(a) Consistent with this chapter, ADEM shall promulgate and enforce rules as are necessary to regulate community wastewater systems and their wastewater management entities. Such rules may include, but may not be limited to, the following:
(1) The permitting, design, installation, repair, modification, location, and operation requirements of community wastewater systems and facilities.
(2) Mechanisms, methodologies, procedures, or guidelines, or any combination of these, to insure community wastewater systems and their management entities comply with law, regulations, conditions of operational permits, and directives of ADEM.
(3) Minimum inspection, monitoring, operating, reporting, record maintenance, and system maintenance requirements for community wastewater system management entities.
(b) Upon failure of any wastewater management entity to comply with this chapter, or any permit requirement, rule, or directive of ADEM, ADEM may revoke the management entity's permit or assess a civil penalty pursuant to the civil enforcement provisions of the Alabama Environmental Management Act and rules promulgated thereunder, or both. The failure of the wastewater management entity to maintain a certificate of economic viability issued by the PSC may constitute cause for permit revocation or the assessment of civil penalties by ADEM, or both.
(c) Any penalty assessed by ADEM pursuant to this section shall be in accordance with the civil enforcement provisions of the acts establishing ADEM, its rules, and the Alabama Administrative Procedure Act.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 25B - Regulation of Privately Owned Wastewater Systems.
Section 22-25B-1 - Definitions.
Section 22-25B-2 - Exempted Entities.
Section 22-25B-3 - Responsibilities of Wastewater Management Entities.
Section 22-25B-4 - Adph Regulation of Cluster Wastewater Systems.
Section 22-25B-5 - Adem Regulation of Community Wastewater Systems.
Section 22-25B-6 - Psc Regulation of Wastewater Management Entities.
Section 22-25B-7 - Fees and Penalties.
Section 22-25B-8 - Advisory Group.
Section 22-25B-9 - Wastewater System Failure.
Section 22-25B-10 - Public Right-of-Way Crossing.