reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.09 - Observation Wells

Current through Register Vol. 42, No. 9, June 28, 2024
For community water systems an observation well/wells shall
				  be constructed at an appropriate distance from the production well, to
				  facilitate determination of the storage coefficient and transmissivity during
				  the aquifer test.
(a) A temporary or
				test well may be used as the observation well if satisfactory information can
				be obtained.
(b) If the temporary
				well is converted to the production well, an observation well must be installed
				at an appropriate distance from the production well or at an alternate distance
				approved by the Department.
(c) The
				observation well shall be a minimum of two inches in diameter and shall
				penetrate the strata utilized by the production well or wells.
(d) The observation well screen shall be
				placed at approximately the same depth as the central portion of the screened
				zone or zones in the production well.
(e) Construction of the observation well
				shall be according to the latest edition of the ASTM Subcommittee D18.21,
				Design and Installation of Groundwater Monitoring Wells in Aquifers.
(f) Storage coefficient and other aquifer
				characteristics determined for existing wells in a Coastal Plain Province well
				field, may be used for delineating the SWAA areas for an additional well in the
				well field if constructed similar to others in the well field.
(g) If the SWAA can be determined without
				constructing an observation well, a request for an exemption from constructing
				an observation well may be requested after submittal of all supporting
				information.
Authors:
Edgar K. Hughes, Dennis D.
					 Harrison
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.10 - Aquifer Test

Current through Register Vol. 42, No. 9, June 28, 2024
An aquifer test of a finished community system production
				  well shall be conducted to determine the aquifer storage coefficient and
				  transmissivity. The test method shall be clearly outlined in the engineering
				  specifications for the project and the test procedure shall be continuous with
				  adequate provisions taken to prevent disruption of the test. The calculated
				  storage coefficient and transmissivity values shall be used to determine the
				  SWAA.
(a) Several days before
				initiating the aquifer test, the well shall be pumped for several hours to
				determine the following:
1. The maximum
				anticipated drawdown,
2. The
				approximate capacity of the well, and
3. If the pump discharge will affect recharge
				to the well during the anticipated period of the aquifer test.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.11 - Source Water Assessment For A Surface Source

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Source water assessment for a surface
				water source consists of: delineation of watershed, contaminant source
				inventory, susceptibility analysis, contingency plans and public awareness, as
				required by this chapter.
(2)
				Assessments of proposed new water supply sources must be completed and approved
				by the Department prior to issuance of a construction permit for the
				intake.
Authors:
Edgar K. Hughes, Dennis D.
					 Harrison
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.12 - Delineation Of Watersheds

Current through Register Vol. 42, No. 9, June 28, 2024
Watersheds for all surface water intakes shall be delineated
				  using the Hydrologic Unit Code (HUC), or other approved methods. Delineated
				  watersheds shall extend upstream and laterally from intakes to the watershed
				  topographic boundary, the next upstream dam (where applicable), and to the
				  adjacent state boundary. Watersheds shall be depicted on US Geological Survey
				  (USGS) topographic maps using a suitable scale between 1:100,000 and 1:24,000.
				  Map overlays and the Geographical Information System (GIS), or other approved
				  methods, may be used to depict various types of information such as large land
				  areas, for the watershed and the Source Water Protection Area (SWPA). Maps of
				  watershed delineations must show the location of intakes and known and
				  potential contaminant sources, using the Global Positioning System (GPS)
				  coordinates. The SWPA is the area designated for close scrutiny by the
				  contaminant source inventory and protection, and shall be shown on the
				  watershed map, or overlay, in accordance with the following:
(a) For river runs, creeks, and streams: The
				SWPA area shall extend from 1/4 mile downstream of an intake (where
				practicable) to:
1. Fifteen (15) miles
				upstream of the intake,
2.
				One-quarter mile below the next upstream intake,
3. The next upstream dam, or
4. The state boundary.
5. The SWPA shall extend laterally from the
				intake for a minimum distance of 500 feet beyond the edge of the body of water
				at summer pool elevation serving the intake. Special conditions, such as an
				area of known potential or suspected contaminant sources, may require the width
				of the SWPA to exceed 500 feet. Significant tributaries (tributaries draining
				an area of known, potential, or suspected contaminants) entering the SWPA shall
				be included as a part of the SWPA for a minimum of one mile upstream of the
				tributary and laterally to each side of the tributary for a minimum of 500
				feet.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.13 - Contaminant Source Inventory Development For A Surface Source

Current through Register Vol. 42, No. 9, June 28, 2024
Source water protection areas (SWPA) shall be inventoried for
				  known and potential contaminant sources. Information on existing contaminants
				  sources shall be obtained by reviewing records available from Local, State, and
				  Federal permitting and monitoring agencies plus on-site field surveys conducted
				  by water system personnel. Information on non-permitted contaminant sources
				  shall be obtained by on-site field surveys conducted by water system personnel
				  their or designees.
(a) Information on
				all contaminant sources identified from records and by water systems shall be
				recorded in tabular form and include:
1.
				Contaminant source identification.
2. Contaminant source nature, specific
				contaminate present at the site, and relative amount.
3. Contaminant source location by longitude
				and latitude as determined by GPS units of activity, such as crops or pasture
				(animals grazing) can be located by one point indicate most probable entry of
				runoff to the water source.
4.
				Name, address, and telephone number of owner or generator of the contaminant
				source.
5. Name of the regulatory
				agency that permitted and monitors the contaminant source.
6. Identify contaminant sources as to whether
				or not they are regulated.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.14 - Susceptibility Analysis For A Surface Source

Current through Register Vol. 42, No. 9, June 28, 2024
Upon completion of the contaminant source inventory, a
				  representative of the water system and a representative of the Department shall
				  jointly perform a susceptibility analysis of all contaminant sources identified
				  in the contaminant source inventory.
(a) Contaminant sources shall be analyzed for
				their susceptibility to impact raw water quality. Contaminant sources shall be
				classed as highly susceptible, moderately susceptible, or not susceptible to
				impacting raw water quality after consideration of, but not limited to, the
				following factors:
1. Contaminant source
				nature, location, type, and source.
2. Concentration and volume of contaminant
				source after consideration of time of travel to the intake, and
				dilution.
3. Likelihood the
				contaminant source can be removed or diverted from the intake by emergency
				operations measures.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.15 - Contingency Plans For A Surface Water Source

Current through Register Vol. 42, No. 9, June 28, 2024
The water system shall submit to the Department for approval
				  contingency activities for potential contaminant sources rated highly
				  susceptible to entering the intake which may rapidly cause the raw water to be
				  difficult to properly treat. Upon approval of their contingency plans, water
				  systems shall implement them immediately and incorporate them into their
				  Standard Operating Procedure (SOP). Contingency actions may include, but not be
				  limited to the following items, individually, and in combination:
(a) Temporarily closing of the treatment
				plant,
(b) Obtaining raw water from
				another approved source,
(c)
				Obtaining finished water from another public water system,
(d) Developing adequate distribution storage
				for the expected duration of the contamination event,
(e) Using emergency containment devices to
				exclude contaminant sources from intakes.
(f) During periods when a treatment plant is
				closed due to the presence of excessive contaminants, it shall remain out of
				service until monitoring by the water system indicates the contaminant is no
				longer a threat to the treatment process or quality of finished water. The
				water system shall keep the Department informed of the status of its raw water
				quality whenever a contamination event results in the closure of a plant and
				shall furnish monitoring results to the Department. Treatment plants shall not
				be returned to service until approval has been received from the
				Department.
Authors:
Edgar K. Hughes, Dennis D.
					 Harrison
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.16 - Public Awareness

Current through Register Vol. 42, No. 9, June 28, 2024
Source water assessment is complete when the water system
				  makes the public aware of the condition of its raw water supply, including its
				  susceptibility to contamination. This can be accomplished by performing all of
				  the following:
(a) Presenting an oral
				report to the consumers of the system's water at a public meeting within 90
				days after receiving notification from the Department that the susceptibility
				analysis has been completed and contingency plans have been approved. The
				report must include a list of all contaminant sources to which the water
				system's source water is susceptible, the susceptibility rating of the
				contaminant source, and a map showing the location of contaminant sources
				identified in the contaminant inventory. For groundwater sources, the map must
				indicate the SWAA I and SWAA II and the location of the contaminant sources
				identified in the contaminant inventory. Water system management should attempt
				to answer reasonable questions asked by the public relating to source water
				quality and should make the public aware of other options available for
				reviewing assessment results.
(b)
				Allowing individual members of the public to review all assessment documents
				during normal business hours of operation at the water system's office.
				Assessment documents must be maintained on display at the system's water office
				for easy access by the public.
(c)
				Providing copies of the assessment documents to members of the public upon
				request after payment of a nominal reproduction fee.
(d) Including an abbreviated report in the
				system's annual consumer confidence report. The report must include the
				information contained in paragraph (a) above and must inform the public of the
				other options available for reviewing the assessment results.
(e) Responding within 45 days to reasonable
				written questions by the public relating to the quality of its source water.
				The water system must maintain a file of questions asked by the public and the
				water system's response to such inquiries.
(f) In lieu of 335-7-15 -15(a), NTNC and
				Non-community water systems may post a copy of the SWPA contaminant inventory,
				susceptibility analysis, and contingency plan in a location convenient to the
				consuming public.
Authors:
Edgar K. Hughes, Dennis D.
					 Harrison
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter 335-7-15 - SOURCE WATER ASSESSMENT PROGRAM › Section 335-7-15-.17 - Updating Of Assessments

Current through Register Vol. 42, No. 9, June 28, 2024
After the initial approval by the Department, the assessment
				  must be updated by the water system when there is a significant change to any
				  portion of the assessment. These changes shall be included in the source water
				  assessment review performed at the time the water system is completing the
				  application for a renewal of the facility's operating permit.
Author:
Edgar K. Hughes
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER SUPPLY PROGRAM › Chapter - APPENDICES › Appendix A - STANDARD LIST OF PRIMARY DRINKING WATER CONTAMINANTS for CCR

Current through Register Vol. 42, No. 9, June 28, 2024
Contaminant
MCL
Amount Detected
Bacteriological
Total Coliform Bacteria
< 5%
Turbidity
TT
Fecal coliform and
E. coli
0
Fecal Indicators (enterococci or coliphage)
TT
Radiological
Beta/photon emitters (mrem/yr)
4
Alpha emitters (pCi/1)
15
Combined radium (pCi/1)
5
Uranium
30 pCi/L
Inorganic Chemicals
Antimony
6 ppb
Arsenic
10 ppb
Asbestos (MFL)
7
Barium
2 ppm
Beryllium
4 ppb
Bromate
10 ppb
Cadmium
5 ppb
Chloramines
4 ppm
Chlorine
4 ppm
Chlorine dioxide
800 ppb
Chlorite
1 ppm
Chromium
100 ppb
Copper
AL=1.3 ppm
Cyanide
200 ppb
Fluoride
4 ppm
Lead
AL=15 ppb
Mercury
2 ppb
Nitrate
10 ppm
Nitrite
1 ppm
Total Nitrate and Nitrite
10 ppm
Selenium
50 ppb
Thallium
2 ppb
Organic Chemicals
Acrylamide
TT
Alachlor
2 ppb
Atrazine
3 ppb
Benzene
5 ppb
Benzo(a)pyrene [PAHs]
200 ppt
Carbofuran
40 ppb
Carbon tetrachloride
5 ppb
Chlordane
2 ppb
Chlorobenzene
100 ppb
2,4-D
70 ppb
Dalapon
200 ppb
Dibromochloropropane
200 ppt
o-Dichlorobenzene
600 ppb
p-Dichlorobenzene
75 ppb
1,2-Dichloroethane
5 ppb
1,1-Dichloroethylene
7 ppb
cis-1,2-Dichloroethylene
70 ppb
trans-1,2-Dichloroethylene
100 ppb
Dichloromethane
5 ppb
1,2-Dichloropropane
5 ppb
Di (2-ethylhexyl) adipate
400 ppb
Di (2-ethylhexyl) phthalates
6 ppb
Dinoseb
7 ppb
Dioxin [2,3,7,8-TCDD]
30 ppq
Diquat
20 ppb
Endothall
100 ppb
Endrin
2 ppb
Epichlorohydrin
TT
Ethylbenzene
700 ppb
Ethylene dibromide
50 ppt
Glyphosate
700 ppb
HAA5 (haloacetic acids 5)
60 ppb
Heptachlor
400 ppt
Heptachlor epoxide
200 ppt
Hexachlorobenzene
1 ppb
Hexachlorocyclopentadiene
50 ppb
Lindane
200 ppt
Methoxychlor
40 ppb
Oxamyl [Vydate]
200 ppb
Pentachlorophenol
1 ppb
Picloram
500 ppb
Polychlorinated biphenyls (PCBs)
500 ppt
Simazine
4 ppb
Styrene
100 ppb
Tetrachloroethylene
5 ppb
Toluene
1 ppm
TOC (Total Organic Carbon)
TT
TTHMs [Total trihalomethanes]
80 ppb
Toxaphene
3 ppb
2,4,5-TP (Silvex)
50 ppb
1,2,4-Trichlorobenzene
70 ppb
1,1,1-Trichloroethane
200 ppb
1,1,2-Trichloroethane
5 ppb
Trichloroethylene
5 ppb
Vinyl Chloride
2 ppb
Xylenes
10 ppm
Author:
Joe Alan Power
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23-33,
					 22-23-49,
					 22-22A-5,
					 22-22A-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This Division
				is promulgated for the purpose of establishing rules and procedures to
				administer the permitting, regulatory and enforcement functions of the Alabama
				Coastal Area Management Program (ACAMP) consistent with Legislative
				requirements and intent.
(2) In an
				effort to avoid duplication of permitting or review efforts of state and
				federal resource agencies, the Department may rely on the findings and
				conclusions of such agencies relative to a proposed use's impact on coastal
				resources.
Author:
John C. Carlton
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.03 - Review Process Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Persons desiring to conduct a use within the coastal area requiring a state
				agency permit as described in ADEM Admin. Code R.
				335-8-1-.08; a consistency
				determination for federally regulated activities as described in ADEM Admin.
				Code R. 335-8-1-.09; a consistency
				determination for federal projects, activities and assistance as described in
				ADEM Admin. Code R.
				335-8-1-.10; or non-regulated
				uses as described in ADEM Admin. Code R.
				335-8-1-.11; shall obtain, as
				appropriate, a permit or consistency determination from the Department that
				assesses whether or not the use is consistent with the applicable provisions of
				this Administrative Code. Certain uses proposed within the Coastal Area may
				deserve special consideration in determining the use's ability to comply with
				the provisions of this Administrative Code.
(2)
(a) The
				Department shall consider the following factors prior to making a final
				determination on permitting or certification matters:
1. whether or not the use is considered a Use
				of Regional Benefit or is necessary to maintain or protect an existing Use of
				Regional Benefit.
2. whether or not
				the use is within a designated Special Management Area (SMA) and whether or not
				the use is consistent with the use priorities established for the applicable
				SMA; and
3. in dredge and fill
				activities impacting adjacent wetlands, whether or not the use is water
				dependent.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.04 - Special Management Areas

Current through Register Vol. 42, No. 9, June 28, 2024
The following special management areas are hereby recognized
				  and defined, with use priorities established for each area:
(1) Geographical Areas of Particular Concern
				(GAPC):
(a) Port of Mobile - the existing
				urbanized waterfront extending from the Brookley Industrial area northward up
				the Mobile River to its confluence with Chickasaw Creek including Pinto Island,
				McDuffie Island, Blakeley Island (excepting the undeveloped wetlands located
				north and east of the existing approved disposal sites), Three Mile Creek east
				of Telegraph Road, Chickasaw Creek up to the northern extent of the Port of
				Chickasaw, and the existing urbanized shorefront of the Theodore Industrial
				Complex.
(1) Within the Port of Mobile GAPC,
				uses which are water dependent or water related and improve or promote port
				operations and development shall be permissible;
(2) Within the Port of Mobile GAPC, uses,
				other than those Uses of Regional Benefit, which are determined by the
				Department to significantly interfere with port operations may be
				denied.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.06 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
					 1975
,
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.07 - General Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In no
				case shall the provisions set forth in this Administrative Code or any action
				taken pursuant to this Administrative Code relieve any person of the obligation
				to comply with the requirements of the federal consistency regulations, any
				state or federal statute or the requirements of any local ordinance.
(2) Any permit, variance or certification
				issued by the Department pursuant to this Administrative Code shall not be
				construed as granting or vesting of any property rights or exclusive privileges
				in any properties nor shall it authorize any injury to the property or rights
				of others.
(3) The Department may
				re-evaluate, re-open, modify, suspend or revoke any permit or certification
				during the effective life of the permit or certification for any just cause,
				including, but not limited to, the following:
(a) violation of any special condition or
				provision of a permit or certification;
(b) supporting information filed with an
				application proves to be false, incomplete or inaccurate;
(c) newly discovered information, previously
				not considered by the Department which reasonably could have been known by the
				applicant and relates to the ability of the use or activity to comply with any
				of the provisions of this Administrative Code.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.08 - Review Process For State Agency Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No other state agency shall issue a
				permit for a use which is subject to the management program unless, in
				accordance with the procedure set out in this Chapter, the Department issues a
				certificate of compliance, or the Department determines that the use is not
				subject to the management program.
(2) Upon receipt of a permit application for
				a use subject to the management program, the state agency shall send to the
				Department an informational copy of the complete application along with any
				supporting documents submitted by the applicant. Upon receipt, the Department
				shall begin its review process and shall initiate appropriate interagency
				coordination.
(a) If at any time during the
				review process the Department determines that the use is not subject to the
				management program, the applicant and the state agency will be notified as soon
				as practicable, and the Department will discontinue review of the
				application.
(b) As early as
				possible in the review process the Department will attempt to make known to the
				state agency additional information needed to complete the review. The agency
				should facilitate this process by making known to the Department as early as
				possible the results of its own investigations of the potential or actual
				impact of the use on the coastal area.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.10 - Review Process For Federal Projects, Activities And Assistance

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Pursuant to 15
				C.F.R. Part 930, Subpart C, functions performed by or on behalf of a federal
				agency in the exercise of its statutory responsibilities and development
				projects undertaken by or on behalf of the federal agency involving the
				planning, construction, modification, or removal of public works, facilities,
				or other structures, in the acquisition, utilization, or disposal of land or
				water resources which affect the coastal area are required to be undertaken in
				a manner consistent, to the maximum extent practicable, with the management
				program. The Department shall review and respond to federal agency consistency
				determinations in accordance with the provisions of 15 C.F.R. Part 930, Subpart
				C.
(a) Federal activities which are subject
				to review, and are listed pursuant to 15 C.F.R. Part 930, Subpart C, include,
				but are not limited to, the following:
1.
				Property acquisition or disposal within the coastal area;
2. Discharge of wastes into the air or waters
				of the coastal area;
3. Road
				construction within the coastal area;
4. Disposition, design, construction,
				alteration or maintenance of any facilities on lands located within the coastal
				area;
5. Programs related to
				management of coastal resources;
6.
				Activities affecting water quality or quantity;
7. Transport of hazardous substances;
				and
8. Other activities that could
				affect coastal resources due to their size, location, or manner of
				construction.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.11 - Review Process for Non-Regulated Uses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person wishing to conduct a
				non-regulated use in the coastal area must make an application to the
				Department for a Department permit.
(2) The review procedure is initiated by
				submission of a completed application form supplied by the Department. Upon
				receipt of the application, the Department will begin its review process, will
				inform the permit applicant of any additional information and studies which
				will be required, and will give notice to the applicant of the availability of
				a public hearing upon request.
(3)
				If the Department finds during the course of its review that the use is not
				subject to the management program, it will so notify the applicant, and the
				review process will be terminated.
(4) Following receipt of the complete
				application and any additional information requested and upon completion of the
				Department's review, the Department shall do one of the following:
(a) Issue a permit for the use with or
				without conditions; or
(b) Deny the
				permit.
Author:
John C. Carlton
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.12 - Review Process For Local Program Delegation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any local government issuing licenses or
				permits for uses which are subject to the management program may apply to the
				Department for local program delegation.
(2) Application for delegation shall be in
				the form of a written request by the chief executive officer of the local
				government and include:
(a) an indication of
				the specific regulation(s) of this Administrative Code for which delegation is
				sought;
(b) a copy of all existing
				or draft proposed local codes and a description of the local permitting
				procedures for uses subject to the regulations for which delegation is sought;
				and
(c) other such information as
				the Department may require.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.13 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department
				may grant a variance from any requirement of this Administrative Code where the
				applicant therefore has demonstrated to the satisfaction of the Department that
				application of the requirement would be unduly restrictive or constitute a
				taking of property without payment of full compensation in accordance with the
				Constitution of the State of Alabama or of the United States. Any variance
				granted pursuant to this Rule may impose conditions and requirements to
				effectuate to the maximum extent the object of the rule for which a variance is
				sought without being unduly restrictive or constituting a taking of property
				without payment of full compensation in accordance with the Constitution of the
				State of Alabama or of the United States.
(2) An application for a variance pursuant to
				this rule shall contain, at a minimum, the following information:
(a) a completed application form and any
				information required for the type of use for which the variance is being
				sought;
(b) a certified letter
				indicating specifically from which regulation(s) a variance is
				sought;
(c) a legal argument and
				documentation which demonstrates that failure by the Department to grant a
				variance would constitute a taking of property without just
				compensation;
(d) a certified copy
				of the deed or other instrument under which the applicant claims title or
				possession of the property upon which the project will be carried
				out;
(e) a demonstration that the
				project has been planned so as to minimize impacts on the coastal area for
				which the regulation, from which a variance is sought, was adopted and a
				demonstration that no alternative sites or means to accomplish the desired
				activity are available; and
(f)
				other information as the Department may require.
Author:
John C. Carlton
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.14 - Public Notice and Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Prior to the Department issuing a decision on the issuance, modification, or
				denial of any permit or variance under this Administrative Code, or on the
				concurrence with or objection to a certificate of consistency for a use
				requiring a federal permit or license (including any use described in a plan
				for the exploration or development of, or production from any area leased under
				the Outer Continental Shelf Lands Act) or on the approval or disapproval of a
				local permitting program, or on the issuance, modification, or denial of a
				certificate of compliance for a use requiring a state permit, the Department or
				its agents (including other state or federal agencies) shall issue a public
				notice of the proposed activity for the purpose of soliciting public comment
				thereon or shall require the applicant for the Department permit or variance or
				federal permit or license to provide such notice in a manner prescribed by the
				Department. Said notice shall be issued at least fifteen (15) days prior to
				issuance of the Department's decision.
(2) The Department may provide an opportunity
				for a public hearing on the proposed activity if any person has satisfactorily
				demonstrated that a relevant and significant issue cannot be effectively or
				fully communicated to the Department in writing or a significant public
				interest would be served thereby. Any public hearing provided shall be
				announced at least thirty days prior to the hearing date.
(3) The Department will provide post notice
				of final determinations made on permit or variance applications to those
				individuals who properly request such notice in writing to the Department
				during the public comment period.
(4) Public notice may not be required for
				modifications, and permit extensions or renewals in which the impact is
				expected to be equal to or less than that originally permitted. All editorial
				changes and permit name changes shall not be subject to the public notice
				requirements of this rule.
Author:
John C. Carlton
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.15 - Protection Of Oyster Reefs

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.16 - Construction Or Activity On Beaches And Dunes

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.17 - Water Wells

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.18 - Protection Of Cultural Resources

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.19 - Protection Of Fishery Habitats

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.20 - Protection Of Wildlife And Wildlife Habitats

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.21 - Review Process Generally

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.22 - Review Process For State Agency Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.23 - Review Process For Federal Projects And Activities

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.24 - Review Process For Federal Licenses And Permits

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.25 - Review Process For Activities Described In Outer Continental Shelf Lands Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.26 - Review Process For Federal Assistance To Local Governments

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.27 - Review Process For Non-Regulated Uses

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.28 - Review Process For Local Permitting Programs

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.29 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.30 - Public Notice And Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.31 - Records

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-1 - GENERAL PROVISIONS AND REVIEW PROCESS › Section 335-8-1-.32 - Monitoring And Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.01 - General Rules Applicable To All Uses Subject To The Alabama Coastal Area Management Plan (ACAMP)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Uses
				that are determined by the Department to be in violation of applicable air or
				water quality standards or associated regulations shall not be permitted or
				certified to be in compliance with the ACAMP.
(2) In determining a use's ability to comply
				with this Administrative Code, the Department shall consider the extent to
				which the use adversely impacts the following coastal resources:
(a) Historical, architectural or
				archaeological sites designated pursuant to
				16 U.S.C. §
											§
											470 - 47OW ;
(b) Wildlife and fishery habitat especially
				the designated Critical Habitats of endangered species listed pursuant to
				16 U.S.C. §
											§
											1531 -
				1543;
(c) Public access to tidal and submerged
				lands, navigable waters and beaches or other public recreational
				resources.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.02 - Dredging And/Or Filling

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Dredging and/or filling of State waterbottoms or adjacent wetlands may be
				permitted or certified to be in compliance with the ACAMP provided that:
(a) the activity is related to an existing or
				approved water dependent use, or use of regional benefit or related to an
				approved beach nourishment, shoreline stabilization or marsh creation,
				restoration or enhancement project, elimination of dead-end canals or boatslips
				exhibiting poor water quality or other similar beneficial use;
(b) there will be no dredging or filling in
				close proximity to existing natural oyster reefs, as defined pursuant to
Code of Ala. 1975
, §
										9-12-21, except in association with
				the approved creation or enhancement of oyster reefs or artificial fish
				attracting structures;
(c) there
				will be no dredging or filling in close proximity to existing submersed
				grassbeds;
(d) dredging, filling or
				trenching methods and techniques are such that reasonable assurance is provided
				that applicable water quality standards will be met; and
(e) no alternative project site or design is
				feasible and the adverse impacts to coastal resources have been reduced to the
				greatest extent practicable.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.03 - Mitigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Mitigation for
				wetland impacts resulting from an approved project shall involve the creation
				of wetlands or the restoration and enhancement of existing degraded
				wetlands.
(2) Prior to permitting
				or certification of a use for which mitigation is required, the applicant shall
				submit to the Department for review and approval a mitigation plan which shall
				include but not be limited to the following:
(a) a survey of the proposed mitigation site
				which shall include a delineation of existing vegetative cover, the location of
				all drainageways and water courses, and property location, size and
				description;
(b) an indication of
				site preparation techniques which shall include initial and final elevations,
				planting and fertilization schedules, plant spacing, and source and vegetative
				species to be planted;
(c)
				documentation that, by instrument of law, the mitigation site will be set aside
				and protected; and
(d) a
				monitoring, maintenance and reporting schedule which covers the first five
				years of mitigation.
Author:
John C. Carlton
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.04 - Marinas

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Applicants
				desiring to construct and operate a new or expand an existing marina within the
				coastal area must provide:
(a) a
				comprehensive site plan showing location, size, and number of all upland and
				water-dependent facilities including boatslips, parking, storage facilities,
				maintenance and repair facilities, and pile-supported structures;
(b) an "Operation and Maintenance Plan"
				describing the manner in which the facility will be operated, to include the
				use of best management practices and a demonstration that:
1. applicable water quality standards will be
				maintained;
2. applicable measures
				relating to proper disposal of solid waste, litter, fish carcasses and offal,
				and other refuse are provided; and
3. adequate sewage pump out and disposal
				facilities will be provided for vessels and adequate restrooms for patrons will
				be provided;
(c) if
				applicable, a spill prevention control and countermeasure plan meeting the
				requirement of 40 CFR Part 112 ;
(d) if applicable, an application for a
				stormwater permit, or if such permit has already been obtained, a copy of the
				same; and
(e) a submerged lands
				lease or waiver from the Alabama Department of Conservation and Natural
				Resources.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › COASTAL AREA MANAGEMENT PROGRAM › Chapter 335-8-2 - PROVISIONS RELATED TO COASTAL ACTIVITIES › Section 335-8-2-.05 - Piers, Docks, Boathouses, And Other Pile Supported Structures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Piers, docks,
				boathouses, and other pile supported structures shall be constructed on pilings
				that permit a reasonable unobstructed ebb and flow of the tide.
(2) Platforms, decks, "T's", "L's",
				boathouses, and other similar minor structures associated with residential
				piers and docks should be located at the waterward end of the pier or dock and
				shall not be constructed over wetlands or submersed grassbeds nor shall they be
				habitable.
(3) Piers and docks
				shall be of sufficient length to reach navigational depths adequate for the
				proposed use of the pier or dock, to the extent that a hazard to navigation
				will not be created as determined by the U.S. Coast Guard.
(4) Piers, docks, boathouses, and other pile
				supported structures shall be designed and constructed such that impacts to
				wetlands and submersed grassbeds are minimized.
Author:
John C. Carlton
Statutory Authority:
Code of Ala.
					 1975
, §
											§
											9-7-16,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.