Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTWATER DIVISION - WATER QUALITY PROGRAM
Chapter 335-6-7 - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) BEST MANAGEMENT PRACTICES, REGISTRATION REQUIREMENTS, TECHNICAL STANDARDS AND GUIDELINES, CONSTRUCTION AND OPERATION REQUIREMENTS, WASTE/WASTEWATER AND WASTE PRODUCT TREATMENT, STORAGE, HANDLING, TRANSPORT, AND DISPOSAL/LAND APPLICATION, NUTRIENT MANAGEMENT, AND ANIMAL MORTALITY MANAGEMENT REQUIREMENTS FOR OWNERS AND OPERATORS OF ANIMAL FEEDING OPERATIONS (AFOS) AND CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFOS)
Section 335-6-7-.03 - Applicability

Ala. Admin. Code r. 335-6-7-.03

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Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-7-.03 - Applicability
(1) The provisions of this Chapter are applicable to the construction, operation, maintenance, repair, and closure of cattle, swine, poultry, fowl, dairy, stockyard, auction or buyer yards, farms, facilities, or operations, and any other AFOs or facilities with wild or domesticated animals designated by the Director or his designee, and their associated waste management and land application systems located wholly or partially within the State of Alabama.
(2) Unless specifically excluded in writing by the Director from the administrative requirements of this Chapter pursuant to Rule 335-6-7-.07(5), and in accordance with applicable requirements of the CWA and NPDES program, the requirements of this Chapter are applicable to all new and existing AFOs in the State.
(3) Any AFO may be required to register under this Chapter or be required to obtain an NPDES Individual permit or appropriate General permit authorization in writing by the Director or his designee for reasons that include but are not limited to the location of the facility, size of the facility, discharge status of the facility, and compliance history of the owner/operator.
(4) Unless required in writing by the Director, AFOs that are not considered CAFOs pursuant to Rule 335-6-7-.10 are not required to apply for and obtain Registration from the Department as required by this Chapter.
(5) Chapter Modification And Public Participation
(a) The Director or his designee shall cause to be published a Public Notice with a comment period of not less than 30 days to solicit public participation and comment and to schedule a Public Hearing according to procedures described in Rule 335-6-6-.21 regarding the content of, implementation of, and compliance with provisions herein, prior to the completion of the first five year term beginning with the effective date of this Chapter, and at least once every five years after the Public Notice referenced above and each subsequent Public Notice is held. After review of comments received during the public participation process, and no later than 120 days after the close of the public comment period, the Director or his designee shall prepare a written Response To Comments addressing comments received during the public participation process and shall make a determination in writing regarding the status of this Chapter and of the need, if any, to initiate procedures pursuant to Code of Ala. 1975, §§ 41-22-1 through 41-22-27, as amended, to modify this Chapter to ensure that the requirements of this Chapter are in accordance with the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto. Where the Director or his designee has initiated procedures to modify this Chapter as set forth in this Rule, the Director or his designee shall provide the proposed modifications to the Regional Administrator, United States Environmental Protection Agency, for comment, objection, or recommendation, for a period of time not less than 90 days.
(b) The Director or his designee shall cause to be published a Public Notice with a comment period of not less than 30 days according to procedures described in Rule 335-6-6-.21 to inform the public regarding the Response To Comments and the Director's or his designee's determination regarding the need, if any, to initiate rulemaking procedures to modify this Chapter as described in (a) above. The Public Notice shall include information to inform the public how to obtain in writing the procedures for the public to petition the Department to initiate procedures in accordance with Chapter 335-2-2 to modify this Chapter if the Director or his designee determines, after consideration of comments or other information received during the public participation process, that modification of this Chapter by the Department is not necessary.
(c) Where the Director or his designee has initiated the procedures within the prescribed periods set forth in paragraph (a), the provisions of this Chapter continue in force until modified or repealed pursuant to applicable provisions of Code of Ala. 1975, §§ 41-22-1 through 41-22-27, as amended. Pursuant to paragraph (b), provisions proposed to be modified or repealed shall continue in force until the effective date of any modification or repeal and any proposed new provision shall apply commencing with the effective date of the new provision.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.03

Amended: Filed February 24, 1999; effective March 31, 1999.

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