Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-5-.16 - Establishing Limitations, Standards, And Other Permit Conditions(1) In addition to permit conditions required under other rules, the Director shall establish permit conditions, as required on a case-by-case basis, to provide for and ensure compliance with all applicable requirements. An applicable requirement is a state statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit.(2) All applicable requirements shall be incorporated into each SID Permit.(3) Permit limitations based on applicable categorical pretreatment standards and general pretreatment standards shall be included in each SID Permit, this requirement is not applicable to SID Permits issued for indirect discharge to a privately owned treatment works.(4) A reopener clause that allows permit modification or permit revocation and reissuance to include the requirements of any applicable categorical standard that is promulgated under the FWPCA after the permit is issued shall be included in each SID Permit, this requirement is not applicable to SID Permits issued for indirect discharge to a privately owned treatment works.(5) A reopener clause that allows permit modification or permit revocation and reissuance to include addition of more stringent limits to prevent interference or pass-through, when the discharge is determined to cause pass through or interference and existing permit limits are not sufficient to prevent pass-through or interference shall be included in each SID Permit.(6) Where required, SID Permits shall contain permit limits based on local limits developed to prevent pass-through, sludge disposal problems, and interference.(7) To ensure compliance with permit limitations, the SID Permit may include requirements to monitor: (a) the mass, concentration, or other measurement specified in the permit, for each pollutant limited in the permit;(b) the volume of effluent discharged from each outfall; and(c) other measurements as appropriate; including pollutants in internal waste streams; pollutants in intake water for net limitations; frequency, rate of discharge, etc., for noncontinuous discharges; and pollutants subject to notification requirements; and(8) The SID Permit shall require monitoring to be performed according to test procedures approved under 40 CFR Part 136 (1994) for the analyses of pollutants having approved methods under that part, and according to a test procedure specified in the permit or approved by the Director for pollutants with no approved methods, or according to a test procedure specified in the permit for alternate test methods.(9) When more than one approved test method exists for a substance limited in the SID Permit, the SID Permit shall require the use of a method having a detection limit below the permit limit for the substance or, when no method has a detection limit as low as the permit limit, the SID Permit shall require the use of a method having the lowest detection limit.(10) The SID Permit shall require Best Management Practices to control or abate the discharge of pollutants when the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the FWPCA and the AWPCA.(11) A SID Permit issued to a commercial aqueous off-site waste treater shall be based upon a best professional judgment determination of best available technology economically achievable or local limits required to prevent pass-through or interference, whichever limit is most stringent, this requirement is not applicable to SID Permits issued for indirect discharge to a privately owned treatment works.(12) A SID Permit limit shall be the most stringent of the limits required to satisfy categorical pretreatment standards, general pretreatment standards, or local limits. Author: John Poole.
Ala. Admin. Code r. 335-6-5-.16
Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.