Ala. Admin. Code r. 335-6-7-.09

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

Section 335-6-7-.09 - Notice Of Registration (NOR)

(1) Unless exempted by the Director or his designee in writing, the Notice of Registration (NOR) shall include the following information:

(a) Facility owner's name, address, and telephone number;

(b) Operator's name, address, and telephone number, if different from owner;

(c) Facility name, contact person, address, telephone number, directions to the facility, and Township, Range, and Section(s) of the facility and each land application site, Latitude and Longitude of the front access gate of the facility, and Latitude and Longitude of each lagoon or liquid waste storage/treatment structure;

(d) Methods proposed to be or currently being used for processing wastes/wastewater (for example, dry storage facility, flushing to holding ponds/sumps, followed by land application, etc.);

(e) Name of receiving water(s) according to USGS 7.5-minute topographic map to which wastewaters have discharged, are discharging, or could potentially be discharged;

(f) The type(s) and highest number of each animal type that have been in open confinement and/or housed under roof for the previous 12 months, and the anticipated type(s) and highest number of each animal type that are planned/expected to be in open confinement and/or housed under roof for the next 12 months;

(g) If different from the owner/operator, the name, address, telephone number, and contact person for the entity who owns or has an ownership interest in the animals present at the facility, and animal feed or chemicals stored at the facility;

(h) If flowing surface waters or waters of the State (e.g. streams, rivers, canals) have the potential to come into direct contact with animals confined or concentrated in the facility, describe measures to be utilized to avoid direct animal contact;

(i) If a corporation, or partnership, a statement that the entity is registered with or has notified the Office of the Secretary of State of Alabama in writing of the intent to conduct business in Alabama;

(j) Listing of any partners or other owners;

(k) Listing of any past or current permit violations, Registration violations, NPDES Rules violations, and violations of the AWPCA and CWA;

(l) Proposed schedule for preparation and implementation of approved WMSP and for submittal of appropriate certification/evaluation of implementation of the WMSP that is certified by a QCP;

(m) Other relevant information that may be requested by the Director or his designee;

(n) Date of last annual inspection and name of the QCP who performed the inspection, date of last five-year inspection and the name of the PE who performed the inspection or directed/supervised the QCP who performed the inspection, and the name of the QCP who performed the inspection under the direct supervision of the PE, and a summary of any deficiencies observed and corrective action taken as a result of the inspection(s);

(o) All NORs for coverage under this Chapter must be signed in accordance with the provisions of 40 CFR 122.22 and Rule 335-6-7-.09(9), (11), and (12).

(p) Any additional plans, applicable information, or certifications required by this Chapter or the Director or his designee.

(2) The NOR must be delivered or mailed by certified mail to the Department or other agency as may be designated by the Director.

(3) Coverage provided by registration under this Chapter will expire 365 days from issuance unless the owner/operator submits a complete and correct NOR requesting continued coverage and continued coverage is approved by the Director. However, all requirements of this Chapter continue in effect regardless of the owner/operator's registration status.

(4) In accordance with Chapter 335-1-6 (Fee System) and Rule 335-6-7-.12, a registration fee must accompany the NOR. An NOR shall not be considered complete and correct until submittal of the required fee is verified by the Department. Failure to remit the required fee is grounds for the Director or his designee to initiate enforcement action and to deny Registration under this Chapter and require the owner/operator to apply for an Individual NPDES permit pursuant to the provisions of Rule 335-6-7-.07(5). Subsequent annual registration fees are due with the submittal of any NOR requesting continued coverage or if billed by the Department in accordance with Chapter 335-1-6.

(5) An owner/operator who registers under this Chapter must provide a complete and correct NOR to the Department or other agency approved by the Department on such form or forms, to include complete and correct information, as the Department may require. An NOR shall be considered complete and correct as determined by the Director or his designee.

(6) Unless notified in writing by the Director or his designee within 45 days after written verification from the Department of receipt of a complete and correct NOR, including the appropriate registration fee, WMSP if required, and applicable QCP certifications, that the NOR is incomplete, that additional time is needed by the Department to properly process the NOR, or that the NOR has been denied, owners/operators are authorized to construct and operate the facility on an interim basis provided the facility remains in full compliance with all provisions of this Chapter. Subsequent to the filing of a complete Registration, the Department shall determine whether to formally approve or deny the request for Registration. In the event the Registration is formally approved, any interested party, as provided in Code of Ala. 1975, § 22-22A-7(c), as amended, may appeal the Registration approval to the Environmental Management Commission. In the event Registration is denied, the Department shall provide to the applicant a written statement setting out the basis for the denial. The applicant may appeal the denial in accordance with Code of Ala. 1975, § 22-22A-7(c), as amended.

(7) Registration Modification

(a) Registrants shall notify the Department in writing whenever there is a change in operational procedures of the registered facility. When the operational situation changes, an owner/operator covered under this Chapter shall submit a revised NOR, including any applicable fee for a Major modification, describing the operational changes at the facility, including any supporting documentation required by the Department.

(b) Major Modification. The registrant must request modification of the Registration from the Department in writing and submit the appropriate registration fee at least 15 days prior to any change in ownership or operational procedures of the registered facility, including, but not limited to, the following:

1. A change of ownership or name of registrant;

2. A change in operational control of the facility;

3. Increase in the number of confined or concentrated animals at any time which is sufficient to place the facility in a higher animal unit fee category as provided in Chapter 335-1-6 - Fee Schedule D, Water Permits/Registration, CAFO.

4. Significant change in waste treatment, handling or disposal as determined by the Director or his designee.

(c) Minor Modification. If required by the Director or his designee, the registrant shall notify the Department in writing of any minor modification of the Registration. The registrant shall document no later than 30 days after any minor change that the WMSP has been properly updated regarding any minor change in operational procedures of the registered facility, including, but not limited to, the following:

1. A change in approved land application sites.

2. Non-significant change in waste treatment, handling or disposal as determined by the Director or his designee.

3. Entering into or canceling a written contract with a CAWV.

(d) The Department may in its discretion require the owner/operator to provide construction plans and specifications, amended plans of operation or any other information required by this Chapter.

(8) In the event of any change in control or ownership of facilities covered by this Chapter, the registrant shall, by certified mail, signed receipt, or other method approved by the Department, notify at least 15 days prior to the change in ownership, with copy to the Department, the succeeding owner/operator or controller of the existence of this Chapter and the need to update the facility's Registration.

(9) All NORs shall be signed as follows:

(a) For a corporation: By a responsible corporate officer. For the purposes of this Chapter, a responsible corporate officer means a principal executive officer at the level of vice president or above of the corporation in charge of a principal business function or who performs similar policy or decision making functions for the corporation.

(b) For a partnership or sole proprietorship: By a general partner or the proprietor, respectively.

(c) For a Limited Liability Corporation (LLC): By any controlling member.

(d) For a municipality, State, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this paragraph, a principal executive officer of a federal agency includes the chief executive officer of the agency or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(10) All reports required by this Chapter and other information required by the Director or his designee shall be signed by a person described above or by a duly authorized representative of that person, and where required by this Chapter, a QCP. A person is a duly authorized representative only if:

(a) The authorization is made in writing and signed by a responsible corporate official; and

(b) The authorization specifies either an individual or a person having responsibility for the overall operation of the regulated facility or activity, such as the position of facility manager, superintendent, or position of equivalent responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(c) The written authorization is submitted to and approved by the Director or his designee.

(11) If a signatory authorization under this Chapter is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new signatory authorization satisfying the above requirements must be submitted to the Director, prior to or with any reports, information, or applications to be signed by an authorized individual.

(12) Any person signing a document required by this Chapter shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations".

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.09

Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.

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