Ala. Admin. Code r. 335-6-7-.04

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

Section 335-6-7-.04 - General Provisions

(1) All AFOs, regardless of size or registration status, must maintain adequate records to document compliance with this Chapter and shall fully implement and regularly maintain comprehensive waste management system Best Management Practices (BMPs) to the maximum extent practicable which meet or exceed NRCS technical standards and guidelines to prevent and minimize discharges of pollution during construction and operation. Appropriate pollution abatement/prevention facilities and structural and nonstructural BMPs, or Department approved equivalents, must be fully implemented prior to and concurrent with commencement of regulated activities and regularly maintained during operation as needed at the facility to meet or exceed NRCS technical standards and guidelines and ADEM requirements until closure is approved by the Director or his designee. Failure to fully implement and regularly maintain BMPs for the protection of water quality and minimization of odors to the maximum extent practicable may subject the owner/operator of the AFO to appropriate enforcement action.

(2) All AFO owners/operators shall regularly inspect and evaluate their facility(s) to ensure compliance with provisions of this Chapter. Each owner/operator of an AFO that is also a defined CAFO or that may meet the criteria for designation as a CAFO under this Chapter shall notify the Director or his designee of their status and register. Each CAFO owner/operator shall implement and maintain an approved WMSP and submit formal certification/evaluation as required by this Chapter. Each owner/operator of an AFO that has a question or is unsure regarding their status under this Chapter shall contact the Director or his designee for clarification of their status.

(3) Except as provided otherwise by this Chapter and approved by the Director or his designee in writing, after September 30, 1999, continued operation of CAFO facilities existing after April 1, 1999 who have not submitted a complete and correct application or Notice of Registration (NOR) for coverage under a valid NPDES Registration, General permit (if issued), or Individual permit, are prohibited. Except as provided otherwise by this Chapter and approved by the Director or his designee in writing, after April 1, 1999, construction of, or commencement of regulated activity, at proposed CAFO facilities who have not submitted a complete and correct application or NOR and have not been granted coverage under a valid NPDES Registration, General permit, or Individual permit, and by the Director or his designee, is prohibited.

(4) Construction and operation of, and discharges from, CAFO facilities who have had coverage terminated or have been denied coverage under a valid NPDES Registration, General permit, or Individual permit, are prohibited.

(5) As used in this Chapter:

(a) Words in the masculine gender also include the feminine and neuter genders; and

(b) Words in the singular include the plural and words in the plural include the singular; and

(c) Words that are capitalized include non-capitalized and non-capitalized words include capitalized.

(6) In any case where rule(s) may appear to be in conflict, allow different actions, or allow a choice of actions, the requirements of the rule(s) are presumed to complement and supplement each other. For buffers, the more stringent applicable buffer requirement shall apply.

Authors: Richard Hulcher, Steven Jenkins

Ala. Admin. Code r. 335-6-7-.04

Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

Statutory Authority:Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-28-1 to 22-28-23; 22-22A-1 to 22-22A-16etseq., as amended.