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-.07 - Requirement To Update Registration And Apply For And Obtain Coverage Under An NPDES General Or Individual Permit, Termination And/Or Denial Of Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department
				may require any operator of a construction site required to be registered under
				this Chapter to apply for and obtain coverage under an NPDES individual permit
				or general permit pursuant to the requirements of Chapter 335-6-6. The
				Department shall notify the operator in writing that an individual permit or
				general permit application, including the correct fee, is required. If an
				operator fails to submit a complete and correct individual NPDES or general
				permit application with applicable fee as required by Chapter 335-1-6 or by a
				reasonable deadline specified by the Director, then any previous registration
				granted to the operator is automatically terminated at the end of the day
				specified for application submittal and the operator may be subject to
				enforcement action.
(2) When either
				NPDES individual permit is issued or general permit coverage is extended to an
				operator authorizing discharges otherwise subject to this Chapter, the
				applicability of this Chapter to the operator is automatically terminated on
				the effective date of the individual/general permit coverage. When an NPDES
				individual permit or general permit coverage is terminated, or an application
				is denied to an operator otherwise subject to this Chapter, the operator and
				the NPDES Construction Site continues to be subject to the requirements of this
				Chapter on and after the date of such termination or denial, and shall
				immediately cease the regulated activity and complete all measures necessary to
				permanently halt discharges of pollutants until registration or other permit
				coverage is obtained from the Department.
(3) Registration Administration, Duration,
				And Limitations
(a) Registration under this
				Chapter may be granted on an annual (12 month) basis, in annual increments, or
				any length of time determined appropriate by the Director, provided
				registration does not exceed five (5) years from the date of the last
				registration or re-registration. Unless registration is extended by the
				Director, continued construction activity is prohibited after the expiration
				date of registration unless the operator submits a complete and correct NOR
				requesting re-registration. NORs submitted for re-registration shall be subject
				to the requirements of Rule
				335-6-12-.11(3)
				and Rule 335-6-12-.11(4).
				All requirements of this Chapter continue in effect regardless of the
				operator's registration status.
(b)
				Any registration under this Chapter may be limited in size, scope or
				geographical area at the reasonable discretion of the Director to facilitate
				efficient and effective administration of the registration program or
				compliance with the requirements of this Chapter.
(c) Multiple small construction sites may be
				allowed to be grouped under a single registration, at the reasonable discretion
				of the Director to facilitate efficient/effective administration of the
				registration program or compliance with the requirements of this
				Chapter.
(d) Registration under
				this Chapter is conditionally granted, and the requirement to submit an NOR,
				information contained or required in the NOR, or submittal of the registration
				fee under this Chapter is suspended for governmental agencies and utilities to
				allow for immediate and effective emergency repairs and response to natural
				disasters, human health or environmental emergencies, or to avert/avoid
				imminent, probable, or irreparable harm to the environment or severe property
				damage. The operator or controlling/participating federal, State, or local
				government agencies/entities conducting emergency construction activity shall
				document the emergency condition, ensure compliance with the BMP requirements
				of this Chapter to the extent possible, and shall notify the Department as
				promptly as possible regarding the occurrence of the emergency construction
				disturbance and measures that have been implemented and are being implemented
				to protect water quality. Unless the requirement to register pursuant to the
				requirements of this Chapter are suspended or voided by the Director on a
				categorical or individual emergency basis, the operator shall submit the
				appropriate project information, NOR, and the required registration fee for
				construction or reconstruction activity after emergency repairs have been
				accomplished, according to a schedule acceptable to the Department.