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-.13 - Schedule Of Registration And Certification/Evaluation Of Approved Waste Management System Plan (WMSP)

Ala. Admin. Code r. 335-6-7-.13

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Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-7-.13 - Schedule Of Registration And Certification/Evaluation Of Approved Waste Management System Plan (WMSP)
(1) Owners/operators of CAFOs who intend to or are required to obtain coverage under this Chapter shall submit a Notice of Registration (NOR) to the Director or his designee in accordance with the following:
(a) Facilities existing after April 1, 1999 shall submit the complete and correct NOR no later than September 30, 1999, or as otherwise authorized by the Director or his designee in writing on a case-by-case basis.
(b) New or proposed facilities shall submit the NOR at least 30 days prior to the proposed beginning of construction of the facility and at least 45 days prior to the proposed commencement of feeding operations at the facility and shall comply with the provisions of Rule 335-6-7-.09.
(c) AFOs not previously subject to registration requirements of this Chapter, but which intend to expand operations to more than the number and type of animals to be considered a CAFO, must submit a new NOR or, if currently registered a modified NOR, to the Director or his designee at least 30 days prior to the proposed beginning of construction of the expanded facilities and at least 45 days prior to the proposed commencement of feeding operations at the expanded facilities and shall comply with the provisions of Rule 335-6-7-.09.
(d) CAFOs subject to this Chapter may submit a NOR at any time after the dates specified above. However, the Director or his designee may take appropriate enforcement action for failure to submit a NOR as required by the Department in accordance with this Chapter.
(2) Owners/operators of AFOs defined or designated as CAFOs by the requirements of this Chapter who intend to, are required to, or have obtained NPDES permit coverage under this Chapter shall submit to the Department certification/evaluation by a QCP that the facility has been designed, constructed, or has been updated, and can reasonably be operated in accordance with an approved WMSP that meets or exceeds NRCS technical standards and guidelines and as required by this Chapter and the Director or his designee. The type, format, and content of the certification/evaluation required shall be determined by the Director or his designee considering facility construction, site conditions, operational history and any potential impacts to groundwater and surface waters of the state. Unless required otherwise in writing by the Director or his designee, the certification/evaluation shall be submitted by the earliest date specified according to the following schedule:
(a) After April 1, 1999, new or proposed CAFO facilities shall submit the required certification at least 15 days prior to the commencement of feeding operations at the new CAFO facility.
(b) Facilities existing after April 1, 1999 with a WMSP previously prepared by a QCP or an NRCS representative that met or exceeded NRCS technical standards and guidelines at the time it was implemented shall submit the required certification/evaluation no later than November 1, 1999.
(c) AFOs not previously subject to registration under this Chapter, but which intend to expand or modify operations to more than the number and type of animals to be considered a CAFO after April 1, 1999, must submit the required certification/evaluation at least 15 days prior to commencement of feeding operations at the expanded facilities.
(d) Existing facilities identified as a priority facility by the Director due to size, location, potential impacts to water quality, or other factors shall submit the required certification/evaluation no later than 30 days after receiving written notification from the Director or his designee, unless an extension is granted in writing by the Director or his designee.
(e) Facilities existing after April 1, 1999 with point or nonpoint source discharges which may have caused since April 1, 1999, are causing, or have the potential to cause, as determined by the Director or his designee, a violation of a State Water Quality Standard pursuant to Chapter 335-6-10, shall submit the required certification/evaluation no later than November 1, 1999.
(f) Facilities existing as of April 1, 1999 where any point source discharge(s) have occurred after April 1, 1999 shall submit the required certification/evaluation no later than November 1, 1999.
(g) Facilities existing as of April 1, 1999 where any nonpoint source discharge(s) have occurred after April 1, 1999 shall submit the required certification/evaluation no later than November 1, 2000.
(h) Facilities existing after April 1, 1999 located in watersheds of water bodies listed on the Department's CWA Section 303(d) list of priority water quality limited streams as a result of agricultural impacts or pollutants directly related to animal agriculture shall submit the required certification/evaluation no later than November 1, 2001.
(i) Facilities existing after April 1, 1999 located in the watersheds of water bodies listed on the Department's CWA Section 305(b) list as being water quality impacted as a result of agricultural impacts or pollutants directly related to animal agriculture shall submit the required certification/evaluation no later than November 1, 2002.
(j) All remaining facilities existing after April 1, 1999 that are not required to submit certification/evaluation pursuant to (a) through (i) of this Rule and that have not previously submitted the required certification/evaluation shall submit the required certification/evaluation no later than November 1, 2003.
(k) Existing facilities located in a watershed designated by the Director pursuant to Rule 335-6-7-.10(4)(c) as a priority watershed shall submit the required certification/evaluation within ninety (90) days after public notice by the Department, unless an alternate schedule is approved in writing by the Director or his designee.
(l) Facilities existing after April 1, 1999, with an earthen storage or treatment facility for liquid waste which was constructed without documented technical assistance from a QCP according to NRCS technical standards and guidelines shall submit the required certification/evaluation to continue operation or implement an approved closure plan no later than November 1, 2000.
(3) The Director may modify (shorten or extend) any deadline required in this Rule in accordance with the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto, for cause, to include but not be limited to, availability of adequate technical resources and funding. Failure to seek or obtain, or delay in seeking or obtaining, technical assistance or the services of a QCP in a timely manner for preparation, implementation, and certification/evaluation of a WMSP, may be considered by the Director or his designee when determining if deadline modification is warranted.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.13

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.