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.
Construction General Permit Forms
CGP - Notice of Intent
CGP - Inspection Report
CGP - Notice of Noncompliance
CGP - Termination Request
NOW AVAILABLE: eNOI
ADEM's construction general permit requires the registrant to post and maintain facility identification. The registrant is required to post a sign at easily accessible location(s) to identify the site. The registrant may use this example sign or create and use a sign with equivalent identifying information.
Example Facility ID Sign
Permit Fee Schedule D
The ADEM CBMPP Template
AL Handbook for Erosion Control, Sediment Control and Stormwater management on Construction Sites and Urban Areas
Construction sites discharging directly to these waters, and those within any identified watershed areas, will be required to submit a CBMPP with any request for permit coverage. For waters where only the stream segment is identified, ADEM may still, on a case-by-case, designate sites within the surrounding watershed as priority construction sites. Contact the Department for additional guidance.
Click here for Priority Construction Sites Map.
Construction Stormwater GIS Files
Alabama 303(d) list of Impaired Waters
Information on Alabama TMDLs
ADEM currently recognizes the following QCI Training Programs:
Homebuilders Association of Alabama (HBAA)
HBAA Qualified Credentialed Inspector (QCI) training program
Thompson Engineering, Inc. (TEI)
Thompson Engineering, Inc. (TEI) Qualified Credentialed Inspector (QCI) training program
View or download a copy of
ADEM Admin. Code chapter 335-6-12.
Federal and state regulations regarding discharges of stormwater require operators/owners to apply for and obtain NPDES permit coverage prior to conducting 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 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.
EPA's Construction and Development Website
Construction Stormwater - Fee Schedule F
The ADEM CBMPP Template
Water Use Classification Maps
Information on Alabama TMDLs
Alabama 303(d) List of Impaired Waters
AL Handbook for Erosion Control, Sediment Control and Stormwater management on Construction Sites and Urban Areas
ADEM Water Use Classifications (WUC) and designations
scroll to Division 6 - Volume 1, then Chapter 10
ADEM Water Use Classifications (WUC) maps
scroll to Division 6 - Volume 1, then Chapter 11
The
North American Industry Classification System (NAICS), adopted in 1997, replaced the
Standard Industrial Codes (SIC), and can be viewed or downloaded at the U.S. Census Bureau:
http://www.census.gov/eos/www/naics/
The SIC Codes can be viewed or downloaded at:
http://www.osha.gov/pls/imis/sicsearch.html.
Registration forms (ADEM Form 498) and
reporting forms (ADEM Forms 499, 500, and 501) can be viewed or downloaded in PDF format on the
forms page.
ADEM currently recognizes the following QCI Training Programs:
Homebuilders Association of Alabama (HBAA)
HBAA Qualified Credentialed Inspector (QCI) training program
Thompson Engineering, Inc. (TEI)
Thompson Engineering, Inc. (TEI) Qualified Credentialed Inspector (QCI) training program
View or download an example site identification sign.
ADEM Admin. Code Rule 335-6-12-.05(5) requires the registrant to post and maintain facility identification. The registrant is required to post a sign at easily accessible location(s) to identify the site. The registrant may use this example sign or create and use a sign with equivalent identifying information.
Completed registration and reporting forms can be mailed or hand delivered for processing to the ADEM Montgomery office.
Mailing Address
ADEM
Attn: Water Division
Stormwater Management Branch
Post Office Box 301463
Montgomery, Alabama 36130-1463
(334) 271-7700
(334) 279-3051 Fax
cswmail@adem.state.al.us
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Physical Address
ADEM
Attn: Water Division
Stormwater Management Branch
1400 Coliseum Boulevard
Montgomery, Alabama 36110
(334) 271-7700
(334) 279-3051 Fax
cswmail@adem.state.al.us
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