Any land disturbance in unincorporated Mobile 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 Mobile 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 Mobile Bay tributaries, bayous, or coastal marshes. 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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