Ala. Admin. Code r. 335-6-6-.05

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

Section 335-6-6-.05 - Duration Of Permits

(1) An NPDES permit issued pursuant to the AWPCA and this chapter shall have a fixed term not to exceed five years unless a longer term is allowed by 40 CFR Part 122 and is approved by the Director. A person who wishes to continue to discharge beyond the term of such permit shall apply for reissuance of an NPDES permit pursuant to Rule 335-6-6-.08.

(2) Except as provided by paragraph 335-6-6-.05(4), an NPDES permit issued for a "new discharger" or "new source" shall expire eighteen months after issuance if "construction" has not begun during that eighteen-month period. This period shall be tolled by any administrative request for hearing or an administrative or judicial stay.

(3) That portion of an NPDES permit authorizing the discharge of increased quantities of pollutants to accommodate the modification of an existing facility shall expire eighteen months after issuance if "construction" of the modification has not begun within eighteen months after reissuance of the NPDES permit or modification of the NPDES permit to allow the discharge of increased quantities of pollutants. This period shall be tolled by any administrative request for hearing or an administrative or judicial stay.

(4) An NPDES permit issued for a "new discharger" or "new source" associated with a "surface coal mine" shall expire eighteen months after issuance if "construction" has not begun during that eighteen-month period, unless the Permittee has not started "construction" pending issuance of a permit by the "ASMC" and at the time the NPDES permit was issued had complied with the application requirements of the "ASMC" Administrative Code Title 880. In such cases, the NPDES permit shall expire 18 months after issuance of the "ASMC" permit if "construction" has not begun during that eighteen-month period. This period shall be tolled by any administrative request for hearing or an administrative or judicial stay.

Ala. Admin. Code r. 335-6-6-.05

October 19, 1979. Amended: January 24, 1989. Amended: Filed August 8, 1995; effective September 12, 1995. Amended: Filed June 26, 2002; effective July 31, 2002. Amended: Filed February 28, 2012; effective April 3, 2012.

Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Authors: John Poole, Richard Hulcher, Glenda Dean, Chip Crockett

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