Ala. Admin. Code r. 335-8-2-.10

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

Section 335-8-2-.10 - Siting, Construction And Operation Of Energy Facilities

(1) All new energy facilities located wholly or partially within the coastal area and which require a federal license or permit or a state agency permit must also receive coastal consistency from the Department prior to any land clearing or construction. In addition to the information provided to the federal and state permitting agencies, the following supplemental information shall be provided to the Department:

(a) a survey of the property, encompassing the entire project, prepared by a duly licensed land surveyor of the State of Alabama which shows all property boundaries, existing topographic features, all existing water courses, any and all areas which have been delineated as wetlands, and the proposed location(s) of all improvements and facilities;

(b) identification of all environmental permits which may be required for construction; discharges to water; air emissions; hazardous waste generation; transportation; storage and disposal; solid waste disposal; groundwater extraction; etc; and

(c) an indication of the potential impacts to the following coastal resources, as applicable:

Water Quality Groundwater Resources

Air Quality Wildlife Habitat

Wetlands and Cultural Resources

Submersed GrassBeds

Beaches and Dunes

(2) The siting, construction and operation of energy facilities shall be conducted in a manner which minimizes significant impacts to coastal resources.

(3) Discharge of untreated produced waters resulting from energy exploration or production activities to the coastal waters of Alabama shall not be permissible.

(4) Discharge of untreated drill muds and/or cuttings to coastal waters shall be permissible only in the Gulf of Mexico, and provided that:

(a) the discharge complies fully with the requirements of ADEM Admin. Code R. 335-8-2-.12 even though the discharge may not be continuous;

(b) discharges shall not occur within two nautical miles of the shores of gulf beaches; and

(c) discharges shall not occur within 3000 meters of another active permitted mud or cuttings discharge.

(5) Routing of pipelines, cables, and other such energy facility related appurtenances which are buried under or placed upon state waterbottoms shall comply with the provisions of 335-8-2-.02.

(6) To the maximum extent possible, pipelines, cables and other such energy facility related appurtenances which are buried under or placed upon state waterbottoms shall be routed through existing pipeline corridors to make landfall.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-2-.10

New Rule: Filed May 26, 1994; Effective June 30, 1994. Amended: Filed March 22, 1995; effective April 26, 1995.

Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.