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-.08 - Activities Not Authorized By This Chapter

Ala. Admin. Code r. 335-6-12-.08

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-12-.08 - Activities Not Authorized By This Chapter
(1) Discharge(s) from wet preparation, processing, or beneficiation, of coal, mineral, or ore, are not authorized by this Chapter. Discharge(s) from metal ore/mineral and coal, or associated product, mining, remining, recovery, storing, handling, or transloading, are not authorized by this Chapter.
(2) Discharge(s) from any mining operation that at any time has a total area of land disturbance that equals or exceeds five (5) acres in size that has not been fully reclaimed, including but not limited to, access roads, spoil areas, and mineral storage, handling, loading, and transloading areas, excavation areas, operation support areas, and vehicle maintenance areas, are not authorized by this Chapter, but are regulated pursuant to the applicable provisions of 335-6-9 and 335-6-6.
(3) Discharge(s) from any mining operations where the planned or proposed area of total land disturbance, including but not limited to, access roads, spoil areas, mineral storage areas, loading areas, excavation areas, and vehicle maintenance areas, equals, exceeds, will equal or exceed, or is predicted to equal or exceed five (5) acres, that has not been fully reclaimed, are not authorized by this Chapter.
(4) Discharge(s) from instream and within-bank mining are not authorized by this Chapter.
(5) Discharge(s) from the operation or closure of a landfill as described in ADEM Administrative Code Division 335-13 are not authorized by this Chapter. Construction disturbance associated with pre-construction testing, initial development, continuing operation, and/or expansion of a landfill is not required to register under this Chapter provided the landfill operator has obtained applicable permit coverage pursuant to the requirements of Division 335-13 prior to commencement of initial construction of the landfill. Compliance with valid permit coverage issued to the landfill operator pursuant to the requirements of Division 335-13 constitutes compliance with the provisions of this Chapter.
(6) Discharge(s) from manufacturing/industrial process or produced waste or wastewaters are not authorized by this Chapter.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-12-.08

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.