Ala. Admin. Code r. 335-6-6-.18

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

Section 335-6-6-.18 - Enforcement Under NPDES

(1) Any NPDES permit issued or reissued by the Department is a permit for the purpose of the AWPCA and the FWPCA as such any terms, conditions, or limitations of the permit are enforceable under state and federal law.

(2) Any person required to have a NPDES 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 the permit, or who violates this chapter or applicable orders of the Department or any applicable rule or standard under this Division, is subject to any one or combination of the following enforcement actions under the AWPCA.

(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.

(3) Any order issued by the Department pursuant to the AWPCA requiring compliance with the AWPCA, its implementing rules, or an NPDES 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.

(4) If the permittee is not in compliance with the conditions of an expiring or expired permit the Director may choose to 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 which has been continued;

(b) Issue a notice of intent to deny the permit reissuance. If the permit is denied, the owner or operator would then be required to 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 these rules and the AWPCA.

Ala. Admin. Code r. 335-6-6-.18

October 19, 1979. Amended: January 24, 1989.

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

Author: John Poole

Statutory Authority:Code of Ala. 1975, §§ 22-22-9, 22-22-14, 22-22A-5.