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-.26 - Discharge And Receiving Water Evaluation Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is possible and allowable to achieve
				and maintain compliance with the requirements of this Chapter without
				conducting any discharge sampling provided a QCI, QCP or a qualified person
				under the direct supervision of a QCP documents and certifies on each
				inspection report or other report/log that sampling is not necessary to
				properly evaluate and document the effectiveness or deficiencies of BMP
				implementation to ensure compliance with this Chapter. It remains the
				responsibility of the operator to be continually aware of and to effectively
				evaluate the quality of the stormwater being discharged. Lack of knowledge
				regarding stormwater discharge quality or receiving water quality shall not
				constitute a valid defense with regard to deficiencies in BMP implementation
				and maintenance, negative impacts to water quality, or other noncompliance with
				the requirements of this Chapter.
(2) It remains the responsibility of the
				operator to document and ensure that effective BMPs are properly designed,
				implemented, and consistently maintained utilizing recognized effective
				industry standard practices to prevent/minimize to the maximum extent
				practicable discharges of pollutants in stormwater runoff.
(3) Stormwater discharge flow can be
				determined by direct measurement, calculation, or other generally accepted
				scientific method by a QCI, QCP or a qualified person under the direct
				supervision of a QCP.
(4)
				Precipitation shall be measured and recorded in tenths of an inch by the
				operator or an individual under the direction of the operator, using continuous
				recorders, daily readings of an onsite precipitation gauge, or daily readings
				of an offsite precipitation gauge located adjacent to or in close proximity to
				the facility.
(5) Receiving Water
				Turbidity Monitoring And Limitations
(a) A
				QCI, QCP, or a qualified person under the direct supervision of a QCP shall
				inspect as necessary, and if needed, conduct sampling, during NPDES
				construction activity, monitoring upstream and downstream turbidity after
				reasonable opportunity for mixing has been afforded of all affected
				watercourse(s) to ensure protection of water quality.
(b) It is possible and allowable to achieve
				and maintain compliance with the requirements of this Chapter without
				conducting any instream turbidity or other instream sampling provided a QCI,
				QCP, or a qualified person under the direct supervision of a QCP documents and
				certifies on any inspection report or other report/log that instream sampling
				is not necessary to properly evaluate and document the effectiveness or
				deficiencies of BMP implementation and that discharges are not causing or
				contributing to a contravention of Alabama water quality standards. It remains
				the responsibility of the operator to be continually aware of and to
				effectively evaluate instream water quality.
(c) Background or upstream turbidity for
				discharges to a municipal separate storm sewer system (MS4) or where the NPDES
				construction site is the headwater of the receiving water shall be determined
				from offsite drainage entering the site and/or from drainage areas or waters
				near the site which do not receive discharges from the facility, or are not
				impacted by the facility or a similarly situated or type facility, acceptable
				to the Department.