Any land disturbance in unincorporated Madison County that discharges construction stormwater to a water of the state needs an NPDES permit before work begins. ADEM administers the permit under the Alabama Water Pollution Control Act.
Construction stormwater in Madison County is regulated by ADEM, not the county, under the Alabama Water Pollution Control Act. A developer must obtain NPDES permit coverage before discharging runoff that carries sediment or other pollutants into the Tennessee River, the TVA reservoirs at Wheeler and Guntersville lakes, or tributaries like the Flint and Paint Rock rivers. The permit requires a Construction Best Management Practices Plan prepared by a Qualified Credentialed Professional, on-site controls to keep sediment out of receiving waters, and inspections after rain events. The one-acre disturbance threshold in ADEM Chapter 335-6-12 triggers mandatory registration. Discharging first and permitting later is not an option under the statute.
Discharging construction stormwater without an NPDES permit is a public nuisance subject to ADEM cease orders, civil penalties, and cleanup cost recovery by the Attorney General or a district attorney.
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See how Madison County's stormwater management rules stack up against other locations.
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