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-.31 - Discharge Notification

Ala. Admin. Code r. 335-6-7-.31

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Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-6-7-.31 - Discharge Notification
(1) The discharge of waste/wastewater from facilities covered by this Chapter to a water of the State is not authorized and owners/operators of facilities with such discharges may be subject to enforcement action by the Department. If, for any reason, there is a discharge from an AFO, the owner/operator is required to visually monitor and notify the Director or his designee as soon as possible, but in no case later than 24 hours after becoming aware of any discharge to a water of the State caused by dike or structural failure, leakage, equipment breakdown, overflow caused by chronic or catastrophic rainfall events, human error, improper management, or any other reason. The owner/operator shall document the circumstances/reasons if elapsed time between becoming aware of the discharge and notification to the Department exceeds 4 hours.
(2) Additionally, the registrant shall document the following information and submit a report to the Department within five (5) days of becoming aware of such discharge:
(a) A description and cause of the discharge, including an estimate of the flow, discharge volume, and any analytical data;
(b) The period of discharge, including exact begin and end dates and times, and, if not corrected, the anticipated time the discharge is expected to continue, and steps taken (or to be taken) to reduce, eliminate, and prevent the recurrence of the discharge;
(c) If the discharge was caused by a precipitation event(s), information from the on-site rain gauge or weather station in close proximity to the facility concerning the size of the precipitation event(s);
(d) All AFO facilities shall sample and analyze all discharges to a water of the State from any treatment, storage, or other waste/wastewater retention facilities. Sample analyses shall be retained on site, and submitted to the Department within 5 days unless otherwise directed by the Director or his designee.
(3) Samples shall consist of grab samples taken from the overflow or discharges from the retention structures. A minimum of one sample should be obtained from the initial discharge immediately, but in no case later than 60 minutes after the registrant becoming aware of the discharge or the potential for discharge and sampling shall continue at least once every 6 hours if the discharge continues, unless an alternate schedule is required by the Director or his designee. The sample shall be obtained, stored, transported, and analyzed in accordance with EPA approved methods for water analysis listed in 40 CFR Part 136 . Measurements taken for the purpose of monitoring shall be representative of the discharge.
(4) Should discharge occur for any reason, the sample analysis, at a minimum, must include the following:
(a) Fecal Coliform Bacteria (col./100 ml).
(b) 5-Day Biochemical Oxygen Demand (mg/l).
(c) Total Suspended Solids (mg/l).
(d) Ammonia Nitrogen (mg/l).
(e) Total Phosphorus (mg/l).
(f) Any pesticide, hydrocarbon, or other pollutant which the owner/operator has reason to believe might be present in the discharge.
(g) Selected metals (e.g. zinc, copper, arsenic, etc.) which could become concentrated in animal wastes and in some cases are added to the animal feed producing the waste being tested.
(h) Any parameter(s) as may be required by the Director or his designee.
(5) The owner/operator must keep readily available onsite proper equipment and sample containers to obtain, store, handle, and transport any samples resulting from sampling conducted pursuant to the requirements of this Chapter or retain a QCP able to properly conduct sampling within timeframes as required by this Chapter.
(6) If required sampling is not conducted for any reason, the registrant must document the reasons why discharge samples could not be collected or why the discharger was unable to conduct sampling due to climatic conditions which prohibit the collection of samples, including weather conditions that create dangerous conditions for personnel (such as local flooding, high winds, hurricane, tornadoes, electrical storm, etc.). Once dangerous conditions have passed, the registrant shall collect a sample of the discharge, if ongoing, or from the retention structure, storage pond/sump, or lagoon if the discharge has ceased. The sample shall be analyzed in accordance with the above procedures.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.31

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.