Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTWATER 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-.06 - Compliance With NPDES Rules

Ala. Admin. Code r. 335-6-12-.06

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-12-.06 - Compliance With NPDES Rules
(1) Registration under this Chapter constitutes NPDES permit coverage as provided in Chapter 335-6-6. Operators shall comply with all provisions of this Chapter, applicable provisions of the NPDES permit program as described in Chapter 335-6-6, and other applicable provisions of ADEM Administrative Code Division 335-6.
(2) Any noncompliance with this Chapter constitutes a violation of this Chapter, Alabama NPDES rules, and the AWPCA, and is grounds for enforcement action, including termination or denial of registration, and/or for requiring the operator or registrant to apply for and obtain an individual NPDES permit.
(3) It shall not be a defense for an operator subject to an enforcement action that it would have been necessary to halt or reduce construction/disturbance activity or the permitted activity in order to maintain compliance with the conditions of this Chapter. Upon reduction in effectiveness, loss, or failure of a treatment facility or BMP, the operator shall, to the extent necessary to maintain compliance with this Chapter, control/suspend/cease construction/discharge until the construction BMP/control is restored or an effective alternative BMP or method of effective treatment is provided.
(4) The operator shall take all reasonable steps to prevent and/or minimize, to the maximum extent practicable, any discharge in violation of this Chapter or which has a reasonable likelihood of adversely affecting the quality of groundwater or surface water receiving the discharge(s).
(5) This Chapter may be both greater in scope and more stringent than required by federal law. Enforcement authority for conditions in this Chapter which constitute greater scope of coverage than required by Federal law are not part of the federally approved NPDES program and therefore are not subject to EPA oversight. The Director retains final authority regarding questions or disputes related to administrative procedures, technical determinations, and interpretation or meaning of the requirements of this Chapter, and as otherwise provided by law.
(6) Any person who knowingly omits or ignores required or pertinent information, or makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this Chapter, including monitoring reports or reports of compliance or noncompliance, shall be subject to penalties as provided by the AWPCA.
(7) Except as provided by the bypass and upset conditions contained in this Chapter, nothing in this Chapter shall be construed to relieve the operator of civil or criminal liability under the AWPCA for noncompliance with any term or condition of this Chapter.
(8) The filing of a request by the operator for any action such as a request for termination, submittal deadline extension, or application for an individual permit, or any other action, does not stay any requirement of this Chapter.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-12-.06

New Rule: Filed December 19, 2002; effective January 23, 2003.

Statutory Authority:Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-22A-1 to 22-22A-16etseq., as amended.