Ala. Admin. Code r. 335-6-12-.07
Current through Register Vol. 43, No. 1, October 31, 2024
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(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.(4) Termination Or Denial Of Registration (a) If cause exists for denial or termination of registration or under this Rule, the Director may determine that termination or denial of registration is appropriate. The following may be causes for terminating a registration during its term, for denying a request for registration, or denying a request for re-registration: 1. Substantial noncompliance by the operator with any registration requirement or the requirements of this Chapter;2. Failure by the operator to disclose fully all relevant facts or the operator's misrepresentation of any relevant facts, at any time;3. A change in any condition that results in either a temporary or a permanent reduction or elimination of any discharge controlled by the registration, including but not limited to, completion of construction, or termination of a discharge by connection to a publicly/privately owned treatment works;4. The compliance history of the operator; or5. Any other relevant factors the Director reasonably determines to be appropriate.(b) If the Director determines that a registration that results in compliance with applicable water quality standards could not be issued or, if issued, could not be complied with, such registration shall be terminated or denied.(c) Any operator whose registration is denied or terminated pursuant to the provisions of this Rule shall comply with the AWPCA and applicable requirements of Division 335-6.(5) The Director may, for cause, require any operator regulated under this Chapter to apply for and obtain registration modification or to apply for and obtain NPDES individual or general permit coverage for those causes set forth in Rule 335-6-6-.17.(6) If the operator determines that any past activity regulated by this Chapter should have obtained registration or registration modification under this Chapter, issuance of an individual NPDES permit, or coverage under a general permit, under Rule 335-6-6-.03, the operator shall report such information to the Director. Author: Richard Hulcher
Ala. Admin. Code r. 335-6-12-.07
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.