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-.04 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
				AFOs, regardless of size or registration status, must maintain adequate records
				to document compliance with this Chapter and shall fully implement and
				regularly maintain comprehensive waste management system Best Management
				Practices (BMPs) to the maximum extent practicable which meet or exceed NRCS
				technical standards and guidelines to prevent and minimize discharges of
				pollution during construction and operation. Appropriate pollution
				abatement/prevention facilities and structural and nonstructural BMPs, or
				Department approved equivalents, must be fully implemented prior to and
				concurrent with commencement of regulated activities and regularly maintained
				during operation as needed at the facility to meet or exceed NRCS technical
				standards and guidelines and ADEM requirements until closure is approved by the
				Director or his designee. Failure to fully implement and regularly maintain
				BMPs for the protection of water quality and minimization of odors to the
				maximum extent practicable may subject the owner/operator of the AFO to
				appropriate enforcement action.
(2)
				All AFO owners/operators shall regularly inspect and evaluate their facility(s)
				to ensure compliance with provisions of this Chapter. Each owner/operator of an
				AFO that is also a defined CAFO or that may meet the criteria for designation
				as a CAFO under this Chapter shall notify the Director or his designee of their
				status and register. Each CAFO owner/operator shall implement and maintain an
				approved WMSP and submit formal certification/evaluation as required by this
				Chapter. Each owner/operator of an AFO that has a question or is unsure
				regarding their status under this Chapter shall contact the Director or his
				designee for clarification of their status.
(3) Except as provided otherwise by this
				Chapter and approved by the Director or his designee in writing, after
				September 30, 1999, continued operation of CAFO facilities existing after April
				1, 1999 who have not submitted a complete and correct application or Notice of
				Registration (NOR) for coverage under a valid NPDES Registration, General
				permit (if issued), or Individual permit, are prohibited. Except as provided
				otherwise by this Chapter and approved by the Director or his designee in
				writing, after April 1, 1999, construction of, or commencement of regulated
				activity, at proposed CAFO facilities who have not submitted a complete and
				correct application or NOR and have not been granted coverage under a valid
				NPDES Registration, General permit, or Individual permit, and by the Director
				or his designee, is prohibited.
(4)
				Construction and operation of, and discharges from, CAFO facilities who have
				had coverage terminated or have been denied coverage under a valid NPDES
				Registration, General permit, or Individual permit, are prohibited.
(5) As used in this Chapter:
(a) Words in the masculine gender also
				include the feminine and neuter genders; and
(b) Words in the singular include the plural
				and words in the plural include the singular; and
(c) Words that are capitalized include
				non-capitalized and non-capitalized words include capitalized.