reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.04 - Antidegradation Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose
				and intent of the water quality standards is to conserve the waters of the
				State of Alabama and to protect, maintain and improve the quality thereof for
				public water supplies, for the propagation of wildlife, fish and aquatic life,
				and for domestic, agricultural, industrial, recreational and other legitimate
				beneficial uses; and to provide for the prevention, abatement and control of
				new or existing water pollution.
(2) Existing instream water uses and the
				level of water quality necessary to protect the existing uses shall be
				maintained and protected. Uses and the water quality to support such uses were
				established through public participation in the initial establishment, and
				periodic review, of water quality standards. Should the Department determine
				that an existing use is not encompassed in the classification of a waterbody,
				that use shall be recognized.
(3)
				Where the quality of the waters exceed levels necessary to support propagation
				of fish, shellfish, and wildlife and recreation in and on the water, that
				quality shall be maintained and protected, except that a new or increased
				discharge of pollutants may be allowed, after intergovernmental coordination
				and public participation pursuant to applicable permitting and management
				processes, when the person proposing the new or increased discharge of
				pollutants demonstrates that the proposed discharge is necessary for important
				economic or social development. In such cases, water quality adequate to
				protect existing uses fully shall be maintained. All new and existing point
				source discharges shall be subject to the highest statutory and regulatory
				requirements, and nonpoint source discharges shall use best management
				practices adequate to protect water quality consistent with the Department's
				nonpoint source control program.
(4) Where high quality waters constitute an
				outstanding National resource, such as waters of national and state parks and
				wildlife refuges and waters of exceptional recreational or ecological
				significance, that water quality shall be maintained and protected.
(5) Developments constituting a new or
				increased source of thermal pollution shall assure that such release will not
				impair the propagation of a balanced indigenous population of fish and aquatic
				life.
(6) In applying these
				policies and requirements, the State of Alabama will recognize and protect the
				interests of the federal government. Toward this end the Department will
				consult and cooperate with the Environmental Protection Agency on all matters
				affecting the federal interest.
Author:
James E. McIndoe
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.05 - General Conditions Applicable To All Water Quality Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The quality of
				any waters receiving sewage, industrial wastes or other wastes, regardless of
				their use, shall be such as will not cause the best usage of any other waters
				to be adversely affected by such sewage, industrial wastes or other
				wastes.
(2) Tests or analytical
				procedures to determine compliance or noncompliance with water quality criteria
				shall be in accordance with the methods specified in
				40 CFR
				136.3 (2003) . Where other tests or
				analytical procedures are found to be more applicable and satisfactory, these
				may be used upon acceptance and approval by the Department.
(3) In making any tests or analytical
				determinations to determine compliance or noncompliance with water quality
				criteria, samples shall be collected in such manner and at such locations
				approved by a duly authorized representative of the Department as being
				representative of the receiving waters after reasonable opportunity for
				dilution and mixture with the wastes discharged thereto. Mixing zones, i.e.,
				that portion of the receiving waters where mixture of effluents and natural
				waters take place, shall not preclude passage of free-swimming and drifting
				aquatic organisms to the extent that their populations are significantly
				affected.
(4) Natural waters may,
				on occasion, have characteristics outside of the limits established by these
				criteria. The criteria contained herein relate to the condition of waters as
				affected by the discharge of sewage, industrial wastes or other wastes, not to
				conditions resulting from natural forces.
(5) All waters, where attainable, shall be
				suitable for recreation in and on the waters during the months of May through
				October except that recreational use is not recommended in the vicinity of
				discharges or other conditions which the Department or the Department of Public
				Health does not control.
(6) Where
				necessary to attain compliance with a new water quality standard, existing
				permits for the discharge of wastewaters shall be modified or reissued to limit
				the discharge of a substance causing or contributing to the failure of a water
				of the state to meet the new standard. Compliance with the modified limit shall
				be required as soon as practical, but in all cases within three years of the
				adoption of the new standard.
Authors:
James E. Mclndoe, Chris L.
					 Johnson
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.06 - Minimum Conditions Applicable To All State Waters

Current through Register Vol. 42, No. 9, June 28, 2024
The following minimum conditions are applicable to all State
				  waters, at all places and at all times, regardless of their uses:
(a) State waters shall be free from
				substances attributable to sewage, industrial wastes or other wastes that will
				settle to form bottom deposits which are unsightly, putrescent or interfere
				directly or indirectly with any classified water use.
(b) State waters shall be free from floating
				debris, oil, scum, and other floating materials attributable to sewage,
				industrial wastes or other wastes in amounts sufficient to be unsightly or
				interfere directly or indirectly with any classified water use.
(c) State waters shall be free from
				substances attributable to sewage, industrial wastes or other wastes in
				concentrations or combinations which are toxic or harmful to human, animal or
				aquatic life to the extent commensurate with the designated usage of such
				waters.
Author:
James E. McIndoe
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.08 - Waste Treatment Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The following treatment requirements apply to all industrial
				  waste discharges, sewage treatment plants, and combined waste treatment
				  plants:
(a) As a minimum, secondary
				treatment, "equivalent to secondary treatment", or alternate levels as provided
				for in rules and regulations promulgated by the U.S. Environmental Protection
				Agency at 40 CFR Part 133 (1990), shall be applied to all waste discharges. The
				term "secondary treatment" is applied to biologically degradable waste and is
				interpreted to mean a facility which at design flow is capable of removing
				substantially all floating and settleable solids and to achieve a minimum
				removal of 85 percent of both the 5-day biochemical oxygen demand and suspended
				solids which, in the case of municipal wastes, is generally considered to
				produce an effluent quality containing a BOD5 concentration of 30 mg/1 and a
				suspended solids concentration of 30 mg/1. Equivalent to secondary treatment
				and alternate levels shall be defined by the U.S. Environmental Protection
				Agency at 40 CFR Part 133 (1990). Disinfection, where necessary, will also be
				required. Waste treatment requirements also include those established under the
				provisions of Sections 301, 304, 306, and 307 of the Federal Water Pollution
				Control Act (FWPCA). In addition, the Department may require secondary
				treatment of biologically degradable industrial wastewaters when the
				application of guidelines published under federal law do not produce a similar
				reduction in the parameters of concern. In the application of this requirement,
				consideration will be given to efficiencies achieved through in-process
				improvements.
(b) In all cases, an
				analysis of water use and flow characteristics for the receiving stream shall
				be provided to determine the degree of treatment required. Where indicated by
				the analysis, a higher degree of treatment may be required.
(c) The minimum 7-day low flow that occurs
				once in 10 years shall be the basis for design criteria.
Authors:
James E. Mclndoe, Lynn Sisk, Chris L.
					 Johnson
Statutory Authority:
Code of
					 Alabama
1975, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.10 - Special Designations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Outstanding National Resource Water
(a)
				Designation:
1. High quality waters that
				constitute an outstanding National resource, such as waters of national and
				state parks and wildlife refuges and waters of exceptional recreational or
				ecological significance, may be considered for designation as an Outstanding
				National Resource Water (ONRW). For waters designated as ONRW, existing water
				quality shall be maintained and protected.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.11 - Water Quality Criteria Applicable To Specific Lakes

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For certain lakes and reservoirs,
				waterbody-specific criteria are appropriate to enhance nutrient management. The
				response to nutrient input may vary significantly lake-to-lake, and for a given
				lake year-to-year, depending on a number of factors such as rainfall
				distribution and hydraulic retention time. For this reason, lake nutrient
				quality targets necessary to maintain and protect existing uses, expressed as
				chlorophyll
a
criteria, may also vary lake-to-lake. Because
				the relationship between nutrient input and lake chlorophyll
a
levels is not always well-understood, it may be necessary to revise the
				criteria as additional water quality data and improved assessment tools become
				available.
(2) The following
				lake-specific criteria apply to the waters listed below, in addition to any
				other applicable criteria commensurate with the designation usage of such
				waters.
(a) The Alabama River Basin
1. Claiborne Lake: those waters impounded by
				Claiborne Lock and Dam on the Alabama River. The lake has a surface area of
				5,930 acres at full pool.
(i) Chlorophyll
a
(corrected, as described in
Standard
Methods for the Examination of Water and Wastewater,. 20th
				   Edition,
1998): the mean of the photic-zone composite
				chlorophyll
a
samples collected monthly April through October
				shall not exceed 15 µg/1, as measured at the deepest point, main river
				channel, dam forebay.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-10 - WATER QUALITY CRITERIA › Section 335-6-10-.12 - Implementation Of The Antidegradation Policy

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The antidegradation policy at Rule
				335-6-10-.04 addresses three
				categories of waters/uses:
(a) High quality
				waters that constitute an outstanding national resource (Tier 3);
(b) Waters where the quality exceeds levels
				necessary to support propagation of fish, shellfish, and wildlife and
				recreation in and on the water (Tier 2); and
(c) Existing instream water uses and the
				level of water quality necessary to protect the existing uses (Tier
				1).
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-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
				this Chapter is to establish a comprehensive Statewide program for stormwater
				management pursuant to the requirements of the National Pollutant Discharge
				Elimination System (NPDES).
(2)
				Registration for NPDES permit coverage under this Chapter establishes
				requirements, including but not limited to, Best Management Practices (BMPs),
				Construction Best Management Practices Plans (CBMPPs), registration
				requirements, technical standards and guidelines, operational requirements,
				stormwater storage, transport, treatment, and discharge management requirements
				for construction activity, noncoal mining sites less than five (5) acres in
				size, and areas associated with these activities described in 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.
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-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions
				of this Chapter are applicable to all new and existing construction activity,
				noncoal mining activity, construction materials management activity and
				associated activities, described in this Chapter, located wholly or partially
				within the State of Alabama.
(2)
				While the requirements of this Chapter do not modify or supercede the
				requirements of Chapter 335-6-9, any requirement contained in Chapter 335-6-9
				shall apply to a noncoal mining site to the extent necessary to protect water
				quality.
(3) Unless specifically
				required by this Chapter or required in writing by the Director, construction
				sites and associated areas that are less than one (1) acre in size that are not
				otherwise considered a defined or designated NPDES construction site, are not
				required to register under this Chapter.
(4) Unless required in writing by the
				Director, maintenance and repair activities at existing roads, utility
				infrastructure, bridges, other facilities or structures, including but not
				limited to, repaving, painting, bridge repair, vegetation maintenance, tree
				replacement, normal maintenance of existing unimproved roads, that are not
				associated with new or additional defined or designated NPDES construction
				disturbance activity are not required to register under 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.
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-.04 - Chapter Modification And Public Participation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department shall cause to be
				published a Public Notice with a comment period of not less than thirty (30)
				days to solicit public participation and comment and to schedule a Public
				Hearing, if necessary, according to procedures described in Rule
				335-6-6-.21 regarding the content
				of, implementation of, and compliance with provisions herein, prior to the
				completion of the first five-year term beginning with the effective date of
				this Chapter, and at least once every five years after the Public Notice
				referenced above or each subsequent Public Notice is held. After review of
				comments received during the public participation process, and no later than
				one-hundred and twenty (120) days after the close of the public comment period,
				the Department shall prepare a written Response to Comments addressing comments
				received during the public participation process and shall make a determination
				in writing regarding the status of this Chapter and of the need, if any, to
				initiate procedures pursuant to
Code of Ala. 1975
,
				§§
									41-22-1 through
				41-22-27, as amended, to modify
				this Chapter to ensure that the requirements of this Chapter are in accordance
				with the requirements of the Alabama Water Pollution Control Act (AWPCA), Clean
				Water Act (CWA), and regulations promulgated pursuant thereto. Where the
				Department has initiated procedures to modify this Chapter as set forth in this
				Rule, the Department shall provide the proposed modifications to the EPA
				Regional Administrator for comment consistent with NPDES regulations.
(2) The Department shall cause to be
				published a Public Notice with a comment period of not less than thirty (30)
				days according to procedures described in Rule
				335-6-6-.21 to inform the public
				regarding the Response To Comments and the Department's determination regarding
				the need, if any, to initiate rulemaking procedures to modify this Chapter as
				described in paragraph (1) of this rule. The Public Notice shall include
				information to inform the public how to obtain in writing the procedures for
				the public to petition the Department to initiate procedures in accordance with
				Chapter 335-2-2 to modify this Chapter if the Director determines, after
				consideration of comments or other information received during the public
				participation process, that modification of this Chapter by the Department is
				not necessary.
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.
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-.08 - Activities Not Authorized By This Chapter

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Discharge(s) from wet preparation,
				processing, or beneficiation, of coal, mineral, or ore, are not authorized by
				this Chapter. Discharge(s) from metal ore/mineral and coal, or associated
				product, mining, remining, recovery, storing, handling, or transloading, are
				not authorized by this Chapter.
(2)
				Discharge(s) from any mining operation that at any time has a total area of
				land disturbance that equals or exceeds five (5) acres in size that has not
				been fully reclaimed, including but not limited to, access roads, spoil areas,
				and mineral storage, handling, loading, and transloading areas, excavation
				areas, operation support areas, and vehicle maintenance areas, are not
				authorized by this Chapter, but are regulated pursuant to the applicable
				provisions of 335-6-9 and 335-6-6.
(3) Discharge(s) from any mining operations
				where the planned or proposed area of total land disturbance, including but not
				limited to, access roads, spoil areas, mineral storage areas, loading areas,
				excavation areas, and vehicle maintenance areas, equals, exceeds, will equal or
				exceed, or is predicted to equal or exceed five (5) acres, that has not been
				fully reclaimed, are not authorized by this Chapter.
(4) Discharge(s) from instream and
				within-bank mining are not authorized by this Chapter.
(5) Discharge(s) from the operation or
				closure of a landfill as described in ADEM Administrative Code Division 335-13
				are not authorized by this Chapter. Construction disturbance associated with
				pre-construction testing, initial development, continuing operation, and/or
				expansion of a landfill is not required to register under this Chapter provided
				the landfill operator has obtained applicable permit coverage pursuant to the
				requirements of Division 335-13 prior to commencement of initial construction
				of the landfill. Compliance with valid permit coverage issued to the landfill
				operator pursuant to the requirements of Division 335-13 constitutes compliance
				with the provisions of this Chapter.
(6) Discharge(s) from
				manufacturing/industrial process or produced waste or wastewaters are not
				authorized by 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.
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-.09 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.10 - Notice Of Registration (NOR)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A complete and correct Notice of
				Registration (NOR) shall be submitted to the Department for all NPDES
				construction sites in a format acceptable to the Department. The NOR shall
				include the following information and/or attachments:
(a) A copy of the CBMPP for the site, if
				required to be submitted by the requirements of this Chapter or the
				Department.
(b) A copy of the CBMPP
				shall be submitted for NPDES construction sites discharging to a Tier 1
				waterbody segment, as described in Rule
				335-6-10-.12, due to a
				construction activity pollutant of concern, or a waterbody designated as ONRW,
				pursuant to the requirements of Chapter 335-6-10, and for the relocation,
				diversion, or realignment of any water of the State;
(c) Portions or copies of 7.5' Series U.S.
				Geological Survey maps, or other maps acceptable to the Department, showing the
				site location;
(d) Any other
				relevant information that may be required by this Chapter or the
				Department.
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-.12 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.13 - Registration Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The operator
				shall pay fees according to Chapter 335-1-6.
(2) A continuing education Greenfield fee
				required by Chapter 335-1-6 for NPDES construction sites shall not be required
				provided the operator certifies that required continuing education has been
				accomplished pursuant to Rule
				335-6-12-.19 with the initial
				registration and/or each subsequent or annual registration. Alternatively, the
				operator may certify it will solely retain or has solely retained a QCP or a
				person under the direct supervision of a QCP to carry out the inspection
				requirements 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.
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-.14 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.15 - Routine Reporting, Notification, And Record Keeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Construction
				site operators shall cooperate fully with inspections, monitoring, records
				review, and testing conducted by the Department as well as requests for
				submission of available documents, or technical data, and any
				testing/monitoring performed by the operator.
(2) Construction site operators shall keep
				all records required either:
(a) At the
				construction site and immediately available for inspection by the Department;
				or
(b) At an alternative site
				previously identified to the Department, provided they are readily available
				for inspection upon request.
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-.16 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.17 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.18 - Entry And Inspection Of Sites/Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any operator of a construction site shall
				upon the presentation of credentials, permit authorized representatives of the
				Department to enter, at all reasonable times, the construction project area and
				property and buildings at the construction site, and allow the representative
				to inspect facilities and equipment, review records, to conduct monitoring and
				sampling, and to:
(a) Have vehicle and
				equipment access to inspect at reasonable times, any facilities, or equipment,
				including but not limited to, monitoring and control equipment, BMPs, other
				practices, or activities regulated or required under this Chapter;
				and
(b) Sample, inspect, take
				photographs, or monitor, the site at reasonable times for the purposes of
				assuring compliance with this Chapter or as otherwise authorized by the AWPCA
				or CWA, any area, BMPs, equipment, disposal site, regulated by this Chapter.
Author:
Richard Hulcher
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-.19 - Continuing Educational And Training Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless the operator has employed or
				contracted with a QCP that performs duties as required by this Chapter, and the
				QCP, or a qualified person under the direct supervision of a QCP, is readily
				available and able to be present onsite as often as is necessary to ensure full
				compliance with the requirements of this Chapter, the operator shall ensure
				that:
(a) Effective January 1, 2004, at least
				one onsite employee shall maintain valid QCI Certification. The employee(s)
				holding QCI Certification need not be on-site continuously and they may
				represent multiple sites.
(b)
				Effective January 1, 2004, the employee QCI of existing NPDES construction
				sites shall obtain annual certification of satisfactory completion of formal
				refresher education or training regarding general BMPs, Alabama NPDES
				construction stormwater management requirements, and Department recognized QCI
				training. The refresher training requirements, including but not limited to,
				appropriate curricula, course content, course length, minimum/maximum
				training/contact hours, any participant testing, and evaluation of the
				effectiveness/applicability of the training shall be subject to acceptance by
				the Director prior to use.
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-.20 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.21 - CBMPPs, Other Plans, Specifications, BMPs, And Technical Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Commencement
				and/or continuation of NPDES construction activity is prohibited after March 1,
				2003, or the effective date of this Chapter, whichever date occurs later,
				unless effective BMPs are implemented and maintained in accordance with a CBMPP
				prepared/certified by a QCP as adequate to meet the requirements of this
				Chapter and applicable requirements of ADEM Administrative Code Division 335-6.
				The CBMPP and any BMPs shall meet or exceed following the technical standards
				and guidelines:
(a) The Alabama Handbook;
				and
(b) In accordance with the
				requirements of this Chapter.
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-.22 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.23 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.24 - Alternative Or Innovative Technology

Current through Register Vol. 42, No. 9, June 28, 2024
(1) CBMPPs may include alternative or
				innovative technology, procedures, or BMPs not included in the Alabama
				Handbook, provided that:
(a) Use of an
				alternative technology or procedure is consistent with the requirements of this
				Chapter and is accepted by the Department prior to its use;
(b) Point source and nonpoint source
				pollutant discharges to waters of the State will be minimized to the maximum
				extent practicable from the use of the alternative technology or procedure;
				and
(c) Use of the alternative
				technology or procedure is protective of groundwater and surface water quality.
Author:
Richard Hulcher
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-.27 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.29 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.30 - Pollution Prevention For NPDES Construction Sites

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Requirements for a Pollution Prevention
				Plan (PPP) shall be considered to be met by NPDES construction site through
				activities and BMPs that have been properly planned, designed, implemented, and
				maintained under the terms of this Chapter.
(2) Spill Prevention, Control, and Management
(a) The operator shall prepare, implement,
				and maintain a Spill Prevention, Control and Countermeasures (SPCC) Plan, as a
				separate document or as a component of the CBMPP, for all tanks/containers
				storing onsite fuel, chemicals, or other pollutants consistent with the
				requirements of Rule
				335-6-6-.12 and 40 CFR Part 112
				(2002).
(b) Effective measures
				necessary to prevent spills and to clean up spills of any toxic pollutant, as
				documented in the facility's SPCC plan, shall be fully implemented. Soil
				contaminated by hazardous substances, paints, fuel, or chemical spills, shall
				be immediately cleaned-up, managed, and disposed of in an approved manner.
				Where potential spills can occur, materials handling procedures shall be
				specified and procedures for immediate cleanup/remediation of spills shall be
				described in the SPCC plan or employee training plans. The equipment necessary
				to implement a cleanup shall be made available to facility personnel. The
				operator shall immediately notify the designated State and local government
				agencies after becoming aware of a visible oil sheen in stormwater runoff from
				its facility or in a water of the State in the project vicinity as a result of
				activities at the site. The caller should be prepared to report the name,
				address and telephone number of the person reporting spill, the exact location
				of the spill, company name and location, the material spilled, the estimated
				quantity, the source of spill, the cause of the spill, the nearest downstream
				water with the potential to receive the spill, and the actions being taken for
				containment and cleanup.
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-.31 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.32 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.33 - Ineffective BMPs, Discharge Prohibitions, And Noncompliance Notification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The discharge
				of pollutants from NPDES construction sites/activity not effectively treated to
				the maximum extent practicable by BMPs implemented and maintained pursuant to
				the requirements of this Chapter is prohibited. If, for any reason, there is a
				non-compliant discharge that causes or contributes to a violation of applicable
				water quality standards, the operator is required to visually monitor and
				notify the Department as soon as possible, but in no case later than 24-hours
				after becoming aware of such discharge.
(2) The operator shall document and submit
				the following information in a form acceptable to the Department within five
				(5) days of becoming aware of any BMP deficiency/failure or non-compliant
				discharge that causes or contributes to a violation of applicable water quality
				standards:
(a) A description, including any
				photographs, and the reason for the deficiency, including an estimate of the
				flow, discharge volume, and any analytical data associated with the
				noncompliant discharges;
(b) The
				period of noncompliant discharge, including beginning and ending times and
				dates, and, if not already corrected, the anticipated date the non-compliant
				discharge is expected to cease, and steps taken (or to be taken) to reduce,
				eliminate, mitigate, and prevent the recurrence of such discharge;
(c) If the non-compliant discharge was caused
				by chronic or catastrophic precipitation event(s), information from the on-site
				precipitation gauge or weather station in close proximity to the facility
				documenting the amount and duration of the precipitation event(s);
				and
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-.34 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.36 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
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-.37 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any provision, requirement, or portion of this Chapter is
				  adjudged unconstitutional or invalid by a court of competent jurisdiction, the
				  remainder of this Chapter shall not be affected thereby.
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.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-13 - CENTRALIZED WASTE TREATMENT FACILITY FINANCIAL ASSURANCE REQUIREMENTS › Section 335-6-13-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To require certain centralized waste treatment facilities to
				  post a performance bond or other financial assurance in an amount sufficient to
				  close the facility if the facility owner or operator ceases operation, abandons
				  the facility, or fails to properly maintain the facility to ensure compliance
				  with state environmental regulations.
Authors:
Chris Sasser; Daphne Smart
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-25C-1,
					 22-25C-2.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-13 - CENTRALIZED WASTE TREATMENT FACILITY FINANCIAL ASSURANCE REQUIREMENTS › Section 335-6-13-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				requirements of this chapter apply to owners or operators of centralized waste
				treatment facilities, as defined by federal effluent guidelines set forth at 40
				CFR Part 437, when applying for issuances, reissuances, or modifications of a
				permit for a facility that processes or treats industrial wastes, industrial
				wastewater, or used material. The following facilities are exempt from the
				requirements of this chapter:
(a) Waste
				treatment facilities which treat waste only from sources owned or operated by
				the owner of the waste treatment facilities, or
(b) Waste treatment facilities which treat
				waste pursuant to a contract at a waste treatment facility which also treat
				waste from sources owned or operated by the owner.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-13 - CENTRALIZED WASTE TREATMENT FACILITY FINANCIAL ASSURANCE REQUIREMENTS › Section 335-6-13-.04 - Other Closure Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
These rules and regulations do not supersede any other
				  Departmental regulations regarding closure of any type of facility. Owners or
				  operators of affected waste treatment facilities shall comply with this chapter
				  and any other applicable rules and regulations.
Authors:
Chris Sasser; Daphne Lutz
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-25C-1,
					 22-25C-2.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-13 - CENTRALIZED WASTE TREATMENT FACILITY FINANCIAL ASSURANCE REQUIREMENTS › Section 335-6-13-.05 - Financial Assurance Violations

Current through Register Vol. 42, No. 9, June 28, 2024
Failure of the obligor of the bond or financial assurance to
				  provide service satisfactory to the Department shall constitute a cause of
				  action for recovery in a civil action at the instance of the
				  Department.
Authors:
Chris Sasser; Daphne Smart
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-25C-1,
					 22-25C-2.