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-.35 - Other Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Operators of NPDES construction sites shall at all times properly operate and
				maintain all BMPs, facilities, systems of treatment and control, and associated
				appurtenances which are installed or used by the operator to achieve compliance
				with the conditions of this Chapter. Proper operation and maintenance includes
				effective performance, adequate funding, proper completion of logs/reports,
				maintenance of records, and adequate laboratory and process controls, including
				appropriate quality assurance procedures, adequate staff, and prerequisite and
				annual training requirements as described in Rule
				335-6-12-.19. Proper operation
				and maintenance includes the operation of backup or auxiliary facilities or
				similar systems when necessary to achieve compliance with the requirements of
				this Chapter.
(2) Any person who
				falsifies, tampers with, or knowingly renders inaccurate or inoperable any
				equipment, monitoring device, record, method, or other activity,
				responsibility, or practice required to be performed or maintained under this
				Chapter may be punished by fines and/or imprisonment as provided by State and
				federal law.
(3) Bypass - Any
				bypass is subject to the requirements of Rule
				335-6-6-.12(m).
(4) Upset - Any upset is subject to the
				requirements of Rule
				335-6-6-.12(n).
(5) Property Rights, and Other Rights and
				Responsibilities
(a) Registration approval
				under this Chapter does not convey any property rights in either real or
				personal property, or any exclusive privileges, nor does it authorize any
				injury to persons or property or invasion of other private rights, or any
				infringement of federal, State, or local laws or regulations, nor does it
				authorize or approve the construction of any physical structures or facilities
				or the undertaking of any work in any waters of the State or waters of the
				United States.
(b) Except as
				expressly provided by this Chapter, liability and responsibility for compliance
				with the requirements of this Chapter are not delegable by contract or
				otherwise. The operator shall ensure that any partner, consultant, agent,
				contractor, subcontractor, or other person employed by, under contract, paid a
				salary by, or under the direction/control of the operator complies with the
				requirements of this Chapter. Failure of a QCI, QCP, qualified person under the
				direct supervision of a QCP, or any other person under contract to perform or
				inform the operator shall not be considered a valid defense in any enforcement
				action and shall not stay any requirement of this Chapter. Violations resulting
				from the actions of such person shall be considered violations of this Chapter
				and may subject the operator to enforcement action.
(c) Except as otherwise provided by Alabama
				law, issuance of registration under this Chapter does not modify in any way an
				operator's legal responsibility or liability, to apply for, obtain, or comply
				with other applicable ADEM, federal, State, or local government permits,
				authorizations, registrations, ordinances, regulations, certifications,
				licenses, or other approvals, not regulated by this chapter prior to commencing
				or continuing construction disturbance regulated by this Chapter.