Ala. Admin. Code r. 420-3-1-.16

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

Section 420-3-1-.16 - Wastewater Management Entities

(1) Any person operating a Cluster Wastewater System as defined by these rules and § 22-25B-l, et seq., Code of Ala. 1975, is a wastewater management entity and, as such, shall meet the requirements of this rule.

(2) Small-Flow Cluster Systems that are operated by wastewater management entities that choose to receive a Certificate of Economic Viability shall be issued a performance permit.

(3) Wastewater management entities are responsible for:

(a) Establishing procedures and guidelines for operation and management of their Cluster Systems. Such procedures and guidelines shall not conflict with Rules of the Board or § 22-25B-1 et seq., Code of Ala. 1975.

(b) Performing routine system inspection, operation, and maintenance using appropriately trained or licensed personnel as required by all established and applicable statutes and rules for the type of cluster system used, or to contract for performance of these services.

(c) Managing septage handling and disposal to comply with all established and applicable statutes and rules.

(d) Obtaining easements for access to the property for maintenance or repair, when needed, or to acquire land when necessary.

(e) Complying with the conditions of certifications or conditions of operational permits as well as the applicable Rules of the Board; administrative orders; and state, federal, and local laws and regulations.

(4) ADPH is authorized to collect from the wastewater management entity a fee for review of an application for an operational permit, a fee for modification of an existing operational permit, and a fee for the renewal of an operational permit as provided in Rule 420-1-5-.08, Ala. Admin. Code, State Level Fees.

(5) Submit to ADPH a quarterly fee equal to 4 percent of its gross income.

(6) Each wastewater management entity, unless exempted pursuant to § 22-258-3, Code of Ala. 1975, shall apply for and obtain a Certificate of Economic Viability from the Alabama Public Service Commission.

Ala. Admin. Code r. 420-3-1-.16

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 Repealed and New Rule: Filed December 16, 1999; effective January 20, 2000. Repealed and New Rule: October 20, 2005; effective November 24, 2005; operative March 19, 2006.

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.

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.; 22-26-1, et seq.; 22-25B-1, et seq.