Ala. Admin. Code r. 335-6-20-.25

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

Section 335-6-20-.25 - Enforcement

(1) Any person required to have a permit pursuant to this chapter and who discharges pollutants without said permit, who violates the conditions of said permit, who discharges pollutants in a manner not authorized by said permit, or who violates an applicable order of the Department or any applicable rule or standard under this division, is subject to any one or combination of the following enforcement actions:

(a) An administrative order requiring abatement compliance, mitigation, cessation of discharge, clean up, and/or penalties;

(b) An action for damages;

(c) An action for injunctive relief; or

(d) An action for penalties.

(2) Any order issued by the Department pursuant to the AWPCA requiring compliance with the AWPCA, its implementing rules, or a permit shall specify a reasonable time within which noncompliance must cease. In appropriate cases a reasonable time may be immediately. Reasonableness shall be determined based upon the severity of the violation and the complexity and availability of the measures necessary to correct the violation.

(3) If the permittee is not in compliance with the conditions of an expiring or expired permit the Director may do any or all of the following provided the permittee has made a timely application for reissuance of the permit:

(a) Initiate enforcement action based upon the permit that has been continued;

(b) Deny the permit reissuance. If the permit is denied, the owner or operator must cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

(c) Reissue the new permit with appropriate conditions; or

(d) Take other actions authorized by this chapter and the AWPCA.

Ala. Admin. Code r. 335-6-20-.25

Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Author: Nicholas Caraway

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