Ala. Admin. Code r. 335-6-10-.10

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-10-.10 - Special Designations

(1) Outstanding National Resource Water

(a) Designation:

1. High quality waters that constitute an outstanding National resource, such as waters of national and state parks and wildlife refuges and waters of exceptional recreational or ecological significance, may be considered for designation as an Outstanding National Resource Water (ONRW). For waters designated as ONRW, existing water quality shall be maintained and protected.

(b) Specific Criteria:

1. Sewage, industrial wastes or other wastes:

(i) No new point source discharges or expansions of existing point source discharges to Outstanding National Resource Waters shall be allowed.

(ii) Existing point source discharges to the Outstanding National Resource Water shall be allowed provided they are treated or controlled in accordance with applicable laws and regulations.

(iii) New point source discharges or expansions of existing point source discharges to waters upstream of, or tributary to, Outstanding National Resource Waters shall be regulated in accordance with applicable laws and regulations, including compliance with water quality criteria for the use classification applicable to the particular water. However, no new point source discharge or expansion of an existing point source discharge to waters upstream of, or tributary to, Outstanding National Resource Waters shall be allowed if such discharge would not maintain and protect water quality within the Outstanding National Resource Water.

(iv) Nonpoint source discharges shall use best management practices adequate to protect water quality consistent with the Department's nonpoint source control program.

(2) TREASURED ALABAMA LAKE

(a) Designation:

1. High quality waters within impoundments and natural lakes that constitute an exceptional resource, such as waters of state parks and wildlife refuges and waters of exceptional whole body water-contact recreation, water supply or rare and extraordinary ecological significance, may be considered for designation as a Treasured Alabama Lake (TAL); provided that such waters are fully supporting their classified uses at the time of the TAL designation. For waters designated as TAL, existing water quality shall be maintained and protected pursuant to the State's Antidegradation Policy and Implementation Procedures in rules 335-6-10-.04 and 335-6-10-.12.

(b) Specific Criteria:

1. Sewage, industrial wastes or other wastes:

(i) Existing point source discharges to a TAL shall be allowed.

(ii) New point source discharges or expansions of existing point source discharges shall not be allowed unless a thorough evaluation of all practicable treatment and disposal alternatives by the permit applicant has demonstrated to the satisfaction of the Department that there is no feasible alternative to discharge to the waters designated TAL. Continuous point source wastewater discharges shall be required to meet water quality based effluent limitations necessary to protect the designated uses of the waters, and shall provide disinfection of the effluent to achieve bacteria levels consistent with the swimming use when the discharge contains domestic sewage. New major continuous point source wastewater discharges or expansions of existing major continuous point source wastewater discharges shall, at a minimum, be required to meet a monthly average effluent limitation of 1.0 mg/l total phosphorus. Stormwater discharges subject to the Department's NPDES regulations shall employ best management practices adequate to protect water quality. Applications for construction stormwater permits shall include a Construction Best Management Practices Plan (CBMPP).

(iii) Nonpoint source discharges shall use best management practices adequate to protect water quality consistent with the Department's nonpoint source control program.

Ala. Admin. Code r. 335-6-10-.10

New Rule: Filed February 27, 1991; effective April 3, 1991.Amended: Filed April 18, 2011; effective May 23, 2011.

Author: James E. McIndoe, Lynn Sisk

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