reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.06 - Shoreline Stabilization And Erosion Mitigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Bulkheads, the placement of rip-rap, and
				other structural shoreline armament shall not be permitted or certified to be
				in compliance with the ACAMP unless it is demonstrated to the satisfaction of
				the Department that:
(a) no fill material
				will be placed in wetlands or submersed grassbeds unless specifically
				authorized pursuant to
				335-8-2-.02;
(b) the structure will be placed at or above
				mean high tide and landward of any wetlands;
(c) the structure will be designed so as to
				allow the normal hydrologic regime to be maintained in wetland areas;
				and
(d) there are no feasible
				non-structural alternatives available including, but not limited to,
				preservation and restoration of dunes, beaches, wetlands, submersed grassbeds,
				and shoreline restoration and nourishment and retreat or abandonment.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.07 - Canals, Ditches, And Boatslips

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Canals constructed for the purposes of
				providing navigable access to an existing or approved water dependent facility
				or Use of Regional Benefit may be permitted or certified to be in compliance
				with the ACAMP.
(2) Construction of
				new canals or expansions of existing canals through wetlands or uplands with
				the purpose or effect of creating new waterfront property, shall not be
				permitted or certified to be in compliance with the ACAMP.
(3) Stormwater drainage ditches may be
				permitted or certified to be in compliance with the ACAMP provided that the
				applicant demonstrates to the satisfaction of the Department that they are
				hydrologically designed and constructed such that a positive stormwater flow
				results, standing water is minimized.
(4) Excavated boatslips may be permitted or
				certified to be in compliance with the ACAMP only in areas where it is
				demonstrated that the construction of a pier and dock will obstruct navigation.
Author:
John C. Carlton
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.08 - Construction And Other Activities On Gulf Front Beaches And Dunes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person shall
				remove primary dune or beach sands and/or vegetation or otherwise alter the
				primary dune system, construct any new structure, or make any substantial
				improvement to any existing structure, on, beneath or above the surface of any
				land located between mean high tide and the construction control
				line.
(2) No person shall construct
				any new structure on, beneath or above the surface of any state owned lands
				located in the following areas:
(a) between
				mean high tide and a line originating at plane coordinate (x = 339,562.58 feet;
				y = 83,758.99 feet) and extending South 77° 59' 16" West in Baldwin
				County;
(b) between mean high tide
				and Alabama Highway 180 between plane abscissas (x = 339,562.58 feet) and (x =
				343,833.777 feet);
(c) in Sections
				2 and 3 of Township 4 South, Range 33 West (Tallahassee Meridian) in Baldwin
				County. No person shall construct any new structure on, beneath or above any
				lands located between the westernmost end of Dauphin Island and a north-south
				plane represented by the abscissa (x = 281,573.2 feet) in Mobile
				County.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.09 - Groundwater Extraction

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Installation of a new well, or alteration of an existing well, for the purposes
				of extracting groundwater at a rate of 50 gallons per minute or greater
				requires a permit from the Department. This provision is applicable to a well
				whose surface location is in the coastal area and one whose surface location is
				not in the coastal area but whose 50 year capture zone extends into the coastal
				area.
(a) An application for a permit to
				construct and operate a well which is subject to these provisions shall
				include:
1. a detailed plan for drilling,
				sampling, and testing the well;
2.
				results of analyses which provide the predicted 50 year capture zone of the
				proposed well at maximum designed pumping capacity;
3. the identification of existing wells,
				which are capable of pumping 50 gallons per minute or more, and their
				respective 50 year capture zones, which are located within one mile of the
				proposed well's 50 year capture zone; and
4. reasonable assurance by the applicant that
				the proposed activity will not impact groundwater.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.10 - Siting, Construction And Operation Of Energy Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All new energy
				facilities located wholly or partially within the coastal area and which
				require a federal license or permit or a state agency permit must also receive
				coastal consistency from the Department prior to any land clearing or
				construction. In addition to the information provided to the federal and state
				permitting agencies, the following supplemental information shall be provided
				to the Department:
(a) a survey of the
				property, encompassing the entire project, prepared by a duly licensed land
				surveyor of the State of Alabama which shows all property boundaries, existing
				topographic features, all existing water courses, any and all areas which have
				been delineated as wetlands, and the proposed location(s) of all improvements
				and facilities;
(b) identification
				of all environmental permits which may be required for construction; discharges
				to water; air emissions; hazardous waste generation; transportation; storage
				and disposal; solid waste disposal; groundwater extraction; etc; and
(c) an indication of the potential impacts to
				the following coastal resources, as applicable:
Water Quality Groundwater Resources
Air Quality Wildlife Habitat
Wetlands and Cultural Resources
Submersed GrassBeds
Beaches and Dunes
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.11 - Commercial And Residential Development

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All new commercial and residential
				developments located wholly or partially within the coastal area which are or
				will be greater than five (5) acres in size and have areas which are or could
				be delineated as wetlands or are adjacent to coastal waters or are intercepted
				by the coastal control line shall apply for a permit pursuant to §
									335-8-1-.11 unless the project
				requires a federal license or permit pursuant to §
									335-8-1-.09. In either case,
				applications shall contain:
(a) a survey of
				the property, encompassing the entire project, prepared by a duly licensed land
				surveyor of the State of Alabama which shows all property boundaries, existing
				topographic features, all existing water courses, any and all areas which have
				been delineated as wetlands, the proposed location of all paved and unpaved
				roads and other improvements, and proposed platting of individual sub-parcels
				and lots;
(b) identification of the
				source or supplier of potable water to the development;
(c) type of wastewater collection and
				treatment system(s);
(d) an
				application for a stormwater permit, or if such permit has already been
				obtained, a copy of the same; and
(e) such other information as may be required
				by the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.12 - Discharges To Coastal Waters

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Permit applicants for new continuous or frequent discharges to coastal waters
				which are greater than 1 million gallons per day, or otherwise classified as a
				major discharge by the Department or EPA Regional Administrator, shall:
(a) characterize the sediments and benthic
				macroinvertebrate community present along the circumferences of two concentric
				circles, one with a radius of 400 feet and the other with a radius of 800 feet,
				both having their origin at the proposed discharge point;
(b) such characterization shall be completed
				prior to the initiation of a discharge and shall be repeated if the discharger
				fails accelerated toxicity testing and is required to initiate a Toxicity
				Reduction Evaluation (TRE) pursuant to the applicable NPDES permit.
1. Upon notification by the Department the
				discharger shall repeat the characterization of the sediments and benthic
				community employing the same sampling locations used in the initial
				characterization.
2. The Department
				shall be provided an analysis of the toxicity test and characterization
				results, to include plans for any necessary corrective action.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER WELL STANDARDS PROGRAM › Chapter 335-9-1 - LICENSING AND CERTIFICATION OF WATER AND WATER WELL CONSTRUCTION STANDARDS › Section 335-9-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
In order to protect the public health and general welfare of
				  the people of the State of Alabama, the Alabama Department of Environmental
				  Management hereby promulgates the following rules and regulations in order to
				  ensure that a pure, sanitary and healthful water supply is provided to the
				  people of the State of Alabama.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											22-22A-5 (1984), 22-22A-8 (1984),
					 22-24-3(d) (1984).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER WELL STANDARDS PROGRAM › Chapter 335-9-1 - LICENSING AND CERTIFICATION OF WATER AND WATER WELL CONSTRUCTION STANDARDS › Section 335-9-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(a) "Board" means
				the Director of the Alabama Department of Environmental Management.
(b) "Director" means the Director of the
				Alabama Department of Environmental Management.
(c) "Drill" means to drill or redrill, bore,
				auger, dig or otherwise construct a water well.
(d) "Driller" means any person who manages or
				supervises the drilling of a water well.
(e) "Log" means a record of the type of
				material or rock penetrated in the drilling of a water well.
(f) "Person" means any individual,
				organization, group, association, partnership, corporation, or any combination
				of them operating a business to drill water wells.
(g) "Sample" means cutting or other fragments
				or rock or soil materials removed from the well.
(h) "Well" means a hole drilled for the
				production of water.
(i) "Shall"
				means a mandatory requirement.
(j)
				"Capping a completed well" means the installing of a secure watertight cover
				sufficient to prevent contamination.
(k) "Capping a well during construction"
				means the installing of a secure temporary cover sufficient to prevent
				contamination.
(l) "Aggregate"
				means sand and/or gravel not to exceed 1/2 inch in diameter.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											22-22A-5 (1984), 22-22A-8 (1984),
					 22-24-3(d) (1984).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER WELL STANDARDS PROGRAM › Chapter 335-9-1 - LICENSING AND CERTIFICATION OF WATER AND WATER WELL CONSTRUCTION STANDARDS › Section 335-9-1-.03 - Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(a) APPLICATION FOR
				A LICENSE TO DRILL A WATER WELL.
(1) Every
				person who proposes to drill a water well in the State of Alabama shall file,
				on or before September 30 of each year, an application for a water well
				driller's license, along with a payment of the annual fee of $200.00.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER WELL STANDARDS PROGRAM › Chapter 335-9-1 - LICENSING AND CERTIFICATION OF WATER AND WATER WELL CONSTRUCTION STANDARDS › Section 335-9-1-.04 - Location Standards

Current through Register Vol. 42, No. 9, June 28, 2024
Every well shall be located so that it is easily accessible,
				  free from flooding from any known source of pollution. The location of the well
				  shall comply with local regulations. The following table is recommended:
Projections or roofs of adjacent building 2 feet
Secondary electrical services 10 feet
Primary electrical services 75 feet
Cess pool or sewage lagoon 150 feet
Septic tank or field lines 100 feet
Barnyard 150 feet
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											22-22A-5 (1984), 22-22A-8 (1984),
					 22-24-3(d) (1984).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER WELL STANDARDS PROGRAM › Chapter 335-9-1 - LICENSING AND CERTIFICATION OF WATER AND WATER WELL CONSTRUCTION STANDARDS › Section 335-9-1-.05 - Materials

Current through Register Vol. 42, No. 9, June 28, 2024
All materials used in the construction of a water well shall
				  have the structural strength to accomplish the purpose for which they are
				  installed.
(a) Casing and liners shall
				be new steel of a minimum wall thickness of Schedule 30 or thermoplastic water
				well casing produced in accordance with ASTM Standard F 480-76, and approved
				for potable water by the National Sanitation Foundation (NSF). Nonporous
				concrete pipe shall be acceptable when grouted to a depth of 20 feet below land
				surface, and the grout shall be introduced at the bottom until it overflows at
				the top or by gravity flow. The grout shall consist of 50% cement and 50%
				aggregate. The upper 20 feet of the hole diameter shall be at least 4-inch
				larger than the O.D. of the concrete casing. All steel casing is to be welded,
				or threaded and coupled; thermoplastic casing shall be joined in accordance
				with ASTM Standard F 480-76.
(b)
				Screen, where required, shall provide adequate open area to transmit the
				desired amount of water from the formation and shall be sized to retain the
				sand or other extraneous material that would make the completed well
				undesirable. It shall be constructed of a material that will not be subjected
				to serious attack by the chemical action of the water in the formation in which
				it is placed. Thermoplastic screens shall be approved by NSF for potable water
				uses.
(c) When required, grout
				shall consist of a ratio of one sack of Portland cement to a maximum of six
				gallons of clean water.
(d) Capping
				of the well shall be such that no contamination can enter the well.
(e) Disinfection of every well shall be
				accomplished by adding a strong chlorine solution such as HTH, Prechlorine, or
				Chlorox, so as to subject the entire well to a 50 ppm solution for at least 12
				hours. It is strongly recommended that all drilling fluids be chlorinated with
				at least 50 ppm chlorine.
Gallons 5 1/4% 10% Sodium 30% Chlorine 70%
Water
_
Chlorox
Hypochlorite
Lime
____
HTH
50 6.5 oz 3.5 oz 1 oz .5 oz
100 13 oz 7 oz 2 oz 1 oz
500 63.5 oz 33 oz 11 oz 5 oz
1,000 127 oz 67 oz 22 oz 10 oz
Remember -- There are 16 oz/lb and 32 fl oz/qt.
(f) No materials may be used in
				the construction of a well that will result in the delivery of water that is
				toxic or has an objectionable odor or taste.
(g) Any person desiring to use materials that
				are not approved herein shall submit the specifications for the materials to
				the Board for approval before they are used in any well.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											22-22A-5 (1984), 22-22A-8 (1984),
					 22-24-3(d) (1984).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER WELL STANDARDS PROGRAM › Chapter 335-9-1 - LICENSING AND CERTIFICATION OF WATER AND WATER WELL CONSTRUCTION STANDARDS › Section 335-9-1-.06 - Construction Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(a)
				Casing.
(1) In every well, the casing shall
				extend from 1 foot above ground level to a suitable impervious layer where it
				shall be properly sealed to prevent the entrance of seep water and other
				extraneous material. In no case shall the length of casing be less than 20
				feet. Where an impervious layer is not encountered above the water-bearing
				zone, the seal shall be affected by sealing 50 feet of the annulus, the upper
				20 feet of which must be grouted. All well with casing greater than 8 inches in
				I.D. (inside diameter) shall be grouted to a depth of 20 feet or more. Wells
				that are to be constructed with less than 20 feet of casing must be approved by
				the County Environmentalist.
(2)
				The minimum casing size in mud rotary wells shall be 4 1/2 inches O.D. If a
				person desires to drill a well with casing of a size smaller than herein
				specified, permission shall be obtained from the County Environmentalist prior
				to commencement of work, and when approved by the County Environmentalist, the
				driller may construct, install, or service a single-string completion well with
				cemented casing and chlorination. This type well shall not be pulled or
				re-screened except in Choctaw County, Act 81-185, and Sumter County, Act
				81-186; it shall be sealed or plugged according to Rule .06 (g).
(3) Air rotary drilling equipment used in the
				developing of ground water shall be equipped with a pump for the injection of a
				minimum of 3 gallons per minute of water. This injection equipment shall be
				used during the course of drilling for water.
(4) Casing may be driven, lowered, or
				installed in any manner which will affect a continuous watertight installation.
				In those wells where there is an annulus, it shall be filled with puddled clay
				and/or cement grout in the manner prescribed in Rule .06 (a) (1).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this Chapter is to protect the public health
				  and welfare and prevent pollution by classifying all water and wastewater
				  treatment plants, water distribution systems, and public wastewater collection
				  systems, and by establishing a program for the certification of the competency
				  of operators to operate such plants and systems. The provisions of this Chapter
				  shall not be applicable to the owner or operator of a water treatment plant,
				  water distribution system, wastewater treatment plant or public wastewater
				  collection system that does not offer service to the public
				  generally.
Authors:
Joe Alan Power, Aubrey White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purposes of this Chapter, the following words and
				  phrases, unless a different meaning is plainly required by the context, shall
				  have the following meanings:
(a)
				"Activated sludge process plant" means a wastewater treatment plant employing a
				biological wastewater treatment process in which a mixture of wastewater and a
				coagulum or gel composed of bacteria and other microorganisms is agitated and
				aerated in the presence of a sufficient concentration of dissolved oxygen so
				that the gel can sorb dissolved and finely divided organic particles from the
				wastewater. The gel or sludge is subsequently separated by sedimentation and is
				wasted or returned to the aeration process as required. Activated sludge
				consists of, but is not limited to, the following:
1. Conventional activated sludge;
2. Extended aeration;
3. Complete-mix aerated lagoon; and
4. Contact stabilization.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.03 - Classification Of Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Wastewater treatment plants, water treatment plants, water distribution
				systems, and public wastewater collection systems are classified by grades in
				accordance with the following:
GRADE
DESCRIPTION
SIZE
WASTEWATER TREATMENT PLANTS
I Wastewater treatment lagoon ALL
II Trickling filter and/or biological contactor process plant
				  0 to .999 MGD
Activated sludge process plant 0 to .999 MGD
III Trickling filter and/or biological contactor process
				  plant 1.000 to 15.000 MGD
Activated sludge process plant 1.000 to 5.000 MGD
IV Trickling filter and/or biological contactor process plant
				  >15.000 MGD
Activated sludge process plant >5.000 MGD
PUBLIC WASTEWATER COLLECTION SYSTEMS
I(C) Public wastewater collection systems ALL
WATER TREATMENT PLANTS
II Basic groundwater treatment plants ALL
III Advanced groundwater treatment plants ALL
IV Surface water treatment plants ALL
WATER DISTRIBUTION SYSTEMS
I Water distribution system ALL
(2) Any water or wastewater treatment plant
				having a combination of treatment processes which are in different grades shall
				be classified according to the process associated with the higher
				grade.
(3) The Director may change
				the classification of a particular water distribution system, water treatment
				plant or wastewater treatment plant when there are unusual factors affecting
				the quality of the source, the complexity of treatment or distribution,
				potential health hazards, or compliance history. Upon changing the
				classification, the Director shall notify the owner of the affected water
				distribution system, water treatment plant or wastewater treatment plant of the
				change in classification and shall give the owner a reasonable time to comply
				with the requirements this Chapter.
Authors:
Joe Alan Power, Aubrey
				  White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.05 - Reciprocal Certificates

Current through Register Vol. 42, No. 9, June 28, 2024
Certificates may be issued in a comparable classification to
				  a person who holds a current certificate from another state by examination,
				  provided the requirements of that state are comparable to or higher than those
				  of the Department. Reciprocity will only be granted to operators applying from
				  states which reciprocate with the Department. The issuance of a reciprocal
				  certificate is contingent upon submission of an application to the Department,
				  nonrefundable fees required by Rule
				  335-1-6-.06, a copy of the
				  present certificate and other supporting documentation required by the
				  Department.
Authors:
Joe Alan Power, Aubrey
				  White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.06 - Certification By Examination

Current through Register Vol. 42, No. 9, June 28, 2024
Persons not entitled to certification under Rule
				  335-10-1-.05 shall be issued a
				  certificate indicating the classification of water treatment plant, wastewater
				  treatment plant, public wastewater collection system, or water distribution
				  system which the person is qualified to operate upon fulfilling the two-step
				  application process as provided by Rules
				  335-10-1-.07 and
				  335-10-1-.08.
Authors:
Joe Alan Power, Aubrey
				  White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.07 - Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
The first step in the certification process is the written
				  examination. A person wishing to apply for examination must submit a complete
				  application to the Department, together with the appropriate fees required by
				  Rule 335-1-1-.06. The applicant must
				  have a high school diploma from a school accredited by a nationally recognized
				  accrediting agency or must have successfully passed the Tests of General
				  Educational Development (GED) developed by the American Council on Education's
				  GED Testing Service.
(1) Examinations
				shall reflect the minimum knowledge and skills required to competently operate
				the various classifications of water treatment plants, wastewater treatment
				plants, water distribution systems, and public wastewater collection
				systems.
(2) The Department shall
				hold at least one examination each year for the purpose of examining candidates
				for certification, at a time and place designated by the Department. The
				Department reserves the right to limit the number of examinees for each
				scheduled exam based on space limitations. The examinees will be scheduled on a
				first-come first-serve basis.
(3)
				The minimum passing grade shall be seventy percent. Each applicant shall be
				notified in writing of the results of his examination. All examinations shall
				remain the property of the Department.
(4) Upon passing the examination, the
				operator intern must obtain the necessary working experience as detailed in
				335-10-1-.08 in order to become
				certified. If the necessary working experience is not obtained within five
				years of passing the examination, the operator intern must retest.
(5) The application and fees for examination
				must be received by the Department no later than 30 days prior to the scheduled
				examination.
(6) The Director may
				deny an application for cause, including violations of this Chapter.
Rule
					 335-10-1-.08, Examinations, was
					 renumbered to 335-10-1-.07, Examinations, as per certification filed October
					 21, 2004; effective November 25, 2004.
Author:
Aubrey White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.09 - Re-Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person who
				fails to pass one examination for a particular classification of water
				treatment plant, water distribution system, wastewater treatment plant, or
				public wastewater collection system may take another regularly scheduled
				examination for the same classification of plant or system provided a new
				application is submitted together with fees in accordance with Rule
				335-10-1-.07.
(2) A person who fails to pass two
				examinations for a particular classification of water treatment plant, water
				distribution system, wastewater treatment plant, or public wastewater
				collection system may take another regularly scheduled examination for the same
				classification of plant or system provided a new application is submitted
				together with fees in accordance with Rule
				335-10-1-.07 and provided that he
				submits adequate proof that he has successfully completed 8 hours of additional
				training programs as approved by the Department.
Author:
Joe Alan Power, Aubrey
				  White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.10 - Continuing Education Requirement For Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All certified operators must demonstrate
				continuing education activities and file these activities along with the
				renewal application and nonrefundable fee for certification renewal. Training
				activities must be attended within the three year period prior to the
				expiration date except for carry over credit.
(2) Operators with one water certificate must
				demonstrate 24 continuing education hours (CEH) of actual training in the water
				field. Wastewater operators with one certificate must demonstrate 24 CEH
				training in the wastewater field. Training activities can only be counted once.
				Operators with more than one certificate must obtain 15 CEH of training in the
				proper field for each certificate for the renewal period. An operator can only
				hold one water and one wastewater certificate.
(3) A maximum of 10 CEH of training per
				certificate may be carried over into the next three year renewal
				period.
(4) Continuing education
				training may be obtained by the following means:
(a) Association and/or Department sponsored
				short-courses, and seminars;
(b)
				Successfully completing or auditing college sponsored courses, and
				seminars;
(c) Approved
				correspondence and online courses;
(d) In-house or regional courses taught by
				experienced certified operators or qualified instructors;
(e) Teaching or instructing as described in
				(a) through (d) above.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.11 - Certificate Expiration And Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certificates issued under Rule
				335-10-1-.05, or
				335-10-1-.06 shall remain in
				effect three years unless revoked or suspended by the Director as provided in
				Rule 335-10-1-.12.
(2) A complete application for certificate
				renewal must be received by the Department at least thirty days prior to the
				expiration date of the certificate sought to be renewed. Failure to submit an
				application for certificate renewal as provided in this paragraph may result in
				a lapse of an operator's certification and may make it unlawful for such
				operator to continue to operate a water treatment plant, water distribution
				system, wastewater treatment plant, or public wastewater collection system
				until a renewal certificate is issued.
(3) Operators who fail to submit a renewal
				application 30 calendar days prior to certificate expiration date must file a
				late application and pay a late fee in addition to the certification fee. All
				late applications must be received by the Department within 180 calendar days
				of the certificate expiration date. If renewed late, the new certificate will
				become effective on the date processed by the Department, with an expiration
				date of three years after the expiration date of the previous certificate.
				During the period of time between the expiration of the previous certificate,
				and the effective date of the new certificate, the operator may not practice as
				a certified operator.
(4) An
				application for certificate renewal shall be on a form prescribed by the
				Department. An application shall not be complete without payment of fees
				required by Rule
				335-1-6-.06.
(5) The Director may deny an application for
				cause, including violations of this Chapter.
Authors:
Joe Alan Power, Aubrey White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.12 - Revocation Of Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
Following a hearing before the Director or his designated
				  representative, the Director may revoke or suspend a certificate if it is found
				  that the operator:
(a) Has practiced
				fraud or deception in obtaining the certificate or in the performance of his
				duties as an operator;
(b) Has not
				used reasonable care, judgment, or the application of his knowledge or ability
				in the performance of his duties;
(c) Is incompetent or unable to perform his
				duties as an operator;
(d) Has
				knowingly submitted incorrect or falsified operational data;
(e) Has consistently failed to submit
				operational data as required by the department; or
(f) Has violated the requirements of this
				Chapter.
Authors:
Joe Alan Power, Aubrey
				  White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.13 - Violations

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may initiate proceedings to enforce the
				  requirements of
Code of Ala. 1975
, §§
									22-25-1 to
				  22-25-15, any rule in this chapter
				  or any condition of any certification or provision of any order. Such
				  proceedings may include:
(a) The
				issuance of a notice of violation;
(b) The issuance of an administrative order
				directing compliance;
(c) The
				issuance of an administrative order assessing a civil penalty of not less than
				$100.00 for each violation and each day of continued violation and not more
				than $25,000.00 for each violation and each day of continued
				violation.
(d) The commencement of
				a civil action to enjoin any threatened or continuing violation;
(e) The commencement of a civil action to
				assess a civil penalty of not less than $100.00 for each violation and each day
				of continued violation and not more than $25,000.00 for each violation and each
				day of continued violation.
(f) The
				commencement of a criminal action after written notice of the violation.
Author:
Joe Alan Power, Aubrey
				  White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.14 - Certification Required For Operation

Current through Register Vol. 42, No. 9, June 28, 2024
Wastewater treatment plants, water treatment plants, water
				  distribution systems, and public wastewater collection systems classified in
				  335-10-1-.03 must be operated by
				  an operator holding a valid certificate of the same grade or higher. Any person
				  without a valid certificate can only work under the direct supervision of a
				  properly certified operator, and may not work a shift as specified in
				  335-10-1-.04 unless a properly
				  certified operator is present to supervise the work at all times.
Author:
Aubrey White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-10-1 - CLASSIFICATION OF WATER AND WASTEWATER TREATMENT PLANTS, WATER DISTRIBUTION SYSTEMS, AND PUBLIC WASTEWATER COLLECTION SYSTEM; CERTIFICATION OF OPERATORS › Section 335-10-1-.15 - Process Control Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
Process control decisions at wastewater treatment plants,
				  water treatment plants, water distribution systems and public wastewater
				  collection systems classified in
				  335-10-1-.03 must be made or
				  supervised by a properly certified operator.
Author:
Aubrey White
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-6,
					 22-22A-8,
					 22-25-11,
					 22-25-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The words and terms used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise.
(a) "Act" means the Federal Water Pollution
				Control Act, 33 USC
				1251 et seq, as amended, November 2002, also
				known as the amended Clean Water Act. Sections 212, 319, and 320 and Title VI
				of the Act pertain to the Clean Water State Revolving Fund. Alabama Act No.
				87-226.
(b) "Affordability
				Criteria" means the empirical number that is generated based on a combination
				of community poverty rate, community unemployment rate and statewide population
				trend.
(c) "Affordability Measure"
				means the empirical number that projects that are above this number are
				considered unaffordable.
(d)
				"Allowable Costs" means those costs that are eligible, reasonable, necessary,
				and allocable to the project; permitted by generally accepted accounting
				principles; and approved by the Department in the assistance
				agreement.
(e) "Applicant" means
				the public body that has submitted an application to the Department for
				financial assistance from the Clean Water State Revolving Fund.
(f) "Application" means the information
				submitted by an applicant to the Department to obtain financial assistance,
				including technical, environmental, and financial information necessary to
				determine the eligibility for financial assistance from the Clean Water State
				Revolving Fund.
(g) "Assistance
				Agreement" means a loan or grant from the Clean Water State Revolving Fund for
				the allowable costs of the project.
(h) "Clean Water State Revolving Fund" or
				"CWSRF" means the Water Pollution Control Revolving Loan Fund created by the
				Act.
(i) "Community" means the
				county or township that most accurately represents the customer base and/or
				residents served by the overseeing loan applicant as justified in writing by
				the applicant.
(j) "Corpus of the
				Fund" means the capital of the program, funds generated for the existence and
				sustenance of the program, a permanent fund kept for the basic expenditures for
				the administration and survival of the program:
1. Appropriations to the CWSRF from the
				Alabama Legislature; and,
2.
				Capitalization grants from the EPA, net of administrative reserves and any
				additional subsidy requirements.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.02 - Eligible Applicants

Current through Register Vol. 42, No. 9, June 28, 2024
Any public entity shall be eligible to apply for financial
				  assistance for planning, design, and construction of eligible projects
				  described in rule
				  335-11-1-.03.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.03 - Eligible Projects

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Funds in
				the Clean Water State Revolving Fund shall be used for:
(a) Planning, design and construction of
				wastewater or stormwater collection, conveyance, and treatment facilities
				established under CWA section 212.
(b) The implementation of nonpoint source
				pollution control management programs established under CWA section
				319.
(c) Projects that implement a
				Comprehensive Conservation Management Plan at an estuary established under CWA
				section 320.
(d) Construction,
				repair or replacement of decentralized wastewater systems that treat municipal
				wastewater or domestic sewage.
(e)
				Water conservation and reuse projects;
(f) Water quality projects at solid waste
				landfills;
(g) Assistance to
				manage, reduce, treat or recapture stormwater of subsurface drainage including
				green roofs and wetland restoration.
(h) Assistance for measures to reduce energy
				consumption for publicly owned treatment works.
(i) Assistance for projects for reusing or
				recycling wastewater, stormwater, or subsurface drainage water.
(j) To the extent funds are made available by
				the Department, refinancing or buying eligible debt obligations of
				municipalities and intermunicipal and interstate agencies within Alabama at or
				below market rates, if the debt obligations were incurred after March 7,
				1985;
(k) Guaranteeing or
				purchasing insurance for a local obligation to improve credit market access or
				reduce the interest rate of the obligations;
(l) Transferring fund assets between the
				Clean Water State Revolving Fund and the Drinking Water State Revolving Fund as
				allowed by the Clean Water Act and the Safe Drinking Water Act;
(m) Providing a source of revenue or security
				for the payment of principal and interest on revenue or general obligations
				bonds issued by the state if the proceeds of the sale of the bonds will be
				deposited in the fund; and
(n) Any
				other use allowable by the United State Environmental Protection Agency and
				consistent with the Act.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.04 - Project Priority List

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall prepare a ranked priority listing of projects for which CWSRF
				funding will be made available.
(2)
				The project priority list shall be included in the Departments Intended Use
				Plan and subject to public notice and a public comment period.
(3) Projects on the priority list shall be
				ranked in descending order of the point rating assigned to each project. In the
				event two or more projects are assigned an identical point rating, such
				projects shall be ranked in accordance with the following criteria: The project
				that serves a community with the lowest median household income shall be ranked
				first. In the event the projects have identical median household incomes, the
				project with the lowest total cost will be ranked first.
(4) Supplemental projects shall be placed at
				the top of priority list regardless of the priority ranking of the initial
				project. In the event that multiple supplemental applications are submitted,
				each will be ranked using the initial amount of priority points assigned in
				comparison to each supplemental application in accordance with
				335-11-1-.04(3).
(5) The priority list shall be divided into a
				fundable and nonfundable, or planning, portion. The list's fundable portion
				shall include those projects anticipated to be funded from the projected
				available CWSRF funds. The list's nonfundable portion shall include all
				projects that are eligible but sufficient funding is not available from the
				CWSRF at the time the priority list is prepared.
(6) The Department may remove a project from
				the priority list at any time provided that one or more of the following
				conditions is met:
(a) The project has been
				fully funded;
(b) The project is
				not ready to proceed as determined by the Department; or,
(c) The project is ineligible under the
				provisions of this chapter or the rules and grant conditions of the
				EPA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.05 - Criteria For Ranking

Current through Register Vol. 42, No. 9, June 28, 2024
The Department shall determine the priority for funding
				  eligible projects to be included on the project priority list and included in
				  the Departments Intended Use Plan and based on the criteria established in
				  33 USC
				  1296; and,
(a) whether the project promotes compliance
				with the Clean Water Act;
(b) the
				financial capability of the applicant;
(c) improvement to water quality;
(d) energy and water efficiency;
				and,
(e) sustainability of the
				project.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-34-1,
					 22-34-2,
					 22-34-3.