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-.05 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				operator, registrant, developer, onsite contractors, home builder(s), utility
				installers, or property owners association, separately or collectively, shall
				maintain valid registration for an NPDES construction site/activity, including
				subdivision developments or other linear or phased projects, until disturbance
				activity is complete and all disturbed areas have been reclaimed or effective
				stormwater quality remediation has been achieved in accordance with the
				requirements of this Chapter or another operator(s) has registered.
(2) The operator of construction activity
				defined or designated as NPDES construction under this Chapter shall maintain
				adequate records to document compliance with this Chapter and shall fully
				implement and regularly maintain effective BMPs to the maximum extent
				practicable, and in accordance with the operator's CBMPP. Appropriate,
				effective pollution abatement/prevention facilities, structural and
				nonstructural BMPs, and management strategies shall be fully implemented prior
				to and concurrent with commencement of regulated activities and regularly
				maintained during construction as needed at the site to meet or exceed the
				requirements of this Chapter until construction is complete, effective
				reclamation and/or stormwater quality remediation is achieved, and if
				registration is required, the registration is terminated. Failure to fully
				implement and regularly maintain effective BMPs for the protection of water
				quality to the maximum extent practicable is a violation of this
				Chapter.
(3) Operators shall ensure
				that their construction activities are regularly evaluated to ensure compliance
				with the provisions of this Chapter. All NPDES construction site operators
				shall ensure that their construction activities are regularly inspected by a
				QCI, QCP, or a qualified person under the direct supervision of a QCP, as
				applicable, to ensure compliance with the provisions of this Chapter. Each
				NPDES construction site operator shall implement and maintain a comprehensive
				CBMPP in accordance with the requirements of this Chapter and submit reports
				and certifications as required by this Chapter.
(4) The NOR and CBMPP, prepared in accordance
				with the Alabama Handbook and the requirements of this Chapter by the QCP prior
				to commencing construction at a new NPDES construction site, and prior to
				continued construction at an existing NPDES construction site, or as otherwise
				required by the Director, are incorporated into the requirements of any NPDES
				registration under this Chapter.
(5) The operator shall post and maintain
				sign(s) at the front gate/entrance, and if utility installation, where project
				crosses paved county, State, or federal highways/roads, and/or at other easily
				accessible location(s) to adequately identify the site prior to commencement of
				and during NPDES construction until registration is properly terminated. Such
				sign shall display the name of the registrant, "ADEM Registration" followed by
				the ADEM NPDES registration number, and facility or site name.
(6) The operator retains full responsibility
				for the design, construction, operation and maintenance of BMPs to protect
				water quality to the maximum extent practicable. In recognition that
				construction activities and noncoal mining activities are site specific in
				nature and conditions can change as the site develops, the Department may
				require the submission of additional information or require additional
				management measures to be implemented, as necessary.
(7) The Director may require the operator to
				modify existing registrations, require any CBMPP to be updated, require
				additional BMPs, and/or restrict discharges, if needed, based on implementation
				of an applicable, approved total maximum daily load.
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.