Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTWATER DIVISION - WATER QUALITY PROGRAM
Chapter 335-6-12 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) CONSTRUCTION, NONCOAL/NONMETALLIC MINING AND DRY PROCESSING LESS THAN FIVE ACRES, OTHER LAND DISTURBANCE ACTIVITIES, AND AREAS ASSOCIATED WITH THESE ACTIVITIES
Section 335-6-12-.04 - Chapter Modification And Public Participation

Ala. Admin. Code r. 335-6-12-.04

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Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-12-.04 - Chapter Modification And Public Participation
(1) The Department shall cause to be published a Public Notice with a comment period of not less than thirty (30) days to solicit public participation and comment and to schedule a Public Hearing, if necessary, according to procedures described in Rule 335-6-6-.21 regarding the content of, implementation of, and compliance with provisions herein, prior to the completion of the first five-year term beginning with the effective date of this Chapter, and at least once every five years after the Public Notice referenced above or each subsequent Public Notice is held. After review of comments received during the public participation process, and no later than one-hundred and twenty (120) days after the close of the public comment period, the Department shall prepare a written Response to Comments addressing comments received during the public participation process and shall make a determination in writing regarding the status of this Chapter and of the need, if any, to initiate procedures pursuant to Code of Ala. 1975, §§ 41-22-1 through 41-22-27, as amended, to modify this Chapter to ensure that the requirements of this Chapter are in accordance with the requirements of the Alabama Water Pollution Control Act (AWPCA), Clean Water Act (CWA), and regulations promulgated pursuant thereto. Where the Department has initiated procedures to modify this Chapter as set forth in this Rule, the Department shall provide the proposed modifications to the EPA Regional Administrator for comment consistent with NPDES regulations.
(2) The Department shall cause to be published a Public Notice with a comment period of not less than thirty (30) days according to procedures described in Rule 335-6-6-.21 to inform the public regarding the Response To Comments and the Department's determination regarding the need, if any, to initiate rulemaking procedures to modify this Chapter as described in paragraph (1) of this rule. The Public Notice shall include information to inform the public how to obtain in writing the procedures for the public to petition the Department to initiate procedures in accordance with Chapter 335-2-2 to modify this Chapter if the Director determines, after consideration of comments or other information received during the public participation process, that modification of this Chapter by the Department is not necessary.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-12-.04

New Rule: Filed December 19, 2002; effective January 23, 2003.

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