reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) These
				regulations apply to a property or site undergoing a response action that does
				not return the property to unrestricted use.
(a) An environmental covenant is required for
				a site if the approved environmental response project plan places a land use
				control on the site because it is not being remediated to unrestricted use,
				unless exempt in
				335-3-1-.02(3).
(b) The Department, when considering the
				environmental response project plan for a site, may require the owner or
				operator or other responsible person to enter into an environmental covenant
				with the owner of the off-site parcels or properties to ensure that the remedy
				approved in the plan is protective of human health and the
				environment.
(c) An owner or
				operator or other responsible person whose environmental response project plan
				includes other off-site parcels or properties may voluntarily include the
				off-site parcels or properties in an environmental covenant.
(d) Failure to enter into an environmental
				covenant with an off-site property owner, for any reason, does not release or
				absolve the site owner or operator or other responsible person from any
				obligation to perform required remediation activities addressing on-site or
				off-site contamination, including land use controls. Lack of an environmental
				covenant may require the owner or operator or other responsible person to
				perform additional activities in the approved environmental response project
				plan to ensure effectiveness of the response action and the protection of human
				health and the environment for current and future uses of the on-site and/or
				off-site property.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.03 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
For the purpose of this Division, the following words and
				  phrases, unless the context of 335-5 plainly indicates otherwise, shall have
				  the following meanings:
(a)
Activity and Use Limitations
- Restrictions or
				obligations created under this Act with respect to real property.
(b)
ADEM
or
Department
- The Alabama Department of Environmental
				Management.
(c)
Alabama
				Uniform Environmental Covenants Act
or
"Act"
-
Code of Alabama 1975
,
				§§
									35-19-1 to
				35-19-14.
(d)
Common Interest
				Community
- A condominium, cooperative, or other real property
				with respect to which a person, by virtue of the person's ownership of a parcel
				of real property, is obligated to pay property taxes or insurance premiums, or
				for maintenance, or improvement of other real property described in a recorded
				covenant that creates the common interest community.
(e)
Director
- The
				Director of the Alabama Department of Environmental Management or his or her
				designated representative.
(f)
Environmental Covenant
- A servitude arising under an
				environmental response project that imposes activity and use
				limitations.
(g)
Environmental Response Project
- A plan or work
				performed for environmental remediation of real property and conducted under
				any of the following programs or situations:
(i) A federal or state program governing
				environmental remediation of real property as listed in
				335-5-1-.02(2);
(ii) A to closure of a solid or hazardous
				waste management unit, if the closure is conducted with approval of an
				agency;
(iii) Under a state
				voluntary cleanup program pursuant to 335-15.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.04 - Holder

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person may
				be a holder. An environmental covenant may identify more than one holder. The
				holder's interest is an interest in real property.
(2) A right of the Department under the Act
				or under an environmental covenant, other than a right as a holder, is not an
				interest in real property.
(3) The
				Department is bound by any obligation it assumes in an environmental covenant,
				but does not assume obligations merely by signing an environmental
				covenant.
(4) Any other person who
				signs an environmental covenant is bound by the obligations the person assumes
				in the covenant; however, signing the covenant does not change the person's
				obligations, rights, or protections granted to or imposed upon that person
				under other law, except as provided in the covenant.
Authors:
James L. Bryant; Lawrence A.
					 Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											35-19-3;
					 35-19-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.05 - Registry Of Environmental Covenants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department shall establish and
				maintain a registry that contains all environmental covenants and any amendment
				or termination of those covenants executed pursuant to 335-5.
(2) In addition to the requirements of
				335-5-1-.05(1),
				the registry may contain any other information concerning environmental
				covenants and the real property subject to them which the Department considers
				appropriate.
(3) The full text of
				the covenant, amendment, or termination and any other information required by
				ADEM shall be submitted to the Department for inclusion in the ADEM Registry of
				Environmental Covenants within 30 days of ADEM approval of the draft covenant.
				The person submitting the covenant may be the owner, operator, other
				responsible person, grantor or any holder of the covenant.
Authors:
James L. Bryant; Lawrence A. Norris;
					 Sonja B. Favors
Statutory Authority:
Code of Ala.
					 1975
, §§
											35-19-12;
					 35-19-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.06 - Fees

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may assess fees to implement the provisions of
				  the Act.
(1) A Processing and Review
				Fee shall be required to cover the cost of processing the covenant application
				and for reviewing the draft and final covenants. For sites utilizing both
				institutional controls and engineering controls, the processing and review fees
				shall be the greater of the applicable fees.
(2) A Registry Recording Fee shall be
				required to cover cost of establishing and maintaining the ADEM Registry of
				Environmental Covenants, for entering the site in this Registry, and for
				performing routine inspections at the site to determine compliance with the
				covenant restrictions. For sites with more than one classification of
				institutional or engineering control, the Registry Recording Fee shall be the
				greater of the applicable fees.
(3)
				An owner or operator or other responsible person desiring to enter an
				environmental covenant shall submit a draft environmental covenant and all
				required fees.
(4) Fees required
				pursuant to this section are included in
				335-1-6-.04, Schedule
				J.
(5) Exemptions. The following
				sites are exempt from paying fees in
				335-1-6-.04, Fee Schedule J and
				in 335-5-1-.06, as specified below.
				These sites will be entered in the ADEM Registry of Environmental Covenants.
(a) A site that is enrolled in the ADEM
				Voluntary Cleanup Program pursuant to 335-15 is exempt from paying processing
				and review fees in Fee Schedule J.
(b) A site regulated under the programs
				listed in
				335-5-1-.02(2)
				that has a provision for a post-closure permit which is renewable by payment of
				a permit fee and a provision for routine inspection by the Department or other
				environmental regulatory agency is exempt from paying all fees in Fee Schedule
				J.
(c) A site regulated under the
				programs listed in
				335-5-1-.02(2)
				that has a provision for cost reimbursement to the Department as contained in a
				cooperative agreement, a memorandum of agreement or an administrative order is
				exempt from paying the Processing and Review Fees in Fee Schedule J, to the
				extent such costs are reimbursable under these agreements.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.07 - Process For Entering A Covenant

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The owner or operator, the other
				responsible person or the person conducting an environmental response project
				may use land use control in lieu of remediating the property to a level
				supporting unrestricted use. The ADEM organizational unit under which the
				response action is being conducted shall approve the environmental response
				project plan which proposes a land use control.
(2) For properties not remediated to a level
				supporting unrestricted use, an environmental covenant is required in
				accordance with
				335-5-1-.02. To enter an
				environmental covenant, the owner or operator, the other responsible person or
				the person conducting an environmental response project shall submit the
				following to the ADEM organizational unit under which the response action is
				being conducted:
(a) A draft of the proposed
				environmental covenant.
(b) The
				applicable fees in Fee Schedule J of 335-1-6 and
				335-5-1-.06.
(c) All pertinent information required in
				335-5-2-.01(1).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-2 - ENVIRONMENTAL COVENANTS › Section 335-5-2-.01 - Covenant Contents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				environmental covenant is not effective unless it includes all of the following
				information:
(a) A statement that the
				instrument is an environmental covenant executed pursuant to the Act.
(b) A legally sufficient description of the
				real property subject to the covenant.
(c) A description of the activity and use
				limitations on the real property.
(d) Identification of every holder.
(e) The signatures of the Director, every
				holder, and unless waived by the Department in writing, every owner of the fee
				simple of the real property subject to the covenant.
(f) The name and location of any
				administrative record for the environmental response project reflected in the
				environmental covenant.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-2 - ENVIRONMENTAL COVENANTS › Section 335-5-2-.02 - Covenant Rules

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				environmental covenant that complies with the Act and 335-5 runs with the
				land.
(2) An environmental covenant
				that is otherwise effective is valid and enforceable even if one or more of the
				following conditions apply:
(a) It is not
				appurtenant to an interest in real property.
(b) It can be or has been assigned to a
				person other than the original holder.
(c) It is not of a character that has been
				recognized traditionally at common law.
(d) It imposes a negative burden.
(e) It imposes an affirmative obligation on a
				person having an interest in the real property or on the holder.
(f) The benefit or burden does not touch or
				concern real property.
(g) There is
				no privity of estate or contract.
(h) The holder dies, ceases to exist,
				resigns, or is replaced.
(i) The
				owner of an interest subject to the environmental covenant and the holder are
				the same person.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-2 - ENVIRONMENTAL COVENANTS › Section 335-5-2-.03 - Relations To Other Land Use Law

Current through Register Vol. 42, No. 9, June 28, 2024
Neither the Act nor 335-5 authorizes the use of real property
				  which is otherwise prohibited by zoning, by other law which regulates the use
				  of real property, or by a recorded instrument that has priority over the
				  environmental covenant. An environmental covenant may prohibit or restrict a
				  use of real property which is authorized by zoning or by law other than the
				  Act.
Author:
James L. Bryant; Lawrence A. Norris,
					 and Pamela W. Luckie.
Statutory Authority:
Code of Ala.
					 1975
, §§
											35-19-6;
					 35-19-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-3 - NOTICE AND RECORDATION › Section 335-5-3-.01 - Notices Of Covenants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A copy
				of the environmental covenant shall be provided by the owner or operator or
				other responsible person and in the manner required by the Department to each
				of the following:
(a) Each person who signed
				the covenant.
(b) Each person
				holding a recorded interest in the real property subject to the
				covenant.
(c) Each person in
				possession of the real property subject to the covenant.
(d) Each municipality or other unit of local
				government in which the real property subject to the covenant is located,
				and
(e) Any persons that are due
				notice under the relevant regulatory program pursuant to which the
				environmental covenant is being granted.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-3 - NOTICE AND RECORDATION › Section 335-5-3-.02 - Recording Covenants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				environmental covenant and any amendment or termination of the covenant must be
				recorded by the owner or operator or other responsible person in every county
				where any portion of the real property subject to the covenant is located. The
				environmental covenant shall be indexed to the grantor's property in the land
				records. For purposes of indexing, a holder shall be treated as a
				grantee.
(2) Except as otherwise
				provided in
				335-5-4-.01(3),
				an environmental covenant is subject to the laws of the State governing
				recording and priority of interests in real property.
(3)
Content of Recording
				Instrument
. In lieu of recording the entire covenant, an ADEM
				approved notice may be recorded which must contain all of the following:
(a) A legally sufficient description and any
				available street address of the real property subject to the
				covenant.
(b) The names and
				addresses of the owner of the fee simple interest in the real property, the
				Department, and the holder if other than the Department.
(c) A statement that the covenant, amendment,
				or termination is available in a registry at the Department.
(d) A statement that the notice is
				notification of an environmental covenant executed pursuant to this
				Act.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-4 - DURATION AND AMENDMENT › Section 335-5-4-.01 - Duration Of Covenants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				environmental covenant is perpetual unless any of the following conditions
				apply:
(a) Its term is limited to a specific
				duration or terminated by the occurrence of a specific event.
(b) It is terminated or modified pursuant to
				335-5-4-.01(2).
(c) It is terminated or modified by consent
				pursuant to
				335-5-4-.02.
(d) It is terminated by foreclosure of an
				interest that has priority over the environmental covenant.
(e) It is terminated or modified in an
				eminent domain proceeding, but only if all of the following requirements are
				satisfied:
1. The Department is a party to
				the proceeding.
2. All persons
				identified in
				335-5-4-.02(1) and
				(2) are given notice of the pendency of the
				proceeding.
3. The court
				determines, after hearing, that the termination or modification will not
				adversely affect human health, public welfare, or the environment.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-4 - DURATION AND AMENDMENT › Section 335-5-4-.02 - Amendment Of Covenants

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Unless
				otherwise specified in the environmental covenant, no environmental covenant
				may be amended or terminated by consent unless the amendment or termination is
				signed by all of the following:
(a) The
				Department. Where the Department waives this requirement, the current owner of
				the fee simple of the real property subject to the covenant shall
				sign.
(b) Each person who
				originally signed the covenant, unless a person, in a signed record, waives the
				right to consent or a court finds that a person no longer exists or cannot be
				located or identified with the exercise of reasonable diligence.
(c) Except as otherwise provided in 335-5-4
				-.02(4)(b), the holder.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-5 - ENFORCEMENT › Section 335-5-5-.01 - Enforcement Of Covenants

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Pursuant to
Code of Ala. 1975
, §
									22-22A-5, ADEM may pursue
				enforcement action for violation of an environmental covenant established under
				335-5.
(2) A civil action for
				injunctive or other equitable relief for violation of an environmental covenant
				may be maintained by any of the following parties or entities:
(a) A party to the covenant.
(b) The Department.
(c) Any person to whom the covenant expressly
				grants power to enforce.
(d) A
				person whose collateral, liability, or interest in the real property may be
				affected by the alleged violation of the covenant.
(e) A municipality or other unit of local
				government in which the real property subject to the covenant is
				located.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-5 - ENFORCEMENT › Section 335-5-5-.02 - Duties Of The Department

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				The Department is designated as the administrating agency for the Act and 335-5
				and is authorized to administer and enforce the Act and these regulations
				through the authorities granted to it by the Environmental Management Act,
Code of Ala. 1975
, §§
									22-22A-1, et seq.
(2) The designation provided in subsection
				(1) does not imply that the Department shall assume any administration or
				enforcement functions other than those directly related to the environmental
				covenant.
(3) With respect to an
				environmental response project, the Act does not limit the regulatory authority
				of the Department under other law.
Authors:
James L. Bryant; Lawrence A.
					 Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											35-19-11;
					 35-19-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-1 - GENERAL PROVISIONS › Section 335-6-1-.01 - General Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions describe the meaning of certain
				  terms used in this Division, unless a different meaning clearly appears from
				  the context or unless a different meaning is stated in a definition applicable
				  only to a particular chapter within this Division. Additional terms may also be
				  defined in individual chapters.
(a)
				The following terms shall have the meanings set forth in the AWPCA "waters,"
				"pollution," "sewage," "industrial wastes," "other wastes," "person," and
				"discharge."
(b) "AWPCA" means the
				Alabama Water Pollution Control Act, as amended,
Code of Ala.
				1975
, §§
									22-22-1 to
				22-22-14.
(c) "Administrator" means the Administrator
				of the United States Environmental Protection Agency.
(d) "Director" means the Director of the
				Alabama Department of Environmental Management, appointed pursuant to
Code of Ala. 1975
, §
									22-22A-3(4).
(e) "Department" means the Alabama Department
				of Environmental Management established by
Code of Ala.
				1975
, §
									22-22A-3(1).
(f) "EPA" means the United States
				Environmental Protection Agency or its successor.
(g) "FWPCA" means the Federal Water Pollution
				Control Act, also known as the Clean Water Act, as amended,
				33 U.S.C. §
										1251
et seq
., and
				regulations listed thereunder.
(h)
				"Regulation" or "Rule" means each Department statement of general applicability
				that implements, interprets, or prescribes law or policy, or describes the
				organization, procedure, or practice requirements of the Department. The term
				includes the amendment or repeal of a prior rule but does not include:
1. Statements concerning only the internal
				management of an agency and not affecting private rights or procedures
				available to the public;
2.
				Intra-agency memoranda; or
3. An
				order which is directed to a specifically named person or to a group of
				specifically named persons which does not constitute a general class and the
				order is served on the person or persons by the appropriate means applicable
				thereto. The fact that the named person who is being regulated serves a group
				of unnamed persons who will be affected does not make such order a "rule" or
				"regulation."
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-1 - GENERAL PROVISIONS › Section 335-6-1-.02 - Adoption Of Rules And Standards

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the other rule-making requirements imposed by
				  law, the Department shall:
(1) Adopt
				rules establishing water quality standards and stream classifications for all
				waters of the State as the Department sees fit;
(2) Adopt effluent limitation guidelines; a
				system for issuance of permits which system shall include effluent limitations
				for each discharge for which a permit is issued; and, such other rules as
				necessary to enforce water quality standards adopted by the Department;
				and
(3) Adopt any other rules
				within the Department's authority to further the policy and purpose of the
				AWPCA and to control pollution in the waters of the State.
(4) No rule of the Department is valid or
				effective against any person or party, nor may it be invoked by the Department
				for any purpose until it has been made available for public inspection as
				herein required. This provision is not applicable in favor of any person or
				party who has actual knowledge thereof.
Author:
David Ludder
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 335-6-1 - GENERAL PROVISIONS › Section 335-6-1-.04 - Electronic Reporting Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose and
				Applicability
.
(a) This rule, in
				conjunction with the reporting requirements specified in chapters 335-6-5 and
				335-6-6, specifies the requirements for the electronic reporting of the
				information specified in paragraph (2) of this rule.
(b) This rule applies to any person who:
1. Is required to apply for or has obtained a
				State Indirect Discharge (SID permit under chapter 335-6-5;
2. Is required to apply for or has obtained
				an individual NPDES permit or coverage under a general NPDES permit under
				chapter 335-6-6; or
3. Submits a
				stormwater no exposure certification (NEC) or has an approved stormwater no
				exposure certification (NEC) in lieu of an individual or general permit under
				chapter 335-6-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-2 - STATE CERTIFICATION OF WATER POLLUTION CONTROL FACILITIES OF SMALL BUSINESS CONCERNS › Section 335-6-2-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter is promulgated for the purpose of establishing
				  procedures to enable the Department to conduct a program for the issuance of
				  statements, referred to in Section 7(g) of the Small Business Act and Section 8
				  of the FWPCA, certifying that additions to or alterations in the equipment,
				  facilities, or methods of operation of small business concerns are necessary
				  and adequate to comply with requirements established under the FWPCA.
Author:
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 335-6-2 - STATE CERTIFICATION OF WATER POLLUTION CONTROL FACILITIES OF SMALL BUSINESS CONCERNS › Section 335-6-2-.02 - General Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
In conducting the above-mentioned program, the procedures and
				  provisions set forth in 40 C.F.R. Part 21 shall be applicable, except as
				  otherwise provided by these rules. The Director shall be authorized to certify
				  in accordance with 40 C.F.R. Part 21 and other rules hereafter
				  promulgated.
Author:
David Ludder
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 335-6-2 - STATE CERTIFICATION OF WATER POLLUTION CONTROL FACILITIES OF SMALL BUSINESS CONCERNS › Section 335-6-2-.03 - Submission Of Applications

Current through Register Vol. 42, No. 9, June 28, 2024
Applications for a "necessary and adequate" statement shall
				  contain the information specified in
				  40 C.F.R. §
										21.3 and shall be made to the Director,
				  Department of Environmental Management, 1751 Cong. W.L. Dickinson Drive,
				  Montgomery, Alabama 36130.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The following rules are promulgated to establish minimum
				  requirements governing the submission of plans, specifications, and other
				  technical data pursuant to
Code of Ala. 1975
, §
									22-22-9(h).
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following definitions describe the meaning of certain
				  terms used in this Chapter, unless a different meaning clearly appears from the
				  context:
(a) "professional engineer"
				shall mean a person who by reason of his special knowledge of the mathematical
				and physical sciences and the principles and methods of engineering analysis
				and design, acquired by professional education and/or practical experience, is
				qualified to practice engineering according to the provisions of Title 34,
				Chapter 11,
Code of Ala. 1975
, as amended, and is
				presently registered by the Board of Registration for Professional Engineers
				and Land Surveyors.
(b) "waste
				treatment facility" shall mean any devices or systems used in the storage,
				treatment, recycling or reclamation of municipal sewage, industrial waste or
				other waste, including but not limited to, interceptor sewers, outfall sewers,
				sewage collection systems; associated pumping power and other equipment and
				their appurtenances; extensions, improvements, remodeling, additions or
				alterations thereof. In addition, "waste treatment facility" shall mean any
				other method or system for preventing, abating, reducing, storing, treating,
				separating, or disposing of municipal waste, industrial waste, or other waste
				which flows into waters of the State.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.03 - Submission Of Plans

Current through Register Vol. 42, No. 9, June 28, 2024
The submission of plans, specifications, and other technical
				  data pursuant to §
									22-22-9(h) of the
				  AWPCA or any other order or directive of the Department relating to the
				  construction of waste treatment facilities shall be in a form which is
				  acceptable to the technical staff.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.04 - Preparation Of Plans, Specifications, And Technical Data

Current through Register Vol. 42, No. 9, June 28, 2024
Unless specifically waived in writing by the technical staff,
				  all plans, specifications, and other technical data for the construction of
				  waste treatment facilities which are submitted to the technical staff for
				  review shall be prepared by a professional engineer, presently registered to
				  practice in the State and who is competent to perform work in this field of
				  engineering.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.05 - Direct Correspondence Between Professional Engineer And The Technical Staff

Current through Register Vol. 42, No. 9, June 28, 2024
Discussions and correspondence involving technical aspects of
				  construction, modification, or additions to any waste treatment facility shall
				  be made between members of the technical staff and the professional engineer
				  directly.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.06 - Engineering Competency

Current through Register Vol. 42, No. 9, June 28, 2024
Questions which relate to the competence of any engineer to
				  design or supervise construction of any waste treatment facility shall be
				  resolved by forwarding such questions to the State Board of Registration of
				  Professional Engineers and Land Surveyors for final determination.
Author:
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.07 - Engineering Seal And/Or Signature

Current through Register Vol. 42, No. 9, June 28, 2024
Unless specifically waived in writing by the technical staff,
				  all engineering drawings, plans, specifications, plats, and reports submitted
				  to the technical staff for review pursuant to §
									22-22-9(h) of the
				  AWPCA or submitted pursuant to any order, directive, or rule of the Department
				  shall have affixed thereto the seal and/or signature of the professional
				  engineer who designed such facility and for which he accepts full
				  responsibility. The presence of such seal and/or signature should be considered
				  evidence that the professional engineer accepts full responsibility for the
				  waste treatment facility. Responsibility in this context is intended to include
				  the production of a specified quality waste effluent from the facilities when
				  constructed in accordance with plans and specifications and when such
				  facilities are properly operated.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.08 - Modifications Or Alterations

Current through Register Vol. 42, No. 9, June 28, 2024
Any proposed modification or alteration of plans,
				  specifications, or technical data previously submitted to and reviewed by the
				  technical staff must also be forwarded to the staff for review.
Author:
David Ludder
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 335-6-3 - SUBMITTAL OF ENGINEERING PLANS, SPECIFICATIONS AND OTHER TECHNICAL INFORMATION › Section 335-6-3-.09 - Engineer Inspection

Current through Register Vol. 42, No. 9, June 28, 2024
Upon completion of construction of a waste treatment facility
				  and upon request of the technical staff, the professional engineer who designed
				  such facility or assumed responsibility for its design shall furnish said staff
				  with a letter certifying that the facility has been constructed in accordance
				  with the plans, specifications, modifications, and alterations reviewed by the
				  technical staff.
Author:
David Ludder
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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.01 - Applicability (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.02 - Definitions (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.03 - Preparation Of Project Priority List (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.04 - Point Rating Of Projects (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.05 - Point Rating Determinants (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.06 - Removal From Project Priority List (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.07 - Project Bypass (Repealed)

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 335-6-4 - SYSTEM FOR DETERMINING STATE REVOLVING FUND (SRF) LOAN PRIORITY OF PUBLICLY OWNED TREATMENT WORKS PROJECTS › Section 335-6-4-.08 - Funding Reserves (Repealed)

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 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Section 403.10 of the Federal Water Pollution Control Act
				  (FWPCA) provides that a state may administer its own pretreatment program for
				  regulation of discharges of non-domestic wastewater into publicly owned
				  treatment works within its jurisdiction. Such pretreatment program, however,
				  must be comparable to the National Program. The Alabama Water Pollution Control
				  Act (AWPCA) provides that the Department shall regulate and permit the
				  discharge of sewage and industrial wastes entering a water of the state either
				  directly or indirectly by passing through a publicly or privately owned
				  treatment plant. It is the purpose of this Chapter to establish rules and
				  procedures which will enable the state to administer a pretreatment program for
				  this state and to enforce the provisions of the AWPCA.
Author:
John Poole.
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 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.03 - General Pretreatment Standards And Prohibitions And Local Limits

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An industrial
				user, whether or not the user is subject to other categorical pretreatment
				standards or any national, state, or local pretreatment requirements, shall not
				introduce into publicly or privately owned treatment works any pollutant(s)
				which, alone or in conjunction with a discharge or discharges from other
				sources, cause pass through or interference or in any other manner adversely
				impact the operation or performance of the treatment works, to include the
				method of sludge disposal in use by the publicly or privately owned treatment
				works.
(2) The following pollutants
				may not be introduced into a publicly owned treatment works:
(a) pollutants which create a fire or
				explosion hazard in the publicly owned treatment works, including, but not
				limited to, wastestreams with a closed cup flashpoint of less than 140 degrees
				Fahrenheit or 60 degrees Centigrade using the test methods specified in
				40 CFR
				261.21(1994);
(b) pollutants which will cause corrosive
				structural damage to the treatment works, but in no case discharges with pH
				lower than 5.0, unless the treatment works are specifically designed to
				accommodate such discharges;
(c)
				solid or viscous pollutants in amounts which will cause obstruction to the flow
				in sewers, or other interference with the operation of the treatment
				works;
(d) any pollutant, including
				oxygen demanding pollutants (BOD, etc.) released in a discharge of such volume
				or strength as to cause interference in the treatment works;
(e) heat in amounts which will inhibit
				biological activity in the treatment plant resulting in interference but in no
				case in such quantities that the temperature of the influent, at the treatment
				plant, exceeds 40° C (104° F) unless the treatment plant is designed to
				accommodate such heat;
(f)
				pollutants which result in the presence of toxic gases, vapors, or fumes within
				the treatment works in a quantity that may cause acute worker health and safety
				problems;
(g) any trucked or hauled
				pollutants, except at discharge points designated by the treatment works;
				and
(h) petroleum oil,
				nonbiodegradable cutting oil, or products of mineral oil origin in amounts that
				will cause interference or pass-through.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.04 - Requirement For SID Permit

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
				person shall introduce pollutants, other than domestic wastewater into a
				privately owned treatment works operated by another person without having first
				obtained a valid State Indirect Discharge (SID) Permit from the
				Department.
(2) No significant
				industrial user shall introduce pollutants into publicly owned treatment works
				without having first obtained a valid State Indirect Discharge (SID) Permit
				from the Department.
Author:
John Poole.
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 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.07 - Publicly And Privately Owned Treatment Works

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Control Of Industrial Users by Publicly
				Owned Treatment Works.
(a) The Department
				shall not process a SID Permit Application nor issue a SID Permit to a new
				discharger or a discharger that is requesting an increase in permit limits for
				any pollutant until the publicly owned treatment works has provided written
				approval of the connection.
(b) A
				publicly owned treatment works may designate any portion of its unused capacity
				as not available for industrial users by submitting such designation in writing
				to the Department. SID Permit limits will be determined on the basis of the
				capacity remaining after subtracting the sum of the reserved capacity and that
				capacity already in use from the design capacity of the treatment works. This
				reservation of capacity shall apply to pollutants regulated by local limits as
				well as to traditional substances such as organic loading, flow, ammonia, and
				suspended solids.
(c) If requested
				by the POTW the Department will require the submittal of a copy of any document
				or report, that is required to be submitted to the Department, to the POTW. If
				requested, all notifications required by the permit shall be required to made
				to the POTW. The POTW may make a one time request applicable to all permits or
				make individual requests during review of draft permits.
(d) Publicly owned treatment works shall
				report all instances of pass through or interference caused by or believed to
				be caused by an industrial user to the Department as soon as possible and no
				later than 24 hours after learning of a water quality standard violation that
				was or may have been caused by pass through or interference caused by an
				industrial user.
(e) A publicly
				owned treatment works may submit a written notification reducing or deleting
				the capacity available to a permitted industrial user. Such notification shall
				be signed by a representative of the publicly owned treatment works who meets
				the requirements of Rule 335-6-5 -.07335-6-5-.14 as an acceptable signatory to
				its NPDES permit application. The Department shall keep the notification on
				file and will use the modified capacity to develop any subsequent draft SID
				Permit.
(f) Publicly owned
				treatment works may pass ordinances, adopt policies, assess surcharges and
				regulate industrial users to the extent allowed by law. Regulatory and other
				requirements of the publicly owned treatment works may be more stringent than
				those of the Department, however the Department will enforce only requirements
				of the AWPCA and EPA and rules implementing the requirements of the AWPCA and
				EPA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-5 - INDIRECT DISCHARGE PERMIT AND PRETREATMENT RULES › Section 335-6-5-.08 - Request For Variances From Categorical Pretreatment Standards For Fundamentally Different Factors

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Request for variances from categorical pretreatment standards for fundamentally
				different factors shall be prepared in accordance with the requirements under
				40
				CFR Section
				403.13(1994).
(2) The request for a variance shall be
				submitted to the Director for action. The Director may determine that
				fundamentally different factors do not exist and deny the request. If the
				Director determines that fundamentally factors exist, he shall forward the
				request with a recommendation that the request be approved to the
				Administrator.
(3) The
				Administrator shall deny or approve the request. If the request is approved,
				the Administrator shall develop alternate pretreatment standards applicable to
				the requester discharge.
(4) The
				Administrator's decision may be contested in accordance with the procedure
				described in
				40
				CFR 403.13(1994).
(5) The Director's decision to deny may be
				appealed in accordance with Chapter 355.2.1 of the Department's Rules.
Author:
John Poole.
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-9,
					 22-22A-5,
					 22-22A-6,
					 22-22A-8.