Ala. Admin. Code r. 335-6-6-.04 - Prohibited Discharges
An
(a) a
discharge containing a radiological, chemical or biological warfare agent or a
high-level radioactive waste;
(b) a
discharge which, as determined by the Secretary of the Army, would
substantially impair anchorage or navigation;
(c) a discharge in conflict with an Area Wide
Waste Treatment Management Plan or amendment thereto, certified by the state
and approved by EPA pursuant to Section 208(b) of the FWPCA;
(d) a discharge for which the applicant is
required to obtain a certification under Section 401 of the FWPCA and that
certification has not been obtained or waived;
(e) a discharge to waters of the territorial
seas or the contiguous zone in the following circumstances:
1. before the promulgation of guidelines
under Section 403(c) of the FWPCA, (for determining degradation of the waters
of the territorial seas or the contiguous zone ) unless it is determined to be
in the public interest or
2. after
promulgation of guidelines under Section 403(c) of the FWPCA, when insufficient
information exists to make a reasonable judgment whether the discharge complies
with them;
(f) when the
imposition of conditions cannot ensure compliance with applicable water quality
requirements;
(g) a discharge to
which the Regional Administrator objects in writing to the Department pursuant
to any right to object provided the Regional Administrator in Section 402(d) of
the FWPCA;
(h) a discharge which
otherwise does not comply with the AWPCA or the FWPCA; or
(i) a discharge from the construction of a
new source or the construction of a new discharger, if the discharge from its
construction will cause or contribute to the violation of water quality
standards.
(j) a discharge from the
operation of a new source or the operation of a new discharger, if the
discharge from its operation will cause or contribute to a violation of water
quality standards.
Authors: John Poole, Richard Hulcher
Notes
Statutory Authority: Code of Ala. 1975, §§ 22-22-9, 22-22A-5.
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