Ala. Admin. Code r. 335-8-2-.12
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-8-2-.12 - Discharges To Coastal Waters(1) Permit applicants for new continuous or frequent discharges to coastal waters which are greater than 1 million gallons per day, or otherwise classified as a major discharge by the Department or EPA Regional Administrator, shall: (a) characterize the sediments and benthic macroinvertebrate community present along the circumferences of two concentric circles, one with a radius of 400 feet and the other with a radius of 800 feet, both having their origin at the proposed discharge point;(b) such characterization shall be completed prior to the initiation of a discharge and shall be repeated if the discharger fails accelerated toxicity testing and is required to initiate a Toxicity Reduction Evaluation (TRE) pursuant to the applicable NPDES permit. 1. Upon notification by the Department the discharger shall repeat the characterization of the sediments and benthic community employing the same sampling locations used in the initial characterization.2. The Department shall be provided an analysis of the toxicity test and characterization results, to include plans for any necessary corrective action.(2) Existing permitted NPDES dischargers to coastal waters with a continuous or frequent discharge of greater than 1 million gallons per day, or otherwise classified as a major discharge by the Department, shall, upon request for a permit renewal perform a sediment and benthic community characterization as described in paragraph (a) above prior to applying for permit renewal. If a sediment and benthic characterization has been performed in the past then the renewal characterization shall use the same sampling locations as the original characterization and be conducted during the same season. An analysis of the results shall be provided to the Department with the application for renewal. Such characterization shall be repeated if the discharger fails accelerated toxicity testing and is required to initiate a Toxicity Reduction Evaluation (TRE) pursuant to the applicable NPDES permit.(3) If the Department determines that the discharge is resulting in significant adverse impact to the benthic community or sediment quality in an area beyond the boundaries of the original characterization or 400 feet if an original characterization was not performed, the discharger shall be required to submit plans to identify corrective actions which will be taken.(4) The Department may suspend or otherwise modify the monitoring requirements of this rule if: (a) the Department determines, through review of discharger information and/or its own monitoring efforts, that the discharge is having no significant impact to coastal resources beyond 400 feet of the discharge point; or(b) the Department determines, through review of discharger information and/or its own monitoring efforts, that the discharge monitoring is inadequate to detect significant impacts to coastal resources beyond 400 feet of the discharge point; or(c) the Department determines, based on available biological and chemical data that, due to the nature of the discharge, no significant impacts to coastal resources will occur beyond 400 feet of the discharge point; or(d) deemed necessary by the Department to ensure the protection of coastal resources. Author: John C. Carlton
Ala. Admin. Code r. 335-8-2-.12
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.