Ala. Admin. Code r. 335-6-5-.21
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-5-.21 - SID Permit Development(1) Tentative Determinations. When the Department is satisfied that an application is complete it shall make a tentative determination on the application, including a tentative determination to issue or to deny a SID Permit for the discharge(s) described in the application. If the tentative determination is to issue a SID Permit, the following additional tentative determinations shall be made: (a) tentative discharge limitations and monitoring requirements shall be identified for the constituents proposed to be limited;(b) a preliminary schedule of compliance for meeting the tentative discharge limitations including interim dates and requirements, if applicable; and(c) any other tentative restrictions or other conditions determined necessary by the Director which will significantly affect the discharge described in the application.(2) A determination may be made by the Director to deny a permit application if the applicant operates other permitted facilities within the state which are in substantial non-compliance, as determined by the Director, until such non-compliance is corrected or if the Director determines that a permit that results in compliance with applicable pretreatment standards or local limits could not be issued or, if issued, could not be complied with.(3) Draft Permits. (a) If the tentative determination is to issue, reissue, or modify a SID Permit, the Department shall prepare a draft SID Permit based upon the tentative determinations made pursuant to paragraph 335-6-6-.19(1) for the SID Permit application.(b) All effluent limitations, monitoring requirements, schedules of compliance, or other conditions determined necessary by the Director to be included in the draft permit shall be in accordance with the provisions of Chapter 335-6-5 where applicable.(c) For every draft SID Permit, the Department shall prepare a statement (rationale) of the basis of the conditions in the draft SID Permit. The rationale and draft permit shall be available to the public.(d) If a tentative decision is made to deny the SID Permit application, the Department shall prepare a statement (rationale) of the basis for denial, which shall be available to the public.(4) The draft permit, denial, and rationale shall be provided the publicly or privately owned treatment works and the applicant and the recipients shall be provided a minimum of 30 days to review and comment on the proposed permit. The applicant and the treatment works may waive any or all of the comment time by mutual agreement.(5) Comments received from the treatment works and the applicant will be considered by the Director and a final decision to issue the permit as proposed, to modify the proposed permit in response to comments and to issue the modified permit, or to deny the permit will be made by the Director. Should the treatment works choose to object to issuance of the permit, the Director shall deny the permit. Author: John Poole.
Ala. Admin. Code r. 335-6-5-.21
Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5, 22-22A-6, 22-22A-8.