The State of Alabama operates under the National Pollutant Discharge Elimination System (NPDES) program under the authorization of the U.S. Environmental Protection Agency (EPA) through state regulation ADEM Administrative Code r. 335-6-x.xx. The Alabama Department of Environmental Management (ADEM) manages the permitting and compliance of stormwater discharge.
The Clean Water Act and Federal regulations require construction site operators to obtain NPDES permit coverage for regulated land disturbances and associated discharges of stormwater runoff to State waters.
Effective April 1, 2011, ADEM established General NPDES Permit No. ALR100000 for discharges associated with regulated construction activity that will result in land disturbance equal to or greater than one acre or from construction activities involving less than one acre and which are part of a common plan of development or sale equal to or greater than one acre.
Construction site operators / owners seeking coverage under this general permit must submit a Notice of Intent (NOI) in accordance with the permit requirements.
Operators / owners of all regulated construction sites must implement and maintain effective erosion and sediment controls in accordance a Construction Best Management Practices Plan (CBMPP) prepared and certified by a Qualified Credentialed Professional (QCP). For priority construction sites, which include any site that discharges to (1) a waterbody which is listed on the most recently EPA approved 303(d) list of impaired waters for turbidity, siltation, or sedimentation, (2) any waterbody for which a TMDL has been finalized or approved by EPA for turbidity, siltation, or sedimentation, (3) any waterbody assigned the Outstanding Alabama Water use classification in accordance with ADEM Admin. Code r. 335-6-10-.09, and (4) any waterbody assigned a special designation in accordance with ADEM Admin. Code r. 335-6-10-.10, the CBMPP must be submitted to ADEM for review along with the NOI.
A QCP or Qualified Credentialed Inspector (QCI) conduct regular inspections of regulated construction activities to ensure effective erosion and sediment controls are being maintained. In certain circumstances, the QCI or QCP must also monitor construction site discharges for turbidity.
On December 1, 2009, the U.S. Environmental Protection Agency (EPA) published effluent limit guidelines (ELGs) and new source performance standards (NSPS) for regulated construction sites. The regulation was effective on February 1, 2010. After this date, all permits issued by EPA or states must incorporate the final rule requirements. Although certain parts of the rule were since stayed, ADEM's general permit incorporates those non-numeric effluent limits promulgated by EPA and which remain in effect.
The following requirements are applicable to any industrial facility wishing to discharge pollutants into waters of the State of Alabama:
No person shall discharge pollutants into waters of the state without first having obtained a valid NPDES permit or coverage under a valid General NPDES Permit
No person, required to apply for a storm water discharge permit by 40 CFR 122.26 (1994), shall discharge pollutants into waters of the state without first having applied for a valid NPDES permit or coverage under a valid General NPDES Permit. New dischargers shall obtain a valid NPDES permit or coverage under a valid General Permit prior to conducting any activity for which application for a storm water discharge permit is required by 40 CFR 122.26 (1994).
The following requirements are applicable to any industrial facility wishing to discharge pollutants into waters of the State of Alabama:
No person shall discharge pollutants into waters of the state without first having obtained a valid NPDES permit or coverage under a valid General NPDES Permit.
No person, required to apply for a storm water discharge permit by 40 CFR 122.26 (1994), shall discharge pollutants into waters of the state without first having applied for a valid NPDES permit or coverage under a valid General NPDES Permit. New dischargers shall obtain a valid NPDES permit or coverage under a valid General Permit prior to conducting any activity for which application for a storm water discharge permit is required by 40 CFR 122.26 (1994).