Alabama Construction Stormwater Requirements

Alabama Construction Stormwater Requirements

Download the Alabama Construction Stormwater Inspection Form.

The Alabama Construction General Permit (CGP) is dated 1 April, 2016.

There are 7 CGP areas designated by the Alabama Department of Environmental Management (ADEM), each with a designated contact person. Here is a map of the CGP areas and contacts.

Permit Requirements:

  • Construction Notice of Intent (NOI) Permits can be filed online through the ADEM eNOI System.
  • A NOI is required for ALL CONSTRUCTION PROJECTS in Alabama, regardless of their size.
  • General Permit Fees are:
    • $1,385 for Initial Registration/Issuance, Reissuance, and Modification (with effluent limit change, injection zone change, or compatibility study).
    • $800 for Modification (with no effluent limit change, injection zone change, or compatibility study)

Plan Requirements:

  • A Construction Best Management Practices Plan (CBMPP) is required for all construction projects. The CBMPP must be certified by a Qualified Credentialed Professional (QCP)
    • A QCP is a licensed Professional Engineer (PE), a Certified Professional in Erosion and Sediment Control (CPESC) credentialed by EnviroCert International, or another recognized professional as listed in the CGP.
  • The ADEM CBMPP Template closely resembles the NPDES SWPPP Template.

Construction Start Requirements:

  • For non-priority construction sites, discharge is permitted immediately upon ADEM receipt of the CBMPP and NOI Permit application.
  • For priority construction sites, you must wait for 30 days after submitting the CBMPP and the NOI Permit to begin permitted discharge from the site.
    • Priority construction sites are sites that discharged to impaired waters on the EPA 303(d) list, waters with a TMDL, water bodies assigned the Alabama Outstanding Water use classification, and any other water body assigned special designation by ADEM.
    • ADEM may also choose to make any construction site a Priority site based on discharge risk.

Inspector Requirements:

Inspection Requirements:

  • A pre-construction inspection is required before the placement of any BMPs and must include “dated electronic photographic documentation” of all applicable areas on site. The pre-construction inspection must be conducted by a QCP or someone under their direct supervision.
  • A Daily Observations Log must be completed and kept, and must include a log of any rainfall observations and BMP deficiencies. Daily observations can be conducted by any site personnel.
  • Site Inspections
    • Non-Linear Projects must have monthly site inspections and inspections beginning within 24 hours of continuing construction activities after a qualifying precipitation event. The post-precipitation inspections must be completed within  72-hours following the qualifying precipitation event.
    • Linear Projects must have monthly inspections in all areas where perennial vegetation has not been fully established, as well as post-precipitation inspections that must be started within 24 hours of continuing construction activities and completed within 5 days.
    • Site Inspections must be conducted by a QCP or a QCI.
  • A Qualifying Precipitation Event is 0.75” of precipitation within a 24 hour period.

Weather Monitoring Requirements:

  • All precipitation on site must be measured and recorded.
  • Measurements can be taken from an on-site rain gauge, an off-site rain gauge located within 1 mile from the site, or an online service approved by ADEM (such as NOAA).

Signature Requirements:

  • Alabama signatory requirements follow the EPA guidelines. 
  • Permits and plans must be certified and signed by:
    • In the case of a corporation, by a principal executive officer of at least the level of vice president, or a manager assigned or delegated in accordance with corporate procedures, with such delegation submitted in writing if required by the Department, who is responsible for manufacturing, production, or operating facilities and is authorized to make management decisions which govern the operation of the regulated facility;
    • In the case of a partnership, by a general partner;
    • In the case of a sole proprietorship, by the proprietor;
    • In the case of a municipal, state, federal, or other public entity by either a principal executive officer, or ranking elected official;
    • or by a duly authorized (in writing submitted to ADEM) representative of that person.
  • Inspections and other documents must be signed by a QCP or QCI.
  • Documents must be certified using the following certification statement:
    • “I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

Stabilization and Termination:

  • Final soil stabilization must be initiated IMMEDIATELY whenever earth disturbing activities have permanently ceased on any portion of the site. 
    • Temporary stabilization must be initiated immediately on any portion of the site that has temporarily ceased operations and will not resume for more than 13 calendar days.
  • Stabilization is considered final when 100% of the soil surface is uniformly covered in permanent vegetation with a density of 85% or greater.
  • The Notice of Termination (NOT) can only be submitted under the following conditions:
    • Final stabilization has been achieved on all portions of the site;
    • Another operator has assumed control over the entire site and they have an NOI;
    • Coverage under an individual permit or alternative permit is obtained (very unusual).

This is a quick summary of the Construction Stormwater requirements in Alabama. To be sure you are meeting ALL the requirements and to lower your risk of audits, fines, stop-work orders, or jail-time, you should thoroughly familiarize yourself with the Alabama Construction General Permit.

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