ALABAMA
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Main Field Ops Page / Water Division
Construction & Small Noncoal, Nonmetallic Mining & Dry Processing Sites, And Associated AreasFederal and state regulations regarding discharges of stormwater require operators/owners to apply for and obtain NPDES permit coverage prior to conducting regulated construction disturbance and/or initial operation of small noncoal, nonmetallic mining sites, and associated land disturbance activities. These rules require that a Construction Best Management Practices Plan (CBMPP), prepared by a qualified credentialed professional (QCP), that is designed to minimize pollutant discharges in stormwater runoff to the maximum extent practicable during land disturbance activities, be fully implemented and effectively maintained. A CBMPP is required to be submitted with the request for registration for proposed discharges to a Tier 1 waterbody(s), proposed discharges to an Outstanding National Resource Water (ONRW) designated waterbody, and for projects involving waterbody relocation or significant alteration. NPDES registration coverage must be retained until all disturbed areas have been reclaimed and/or effective stormwater quality remediation has been achieved. The rules require an operator/owner to register construction activities and associated areas one (1) acre or greater in size. Construction activities less than 1 acre in size that are part of or associated with a larger plan of development or sale that might eventually exceed one acre, must register. In addition, construction activities less than 1 acre in size that are determined by ADEM to have significant potential to cause or contribute to water quality impairment, may be required to register. The rules require an operator/owner to register noncoal, nonmetallic mining or dry processing sites less than five (5) acres in size. Noncoal or nonmetallic mining sites and dry processing sites equal to or greater than 5 acres in size must obtain individual NPDES permit coverage (ADEM Admin. Code Chapter 335-6-9). Coal or metallic mining sites and wet preparation plant sites regardless of size must obtain also individual NPDES permit coverage. In addition to technical and administrative requirements, the rules require that regular inspections be performed by a QCP, a trained person under the direct supervision of a QCP, or a qualified credentialed inspector (QCI) trained through the Qualified Credentialed Inspection Program (QCIP). The registrant, owner, operator, contractor, or other responsible entity, separately or collectively, must retain NPDES registration coverage for regulated projects until existing disturbance activity and future proposed disturbance activity is complete and all disturbed areas have been reclaimed and/or effective stormwater quality has been remediation achieved. Responsibility for compliance with ADEM rules and NPDES registration requirements are not delegable by contract or otherwise. The operator/owner must ensure that any agent, contractor, subcontractor, or other person employed by, under contract, or paid a salary by the operator/owner ensures compliance. Registration neither precludes nor negates an operator’s responsibility or liability to apply for, obtain, or comply with other ADEM, federal, state, or local government permits, certifications, licenses, or other approvals. Registration does not authorize disturbance activity for sites/projects in the Coastal Zone of Baldwin and Mobile counties until coastal consistency certification or permit coverage is obtained, if required by ADEM Admin. Code Division 335-8.
Completed registration and reporting forms can be mailed or hand delivered for processing to the ADEM Montgomery office.
Send by Certified Mail, Overnight Mail, or
Hand-Deliver NOR, including CBMPP and other attachments if required, and
correct registration fee, to the ADEM Montgomery Office at:
Contact InformationADEM Telephone Number : (334) 271-7700 Email: cswmail@adem.state.al.us
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