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. For the past several years, the State of Alabama has maintained a highly effective and comprehensive "permit-by-rule" system of regulations addressing construction stormwater.
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. All sites that disturb 20 or more acres of land at one time are required to comply with the turbidity limitation by August 1, 2011 and sites disturbing 10 or more acres by February 2, 2014. These sites must sample stormwater discharges and comply with a numeric limitation for turbidity. The limitation is 280 NTU (nephelometric turbidity units).
Information on EPA's Final Effluent Guidelines for Construction Sites
To meet the increasing demands placed on our regulatory programs by EPA's new rules and policies while at the same time continuing our efforts to improve, streamline, and economize our construction stormwater program, the Department has made the decision to replace the current "permit-by-rule" system with a general NPDES permit developed and administered under ADEM Admin. Code R. 335-6-6-.23. The transition to a General Permit will begin with an initial draft permit which the Department is making available for initial stakeholder review. In addition, the Department will hold a series of workshops around the State later this summer to review the initial draft permit, answer questions, and receive initial feedback from stakeholders.
The Department anticipates initiating formal permit procedures during the Fall 2010.
Public Notice for General NPDES Permit AL1000000 - November 16, 2010
ADEM's Initial Draft General Permit for Stakeholder Review updated 8-13-10
Workshop Registration Page
