Ala. Admin. Code r. 420-3-1-.50

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

Section 420-3-1-.50 - Protection Of EDF And REDF

(1) The primary purpose for requiring protection of the EDF and REDF is to prevent any disturbance to these areas that will affect the integrity of the soil and the performance of the OSS, to avoid costly and untimely delays, and to identify these areas as EDFs. These areas shall be restricted from building development prior to installation of the 08S.

(a) Protection of the EDF and REDF shall be the responsibility of the property owner but may be delegated to an appropriate responsible party depending on the site location, type of system, level of development, and construction activity.

(b) Protective actions and methods may vary according to the type of building development and OSS.

(2) Large-Flow Developments shall have protective actions and methods submitted as part of the Site Development Plan. The Site Protection Plan is to be implemented once locations of EDF and REDF are determined. The EDF and REDF shall be physically protected in a manner directed by the LHD that is reasonably expected to protect the areas prior to and during construction and development activities for the Large-Flow Development. The EDF and REDF shall be designated in such a manner to communicate that these areas are for sewage disposal.

(3) Small-Flow Systems within a Large-Flow Development shall have EDF and REDF protective measures in place prior to individual lot development and/or building or establishment construction. If protective measures implemented for the Large-Flow Development prove to be inadequate or need to be reinforced, adjustments shall be made prior to issuing a Permit to Install.

(4) Large-Flow Systems shall have protection of the EDF and REDF implemented as stated for Large-Flow Developments.

(5) Small-Flow Developments, not part of a Large-Flow Development, shall have EDF and REDF protective measures in place as stated for Small-Flow Systems within a Large-Flow Development but may take into consideration factors that could require a lesser degree of protection due to property size, distance to EDF and REDF from building, or establishment construction, or other reasons as deemed appropriate for consideration by the LHD.

(6) Sites with High Intensity Soil Maps are excluded from this requirement due to the flexibility soil mapping allows. Protection of the EDF/REDF areas shall be required during the application process at the point the CEP-2 is submitted with a plot plan for the site.

Ala. Admin. Code r. 420-3-1-.50

Filed July 20, 1988. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006. Amended: Filed October 19, 2006; effective November 23, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .77 was renumbered .50 per certification published December 30, 2022; effective February 13, 2023.

Author: Tom Jensen, David Gray, Boyd Rogers, Richard Smith

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1et seq.