Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-7 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) BEST MANAGEMENT PRACTICES, REGISTRATION REQUIREMENTS, TECHNICAL STANDARDS AND GUIDELINES, CONSTRUCTION AND OPERATION REQUIREMENTS, WASTE/WASTEWATER AND WASTE PRODUCT TREATMENT, STORAGE, HANDLING, TRANSPORT, AND DISPOSAL/LAND APPLICATION, NUTRIENT MANAGEMENT, AND ANIMAL MORTALITY MANAGEMENT REQUIREMENTS FOR OWNERS AND OPERATORS OF ANIMAL FEEDING OPERATIONS (AFOS) AND CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS) › Section 335-6-7-.24 - Facility Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Should a
				CAFO or registrant cease operation, the owner/operator shall submit to the
				Department a closure/rehabilitation plan for the waste system storage/treatment
				structure(s) at least thirty (30) days prior to the final day of operation.
				This plan shall be prepared by a QCP to meet or exceed NRCS technical standards
				and guidelines, the requirements of this Chapter, and the requirements of the
				AWPCA, CWA, and regulations promulgated pursuant thereto, and additional
				conditions required by the Director or his designee to ensure the protection of
				water quality, and shall be submitted to the Department in a format acceptable
				to Director or his designee. The closure plan, at a minimum, shall address
				maintenance of the facility until proper closure is completed and certified by
				a QCP and shall include a proposed schedule for closure not to exceed 180 days
				unless an extension is granted in writing by the Director or his
				designee.
(2) The owner/operator
				shall comply with all applicable requirements of this Chapter until such time
				as the facility closure plan is approved by the Department.
(3) The approved closure plan shall be
				completed according to the approved schedule, unless an alternate date is
				approved in writing by the Director or his designee.
(4) Once closure is completed, the
				owner/operator shall submit to the Department certification from a QCP that the
				facility has in fact been properly closed in accordance with the closure plan
				and the requirements of this Chapter.
(5) Failure to fully implement the closure
				plan as required by this Chapter may subject the owner/operator to enforcement
				action to include, but not be limited to, termination of existing registrations
				and denial of future requests for registration.
(6) Where the owner/operator or registrant of
				the facility is unable to ensure proper closure or environmental remediation of
				the facility as required by this Rule due to owner/operator death, liquidation
				bankruptcy, natural disaster, animal disease outbreak, etc., each landowner of
				the property where the facility is located and each person or entity (if
				different from the owner/operator) who owns or has an ownership interest in the
				facility, shall submit and implement the Closure Plan required by this Rule or
				shall submit and implement an effective environmental remediation plan prepared
				by a QCP to meet or exceed NRCS technical standards and guidelines, the
				requirements of this Chapter, and the requirements of the AWPCA, CWA, and
				regulations promulgated pursuant thereto, and additional conditions required by
				the Director or his designee to ensure the protection of water quality, and
				shall be submitted to the Department in a format acceptable to Director or his
				designee.
Author:
Richard Hulcher
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14;
					 22-22A-1 to
					 22-22A-16
et
seq
., as amended.