1. (1) The Director may require any CAFO required to be registered under this Chapter to apply for and obtain an Individual NPDES permit as provided in 40 CFR 122.28(b)(2)(i) and pursuant to Chapter 335-6-6. The Director or his designee will notify the owner/operator in writing that an Individual permit application to include the appropriate application fee is required. If an owner/operator fails to submit a complete and correct Individual NPDES application with applicable application fee as required by Chapter 335-1-6 or by the deadline specified by the Director or his designee, then any Registration granted to the owner/operator is automatically terminated at the end of the day specified for application submittal and the owner/operator may be subject to enforcement action. All requirements of this Chapter still apply to the AFO/CAFO owner/operator. The owner/operator shall be considered in violation of this Chapter, the AWPCA, and NPDES requirements each day until the required complete and correct Individual permit application is submitted and Individual permit coverage is issued by the Department.
2. (2) When an Individual NPDES permit or General permit (if issued) coverage is issued to an owner/operator subject to this Chapter, the applicability of this Chapter to the registrant is automatically terminated on the effective date of the Individual/General permit coverage. When an Individual NPDES permit or General permit coverage is terminated or an application is denied to an owner/operator otherwise subject to this Chapter, the owner/operator continues to be subject to the requirements of this Chapter on and after the date of such termination or denial, unless otherwise specified in writing by the Director or his designee.
3. (3) Individual NPDES permits or General permit coverage issued to AFO/CAFO facilities shall contain at least the same design and operational considerations as described in this Chapter and/or an affirmative demonstration of new and/or innovative technology or management measures acceptable to the Director or his designee to ensure an equivalent level of environmental quality as required by this Chapter. When the facility obtains coverage under an Individual permit or General permit (if issued) reflecting current regulatory requirements, any previously approved Registration will be considered administratively voided and superseded.
4. (4) Initial construction (that exceeds 1 acre) of an AFO that is not registered under this Chapter, or additional construction (that exceeds 1 acre) at an existing AFO that is not registered under this Chapter shall obtain coverage under an NPDES construction Notification, Registration, General permit, or Individual permit prior to commencement of new or increased construction, land disturbance, or associated regulated activity, unless exempted on a programmatic or categorical basis from this requirement in writing by the Director or his designee.

5. (5) Termination Or Denial Of Registrations

   1. (a) The following may be causes for terminating a Registration during its term, for denying a Registration issuance application, or denying a Registration reissuance application:

      1. 1. substantial noncompliance by the registrant or applicant with any condition of the Registration or the requirements of this Chapter;
      2. 2. the registrant’s or applicant’s failure in the Registration application or during the Registration issuance or reissuance process to disclose fully all relevant facts, or the registrant’s or applicant’s failure to disclose all relevant facts or the registrant’s or applicant’s misrepresentation of any relevant facts, at any time;
      3. 3. a change in any condition that results in either a temporary or a permanent reduction or elimination of any discharge controlled by the Registration [for example, facility closure or termination of a discharge by connection to a publicly/privately owned treatment works (POTW)];
      4. 4. the registrant’s or applicant’s failure to submit a complete Registration, including any additional information requested by the Director or his designee and appropriate registration fees;
      5. 5. the registrant’s or applicant’s history of substantial noncompliance if determined applicable by the Director; or
      6. 6. any other relevant factors the Director determines to be appropriate.
   2. (b) If cause exists for denial or termination of Registration under this Rule, the Director may determine that termination or denial of Registration is appropriate.
   3. (c) If the Director determines that a Registration that results in compliance with applicable water quality standards could not be issued or, if issued, could not be complied with, such Registration shall be terminated or denied.
   4. (d) Any applicant or registrant whose Registration is denied or terminated pursuant to the provisions of this Rule shall comply with the AWPCA and applicable requirements of Division 335-6 and may apply for coverage under an Individual NPDES permit pursuant to the provisions of Chapter 335-6-6.

Author: Richard Hulcher, Steven Jenkins

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

History: Amended: Filed February 24, 1999; effective March 31, 1999. Amended: Filed October 26, 2000; effective November 30, 2000.