Ala. Admin. Code r. 335-6-6-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-6-6-.04 - Prohibited Discharges

An NPDES permit shall not be issued to a person proposing any of the following discharges:

(a) a discharge containing a radiological, chemical or biological warfare agent or a high-level radioactive waste;

(b) a discharge which, as determined by the Secretary of the Army, would substantially impair anchorage or navigation;

(c) a discharge in conflict with an Area Wide Waste Treatment Management Plan or amendment thereto, certified by the state and approved by EPA pursuant to Section 208(b) of the FWPCA;

(d) a discharge for which the applicant is required to obtain a certification under Section 401 of the FWPCA and that certification has not been obtained or waived;

(e) a discharge to waters of the territorial seas or the contiguous zone in the following circumstances:

1. before the promulgation of guidelines under Section 403(c) of the FWPCA, (for determining degradation of the waters of the territorial seas or the contiguous zone) unless it is determined to be in the public interest or

2. after promulgation of guidelines under Section 403(c) of the FWPCA, when insufficient information exists to make a reasonable judgment whether the discharge complies with them;

(f) when the imposition of conditions cannot ensure compliance with applicable water quality requirements;

(g) a discharge to which the Regional Administrator objects in writing to the Department pursuant to any right to object provided the Regional Administrator in Section 402(d) of the FWPCA;

(h) a discharge which otherwise does not comply with the AWPCA or the FWPCA; or

(i) a discharge from the construction of a new source or the construction of a new discharger, if the discharge from its construction will cause or contribute to the violation of water quality standards.

(j) a discharge from the operation of a new source or the operation of a new discharger, if the discharge from its operation will cause or contribute to a violation of water quality standards.

Authors: John Poole, Richard Hulcher

Ala. Admin. Code r. 335-6-6-.04

October 19, 1979. Amended: January 24, 1989. Amended: Filed June 26, 2002; effective July 31, 2002.

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22A-5.