Ala. Admin. Code r. 335-6-12-.10
Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-12-.10 - Notice Of Registration (NOR)(1) A complete and correct Notice of Registration (NOR) shall be submitted to the Department for all NPDES construction sites in a format acceptable to the Department. The NOR shall include the following information and/or attachments: (a) A copy of the CBMPP for the site, if required to be submitted by the requirements of this Chapter or the Department.(b) A copy of the CBMPP shall be submitted for NPDES construction sites discharging to a Tier 1 waterbody segment, as described in Rule 335-6-10-.12, due to a construction activity pollutant of concern, or a waterbody designated as ONRW, pursuant to the requirements of Chapter 335-6-10, and for the relocation, diversion, or realignment of any water of the State;(c) Portions or copies of 7.5' Series U.S. Geological Survey maps, or other maps acceptable to the Department, showing the site location;(d) Any other relevant information that may be required by this Chapter or the Department.(2) The NOR shall be delivered or mailed in such a manner that date of receipt by the Department is confirmed by the operator using means such as certified mail, overnight mail or otherwise submitted/transmitted via electronic means to the Department.(3) Registration Modification (a) Operators shall notify the Department in writing whenever there is a change in the information contained within the NOR, including a change in control/responsibility for the registered construction site.(b) If the operator becomes aware that it submitted incomplete information, failed to submit any relevant facts in the NOR, or submitted incorrect information in the NOR, it shall promptly submit such facts, corrections, or information with a written explanation for the mistake and/or omission.(c) Operators shall make such notifications by submitting a revised NOR.(4) Change in Discharge (a) The operator shall give advance notice to the Department of any proposed facility expansion, increase in disturbed acreage, new disturbance or the addition of a new receiving water not identified in the NOR requesting registration, construction change, or other activity or action, including but not limited to, the discharge of additional or different pollutants in stormwater discharges which could result in noncompliance with the requirements of this Chapter.(b) Major Modification. The operator shall request modification of the registration from the Department by submission of a revised NOR, including the correct registration fee prior to any proposed major modification including but not limited to, the following: 1. At any time that there is an increase in the size of the project or number of unreclaimed or disturbed acres that is sufficient to place the construction site in a higher fee category as provided in Chapter 335-1-6;2. Addition of a new receiving water or waterbody segment that was not identified in the NOR requesting registration;3. Significant change in the CBMPP or BMPs; or4. Any other significant change at the construction site that may have an impact on water quality.(c) Transfer of Registration. An operator shall request transfer of the registration from the Department in writing with a copy of a formal transfer agreement. Submittal of the correct registration transfer fee is required prior to any proposed change in responsible operators or change in responsibility/control for the registered site. Instances where transfer or registration is required include, without limitation, the following:1. A change of ownership or name of registrant; or2. A change in operational control of the construction site.(d) Minor Modification. The operator shall document in his file no later than fifteen (15) days after any minor change, that the CBMPP and BMPs have been properly updated to reflect any minor change in construction activity as it relates to this Chapter or operational procedures at the registered site or a change in the NOR submitted to the Department, including but not limited to, the following: 1. A minor change or update of information submitted in the NOR to provide more complete information including a change in contractors, submittal of a revised site map, etc;2. A minor change in the CBMPP or BMPs, or other pollution control activities;3. Any other minor change at the construction site that is needed to ensure compliance with the requirements of this Chapter or ensure the protection of water quality; or4. A change in responsible offices or other controlling entity(s).(5) After registration or re-registration, the Department may require the operator to provide additional or updated construction plans, data, designs, drawings, photographs, maps, or any other information to document compliance with the requirements of this Chapter.(6) All NORs requesting initial registration, registration modification [other than minor modifications described in 335-6-12-.10(4)(d)], and re-registration under this Chapter shall be signed by a QCP and, as required by Rule 335-6-6-.09, the operator.(7) All reports required by this Chapter and any other information required by the Department shall be signed by a qualified person described by this rule and, where required or allowed by this Chapter, a QCI or QCP. A person is an authorized representative only if: (a) The authorization is made in writing and signed by a responsible official;(b) The authorization specifies either an individual or a person having responsibility for the overall operation of the regulated construction site or activity, such as the position of site manager, superintendent, or position of equivalent responsibility for environmental matters for the operator. An authorized representative may be either an operator named individual or any individual occupying a named position; and(c) The written authorization is submitted to the Department. This written authorization remains valid for signatures on all subsequent submittals unless revoked by the authorizing responsible official.(8) If a signatory authorization under this Chapter is no longer accurate because a different individual or position has responsibility for the overall operation of the construction site, a new signatory authorization satisfying the above requirements shall be submitted to the Department prior to, or submitted with, any reports, information, or NORs signed by the authorized individual.(9) Any person signing an NOR, document, report, or other information required by this Chapter shall certify the document pursuant to Rule 335-6-6-.09(4). Author: Richard Hulcher
Ala. Admin. Code r. 335-6-12-.10
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.