Ala. Admin. Code r. 335-6-5-.13

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

Section 335-6-5-.13 - Application Format And Procedures For New Permits, For Permit Reissuance, And Permit Modification

(1) Applications for SID Permits shall be made in duplicate, shall be made using forms designated by the Director, shall be submitted to the Department and a copy of the application shall be submitted to the POTW, and shall consist of the following:

(a) type of business entity, whether corporation, general or limited partnership, sole proprietorship or other;

(b) if applicable, name of applicant's parent corporation or subsidiary corporations;

(c) if a corporation, location of incorporation;

(d) a listing of corporate officers and their names and addresses; and the name and address of the agent designated by the corporation for purposes of service. If a partnership, the names and addresses of the general partners and, if a proprietorship, the name and address of the proprietor;

(e) permit numbers and other identification of any other state environmental permits and if applicable air permits issued by approved local programs presently held by the applicant or its parent corporation or subsidiary corporations within the state;

(f) identification of administrative complaints, notices of violation, directives, or administrative orders, or litigation concerning environmental compliance, if any, against the applicant, its parent corporation or subsidiary corporations within the state;

(g) if the discharge is to be from a new or modified process, a new facility or new waste treatment facility, the Department may require the submittal of a preliminary engineering report and/or preliminary plans and specifications prior to permitting or the Department may elect to require one or more of these documents prior to discharge or the Department may waive the requirement for one or all of these documents;

(h) a Best Management Practices (BMP) plan if required by the Director prior to permitting. BMP plans shall be developed in accordance with good engineering practices and may be required to:

1. be documented in narrative form and shall include any necessary plot plans, drawings or maps;

2. examine each facility component or system with respect to its potential for causing a release of significant amounts of pollutants into a waters of the state or a publicly or privately owned treatment works due to equipment failure, improper operation, natural phenomena such as rain, freezing temperatures, etc.;

3. include a prediction of the direction, rate of flow and total quantity of pollutants which could be discharged from the facility as a result of equipment failure, natural phenomena or other circumstances;

4. establish best management practices addressing each system capable of causing a release of significant amounts of pollutants into waters of the state or into a publicly or privately owned treatment works;

5. reflect applicable requirements for Spill Prevention Control and Countermeasure (SPCC) plans under Section 311 of the FWPCA and 40 CFR Part 151 (1994), and may incorporate such plans into the BMP plan by reference;

6. assure the proper management of solid and hazardous waste; and

7. address materials storage areas, process and material handling areas, loading and unloading areas, plant site runoff, and sludge and waste disposal areas and include statements of policy, employee training, inspections, preventative maintenance; and housekeeping;

8. provide impervious liners, dikes, or other structures sufficient to prevent the discharge of a pollutant to groundwater.

(j) a description of the wastewater to be discharged including chemical analysis, flow rates, volumes, and any other characteristics required by the Director; and

(k) all information required by the Department's SID Permit application forms.

(2) The Department may require that an application for a SID Permit provide additional reports, specifications, plans, quantitative data, bioassays, specific or general influent and effluent studies at the publicly or privately owned treatment plant, or other information reasonably required to assess the discharges of the facility and the potential impact of the discharges on the publicly or privately owned treatment works and to determine whether to issue a SID Permit.

(3) Signatory requirements for permit applications shall comply with the requirements of Rule 335-6-5-.14.

(4) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this section for a period of at least 3 years from the date the application is signed or if the applicant is involved in litigation with the Department until such time that the litigation is resolved.

(5) Any application which is incomplete or otherwise deficient shall not be processed until such time as the applicant has supplied the missing information or otherwise corrected the deficiency and shall not constitute compliance with the requirements under Rule 335-6-5-.10 or paragraphs 335-6-5-.05(5) and 335-6-5-.13(6), except that a request for additional information not required to be submitted with the application shall not render initial application incomplete unless the information is not submitted in accordance with the submittal date required by the request for additional information.

(6) Applications for new sources, new dischargers, and for permit modifications shall be submitted at least 180 days prior to the applicant's desired date for commencement of the new discharge and for permit reissuance at least 180 days prior to expiration of the current permit.

(7) Applications shall include baseline reports when applicable to the proposed industrial discharge.

(8) Applications for permit reissuance may reference information already submitted to the Department and state that such information is unchanged. If the information is present in the Department file it will be made a part of the application. The Department will notify the applicant of any information that could not be located and the application shall not be complete until this information is submitted to the Department by the applicant.

(9) SID Permit applications submitted for industrial discharges to privately owned treatment works may be required to provide information not identified in this Rule. Submittal of information required by this Rule that is not required to determine permit limits for the SID Permit for an industrial discharge to a privately owned treatment works may be waived by the Director. The applicant should determine the application requirements by consultation with the Department prior to submittal of the application.

(10) Applications for modification of a SID Permit are required to contain only that information necessary to describe the changed conditions or planned changes that are the reason for the application, except the Director may request any other information required to make a decision concerning the application.

(11) The permit writer shall determine if a permit application is complete as defined by this rule and if all the information necessary for determining permit conditions has been submitted. If additional information is required, the permit writer shall request the information from the applicant in writing and failure to respond by the applicant shall be grounds for denial of the permit application.

Author: John Poole.

Ala. Admin. Code r. 335-6-5-.13

April 29, 1991.

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