Ala. Admin. Code r. 335-6-7-.32

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

Section 335-6-7-.32 - Other Requirements

(1) AFO owners/operators shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the owner/operator to achieve compliance with the conditions of this Chapter. Proper operation and maintenance includes the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of this Chapter. Proper operation and maintenance also includes the requirements for maintaining adequate staff to properly operate the facility and for registrants to conduct prerequisite and annual training as described in Rule 335-6-7-.18.

(2) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, record, or method required to be maintained under this Chapter shall, upon conviction, be punished by fines and/or imprisonment as provided by State and federal law.

(3) Bypass

(a) Any bypass is prohibited except as provided in (b) and (c) below:

(b) A bypass is not prohibited if:

1. It does not cause any applicable discharge limitation specified in this Chapter to be exceeded or cause or contribute to a violation of an applicable Water Quality Standard; and

2. It is necessary for essential maintenance of a treatment or control facility or system to assure efficient operation of such facility or system; and

3. The AFO owner/operator submits a written request for authorization to bypass to the Direct or his designee or at least 5 days prior to the proposed bypass, the owner/operator is granted such authorization by the Director or his designee, and the owner/operator complies with any conditions imposed by the Director or his designee; and

4. Approval of the request is consistent with the requirements of this Chapter; and

5. The AFO owner/operator monitors the discharge resulting from such bypass at a frequency, at least daily, or according to an alternate schedule as required by the Director or his designee, sufficient to prove compliance with applicable discharge limitations and requirements of this Chapter; and

6. The facility has been designed, constructed, operated, and regularly maintained in a manner that meets or exceeds NRCS technical standards and guidelines.

(c) A bypass is not prohibited and need not meet the requirements and limitations of this Chapter if:

1. It is unavoidable to prevent loss of life, personal injury, or severe property damage; and

2. There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime (this condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance); and

3. The AFO owner/operator submits a written request for authorization to bypass to the Direct or his designee or at least ten (10) days prior to the anticipated bypass (if possible) or if not possible, immediately notifies the Department telephonically or by facsimile and notifies the Department in writing, but in no case later than 48 hours after the bypass stating the valid reasons why prior notification could not be submitted, the owner/operator is granted such authorization, and the owner/operator complies with any conditions imposed by the Director to minimize any adverse impact on human health or the environment resulting from the bypass; and

4. The AFO owner/operator monitors the discharge resulting from such bypass as required by this Chapter at least daily or according to an alternate schedule as required by the Director or his designee; and

5. The facility has been designed, constructed, operated, and regularly maintained in a manner that meets or exceeds NRCS technical standards and guidelines.

(d) The owner/operator has the burden of establishing that each of the conditions of b. or c. above have been met to qualify for an exception to the general prohibition against bypassing contained in a. above and an exemption, where applicable, from any discharge limitation or requirements specified in this Chapter.

(4) Upset

(a) A discharge which results from an upset need not meet the requirements and limitations of this Chapter if:

1. As soon as possible, but in no case later than 24 hours after becoming aware of the occurrence of the upset, the owner/operator orally reports the occurrence and circumstances of the upset to the Director or his designee; and

2. No later than five (5) days after becoming aware of the occurrence of the upset, the owner/operator furnishes the Director or his designee with evidence, including properly signed, contemporaneous operating/inspection logs, or other relevant evidence, demonstrating that (i) an upset occurred; (ii) the owner/operator can identify the specific cause(s) of the upset; (iii) the owner/operator's facility was being properly operated at the time of the upset; and (iv) the owner/operator promptly took all reasonable steps to minimize any adverse impact on human health or the environment resulting from the upset; and

3. The AFO owner/operator monitors the discharge resulting from such upset as required by this Chapter at least daily or according to an alternate schedule as required by the Director or his designee; and

4. The facility has been designed, constructed, operated, and regularly maintained in a manner that meets or exceeds NRCS technical standards and guidelines.

(b) The owner/operator has the burden of establishing that each of the conditions of a. above have been met to qualify for an exemption from any discharge limitation/requirement or operating standard specified in this Chapter.

(5) Property and Other Rights. Registration under this Chapter does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to persons or property or invasion of other private rights, or any infringement of federal, State, or local laws or regulations, nor does it authorize or approve the construction of any physical structures or facilities or the undertaking of any work in any waters of the State or of the United States.

(6) Groundwater. Unless specifically authorized by this Chapter or the Department, the discharge of pollutants to groundwater is not authorized. Should a threat of groundwater contamination occur, the Director may require groundwater evaluation and/or monitoring to properly assess the degree of the problem and the Director may require that any AFO/CAFO operator/owner undertake measures to mitigate, remediate, and/or abate any such discharge and/or contamination. Groundwater investigation/evaluation, monitoring, mitigation, remediation, and other activities performed voluntarily by the operator/owner or required by the Department, shall be conducted in accordance with a plan prepared and certified by a Professional Engineer (PE) or Professional Geologist (PG) and accepted by the Department.

(7) Coastal Zone Management

(a) Excepting those activities described in Rule 335-6-7-.32(7)(b) below, registration under this Chapter is conditionally certified consistent with the Alabama Coastal Area Management Plan (ACAMP) contingent upon continued compliance with the ACAMP.

(b) The conditional certification in Rule 335-6-7-.32(7)(a) above does not obviate the need for an AFO/CAFO owner/operator to apply for and/or otherwise obtain, if applicable, Coastal Use Permits and certifications required by Chapter 335-8. Of particular note is the need to obtain a Coastal Use Permit for Commercial and Residential Developments in the Coastal Zone that are or will be greater than 5 acres in size.

(8) Activities Not Authorized By This Chapter

(a) Discharges from surface mining, mineral and ore raw material or product recovery and processing as described in Chapter 335-6-9 are not authorized by this Chapter unless specifically authorized by the Department on an individual basis.

(b) Discharge(s) from landfill activities as described in Chapter 335-13 are not authorized by this Chapter.

(c) Relocation, diversion, or other alteration of a water of the State is not authorized by this Chapter unless specifically approved in writing by the Director or his designee.

(9) Compliance With Water Quality Standards

(a) An AFO owner/operator or registrant may be required by the Director to apply for an Individual permit, if the Director determines that discharge under a registration approved pursuant to this Chapter causes or contributes to a violation of State Water Quality Standard(s) or stream use classification.

(b) Compliance with requirements of this Chapter or valid Registration terms and conditions notwithstanding, if any discharge(s) from the facility or regulated activity cause or contribute to a condition in contravention of State Water Quality Standards, the Department may require that the AFO owner/operator to take abatement action in an emergency situation, may modify any registration pursuant to the Department's Rules, may require the AFO owner/operator to take timely non-emergency abatement action, may require the owner/operator to apply for an Individual permit pursuant to the Department's Rules, or may require any combination of the actions specified above.

(c) If the Department determines, on the basis of a notice provided pursuant to this Chapter or any investigation, inspection or sampling, that a modification of registration is necessary to assure maintenance of State Water Quality Standards or compliance with other provisions of the AAPCA, AWPCA or CWA, the Department may require such modification.

(10) Animal Mortality Emergency Response. In addition to proper planning and proper management of normal operating animal mortality as required by 335-6-7-.26(2)(i), AFO owners/operators shall notify the State Veterinarian, ADAI immediately and shall comply with ADAI requirements regarding emergency response for dead and diseased animal handling, transport, and disposal during occurrences of significant animal mortality due to disease, natural disaster, extreme climatological conditions, etc. to ensure the protection of groundwater and surface water quality.

Author: Richard Hulcher

Ala. Admin. Code r. 335-6-7-.32

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; 22-28-1 to 22-28-23; 22-22A-1 to 22-22A-16etseq., as amended.