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-.32 - Other Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) AFO
				owners/operators shall at all times properly operate and maintain all
				facilities and systems of treatment and control (and related appurtenances)
				which are installed or used by the owner/operator to achieve compliance with
				the conditions of this Chapter. Proper operation and maintenance includes the
				operation of backup or auxiliary facilities or similar systems only when
				necessary to achieve compliance with the conditions of this Chapter. Proper
				operation and maintenance also includes the requirements for maintaining
				adequate staff to properly operate the facility and for registrants to conduct
				prerequisite and annual training as described in Rule
				335-6-7-.18.
(2) Any person who falsifies, tampers with,
				or knowingly renders inaccurate any monitoring device, record, or method
				required to be maintained under this Chapter shall, upon conviction, be
				punished by fines and/or imprisonment as provided by State and federal
				law.
(3) Bypass
(a) Any bypass is prohibited except as
				provided in (b) and (c) below:
(b)
				A bypass is not prohibited if:
1. It does not
				cause any applicable discharge limitation specified in this Chapter to be
				exceeded or cause or contribute to a violation of an applicable Water Quality
				Standard; and
2. It is necessary
				for essential maintenance of a treatment or control facility or system to
				assure efficient operation of such facility or system; and
3. The AFO owner/operator submits a written
				request for authorization to bypass to the Direct or his designee or at least 5
				days prior to the proposed bypass, the owner/operator is granted such
				authorization by the Director or his designee, and the owner/operator complies
				with any conditions imposed by the Director or his designee; and
4. Approval of the request is consistent with
				the requirements of this Chapter; and
5. The AFO owner/operator monitors the
				discharge resulting from such bypass at a frequency, at least daily, or
				according to an alternate schedule as required by the Director or his designee,
				sufficient to prove compliance with applicable discharge limitations and
				requirements of this Chapter; and
6. The facility has been designed,
				constructed, operated, and regularly maintained in a manner that meets or
				exceeds NRCS technical standards and guidelines.
(c) A bypass is not prohibited and need not
				meet the requirements and limitations of this Chapter if:
1. It is unavoidable to prevent loss of life,
				personal injury, or severe property damage; and
2. There are no feasible alternatives to the
				bypass, such as the use of auxiliary treatment facilities, retention of
				untreated wastes, or maintenance during normal periods of equipment downtime
				(this condition is not satisfied if adequate back-up equipment should have been
				installed in the exercise of reasonable engineering judgment to prevent a
				bypass which occurred during normal periods of equipment downtime or preventive
				maintenance); and
3. The AFO
				owner/operator submits a written request for authorization to bypass to the
				Direct or his designee or at least ten (10) days prior to the anticipated
				bypass (if possible) or if not possible, immediately notifies the Department
				telephonically or by facsimile and notifies the Department in writing, but in
				no case later than 48 hours after the bypass stating the valid reasons why
				prior notification could not be submitted, the owner/operator is granted such
				authorization, and the owner/operator complies with any conditions imposed by
				the Director to minimize any adverse impact on human health or the environment
				resulting from the bypass; and
4.
				The AFO owner/operator monitors the discharge resulting from such bypass as
				required by this Chapter at least daily or according to an alternate schedule
				as required by the Director or his designee; and
5. The facility has been designed,
				constructed, operated, and regularly maintained in a manner that meets or
				exceeds NRCS technical standards and guidelines.
(d) The owner/operator has the burden of
				establishing that each of the conditions of b. or c. above have been met to
				qualify for an exception to the general prohibition against bypassing contained
				in a. above and an exemption, where applicable, from any discharge limitation
				or requirements specified in this Chapter.