Ala. Admin. Code r. 335-6-5-.20 - Enforcement
(1) Any SID Permit
issued or reissued by the Department is a permit for the purpose of the AWPCA
and the FWPCA and any terms, conditions, or limitations of the permit are
enforceable under state and federal law.
(2) Any person required to have a SID Permit
pursuant to this Chapter and who discharges pollutants without said permit, who
violates the conditions of said permit, who discharges pollutants in a manner
not authorized by the permit, or who violates this Chapter or applicable orders
of the Department or any applicable rule or standard under this Division, is
subject to any one or combination of the following enforcement actions under
the AWPCA.
(a) An administrative order
requiring abatement compliance, mitigation, cessation of discharge, clean-up,
and/or penalties;
(b) An action for
damages;
(c) An action for
injunctive relief; or
(d) An action
for penalties.
(3) Any
order issued by the Department pursuant to the AWPCA requiring compliance with
the AWPCA, its implementing Rules, or a SID Permit shall specify a reasonable
time within which noncompliance must cease. In appropriate cases a reasonable
time may be immediately. Reasonableness shall be determined based upon the
severity of the violation and the complexity and availability of the measures
necessary to correct the violation.
(4) If the permittee is not in compliance
with the conditions of an expiring or expired permit the Director may choose to
do any or all of the following provided the permittee has made a timely
application for reissuance of the permit:
(a)
initiate enforcement action based upon the permit which has been
continued;
(b) deny the permit
reissuance. If the permit is denied, the owner or operator would then be
required to cease the activities authorized by the continued permit or be
subject to enforcement action for operating without a permit;
(c) reissue the new permit with appropriate
conditions; or
(d) take other
actions authorized by these Rules and the AWPCA.
(5) At least once each twelve months the
Department will issue a news release listing all significant industrial users
that have been in significant noncompliance, as defined under
40
CFR Section 403.8(1994), at
any time during the previous twelve month period. A list shall be prepared for
each publicly owned treatment works and shall be sent to the local newspaper
and to the major newspaper serving the community where the publicly owned
treatment works is located. If the significant noncompliance of a discharger
has been announced as a result of enforcement action, additional notification
shall not be required.
(6) The
reports and other documents required to be submitted or maintained under ADEM
Admin. Code, Chapter 335-6-5 and permits issued under the Chapter's authority
may be subject to:
(a) The provisions of
18 U.S.C. section
1001 relating to fraud and false
statements;
(b) The provisions of
sections 309(c)(4) of the ACT, as amended, governing false statements,
representation or certification; and
(c) The provisions of section 309(c)(6)
regarding responsible corporate officers.
Author: John Poole.
Notes
Statutory Authority: Code of Ala. 1975, §§ 22-22-9, 22-22-14, 22-22A-5.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.