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-.24 - Facility Closure

Ala. Admin. Code r. 335-6-7-.24

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Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-7-.24 - Facility Closure
(1) Should a CAFO or registrant cease operation, the owner/operator shall submit to the Department a closure/rehabilitation plan for the waste system storage/treatment structure(s) at least thirty (30) days prior to the final day of operation. This plan shall be prepared by a QCP to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto, and additional conditions required by the Director or his designee to ensure the protection of water quality, and shall be submitted to the Department in a format acceptable to Director or his designee. The closure plan, at a minimum, shall address maintenance of the facility until proper closure is completed and certified by a QCP and shall include a proposed schedule for closure not to exceed 180 days unless an extension is granted in writing by the Director or his designee.
(2) The owner/operator shall comply with all applicable requirements of this Chapter until such time as the facility closure plan is approved by the Department.
(3) The approved closure plan shall be completed according to the approved schedule, unless an alternate date is approved in writing by the Director or his designee.
(4) Once closure is completed, the owner/operator shall submit to the Department certification from a QCP that the facility has in fact been properly closed in accordance with the closure plan and the requirements of this Chapter.
(5) Failure to fully implement the closure plan as required by this Chapter may subject the owner/operator to enforcement action to include, but not be limited to, termination of existing registrations and denial of future requests for registration.
(6) Where the owner/operator or registrant of the facility is unable to ensure proper closure or environmental remediation of the facility as required by this Rule due to owner/operator death, liquidation bankruptcy, natural disaster, animal disease outbreak, etc., each landowner of the property where the facility is located and each person or entity (if different from the owner/operator) who owns or has an ownership interest in the facility, shall submit and implement the Closure Plan required by this Rule or shall submit and implement an effective environmental remediation plan prepared by a QCP to meet or exceed NRCS technical standards and guidelines, the requirements of this Chapter, and the requirements of the AWPCA, CWA, and regulations promulgated pursuant thereto, and additional conditions required by the Director or his designee to ensure the protection of water quality, and shall be submitted to the Department in a format acceptable to Director or his designee.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.24

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.