum extent practicable prior to, during, and immediately after use of each
				completed increment of the borrow area until the site is reclaimed or effective
				stormwater quality remediation is achieved, and the total active, unreclaimed
				land disturbance is less than five (5) acres in size at all times;
2. In addition, in order for temporary
				material borrow areas for silvicultural local road construction to be
				considered part of the normal nonpoint source silvicultural activity not
				required to register under this Chapter, the disturbance shall be conducted to
				ensure that borrow material is exclusively obtained for construction and
				periodic maintenance of forest roads utilized in silvicultural activities. The
				temporary disturbed area shall be continually graded and reclaimed to within a
				safe operating distance from any high-wall or steep slope and the temporary
				borrow area is used exclusively by a single operator within the scope of the
				operator's own operations. Re-establishment of permanent vegetative cover shall
				be accomplished immediately after active disturbance is completed for each
				disturbed increment, and the active non-graded, non-reclaimed area adjacent to
				the active high-wall shall not exceed one-half acre. The borrow area shall be
				located outside of streamside management zones and outside the designated
				50-year flood plain and the site is located as close as practicable near
				scheduled road construction and maintenance activities to the extent that
				appropriate road fill material is available. Fuel storage tanks/containers
				shall not remain onsite unattended dry/wet crushing/screening or other
				processing shall not be conducted, the borrow activity shall not result in a
				point source discharge to surface waters of the State, and the Department shall
				be notified immediately of any unpermitted discharges or non-compliant
				discharges in order to ensure the protection of water quality;
3. Road construction and maintenance shall be
				for support of normal nonpoint source silvicultural practices only. Material
				borrow activity for construction or maintenance of dual-use or multi-use roads
				used for silvicultural practices but which are also used incidentally for
				access to other types of activities or development is exempt. However, material
				borrow activity for construction or maintenance of dual-use or multi-use roads
				used primarily for access to other types of regulated non-silvicultural
				development, including but not limited to, marinas, barge/rail loading
				facilities, industrial/manufacturing facilities and subdivision developments,
				is not exempt and requires registration under this Chapter;