Ala. Admin. Code r. 335-6-20-.08 - Standard Permit Conditions

The following conditions shall apply to and be included in all permits:

(1) Compliance Required. The permittee shall comply with all conditions of the permit. Any permit noncompliance constitutes a violation of this chapter and is grounds for enforcement action; for permit termination, revocation and re-issuance, suspension, modification; or denial of a permit renewal application.

(2) Renewal Responsibilities. If the permittee intends to continue operation of the permitted facility after the expiration of an existing permit, the permittee shall apply for a new permit in accordance with this chapter.

(3) Operation and Maintenance of Facilities. The permittee 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 permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit.

(4) Provide Information. The permittee shall furnish to the Director within a reasonable time, any information, including copies of records, which may be requested by the Director to determine whether cause exists for modifying, revoking, re-issuing, or terminating the permit, or to determine compliance with the permit or this chapter.

(5) Groundwater Monitoring. Should a threat of groundwater contamination exist, the Director may require groundwater monitoring to properly assess the degree of impact, and the Director may require that the permittee undertake measures to abate any such discharge and/or contamination.

(6) Nutrient Management Plan. For each agricultural/silviculture reclaimed water reuse, a Nutrient Management Plan completed by a Certified Crop Advisor and certified through the American Society of Agronomy, must be submitted to the Department with the application, and annually no later than May 28^th, detailing: the application rate and uptake of nitrogen and phosphorus from each land application site; crop management and harvesting rates and practices; and a mass balance of nutrients, minerals, and other pollutant constituents as appropriate, applied to each land application site. The Nutrient Management Plan shall be retained onsite and available for review by the Department. An alternate site may be approved by the Department if requested.

(7) Property Rights. The permit does not convey any property rights of any sort or any exclusive privilege.

(8) Entry and Access. The permittee shall allow the Department or authorized representative to:

(a) Enter the permitted facility, application site(s), or any other location where records are maintained;

(b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;

(c) Inspect, at reasonable times, any facility, equipment (including monitoring and control equipment), practices, or operations regulated or required by the permit; and

(d) Sample or monitor, at reasonable times, for the purpose of assuring permit compliance or otherwise authorized by the AWPCA, any substances or parameters at any location.

(9) Reporting. The permittee shall report to the Director as follows:

(a) In writing at least thirty days before any planned physical alteration or addition to the permitted facility or activity if that alteration or addition would result in any significant change in information that was submitted during the permit application process. When the alteration or addition results in a need for a major modification, such alteration or addition shall not be operated prior to Department approval issued in accordance with this chapter.

(b) Advance notice in writing of any planned changes in or other circumstances regarding the facility which may result in noncompliance with permit requirements.

(c) Orally within twenty-four hours from the time the permittee became aware of any noncompliance that may endanger the public health or the environment.

(d) In writing as soon as possible but within five days of the date the permittee knows or should know of any noncompliance, unless extended by the Department. This report shall contain:

1. A description of the noncompliance and its cause;

2. The period of noncompliance including, to the extent possible, times and dates and, if the noncompliance has not been corrected, the anticipated length of time it is expected to continue; and

3. Steps taken or planned, including timelines, to reduce or eliminate the continuance or reoccurrence of the noncompliance;

(e) In writing as soon as possible after the permittee becomes aware of relevant facts not submitted or incorrect information submitted, in a permit application or any report to the Director. Those facts or the correct information shall be included as a part of this report.

(10) Reopener. A reopener clause that requires permit modification or permit revocation and reissuance to include requirements of any applicable standard or limitation promulgated under this chapter after the permit is issued, as well as any determination made by the Department that the permitted facility endangers human health or the environment.

(11) Transfers. The permit is not transferable to any person except by modification or revocation and re-issuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. The Director may require the submittal of a complete permit application by the new operator and may issue a new permit, or the Director may, in the case of a change in operator where no significant change in operations has occurred that would affect compliance with the permit, where no additional discharges would be added, and where no additional requirements under this chapter are necessary, accomplish transfer of the permit by the following procedure:

(a) The current permittee and the prospective permittee shall apply for a transfer of the permit at least thirty days in advance of the change in operator.

(b) The application shall include a written agreement between the existing and new permittees containing the specific date for transfer of permit responsibilities, coverage and liability. The application shall be witnessed and accompanied by the appropriate fee required under chapter 335-1-6.

(12) Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any violation of the permit and to minimize or prevent any adverse impact of any permit violation.

(13) Signatory Requirements.

(a) All applications, reports or information submitted to the Department shall be signed and certified. Signatories to applications and reports must meet the requirements of rule 335-6-6-.09.

(b) Any person who knowingly makes any false statement, representation or certification on any application, record, report, plan or other document submitted or required to be maintained under a permit, including monitoring reports or reports of compliance or non-compliance, shall be subject to civil and criminal provisions as provided for in Alabama law or other appropriate authority.

Notes

Ala. Admin. Code r. 335-6-20-.08

Adopted by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/29/2015.

Author: Nicholas Caraway

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