Sec. 335-6-12-.26 - Discharge And Receiving Water Evaluation Requirements

§ 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

(New Rule: Filed December 19, 2002; effective January 23, 2003.)

Statutory Authority: Code of Ala. 1975, §§ 22-22-1 to 22-22-14; 22-22A-1 to 22-22A-16et seq., as amended.

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