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-.06 - Compliance With NPDES Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Registration under this Chapter constitutes NPDES permit coverage as provided
				in Chapter 335-6-6. Operators shall comply with all provisions of this Chapter,
				applicable provisions of the NPDES permit program as described in Chapter
				335-6-6, and other applicable provisions of ADEM Administrative Code Division
				335-6.
(2) Any noncompliance with
				this Chapter constitutes a violation of this Chapter, Alabama NPDES rules, and
				the AWPCA, and is grounds for enforcement action, including termination or
				denial of registration, and/or for requiring the operator or registrant to
				apply for and obtain an individual NPDES permit.
(3) It shall not be a defense for an operator
				subject to an enforcement action that it would have been necessary to halt or
				reduce construction/disturbance activity or the permitted activity in order to
				maintain compliance with the conditions of this Chapter. Upon reduction in
				effectiveness, loss, or failure of a treatment facility or BMP, the operator
				shall, to the extent necessary to maintain compliance with this Chapter,
				control/suspend/cease construction/discharge until the construction BMP/control
				is restored or an effective alternative BMP or method of effective treatment is
				provided.
(4) The operator shall
				take all reasonable steps to prevent and/or minimize, to the maximum extent
				practicable, any discharge in violation of this Chapter or which has a
				reasonable likelihood of adversely affecting the quality of groundwater or
				surface water receiving the discharge(s).
(5) This Chapter may be both greater in scope
				and more stringent than required by federal law. Enforcement authority for
				conditions in this Chapter which constitute greater scope of coverage than
				required by Federal law are not part of the federally approved NPDES program
				and therefore are not subject to EPA oversight. The Director retains final
				authority regarding questions or disputes related to administrative procedures,
				technical determinations, and interpretation or meaning of the requirements of
				this Chapter, and as otherwise provided by law.
(6) Any person who knowingly omits or ignores
				required or pertinent information, or makes any false statement,
				representation, or certification in any record or other document submitted or
				required to be maintained under this Chapter, including monitoring reports or
				reports of compliance or noncompliance, shall be subject to penalties as
				provided by the AWPCA.
(7) Except
				as provided by the bypass and upset conditions contained in this Chapter,
				nothing in this Chapter shall be construed to relieve the operator of civil or
				criminal liability under the AWPCA for noncompliance with any term or condition
				of this Chapter.
(8) The filing of
				a request by the operator for any action such as a request for termination,
				submittal deadline extension, or application for an individual permit, or any
				other action, does not stay any requirement of this Chapter.
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.