Ala. Admin. Code r. 335-6-6-.03

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

Section 335-6-6-.03 - Requirement For NPDES Permit

(1) No person shall discharge pollutants into waters of the state without first having obtained a valid NPDES permit or coverage under a valid General NPDES Permit unless such discharge is:

(a) Of sewage from vessels, effluent from properly functioning marine engines, laundry, shower, and galley sink wastes, or any other discharge incidental to the normal operation of a vessel. This exclusion does not apply to:

1. The discharge of any solid wastes, garbage, ashes, rubbish, or hazardous waste within the meaning of Code of Alabama (1975), 22-27-2 (1984 Rplc. Vol.), any other pollutant, industrial waste or other waste within the meaning of Code of Alabama (1975), 22-22-1(b) (1984 Rplc. Vol.), or any discharge in violation of rule 335-6-6-.02

2. Waste resulting from the improper operation of a vessel, or from the improper storage or handling of a solid or liquid product on board a vessel; or

3. Any waste resulting from any operations of a vessel in use for a purpose other than a means of transportation.

(b) Of dredged or fill material which is regulated under Section 404 of the FWPCA;

(c) In compliance with the instructions of an On-Scene Coordinator pursuant to 33 CFR 153.10(e) (1994) or 40 CFR Part 300 (1994) and 40 CFR Part 122.3(d) (1994);

(d) From non-point source agricultural and silvicultural activities, including runoff from orchards, cultivated crops, pastures, range lands and forest lands, but not including discharges from animal feeding operations (AFO) and concentrated animal feeding operations (CAFO), discharges from concentrated aquatic animal production facilities, aquaculture projects and discharges from silvicultural sources as defined in regulations referenced in Rule 335-6-6-.10;

(e) A return flow from irrigated agriculture.

(f) A discharge to a publicly owned treatment works or a privately owned treatment works that has been approved and granted a State Indirect Discharge Permit by the Department.

(g) A discharge to an injection well that has been permitted by the Department or the State Oil and Gas Board.

(2) No person, required to apply for a storm water discharge permit by 40 CFR 122.26 (2016), shall discharge pollutants into waters of the state without first having applied for a valid NPDES permit, coverage under a valid General NPDES Permit, or coverage under a valid NPDES Registration. New dischargers shall obtain a valid NPDES permit, coverage under a valid General Permit, or coverage under a valid NPDES Registration prior to conducting any activity for which application for a storm water discharge permit is required by 40 CFR 122.26 (2016).

Ala. Admin. Code r. 335-6-6-.03

October 19, 1979. Amended: January 24, 1989; April 29, 1991. Amended: Filed August 8, 1995; effective September 12, 1995. Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed June 26, 2002; effective July 31, 2002. Amended: Filed December 19, 2002; effective January 23, 2003.

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

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 03, December 30, 2016, eff. 2/3/2017.

Authors: John Poole, Richard Hulcher, Truman Green

Statutory Authority:Code of Ala. 1975, §§ 22-22-1, 22-22-9, 22-22A-5.