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-.07 - Requirement To Apply For And Obtain Coverage Under A General Or Individual NPDES Permit, Termination And/Or Denial Of Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Director may require any CAFO
				required to be registered under this Chapter to apply for and obtain an
				Individual NPDES permit as provided in
				40
				CFR 122.28(b)(2)(i) and
				pursuant to Chapter 335-6-6. The Director or his designee will notify the
				owner/operator in writing that an Individual permit application to include the
				appropriate application fee is required. If an owner/operator fails to submit a
				complete and correct Individual NPDES application with applicable application
				fee as required by Chapter 335-1-6 or by the deadline specified by the Director
				or his designee, then any Registration granted to the owner/operator is
				automatically terminated at the end of the day specified for application
				submittal and the owner/operator may be subject to enforcement action. All
				requirements of this Chapter still apply to the AFO/CAFO owner/operator. The
				owner/operator shall be considered in violation of this Chapter, the AWPCA, and
				NPDES requirements each day until the required complete and correct Individual
				permit application is submitted and Individual permit coverage is issued by the
				Department.
(2) When an Individual
				NPDES permit or General permit (if issued) coverage is issued to an
				owner/operator subject to this Chapter, the applicability of this Chapter to
				the registrant is automatically terminated on the effective date of the
				Individual/General permit coverage. When an Individual NPDES permit or General
				permit coverage is terminated or an application is denied to an owner/operator
				otherwise subject to this Chapter, the owner/operator continues to be subject
				to the requirements of this Chapter on and after the date of such termination
				or denial, unless otherwise specified in writing by the Director or his
				designee.
(3) Individual NPDES
				permits or General permit coverage issued to AFO/CAFO facilities shall contain
				at least the same design and operational considerations as described in this
				Chapter and/or an affirmative demonstration of new and/or innovative technology
				or management measures acceptable to the Director or his designee to ensure an
				equivalent level of environmental quality as required by this Chapter. When the
				facility obtains coverage under an Individual permit or General permit (if
				issued) reflecting current regulatory requirements, any previously approved
				Registration will be considered administratively voided and
				superseded.
(4) Initial
				construction (that exceeds 1 acre) of an AFO that is not registered under this
				Chapter, or additional construction (that exceeds 1 acre) at an existing AFO
				that is not registered under this Chapter shall obtain coverage under an NPDES
				construction Notification, Registration, General permit, or Individual permit
				prior to commencement of new or increased construction, land disturbance, or
				associated regulated activity, unless exempted on a programmatic or categorical
				basis from this requirement in writing by the Director or his
				designee.
(5) Termination Or Denial
				Of Registrations
(a) The following may be
				causes for terminating a Registration during its term, for denying a
				Registration issuance application, or denying a Registration reissuance
				application:
1. substantial noncompliance by
				the registrant or applicant with any condition of the Registration or the
				requirements of this Chapter;
2.
				the registrant's or applicant's failure in the Registration application or
				during the Registration issuance or reissuance process to disclose fully all
				relevant facts, or the registrant's or applicant's failure to disclose all
				relevant facts or the registrant's or applicant's misrepresentation of any
				relevant facts, at any time;
3. a
				change in any condition that results in either a temporary or a permanent
				reduction or elimination of any discharge controlled by the Registration [for
				example, facility closure or termination of a discharge by connection to a
				publicly/privately owned treatment works (POTW)];
4. the registrant's or applicant's failure to
				submit a complete Registration, including any additional information requested
				by the Director or his designee and appropriate registration fees;
5. the registrant's or applicant's history of
				substantial noncompliance if determined applicable by the Director;
				or
6. any other relevant factors
				the Director determines to be appropriate.