ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

NOTICE OF RESPONSE TO COMMENTS AND NOTICE OF PUBLIC HEARING

FOR PROPOSED REVISIONS TO THE AFO / CAFO PROGRAM

DIVISION 335-6, ADEM ADMINISTRATIVE CODE
PUBLIC NOTICE --- 500

ADEM Admin. Code R. 335-6-7-.03(5) provides for a public notice, 30-day comment period, and public hearing every 5-years to solicit public participation and comment regarding the content, implementation, and compliance with provisions of ADEM Admin. Code Ch. 335-6-7.  Within 120-days after completion of the public participation process, a subsequent public notice is required to inform the public regarding the Department’s written response and a determination of the need, if any, to modify the rules to ensure continued consistency with the requirements of the Alabama Water Pollution Control Act.

Notice is hereby given regarding the availability of the Department’s Response to Comments prepared as a result of comments received during the May 10, 2020, through June 12, 2020, public comment period, including a public hearing in Montgomery on June 11, 2020.  A copy of the Response to Comments is available online via the ADEM eFile system at http://app.adem.alabama.gov/eFile/ under the document name “XXX ALAU00000 999 09-01-2020 PNOT ASH CAFO 2020 PN RTC” ( http://lf.adem.alabama.gov/WebLink/DocView.aspx?id=104368419&dbid=0&cr=1 )”, or can be obtained by contacting the ADEM CAFO Hearing Officer by email at fieldmail@adem.state.al.us.  Inquiries regarding the Response to Comments should be directed to: ADEM CAFO Hearing Officer, Field Operations Division, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1350 Coliseum Boulevard, Montgomery, AL 36110-2059).  Please be advised that ADEM Admin. Code Chap. 335-2-2 (http://adem.alabama.gov/alEnviroRegLaws/files/Division2.pdf ) contains procedures to petition the Department to initiate modification of this Chapter.

Notice is also given that a hearing before the Department of Environmental Management of the State of Alabama will be held on Wednesday, November 4, 2020, at 10:00 am for the Division 6 Hearing to be held in the Main Hearing Room at the ADEM – Central Office location at 1400 Coliseum Boulevard in Montgomery, to consider proposed revisions to Division 335-6 (AFO / CAFO Program) of the ADEM Administrative Code.

Revisions to the ADEM Admin. Code Div. 335-6-7, National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMPs), Registration Requirements, Technical Standards And Guidelines, Construction And Operation Requirements, Waste/Wastewater And Waste Product Treatment, Storage, Handling, Transport, And Disposal/Land Application, Nutrient Management, And Animal Mortality Management Requirements For Owners And Operators Of Animal Feeding Operations (AFOs) And Concentrated Animal Feeding Operations (CAFOs) are being proposed to establish new procedures for AFO / CAFO facilities to obtain non-NPDES permit coverage.

Copies of the proposed rules are available at a cost of 30 cents per page at each of the locations listed below.  The summary of reasons supporting the revisions is available free of charge.  Copies of the proposed rules and summary of reasons can also be found on the internet at http://adem.alabama.gov/newsEvents/pubHearings.cnt at no cost. For additional questions or comments, please contact one of the following offices:

ADEM, Office of General Counsel
Attn: Christie Lacey
1400 Coliseum Boulevard
Montgomery, AL  36110-2400
(334) 260-4510

ADEM, Birmingham Field Office
Attn: Mary Taylor
110 Vulcan Road
Birmingham, AL  35209-4702
(205) 942-6168

ADEM, Decatur Field Office
Attn: Jan Childers
2715 Sandlin Road, SW
Decatur, AL  35603-1333
(256) 353-1713

ADEM, Mobile Field Office
Attn: Jenika Haywood
2204 Perimeter Road
Mobile, AL  36615-1131
(251) 450-3400

The public hearing is being held to receive data, views, and arguments from interested persons regarding the proposed rules.  Attendance at the hearing is not necessary to present such data, views, arguments, or comments. The same may be submitted in writing, but must be received by the Hearing Officer prior to 5:00 p.m. on Wednesday, November 4, 2020.

Written submissions and other inquiries related to the proposed regulatory changes should be directed to: ADEM CAFO Hearing Officer, Office of General Counsel, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1400 Coliseum Boulevard, Montgomery, AL 36110-2400) or by e-mail at hearing.officer@adem.alabama.gov

Any person wishing to participate in this hearing who needs special accommodations should contact the Department’s Permits & Services Division at (334) 271-7714 at least five working days prior to the hearing.

This notice is hereby given this 20th day of September, 2020 by authorization of the Alabama Department of Environmental Management.

Nondiscrimination Statement:  The Department does not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in the administration of its programs.