According to Appendix D of the Alabama Notice of Intent (ALNOI) General Permit for Phase II Small MS4’s (2003), “ADEM Administrative Code Ch. 335-6-12 implements a Statewide construction stormwater regulatory program consistent with NPDES requirements for construction activities. As provided by 40 CFR Part 122.35(b), this NOI does not require an MS4 to implement a local construction stormwater control program.”
ADEM has implemented a statewide construction site stormwater regulatory program that addresses the minimum control measure outlined in the federal Phase II regulations. The City of Phenix City recognized a need to develop a construction site erosion and sediment control program to aid in the protection of local water resources. The City of Phenix City regulations do not supersede ADEM’s regulations; they are intended to support the ADEM regulations.