1. (1) AFO owners/operators shall cooperate fully with inspections, monitoring and testing conducted by the Department as well as requests for document submission, submission of engineering or technical data, and testing and monitoring performed by the owner/operator at the request of the Department.

2. (2) AFO owners/operators must keep all records required either:

   1. (a) At the facility and be immediately available for inspection by the Department; or
   2. (b) At a readily available alternative site and be provided for inspection to the Director or his designee upon request.
3. (3) The registrant shall designate in writing as part of any Registration individual(s) responsible for inspections and record keeping.
4. (4) Incidents such as spills, or other discharges, along with information describing the pollution potential and quantity of the discharge, shall be documented and reported to the Director or his designee as required by this Chapter by all AFO owners/operators.
5. (5) CAFO facility inspections and maintenance activities shall be documented and reported as required by this Chapter and records must be kept on site or at a Department approved location for a minimum of three years and until after the next inspection and certification/evaluation of the facility and applicable records by a PE as required by Rule 335-6-7-.28.
6. (6) All reports required by this Chapter shall be submitted in a timely manner as required by this Chapter or as required by the Director or his designee. Failure to submit required reports may subject the AFO owner/operator to enforcement actions in accordance with the provisions of the AWPCA, as amended, and Rules promulgated thereunder.
7. (7) All discharge information and other data required to be maintained by the AFO owner/operator shall be made available to the Director or his designee upon request. Signed copies of monitoring reports shall be submitted to the Director or his designee if requested.
8. (8) AFO owners/operators shall retain copies of all records required by this Chapter for a period of at least three years from the date reported. This period may be extended by the Director at any time.
9. (9) Except for data determined to be confidential under 40 CFR Part 2, under Code of Ala. 1975, §22-22-9(c), as amended, and under Rule 335-6-7-.16 all reports prepared and submitted in accordance with the terms of this Chapter shall be available for public inspection at the Department’s Montgomery offices, or through appropriate alternative procedures implemented by the Department and the name and address of any applicant or registrant, name and location of the facility, NPDES applications or NORs, permits, registration, and effluent data shall not be considered confidential.
10. (10) The registrant shall document any planned physical alterations or additions to the registered facility. The AFO owner/operator must ensure that any change or facility expansion is in accordance with the provisions of this Chapter, and that an applicable Registration issuance or Registration modification is obtained and approved by the Director or his designee and a revised WMSP that meets or exceeds NRCS technical standards and guidelines is obtained and accepted by the Director or his designee, prior to any change or modification. Notwithstanding Departmental acceptance of the WMSP, additional/revised effective management practices shall be implemented as necessary by the AFO owner/operator that are sufficient to protect water quality and minimize the generation of odors to the maximum extend practicable.
11. (11) The registrant shall furnish to the Director or his designee any information which the Director may request to determine whether cause exists for modifying, revoking and requiring coverage under an Individual NPDES permit, or terminating the facility's Registration under this Chapter, or to determine compliance with this Chapter. The registrant shall also furnish to the Director or his designee, upon request, copies of records required to be kept by this Chapter.
12. (12) When the registrant becomes aware that it failed to submit any relevant facts or submitted incorrect information in the NOR or in any other report required by this Chapter, it shall promptly submit such facts or information to the Director.
13. (13) Except as required by Rule 335-6-7-.03, while an AFO that is not a defined or designated CAFO is not required to maintain or submit specific records unless required in writing by the Director, it is the responsibility of owners/operators of an AFO that may not be considered a CAFO requiring registration under this Chapter to maintain sufficient records that can document their status as a facility that has implemented best management practices that meet or exceed NRCS technical standards and guidelines, that has not discharged, or that is not otherwise required to register. Any records shall be made available to the Director or his designee upon request. Failure to record and keep adequate records documenting the operation of the AFO shall not be a defense to the Department determining that the operation is a CAFO requiring registration under Rule 335-6-7-.10.

Author: Richard Hulcher, Steven Jenkins

Statutory Authority: Code of Ala. 1975, §§22-22-1 to 22-22-14; 22-28-1 to 22-28-23; 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.