Ala. Admin. Code r. 420-3-1-.15

Current through Register Vol. 42, No. 8, May 31, 2024

Section 420-3-1-.15 - Requirements For Performance Permits

(1) Performance Permits are required for a Large-Flow OSS, Cluster Wastewater Systems, and for other systems where ADPH, in consultation with the LHD, concludes that additional action is needed to protect the public's health or the environment.

(2) The Performance Permit may be issued on a temporary basis when there are unresolved issues regarding design parameters for a system, such as strength of sewage, so that actual parameters can be measured after the system is installed and adjustments to the system can be made if necessary.

(3) With review and approval, ADPH may recognize standards that can be used to establish and ensure that an OSS provides a measurable level of sewage treatment in certain situations that do not lend themselves to a prescriptive method of permitting. In these situations, ADPH may select an appropriate standard to define acceptable OSS goals for specific environmentally sensitive sites. The standards that will primarily be used in review of Performance Perm.its are primary effluent standards and secondary effluent standards as defined by these rules.

(4) A Performance Permit is an authorization to operate and may contain construction and maintenance requirements, monitoring requirements, reporting requirements, and other requirements as necessary.

(5) When a performance permit is no longer required as per these rules, ADPH may terminate the permit. At this point, the Approval for Use issued by the LHD becomes the authorization to continue to operate the OSS.

Ala. Admin. Code r. 420-3-1-.15

Filed July 20, 1988. Amended: Filed June 19, 1992. Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006. Amended: Filed October 19, 2006; effective November 23, 2006.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 04, January 31, 2017, eff. 3/5/2017.

Adopted by Alabama Administrative Monthly Volume XLI, Issue No. 03, December 30, 2022, eff. 2/13/2023.

Previous Rule .22 was renumbered .15 per certification published December 30, 2022; effective February 13, 2023.

Author: Thad Pittman, Matthew Conner, Ken Stephens, Bob Bright

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(4); 22-2-2(6); 22-10-1, et seq.; 22-26-1et seq; 22-25B-1, et seq.