Proposed Alabama Construction Stormwater Permit
Failure of Construction Stormwater Erosion and Sediment Controls - Photo by Danny Smith
On December 22, 2020 the Alabama Department of Environmental Management (ADEM) published its proposed General National Pollutant Discharge Elimination System (NPDES) Permit ALR100000 for discharges from regulated construction activities to waters of the State of Alabama, for 30 days public comment. This permit regulates a wide range of land disturbances. Significant permit requirements include the following:
While the permit regulates construction activities that result in a total land disturbance of one acre or greater, sites, irrespective of size, that have a reasonable potential to be a significant contributor of pollutants to a water of the State may fall under the permit requirements.
Stormwater discharges from dewatering of trenches and excavations is prohibited unless managed by appropriate controls.
Stormwater discharges may not cause the turbidity of receiving streams to increase more than 50 NTUs.
Stormwater Discharges must comply with any Total Maximum Daily Load (TMDL) finalized or approved by EPA for receiving streams.
Stormwater Discharges may not cause or contribute to the listed impairment for any 303(d) listed receiving streams.
Permittees must design, install, and maintain effective stormwater controls, erosion controls, and sediment controls appropriate for site conditions.
Permittees must preserve and maintain a 25-foot natural riparian buffer zone adjacent to all waters of the State at the construction site to the maximum extent practicable during construction activities with some exceptions.
Permittees must protect storm drain inlets by installing storm drain inlet protection measures that remove coarse sediment particles from discharges prior to entry into any storm drain inlet that routes stormwater flow from the site and/or to a water of the State.
Temporary stabilization of disturbed areas must be initiated immediately whenever work toward project completion and final stabilization of any portion of the site has temporarily ceased on any portion of the site and will not resume for a period exceeding thirteen (13) calendar days.
A detailed site-specific Construction Best Management Practices Plan (CBMPP) must be developed and certified by a Qualified Credentialed Professional (QCP)
Unless a QCP is readily available to be present on the site, at least one onsite employee shall be certified as a Qualified Credentialed Inspector (QCI) by completing an initial training and annual refresher training course through an ADEM-approved Qualified Credentialed Inspector Program (QCIP) conducted by a cooperating training entity.
Pre-construction inspections are required.
Daily observations are required.
Site inspections shall be performed by a QCI, QCP, or a qualified person under the direct supervision of a QCP.
Site inspections shall be performed at least once a month and after any qualifying precipitation event since the last inspection; however, with any excavation, or construction undertaken or located within the banks of a waterbody, weekly inspections at a minimum are required.
Permittees must measure and record all precipitation occurring at the construction site (including rainfall and snowfall) daily, even if no precipitation occurs.
Non-compliance notifications are required.
Permittees must post and maintain signs to adequately identify the site prior to commencement of and during NPDES construction until permit coverage is properly terminated. These signs must be legible and display the name of the Permittee, “ADEM NPDES ALR10” followed by the four-digit NPDES permit number, facility or project name, and other descriptive information deemed appropriate by the Permittee.
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