Ala. Admin. Code r. 335-6-12-.15
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-12-.15 - Routine Reporting, Notification, And Record Keeping Requirements(1) Construction site operators shall cooperate fully with inspections, monitoring, records review, and testing conducted by the Department as well as requests for submission of available documents, or technical data, and any testing/monitoring performed by the operator.(2) Construction site operators shall keep all records required either: (a) At the construction site and immediately available for inspection by the Department; or(b) At an alternative site previously identified to the Department, provided they are readily available for inspection upon request.(3) The operator shall document the names of individual(s) that perform inspections.(4) All discharge information, data, records, and other information required to be maintained by the operator shall be made available to the Department upon request. Signed copies of monitoring reports or other information shall be submitted to the Department upon request. The operator shall retain records of all inspections and monitoring required to be maintained by this Chapter, including all certification reports, noncompliance reports, calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Chapter, and records of all data used to complete the above reports or the NOR requesting registration under this Chapter until after construction is complete and any disturbance reclaimed or effective stormwater quality remediation achieved. Operators of NPDES construction sites shall retain copies of all records required by this Chapter for a period of at least three (3) years after proper termination of registration pursuant to the requirements of this Chapter. This period may be extended by the Director at any time during the 3 year record retention period for reasonable cause. If litigation or other enforcement action is ongoing which involves any of the above records, the records shall be kept until the litigation or other enforcement action is resolved.(5) Except for data determined to be confidential under Code of Ala. 1975, § 22-22-9(c), as amended, under Rule 335-6-6-.07, all reports prepared and submitted in accordance with the terms of this Chapter shall be available for public inspection at the Department's Central Montgomery Office, or through alternative procedures implemented by the Department.(6) The operator shall furnish to the Department any information which the Director may request to determine whether cause exists for modifying, revoking, and requiring coverage under an NPDES individual permit, or terminating the construction site's registration under this Chapter, or to determine compliance with this Chapter.(7) Failure to record and maintain adequate records documenting the operation of a construction site shall not be a defense to the Department determining that the construction activity is an NPDES construction site requiring registration under Rule 335-6-12-.11.(8) Summary annual reports for the previous year shall be submitted in a format acceptable to the Department and with submittal of an NOR requesting re-registration: (a) For construction projects granted a multi-year registration, the report shall summarize all inspection information every twelfth (12th) month after initial registration, regardless of the status of the site, until construction is finished, reclamation of disturbed areas is complete, or effective stormwater quality remediation is achieved, and the registration is properly terminated;(b) With a request by the operator to re-register or terminate registration under this Chapter after completion of all disturbance, reclamation, and stormwater remediation activities. Documentation summarizing all inspection and monitoring data and other relevant information and, for requests for termination of registration, a demonstration that appropriate, effective actions have been taken for the survival of permanent vegetative cover shall be included with this request; and(c) Results of all required inspections shall be summarized in a format acceptable to the Department, and shall be available for inspection no later than fifteen (15) days following the date of the inspection, monitoring, or sampling. Reports shall be legible and bear an original signature or, in the case of electronic reports, an electronic signature.(9) Construction site operators shall furnish to the Department upon reasonable request and in a timely manner, available information, including but not limited to, the name, phone number, address, county, site location, and directions to the site, which identifies offsite sources of material, natural resources used or stored at the construction site, and the acquisition, usage, storage, handling, and transport of construction site related regulated chemicals, compounds, and pollutants.(10) The operator shall notify the Department as soon as it is known, or there is reason to believe, that any activity has occurred or will occur which would result in the discharge on a routine or frequent basis of any toxic pollutant which is not effectively limited/controlled by the requirements of this Chapter, or if that discharge will exceed the highest of any notification levels pursuant to Rule 335-6-6-.13.(11) Recording of Results (a) For each inspection, measurement, sample taken, laboratory or field measurement, parameter, or analysis performed, observed, or recorded pursuant to the requirements of this Chapter, the operator shall record the following minimum information: 1. The site/facility name and location, registration number, source location, date, time and exact place of sampling, if conducted. If sampling is not conducted, a written explanation why sampling was not conducted or did not need to be conducted to ensure compliance with the requirements of this Chapter;2. The name of those persons who performed the inspection or obtained the samples or measurements; the dates and times the inspection or the analyses were performed; the name(s) of the person(s) who performed the analyses; the analytical techniques or methods used, including source of method and method number; the equipment used, methods used, and calibration procedures; the results of all samples and analyses; and3. Any deficiencies noted during the inspection, any corrective action or mitigation needed to correct the deficiencies, and a proposed compliance schedule not to exceed seven (7) days for temporary, nonstructural BMP implementation, fifteen (15) days for implementation of structural controls, or an alternative schedule acceptable to the Department.(b) The operator shall maintain records regarding chemical use, storage, and including a copy of all Material Safety Data Sheet(s) (MSDS).(12) If the operator becomes aware that it submitted incomplete information, failed to submit any relevant facts or submitted incorrect information in any report to the Department, it shall promptly submit such facts, corrections, or information with a written explanation for the mistake and/or omission. Author: Richard Hulcher
Ala. Admin. Code r. 335-6-12-.15
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.