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-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions
				of this Chapter are applicable to the construction, operation, maintenance,
				repair, and closure of cattle, swine, poultry, fowl, dairy, stockyard, auction
				or buyer yards, farms, facilities, or operations, and any other AFOs or
				facilities with wild or domesticated animals designated by the Director or his
				designee, and their associated waste management and land application systems
				located wholly or partially within the State of Alabama.
(2) Unless specifically excluded in writing
				by the Director from the administrative requirements of this Chapter pursuant
				to Rule 335-6-7-.07(5),
				and in accordance with applicable requirements of the CWA and NPDES program,
				the requirements of this Chapter are applicable to all new and existing AFOs in
				the State.
(3) Any AFO may be
				required to register under this Chapter or be required to obtain an NPDES
				Individual permit or appropriate General permit authorization in writing by the
				Director or his designee for reasons that include but are not limited to the
				location of the facility, size of the facility, discharge status of the
				facility, and compliance history of the owner/operator.
(4) Unless required in writing by the
				Director, AFOs that are not considered CAFOs pursuant to Rule
				335-6-7-.10 are not required to
				apply for and obtain Registration from the Department as required by this
				Chapter.
(5) Chapter Modification
				And Public Participation
(a) The Director or
				his designee shall cause to be published a Public Notice with a comment period
				of not less than 30 days to solicit public participation and comment and to
				schedule a Public Hearing according to procedures described in Rule
				335-6-6-.21 regarding the content
				of, implementation of, and compliance with provisions herein, prior to the
				completion of the first five year term beginning with the effective date of
				this Chapter, and at least once every five years after the Public Notice
				referenced above and each subsequent Public Notice is held. After review of
				comments received during the public participation process, and no later than
				120 days after the close of the public comment period, the Director or his
				designee shall prepare a written Response To Comments addressing comments
				received during the public participation process and shall make a determination
				in writing regarding the status of this Chapter and of the need, if any, to
				initiate procedures pursuant to
Code of Ala. 1975
,
				§§
										41-22-1 through
				41-22-27, as amended, to modify
				this Chapter to ensure that the requirements of this Chapter are in accordance
				with the requirements of the AWPCA, CWA, and regulations promulgated pursuant
				thereto. Where the Director or his designee has initiated procedures to modify
				this Chapter as set forth in this Rule, the Director or his designee shall
				provide the proposed modifications to the Regional Administrator, United States
				Environmental Protection Agency, for comment, objection, or recommendation, for
				a period of time not less than 90 days.
(b) The Director or his designee shall cause
				to be published a Public Notice with a comment period of not less than 30 days
				according to procedures described in Rule
				335-6-6-.21 to inform the public
				regarding the Response To Comments and the Director's or his designee's
				determination regarding the need, if any, to initiate rulemaking procedures to
				modify this Chapter as described in (a) above. The Public Notice shall include
				information to inform the public how to obtain in writing the procedures for
				the public to petition the Department to initiate procedures in accordance with
				Chapter 335-2-2 to modify this Chapter if the Director or his designee
				determines, after consideration of comments or other information received
				during the public participation process, that modification of this Chapter by
				the Department is not necessary.
(c) Where the Director or his designee has
				initiated the procedures within the prescribed periods set forth in paragraph
				(a), the provisions of this Chapter continue in force until modified or
				repealed pursuant to applicable provisions of
Code of Ala.
				1975
, §§
										41-22-1 through
				41-22-27, as amended. Pursuant to
				paragraph (b), provisions proposed to be modified or repealed shall continue in
				force until the effective date of any modification or repeal and any proposed
				new provision shall apply commencing with the effective date of the new
				provision.
Author:
Richard Hulcher