Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTWATER DIVISION - WATER QUALITY PROGRAM
Chapter 335-6-7 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) BEST MANAGEMENT PRACTICES, REGISTRATION REQUIREMENTS, TECHNICAL STANDARDS AND GUIDELINES, CONSTRUCTION AND OPERATION REQUIREMENTS, WASTE/WASTEWATER AND WASTE PRODUCT TREATMENT, STORAGE, HANDLING, TRANSPORT, AND DISPOSAL/LAND APPLICATION, NUTRIENT MANAGEMENT, AND ANIMAL MORTALITY MANAGEMENT REQUIREMENTS FOR OWNERS AND OPERATORS OF ANIMAL FEEDING OPERATIONS (AFOS) AND CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS)
Section 335-6-7-.06 - Compliance With NPDES Rules

Ala. Admin. Code r. 335-6-7-.06

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-7-.06 - Compliance With NPDES Rules
(1) Approval of Registration under this Chapter constitutes NPDES permit coverage as provided in Chapter 335-6-6. Unless specifically provided otherwise by this Chapter, Registrants shall comply with all provisions of this Chapter and the NPDES permit program as described in Chapter 335-6-6.
(2) Any noncompliance with this Chapter constitutes a violation of this Chapter and NPDES rules and may constitute a violation of the CWA and the AWPCA and is grounds for enforcement action and/or for requiring the owner/operator or registrant to apply for and obtain an Individual NPDES permit.
(3) It shall not be a defense for an owner/operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Chapter. Upon reduction, loss, or failure of the treatment facility, the owner/operator shall, to the extent necessary to maintain compliance with this Chapter, control production or discharge or both until the facility is restored or an effective alternative method of treatment is provided.
(4) The owner/operator shall take all reasonable steps to prevent and minimize to the maximum extent practicable any discharge in violation of this Chapter which has a reasonable likelihood of adversely affecting human health or the environment and/or the groundwater or surface water receiving the discharge(s).
(5) In accordance with the provisions of 40 CFR 123.1(i), states may adopt and enforce Rules which are more stringent than those required for NPDES delegation, or operate a program with a greater scope of coverage than required by federal law and an owner/operator shall comply with such State Rules. This includes any requirements to prohibit discharge from all AFOs regardless of the number of animals being confined, stabled, or concentrated and fed. This Chapter may be both greater in scope and more stringent than required by federal law. Enforcement authority for conditions in this Chapter which constitute greater scope of coverage than required by Federal law are not part of the federally approved NPDES program and therefore are not subject to EPA oversight.
(6) To ensure compliance with the requirements of this Chapter, an AFO/CAFO owner/operator has the option to apply for and obtain coverage under an Individual NPDES permit, considering the requirements of Rule 335-6-7-.07(3), including payment of required application fees, as provided in 40 CFR 122.28(b)(2)(i), and as pursuant to the requirements of Chapter 335-6-6. All requirements of this Chapter shall apply to the AFO/CAFO owner/operator until issuance of the Individual NPDES permit. The AFO/CAFO owner/operator shall be considered in violation of this Chapter, the AWPCA, and NPDES requirements each day that the operation is not in compliance with the requirements of this Chapter until the required complete and correct Individual permit application is submitted and Individual permit coverage is issued by the Department.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.06

Amended: Filed February 24, 1999; effective March 31, 1999.

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