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-.25 - Site Completion, Reclamation, Effective Stormwater Quality Remediation, And Termination Of Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon completion of construction, and
				reclamation or effective stormwater quality remediation at an NPDES
				construction site or noncoal mining site registered, or required to be
				registered, under this Chapter, the operator shall submit to the Department a
				complete and correct request for registration termination, including applicable
				QCP certifications and if required by the Department, photographs and
				monitoring data for the site. A request shall be prepared and certified by a
				QCP consistent with the requirements of this Chapter, the requirements of the
				regulations promulgated pursuant to the AWPCA, and any additional conditions
				required by the Department to ensure to the maximum extent practicable the
				continued protection of water quality. The request shall be submitted in a
				format acceptable to the Department.
(2) Unless the operator is notified by the
				Department within 30 days of receipt that the request has not been granted, in
				total or in part, the request for termination is considered granted provided
				the operator complies with, and the construction site remains in full
				compliance with, all provisions of this Chapter. It is the responsibility of
				the operator to ensure that information submitted in the request for
				termination, including any attachments, is true, complete, and accurate, and to
				verify receipt of a complete and correct request for termination by the
				Department. It remains the responsibility of the operator to submit and verify
				receipt by the Department any corrected or additional information to complete
				the request for termination, if required by the Department. Failure to submit a
				complete and correct request for termination and ensure that the construction
				site remains in full compliance with all provisions of this Chapter may result
				in denial of the request for termination.
(3) The request for termination shall be in a
				format acceptable to the Department, and shall include:
(a) Certification from the operator, and a
				QCP or a qualified person under the direct supervision of a QCP, including if
				needed, photographs, documenting that the site has in fact been properly
				completed in accordance with the requirements of this Chapter;
(b) Confirmation that the stormwater
				discharges associated with construction activity have been eliminated,
				effective reclamation or stormwater quality remediation has been achieved,
				permanent vegetation has been established, or the operator no longer has
				operational control of the site;
(c) If applicable, confirmation by the
				operator stating in detail the reason(s) that the operator may not have
				operational control, to include any information required by the Department,
				including but not limited to, property deeds, bill-of-sale, contracts, legal
				affidavits, correspondence and detailed information regarding the identified
				succeeding operator. It remains the responsibility of the operator to submit
				and verify receipt by the Department of required information. Loss of
				operational control does not relieve the operator from liability and
				responsibility for compliance with the provisions of this Chapter until the
				complete and correct request for termination is received by the Department.
				Failure to submit a complete and correct request for termination and ensure
				that the construction site remains in full compliance with all provisions of
				this Chapter may result in denial of the request for termination. Sale or
				transfer of operational responsibility for the site by the operator prior to
				the succeeding operator obtaining registration required by this Chapter, does
				not relieve the registrant from the responsibility to comply with the
				requirements of this Chapter;
(d)
				Certification, and documentation if required by the Department, that
				inspections required by this Chapter were performed by a QCI, QCP, or a
				qualified person under the direct supervision of a QCP.
(e) Certification, and documentation if
				required by the Department, that QCIP continuing education training was
				completed if required by this Chapter.
Author:
Richard Hulcher