Ala. Admin. Code r. 335-6-12-.26 - Discharge And Receiving Water Evaluation Requirements
(1) It is possible and allowable to achieve
and maintain compliance with the requirements of this Chapter without
conducting any discharge sampling provided a QCI, QCP or a qualified person
under the direct supervision of a QCP documents and certifies on each
inspection report or other report/log that sampling is not necessary to
properly evaluate and document the effectiveness or deficiencies of BMP
implementation to ensure compliance with this Chapter. It remains the
responsibility of the operator to be continually aware of and to effectively
evaluate the quality of the stormwater being discharged. Lack of knowledge
regarding stormwater discharge quality or receiving water quality shall not
constitute a valid defense with regard to deficiencies in BMP implementation
and maintenance, negative impacts to water quality, or other noncompliance with
the requirements of this Chapter.
(2) It remains the responsibility of the
operator to document and ensure that effective BMPs are properly designed,
implemented, and consistently maintained utilizing recognized effective
industry standard practices to prevent/minimize to the maximum extent
practicable discharges of pollutants in stormwater runoff.
(3) Stormwater discharge flow can be
determined by direct measurement, calculation, or other generally accepted
scientific method by a QCI, QCP or a qualified person under the direct
supervision of a QCP.
(4)
Precipitation shall be measured and recorded in tenths of an inch by the
operator or an individual under the direction of the operator , using continuous
recorders, daily readings of an onsite precipitation gauge, or daily readings
of an offsite precipitation gauge located adjacent to or in close proximity to
the facility.
(5) Receiving Water
Turbidity Monitoring And Limitations
(a) A
QCI, QCP, or a qualified person under the direct supervision of a QCP shall
inspect as necessary, and if needed, conduct sampling, during NPDES
construction activity, monitoring upstream and downstream turbidity after
reasonable opportunity for mixing has been afforded of all affected
watercourse(s) to ensure protection of water quality.
(b) It is possible and allowable to achieve
and maintain compliance with the requirements of this Chapter without
conducting any instream turbidity or other instream sampling provided a QCI,
QCP, or a qualified person under the direct supervision of a QCP documents and
certifies on any inspection report or other report/log that instream sampling
is not necessary to properly evaluate and document the effectiveness or
deficiencies of BMP implementation and that discharges are not causing or
contributing to a contravention of Alabama water quality standards. It remains
the responsibility of the operator to be continually aware of and to
effectively evaluate instream water quality.
(c) Background or upstream turbidity for
discharges to a municipal separate storm sewer system (MS4) or where the NPDES
construction site is the headwater of the receiving water shall be determined
from offsite drainage entering the site and/or from drainage areas or waters
near the site which do not receive discharges from the facility, or are not
impacted by the facility or a similarly situated or type facility, acceptable
to the Department .
(6)
Samples, if collected, and measurements taken for purposes of determining
compliance with this Chapter shall be representative of the volume and nature
of the monitored discharge and shall be in accordance with the provisions of
this Chapter.
(7) Test procedures
for the preservation and analysis of samples shall conform to Rule
335-6-6-.14
and guidelines published pursuant to §304(h) of the FWPCA, 33 U.S.C. §1314(h).
If more than one method for analysis of a substance is approved for use, the
method having a lower detection limit shall be used.
(8) All equipment and instrumentation used to
determine compliance with the requirements of this Chapter must be installed,
used, maintained, and calibrated in accordance with the manufacturer's
instructions. If used, flow measurement devices shall be calibrated in
accordance with the manufacturer's instructions if available, or at least once
every six (6) months.
Author: Richard Hulcher
Notes
Statutory Authority: Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-22A-1 to 22-22A-16 et seq., as amended.
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