reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.06 - Funding Reserves

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may reserve from the CWSRF amounts needed for
				  administration of the fund and any other purposes allowable by the rules and
				  grant conditions of the EPA.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.07 - Maintenance Of The Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall maintain the corpus of the fund in perpetuity.
(2) Payments of principal, interest, and
				penalties on loans awarded from the CWSRF shall be made to the fund.
(3) All interest earned shall be credited to
				the CWSRF pursuant to the Act.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.08 - Administrative Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department
				may require an administrative or legal fee of recipients:
(a) Assessed as a percentage of the
				outstanding principal, payable on interest payment dates; and/or
(b) An origination fee, to be paid at closing
				of the assistance agreement.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.10 - Duplicate Funding

Current through Register Vol. 42, No. 9, June 28, 2024
Projects that are funded by other grant or subsidized loan
				  programs are ineligible for CWSRF funding for the identical scope of work.
				  CWSRF funds may be used in conjunction with other grant or subsidized loan
				  programs to the extent that the CWSRF is not reimbursing the same expenditures
				  as the other program. By way of example, a project costing a total of one
				  million dollars ($1,000,000) that receives a federal grant for five hundred
				  fifty-thousand dollars ($550,000) would be eligible for CWSRF assistance in the
				  maximum amount of four hundred fifty-thousand dollars
				  ($450,000).
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.12 - Requisition Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Loan
				proceeds shall be disbursed to recipients on a reimbursement basis as work
				progresses, but no more often than once per month unless the Department grants
				prior approval.
(b) The Department
				shall review each payment request to ensure that it conforms to the approved
				scope of work and that it complies with the conditions of the assistance
				agreement before approving payment.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.13 - Project Changes

Current through Register Vol. 42, No. 9, June 28, 2024
The recipient shall immediately notify the Department in
				  writing of events or proposed changes that may require a modification to the
				  assistance agreement, including:
(a)
				Changes in plans and specifications for the project;
(b) Changes to the scope or objectives of the
				project;
(c) Significant, changed
				conditions at the project site;
(d)
				Significant changes to the construction schedule; and
(e) Changes that may substantially change the
				total cost of the project.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.14 - Access

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The recipient
				and its contractor and subcontractors shall provide to Department personnel,
				and any authorized representative of the Department, access to the facilities,
				premises and records related to the project.
(2) The recipient shall submit to the
				Department such documents and information as requested by the Department needed
				to determine compliance with the assistance agreement and this
				Chapter.
(3) The recipient, and all
				contractors which contract directly with the recipient or receive a portion of
				State funds, may be subject to a financial audit.
(4) Records shall be retained and available
				to the Department until the final fund loan repayment has been made by the
				recipient.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.15 - Project Sign

Current through Register Vol. 42, No. 9, June 28, 2024
A project identification sign shall be displayed in a
				  prominent location at each publicly visible project site and facility. The sign
				  shall identify the project, CWSRF assistance amount, and other information as
				  required by the Department, and shall be configured in a manner acceptable to
				  the Department.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.16 - Project Initiation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				recipient shall expeditiously initiate and complete the project in accordance
				with the project schedule contained in the assistance agreement.
(2) The recipient shall not advertise any
				contract until written notice of acceptance of project plans and specifications
				has been issued by the Department.
(3) Once bids for project initiation are
				received, the recipient must be issued approval to award by the Department
				prior to awarding any agreements or sub-agreement(s).
(4) The recipient and the contractor to whom
				the sub-agreement(s) has been awarded shall attend a preconstruction conference
				with Department personnel prior to the issuance of a notice to proceed by the
				recipient.
(5) The recipient shall
				award the sub-agreement(s) and issue notice(s) to proceed no later than the
				deadlines established by the assistance agreement.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.17 - Allowable Project Costs

Current through Register Vol. 42, No. 9, June 28, 2024
The Department shall only provide assistance from the CWSRF
				  for costs of work that are eligible under Title VI of the Clean Water Act, and
				  the
Code of Ala. 1975
,
				  §§22-34.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-1 - CLEAN WATER STATE REVOLVING FUND PROGRAM › Section 335-11-1-.18 - Withholding Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may withhold disbursements from an assistance
				  agreement when the Department determines that a recipient has failed to comply
				  with any assistance agreement condition, provision of this chapter, or contract
				  specification or requirement.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-34-1,
					 22-34-2,
					 22-34-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The words and terms used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise.
(a) "Act" means Alabama Act No.
				97-415.
(b) "Allowable Costs" means
				those costs that are eligible, reasonable, necessary, and allocable to the
				project; permitted by generally accepted accounting principles; and approved by
				the Department in the assistance agreement.
(c) "Applicant" means the public body that
				has submitted an application to the Department for financial assistance from
				the Drinking Water State Revolving Fund.
(d) "Application" means the information
				submitted by an applicant to the Department to obtain financial assistance,
				including technical, environmental, and financial information necessary to
				determine the eligibility for financial assistance from the Drinking Water
				State Revolving Fund.
(e)
				"Assistance Agreement" means a loan or grant from the Drinking Water State
				Revolving Fund for the allowable costs of the project.
(f) "Clean Water State Revolving Fund" or
				"CWSRF" means the Water Pollution Control Revolving Loan Fund described in
				Chapter 335-11-1.
(g) "Corpus of
				the Fund" means the capital of the program, funds generated for the existence
				and sustenance of the program, a permanent fund kept for the basic expenditures
				for the administration and survival of the program.
1. Appropriations to the DWSRF from the
				Alabama Legislature; and,
2.
				Capitalization grants from the EPA, net of administrative reserves and any
				additional subsidy requirements.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.02 - Eligible Applicants

Current through Register Vol. 42, No. 9, June 28, 2024
Any public entity shall be eligible to apply for financial
				  assistance for planning, design, and construction of eligible projects
				  described in rule
				  335-11-2-.03.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.03 - Eligible Projects

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Fund
				may provide assistance to finance the costs of infrastructure needed to achieve
				or maintain compliance with requirements, and/or meet public health objectives
				of the SDWA. Examples include projects to:
(a) rehabilitate or develop sources to
				replace an existing contaminated source;
(b) install or upgrade treatment facilities
				if, in the Department's opinion, the project is the most economical and would
				improve the quality of drinking water to comply with primary or secondary
				standards;
(c) install or upgrade
				storage facilities, including finished water reservoirs, to prevent
				microbiological contaminants from entering the water system;
(d) install or replace transmission and
				distribution pipes to prevent contamination caused by leaks or breaks in the
				pipe, or improve water pressure to safe levels;
(e) implement green stormwater projects at
				publicly-owned facilities that are part of an eligible drinking water
				infrastructure project;
(f) install
				or retrofit water efficient devices;
(g) replace potable sources with non-potable
				sources (water reuse or water recycling);
(h) install renewable energy sources that are
				part of an eligible drinking water infrastructure project;
(i) To the extent funds are made available by
				the Department, refinance or buy eligible debt obligations of municipalities
				and intermunicipal and interstate agencies within Alabama at or below market
				rates, if the debt obligations were incurred after July 1, 1993;
(j) Guaranteeing or purchasing insurance for
				a local obligation to improve credit market access or reduce the interest rate
				of the obligations;
(k) Providing a
				source of revenue or security for the payment of principal and interest on
				revenue or general obligations bonds issued by the state if the proceeds of the
				sale of the bonds will be deposited in the fund; and,
(1) Any other use allowable by the United
				States Environmental Protection Agency and consistent with the Act.
(2) Land is an allowable cost only if it is
				integral to a project needed to meet or maintain compliance and further public
				health protection. In this instance, land that is integral to a project is only
				the land needed to locate eligible treatment or distribution projects. In
				addition, the acquisition must be from a willing seller.
(3) Projects must be ranked on the
				Department's project priority list and included in the DWSRF Intended Use Plan
				to be considered for funding.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.04 - Project Priority List

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall prepare a ranked priority listing of projects for which DWSRF
				funding will be made available.
(2)
				The project priority list shall be included in the Departments Intended Use
				Plan and subject to public notice and a public comment period.
(3) Projects on the priority list shall be
				ranked in descending order of the point rating assigned to each project. In the
				event two or more projects are assigned an identical point rating, such
				projects shall be ranked in accordance with the following criteria: The project
				that serves a community with the lowest median household income shall be ranked
				first. In the event the projects have identical median household incomes, the
				project with the lowest total cost will be ranked first.
(4) Supplemental projects shall be placed at
				the top of the priority list regardless of the priority ranking of the initial
				project. In the event that multiple supplemental applications are submitted,
				each will be ranked using the initial amount of priority points assigned in
				comparison to each supplemental application in accordance with
				335-11-2-.04(3).
(5) The priority list shall be divided into a
				fundable and nonfundable, or planning, portion. The list's fundable portion
				shall include those projects anticipated to be funded from the projected
				available DWSRF funds. The list's nonfundable portion shall include all
				projects that are eligible but sufficient funding is not available from the
				DWSRF at the time the priority list is prepared.
(6) The Department may remove a project from
				the priority list at any time provided that one or more of the following
				conditions is met:
(a) The project has been
				fully funded; or,
(b) The project
				is not ready to proceed as determined by the Department; or,
(c) The project is ineligible under the
				provisions of this chapter or the rules and grant conditions of the
				EPA.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.05 - Criteria For Ranking

Current through Register Vol. 42, No. 9, June 28, 2024
The Department shall determine the priority for funding
				  eligible projects to be included on the project priority list and included in
				  the Departments Intended Use Plan and and based on the criteria established in
				  40 CFR Parts 9 and 35; and,
(a)
				whether the project addresses the most serious risks to human health;
(b) whether the project addresses compliance
				with the SDWA;
(c) the financial
				capability of the applicant/affordability of the project;
(d) energy and water efficiency;
				and,
(e) sustainability of the
				project.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.06 - Funding Reserves

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may reserve from the DWSRF amounts needed for
				  administration of the fund and any other purposes allowable by the rules and
				  grant conditions of the EPA.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.07 - Maintenance Of The Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall maintain the corpus of the fund in perpetuity.
(2) Payments of principal, interest, and
				penalties on loans awarded from the DWSRF shall be made to the fund.
(3) All interest earned shall be credited to
				the DWSRF pursuant to the Act.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.08 - Administrative Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department
				may require an administrative or legal fee of recipients:
(a) Assessed as a percentage of the
				outstanding principal, payable on interest payment dates; and/or
(b) An origination fee, to be paid at closing
				of the assistance agreement.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.10 - Duplicate Funding

Current through Register Vol. 42, No. 9, June 28, 2024
Projects that are funded by other grant or subsidized loan
				  programs are ineligible for DWSRF funding for the identical scope of work.
				  DWSRF funds may be used in conjunction with other grant or subsidized loan
				  programs to the extent that the DWSRF is not reimbursing the same expenditures
				  as the other program. By way of example, a project costing a total of one
				  million dollars ($1,000,000) that receives a federal grant for five hundred
				  fifty-thousand dollars ($550,000) would be eligible for DWSRF assistance in the
				  maximum amount of four hundred fifty-thousand dollars
				  ($450,000).
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.11 - Application Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Pre-Applications for DWSRF assistance may be submitted at any time during the
				year. Projects subject to subsidy must submit applications on or before the
				date established by the Department.
(2) Full applications for DWSRF assistance
				shall be submitted by the deadline established each year by the Department or
				by the date agreed upon by the Department and the applicant. The application
				shall include full and complete documentation and any supplementary materials
				that the Department may require.
(3) Submissions that do not substantially
				comply with this chapter shall not be processed, and shall be returned to the
				applicant.
(4) The following shall
				be submitted when applying for DWSRF assistance:
(a) A complete application form, with
				supporting documents;
(b) A
				resolution passed by the public body authorizing the filing of an application
				for assistance, specifying the individual authorized to sign. the application
				on behalf of the applicant. If two or more public bodies are involved in the
				project, a resolution is required from each, indicating the lead applicant and
				the authorized representative;
(c)
				Statement of assurances as provided by the Department;
(d) Plans and specifications for the
				project;
(e) Project cost
				breakdown;
(f) Projected cash flow
				schedule;
(g) Construction
				schedule;
(h) Site certificate from
				the applicant's legal counsel and the authorized representative as to title or
				mechanism to obtain title necessary for project sites and easements;
(i) Certification that the applicant has
				received any required permits from the Department for operation of the
				project;
(j) A statement from the
				applicant indicating that it has not violated any federal, state, or local law
				pertaining to fraud, bribery, graft, kickback, collusion, or conflicts of
				interest relating to or in connection with the planning, design, and
				construction of the project;
(k) An
				environmental information document in such format as the Department may
				require;
(l) A statement from the
				applicant which indicates if it used the services of a person for planning or
				design of the project whose name appears on the Federal list of debarments,
				suspensions and voluntary exclusions;
(m) Executed intermunicipal agreements, if
				required;
(n) Draft engineering
				agreements for construction services which specify engineering and inspection
				costs to be funded by DWSRF Funds;
(o) A description of how the applicant plans
				to repay the fund loan with supporting documentation as required by the
				Department; and,
(p) Any other
				information the Department may require to ensure the eligibility of the project
				and to evaluate the financial, technical, and managerial capacity of the
				applicant.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.12 - Requisition Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Loan
				proceeds shall be disbursed to recipients on a reimbursement basis as work
				progresses, but no more often than once per month unless the Department grants
				prior approval.
(b) The Department
				shall review each payment request to ensure that it conforms to the approved
				scope of work and that it complies with the conditions of the assistance
				agreement before approving payment.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.13 - Project Changes

Current through Register Vol. 42, No. 9, June 28, 2024
The recipient shall immediately notify the Department in
				  writing of events or proposed changes that may require a modification to the
				  assistance agreement, including:
(a)
				Changes in plans and specifications for the project;
(b) Changes to the scope or objectives of the
				project;
(c) Significant, changed
				conditions at the project site;
(d)
				Significant changes to the construction schedule; and
(e) Changes that may substantially change the
				total cost of the project.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.14 - Access

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The recipient
				and its contractor and subcontractors shall provide to Department personnel,
				and any authorized representative of the Department, access to the facilities,
				premises and records related to the project.
(2) The recipient shall submit to the
				Department such documents and information as requested by the Department needed
				to determine compliance with the assistance agreement and this
				Chapter.
(3) The recipient, and all
				contractors which contract directly with the recipient or receive a portion of
				State funds, may be subject to a financial audit.
(4) Records shall be retained and available
				to the Department until the final fund loan repayment has been made by the
				recipient.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.15 - Project Sign

Current through Register Vol. 42, No. 9, June 28, 2024
A project identification sign shall be displayed in a
				  prominent location at each publicly visible project site and facility. The sign
				  shall identify the project, DWSRF assistance amount, and other information as
				  required by the Department, and shall be configured in a manner acceptable to
				  the Department.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.16 - Project Initiation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				recipient shall expeditiously initiate and complete the project in accordance
				with the project schedule contained in the assistance agreement.
(2) The recipient shall not advertise any
				contract until written notice of acceptance of project plans and specifications
				has been issued by the Department.
(3) Once bids for building the project
				initiation are received, the recipient must be issued approval to award by the
				Department prior to awarding any agreement or subagreement(s).
(4) The recipient and the contractor to whom
				the subagreement(s) has been awarded shall attend a preconstruction conference
				with Department personnel prior to the issuance of a notice to proceed by the
				recipient.
(5) The recipient shall
				award the subagreement(s) and issue notice(s) to proceed no later than the
				deadlines established by the assistance agreement.
Authors:
Aubrey H. White III, Kris
					 Berry
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.17 - Allowable Project Costs

Current through Register Vol. 42, No. 9, June 28, 2024
The Department shall only provide assistance from the DWSRF
				  for costs of work that are eligible under the Safe Drinking Water Act and EPA
				  capitalization grants.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.18 - Withholding Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may withhold disbursements from an assistance
				  agreement when the Department determines that a recipient has failed to comply
				  with any assistance agreement condition, provision of this chapter, or contract
				  specification or requirement.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.19 - Project Activities Not Eligible For Funding

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Fund cannot provide funding
				assistance for the following projects and activities:
(a) Dams or rehabilitation of dams;
(b) Water rights, except if the water rights
				are owned by a system that is being purchased through consolidation as part of
				a capacity development strategy.
(c) Reservoirs, except for finished water
				reservoirs and those reservoirs that are part of the treatment process and are
				located on the property where the treatment facility is located.
(d) Laboratory fees for routine
				monitoring.
(e) Operation and
				maintenance expenses;
(f) Projects
				needed mainly for fire protection.
(g) Projects for water systems that lack
				adequate technical, managerial and financial capability, unless assistance will
				ensure compliance;
(h) Projects for
				water systems in significant noncompliance, unless assistance will ensure
				compliance;
(i) Projects with
				adverse environmental impact or strong public objection; or
(j) Operator training, except for initial
				start-up training by a vendor and/or design engineer for equipment installed by
				a DWSRF-funded project.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - OPERATOR CERTIFICATION PROGRAM › Chapter 335-11-2 - DRINKING WATER STATE REVOLVING FUND PROGRAM › Section 335-11-2-.20 - Funding Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may deny a DWSRF application if, in the
				  opinion of the Department, it cannot be clearly established that the applicant
				  has the technical, financial, and managerial ability to repay the loan and
				  operate its system in a sustainable fashion. The Department may also deny a
				  DWSRF application in order to preserve the sustainability of the DWSRF
				  program.
Author:
Aubrey H. White III
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-23B-1,
					 22-23B-2,
					 22-23B-3,
					 22-23B-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this Division is to establish minimum criteria
				  for use under the Act, as amended, primarily for the disposal of solid waste
				  and the design, location and operation of landfill and CCR units.
Authors:
Russell A. Kelly, S, Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §
											22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.02 - Statutory Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The Department is authorized to promulgate these rules and
				  regulations under and by virtue of authority granted in the
Code of
				  Ala. 1975
, §§
									22-27-7,
				  22-27-9,
				  22-27-12,
				  22-22A-5 and
				  22-22A-8.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-7,
					 22-27-9,
					 22-27-12,
					 22-22A-5,
					 22-22A-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.04 - Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
Nothing in these rules and regulations shall be construed to
				  limit the authority of municipal and county governments, solid waste
				  authorities, Local Health Officer or State Health Department from adopting more
				  stringent solid waste management requirements than those set forth in this
				  Division.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 22-27-3,
					 22-27-5,
					 22-27-6,
					 22-27-7,
					 22-27-9,
					 22-27-10,
					 22-27-11,
					 22-27-12,
					 22-27-13,
					 22-27-14.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.05 - Communications

Current through Register Vol. 42, No. 9, June 28, 2024
All official communications, reports, and correspondence
				  concerning this Division shall be addressed to the ADEM, Land Division, 1400
				  Coliseum Boulevard, Montgomery, Alabama 36110-2400 or P.O. Box 301463,
				  Montgomery, Alabama 36130-1463.
Authors:
Russell A. Kelly, Phillip D. Davis,
					 S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-7,
					 22-27-11,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.06 - Penalty For Violations

Current through Register Vol. 42, No. 9, June 28, 2024
No person shall violate any of the provisions of these rules
				  and regulations. Violation of these rules and regulations shall be deemed to be
				  a violation of the Act,
Code of Ala. 1975
,
				  §§
									22-27-7 and
				  22-27-11, and shall be punishable
				  as provided therein or by other applicable penalties which may be more
				  stringent.
Authors:
Russell A. Kelly, Phillip D.
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-7. 22-27-11,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.07 - Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
Any person aggrieved by any administrative action of the
				  Department, with respect to these regulations, is entitled to a hearing before
				  the Commission and has the right of appeal in accordance with procedures
				  established in chapter 335-2-1 of the ADEM Administrative Code.
Authors:
Russell A. Kelly, Phillip D. Davis,
					 Heather M. Jones
Statutory Authority:
Code of Ala.
					 1975
, Section Section
					 22-27-7,
					 22-27-12,
					 22-22A-7
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.08 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
The chapters, rules, paragraphs and provisions of this
				  Division are severable. Should any portion thereof be ruled unconstitutional or
				  unenforceable by any court, the said ruling shall not affect any other
				  provisions of this Division not ruled upon.
Authors:
Russell A. Kelly, S. Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-8,
					 22-27-6.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.09 - Repealer. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Russell A. Kelly
Statutory Authority:
Code of Ala.
					 1975
, §
											22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.10 - Effective Date Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Russell A. Kelly, Phillip D.
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-22A-8,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.11 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All solid waste
				shall be disposed of in a manner consistent with the requirements of this
				Division.
(2) Duty to provide
				information. Any owner or operator subject to the requirements of this Division
				shall furnish to the Department, within a reasonable time, any relevant
				information which the Department may request to determine compliance with this
				Division. The owner or operator shall also furnish to the Department, upon
				request, copies of records required to be kept by any requirement of this
				Division.
Authors:
Russell A. Kelly, Heather M.
					 Jones
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 22-22A-5,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.12 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Statutory Authority:
Code of Ala.
					 1975
, §
											22-27-2,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-1 - GENERAL PROVISIONS › Section 335-13-1-.13 - Unauthorized Dump

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prohibition.
(a) Unauthorized dumps are prohibited by this
				Division, and are a violation of the Act.
(b) Unpermitted solid waste landfill units
				failing to satisfy the Division 13 regulations constitute unauthorized dumps,
				which are prohibited, and must be closed in accordance with Rule
				335-13-1-.13(2)
				or rule 335-13-4-.20.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-2 - COLLECTION AND TRANSPORTATION › Section 335-13-2-.01 - Collection And Transportation

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to the provisions of
Code of Ala.
				  1975
, §
									22-22A-4(i),
				  regulations addressing the collection and transportation of solid waste remain
				  within the function of the State Health Department pursuant to
Code
				  of Ala. 1975
, §§
									22-22A-5, and
				  22-22A-8.
Author:
Russell A. Kelly
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4,
					 22-22A-5,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-3 - PROCESSING AND RECYCLING › Section 335-13-3-.01 - Purpose And Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This regulation establishes the operating standards
				  applicable to Materials Recovery Facilities, Recoverable Materials Processing
				  Facilities, and other facilities that receive, store, process and sale
				  recovered materials that are not used on any on-site, end-use manufacturing
				  process. These regulations further establish the minimum reporting and
				  recordkeeping requirements necessary for subject facilities. Subject facilities
				  are those that initially obtain recyclable materials which have been removed
				  from the solid waste stream and determined to be recyclable by the generator of
				  those materials. The requirements of this Chapter are not applicable to end-use
				  facilities where recyclable or recovered materials are received by that
				  facility strictly for use in its manufacturing process as a fuel, raw material
				  or as a substitute for a commercial product.
Authors:
Phillip D. Davis, M. Gavin
					 Adams
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-12,
					 22-27-15,
					 22-27-16.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-3 - PROCESSING AND RECYCLING › Section 335-13-3-.03 - Facility Design And Operation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Facility Design and Operation
. Registered Materials
				Recovery and Recovered Materials Processing Facilities shall be designed and
				operated according to this section in order to remain a properly registered
				facility. Registered facilities that hold a valid NPDES permit shall be exempt
				from the facility design requirements of this Section.
(a) Failure to maintain minimum standards and
				operational requirements may result in revocation of registration and may cause
				the facility to be subject to and regulated under this Chapter as a Solid Waste
				Disposal Facility.
(b) Any facility
				in existence prior to the effective date of these regulations has one (1) year
				from the effective date of these regulations to comply with provisions for
				facility design and operation.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-3 - PROCESSING AND RECYCLING › Section 335-13-3-.04 - Storage And Accumulation Limitations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Storage Limit
.
				As determined on a yearly basis, each registered facility shall transfer at
				least 75% of the amount of material accumulated that is diverted from the solid
				waste stream or processed for recycling. Each facility in operation on the
				effective date of these regulations shall demonstrate through sufficient
				documentation that it is in compliance with the 75% requirement for the year of
				the effective date of these regulations. Each new facility beginning operation
				after the effective date of these regulations shall meet this storage limit for
				that portion of the year in which the facility begins receiving materials for
				recycling or processing.
(a) Each facility
				shall maintain records of all materials received by and shipped from the
				facility regardless of material type, origin or destination, in accordance with
				the requirements of Rule
				335-13-3-.04.
(b) Such records shall be available for
				inspection by the Department. Upon written notice, copies of these records
				shall be submitted to the Department.
(c) For the purposes of this section the term
				"year" shall be the calendar year commencing on January 1 and ending on
				December 31.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-3 - PROCESSING AND RECYCLING › Section 335-13-3-.05 - Recordkeeping And Reporting Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in Rule (3), no
				materials may be accepted by a facility registered under this Chapter from any
				person or entity without the completion of a receipt documenting the material
				acceptance. A receipt must be completed for each shipment of materials received
				by the registered facility. A copy of each receipt shall be provided to the
				person or entity delivering the materials, and a copy maintained by the
				registered facility. Copies of all receipts maintained by the facility shall be
				available for inspection by the Department, and shall be utilized to generate
				semi-annual reports as required by this section. All receipts must contain the
				following information:
(a) Description of
				materials received listed by material type.
(b) Weight of each material type in
				335-13-3-.04(1)(b)
				above, expressed in tons.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-3 - PROCESSING AND RECYCLING › Section 335-13-3-.06 - Inspection Of Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				facility registered under this Chapter shall, upon request of a duly authorized
				representative of the Department, permit the representative to enter, at all
				reasonable times, property and buildings to inspect facility operations,
				records and equipment, and to conduct monitoring or sampling activities as
				necessary to evaluate the facility's compliance with the requirements of this
				Chapter and the ADEM Administrative Code.
(2) The registrant, owner or operator shall
				assure that all records and documentation as may be required to determine
				compliance with this Chapter are available for inspection and/or audit upon
				request by the Department.
(3) The
				Department may require the registrant to prepare materials for inspection. Such
				preparation may include, but not be limited to the disassembly of bales, or
				spreading of segregated materials to facilitate inspection.
Authors:
Phillip D. Davis, M. Gavin
					 Adams
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-12,
					 22-27-15,
					 22-27-16.