reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.03 - Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
A processor shall submit a scrap tire semi-annual report in
				  accordance with
				  335-4-1-.03, utilizing ADEM Form
				  539, for each six (6)-month period of the calendar year (January through June
				  and July through December). All reports shall be submitted to ADEM no later
				  than the 28th day following the end of the reporting period.
Author:
James L. Bryant, M. Gavin Adams. Adam
					 N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.04 - Recordkeeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
An operating record for the processor shall be maintained at
				  the facility or in an alternate location approved by ADEM.
(a) The following information shall be placed
				in the operating record as it becomes available:
1. Permit or exemption as issued by
				ADEM.
2. Permit or exemption
				application, operational narrative, and other documentation submitted to ADEM
				during the permitting process.
3.
				Closure Plan with cost estimates to implement the Closure Plan.
4. Financial Assurance
				documentation.
5. Reports or
				documentation generated during the normal operation of the processing facility
				including, but not limited to:
(i) Manifests
				of tire materials received or shipped.
(ii) Receipt of scrap tires without a
				manifest.
(iii) Quarterly Reports
				utilizing ADEM Form 539.
(iv)
				Arrangement for fire protection services, if applicable.
(v) Vector Control Plan as referenced in
				335-4-1-.04(5)
(vi) Any other report or document
				generated in the normal operation of the facility that is submitted to
				ADEM.
6. Electronic
				versions of records listed in may be maintained in the operating record as
				allowed in
				335-4-1-.04(7).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.04 - Recordkeeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
An operating record for the processor shall be maintained at
				  the facility or in an alternate location approved by ADEM.
(a) The following information shall be placed
				in the operating record as it becomes available:
1. Permit or exemption as issued by
				ADEM.
2. Permit or exemption
				application, operational narrative, and other documentation submitted to ADEM
				during the permitting process.
3.
				Closure Plan with cost estimates to implement the Closure Plan.
4. Financial Assurance
				documentation.
5. Reports or
				documentation generated during the normal operation of the processing facility
				including, but not limited to:
(i) Manifests
				of tire materials received and/or shipped.
(ii) Receipt of scrap tires without a
				manifest.
(iii) Semi-annual reports
				utilizing ADEM Form 539.
(iv)
				Arrangement for fire protection services, if applicable.
(v) Vector Control Plan as referenced in
				335-4-1-.05(5).
(vi) Any other
				report or document generated in the normal operation of the facility that is
				submitted to ADEM.
6.
				Electronic versions of records listed in
				335-4-6-.04 may be maintained in
				the operating record as allowed in 335-4-1-.05(7).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.05 - Mobile Processing Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person operating mobile processing
				equipment shall obtain a permit from ADEM unless exempt in
				335-4-2-.04(3)(a).
(2) A permittee utilizing equipment that is
				moved between sites or receivers shall notify ADEM in writing at least three
				(3) days prior to movement of the processing equipment to a different location.
				Each location where mobile processing occurs shall meet the minimum siting
				requirements found in the owner or operator's permit.
(3) All processed tire material shall be
				removed from the location for recycling, further processing, or disposal in a
				SWDF within thirty (30) days of processing. The owner or operator of the mobile
				processing equipment shall provide ADEM the name and address of each facility
				or SWDF that will receive the processed tire material for further use or
				disposal. Shipments of processed tire material shall be manifested in
				accordance with
				335-4-4-.05, unless the processed
				tire material is placed in a solid waste container that is routinely emptied by
				a Solid Waste Collector permitted by a County Health Department. If the
				processed tire material is to be placed in a solid waste container, the
				processor shall provide the name of the SWDF that will receive the processed
				tire material for disposal and shall provide a letter from the SWDF stating
				acceptance of the processed tire material.
(4) Mobile processors shall maintain an
				operating record as required in
				335-4-6-.04 at a location
				approved by ADEM.
(5) Owners or
				operators of mobile processing equipment shall report to ADEM each location
				where the equipment operated and the number of tires processed. The report
				shall be submitted by the twentieth day of each month for the previous month's
				operations. A report shall be filed even if the equipment was not utilized
				during the reporting month.
(6) If
				mobile processing equipment is to be operated at a location for more than 180
				consecutive days, that location shall be considered a scrap tire processing
				facility and shall then meet the requirements in
				335-4-6-.01 and -.02.
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-40A-1
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.05 - Mobile Processing Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A person operating mobile processing
				equipment shall obtain a permit from ADEM unless exempt in accordance with
				335-4-2-.04(3)(a).
(2) An owner/operator utilizing equipment
				that is moved between sites or receivers shall notify ADEM, as described in
				335-4-1-.03, at least three (3)
				days prior to movement of the processing equipment to a different location.
				Each location where mobile processing occurs shall meet the minimum siting
				requirements found in the owner or operator's permit.
(3) All processed tire material shall be
				removed from the location for recycling, further processing, or disposal in a
				SWDF within thirty (30) days of processing. The owner or operator of the mobile
				processing equipment shall provide ADEM the name and address of each facility
				or SWDF that will receive the processed tire material for further use or
				disposal. Shipments of processed tire material shall be manifested in
				accordance with
				335-4-4-.05, unless the processed
				tire material is placed in a solid waste container that is routinely emptied by
				a Solid Waste Collector permitted by a County Health Department. If the
				processed tire material is to be placed in a solid waste container, the
				processor shall provide the name of the SWDF that will receive the processed
				tire material for disposal and shall provide a letter from the SWDF stating
				acceptance of the processed tire material.
(4) Mobile processors shall maintain an
				operating record as required in
				335-4-6-.04 at a location
				approved by ADEM.
(5) Owners or
				operators of mobile processing equipment shall report to ADEM each location
				where the equipment operated, and the number of tires processed. The report
				shall be submitted by the twentieth (20th) day of each month for the previous
				month's operations. A report shall be filed as described in
				335-4-1-.03, even if the
				equipment was not utilized during the reporting month.
(6) If mobile processing equipment is
				operated at a location for more than one hundred-eighty (180) consecutive days,
				that location shall be considered a scrap tire processing facility and shall be
				subject to the requirements in
				335-4-6-.01 and
				335-4-6-.02.
Author:
James L. Bryant. Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.06 - Closure Of Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Processors discontinuing their operations or those not
				  meeting the requirements of 335-4-6 shall discontinue receiving tire materials
				  and shall close the facility.
(a) The
				processor shall submit a Closure Plan to ADEM as a part of the permit
				application.
(b) The Closure Plan
				shall provide for the following if applicable:
1. A narrative description of the closure
				process to be implemented and a schedule for closure.
2. Removal of all tire materials to a
				permitted processor, end user, or SWDF.
3. Removal of all other regulated solid waste
				accumulated at the facility for disposal through a permitted solid waste
				transfer station or in a SWDF.
4. A
				Vector Control Plan.
5. Restriction
				of access to preclude delivery of additional tire materials.
6. A plan for site remediation if a
				contaminant or other threat to public health or the environment resulting from
				routine operations or a fire or other emergency is identified.
7. An estimate of the cost to close the
				facility according to the Closure Plan.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-6 - SCRAP TIRE PROCESSORS › Section 335-4-6-.06 - Closure Of Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Processors discontinuing their operations or those not
				  meeting the requirements of 335-4-6 shall discontinue receiving tire materials
				  and shall close the facility.
(a) The
				processor shall submit a Closure Plan to ADEM as a part of the permit
				application.
(b) The Closure Plan
				shall provide for the following if applicable:
1. A narrative description of the closure
				process to be implemented and a schedule for closure.
2. Removal of all tire materials to a
				permitted processor, end user, or SWDF.
3. Removal of all other regulated solid waste
				accumulated at the facility for disposal through a permitted solid waste
				transfer station or in a SWDF.
4. A
				Vector Control Plan.
5. Restriction
				of access to preclude delivery of additional tire materials.
6. A plan for site remediation if a
				contaminant or other threat to public health or the environment resulting from
				routine operations, or a fire or other emergency is identified.
7. An estimate of the cost for closure of the
				facility according to the Closure Plan.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.01 - General Requirements For Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A transporter shall only accept scrap
				tires or processed tire material from a registered receiver, a permitted
				processor, a SWDF or other persons approved by ADEM.
(2) Transporters may transport scrap tires or
				processed tire material to a registered receiver, a permitted or registered
				processor, a retreader or a SWDF.
(3) Transporters may only accept scrap tires
				or processed tire material manifested in accordance with
				335-4-4-.05.
(4) Scrap tire transporters are required to
				maintain financial assurance in accordance with 335-4-8.
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-40A-1
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.01 - General Requirements For Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A transporter shall only accept scrap
				tires or processed tire material from a registered receiver, a permitted
				processor, a SWDF or other persons approved by ADEM.
(2) Transporters may transport scrap tires or
				processed tire material to a registered receiver, a permitted or registered
				processor, a retreader or a SWDF.
(3) Transporters may only accept scrap tires
				or processed tire material manifested in accordance with
				335-4-4-.05.
(4) Scrap tire transporters are required to
				maintain financial assurance in accordance with 335-4-8.
Author:
James L. Bryant
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.02 - Decal Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Vehicles operated by the transporter or receiver shall
				  exhibit a decal issued by ADEM. The transporter or receiver shall maintain a
				  list of decal assignments to specific vehicles, and may request new decals when
				  additional vehicles are added.
(a) The
				decal shall be placed on each vehicle in the fleet and be clearly visible at
				all times. The decal shall be placed on the left side of the vehicle, either on
				the windshield or the side of the vehicle immediately behind the driver's side
				door and/or in accordance with U.S. Department of Transportation
				requirements.
(b) Numbered decals
				shall be provided by ADEM to the transporter who shall assign the decals to
				their vehicles. The transporter or receiver shall maintain a list of decals and
				the vehicle to which that decal is assigned. Decals are not transferable to
				another vehicle.
(c) The
				transporter or receiver may paint or scribe in some manner the decal
				information of the side of the vehicle immediately behind the driver's side
				door if the information placed on the vehicle clearly provides all information
				on the ADEM decal. Letters and numbers placed on the vehicle in this manner
				shall be at least one (1) inch in height. Letters and numbers shall be enduring
				and not change appearance with time.
Authors:
James L. Bryant, M. Gavin
					 Adams
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-40A-1 et seq.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.02 - Decal Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Vehicles operated by the transporter or receiver shall
				  exhibit a decal issued by ADEM. The transporter or receiver shall maintain a
				  list of decal assignments to specific vehicles and may request new decals via
				  the Department-approved electronic system, when additional vehicles are
				  added.
(a) The decal shall be placed
				on each vehicle in the fleet and be clearly visible at all times. The decal
				shall be placed on the left side of the vehicle, either on the windshield or
				the side of the vehicle immediately behind the driver's side door and/or in
				accordance with U.S. Department of Transportation requirements.
(b) Numbered decals shall be provided by ADEM
				to the transporter who shall assign the decals to their vehicles. The
				transporter or receiver shall maintain a list of decals and the vehicle to
				which that decal is assigned. Decals are not transferable to another
				vehicle.
(c) The transporter or
				receiver may paint or scribe in some manner the decal information of the side
				of the vehicle immediately behind the driver's side door if the information
				placed on the vehicle clearly provides all information on the ADEM decal.
				Letters and numbers placed on the vehicle in this manner shall be at least one
				(1) inch in height. Letters and numbers shall be enduring and not change
				appearance with time.
Author:
James L. Bryant, M. Gavin Adams. Adam
					 N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.03 - Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				transporter shall submit a scrap tire quarterly report, utilizing ADEM Form
				539, for each quarter of the calendar year (January through March, April
				through June, July through September, and October through December). All
				reports shall be submitted to ADEM no later than the 28th day following the end
				of the reporting period..
(2) If a
				permitted vehicle of the transporter is involved in a motor vehicle accident
				while transporting tire materials and tire materials are spilled, the
				transporter shall notify ADEM in writing within seventy-two (72) hours of the
				accident. The notification shall provide the following information:
(a) Date, time, and location of the
				accident.
(b) Amount of tire
				materials spilled from the vehicle involved in the accident.
(c) The disposition of spilled tire materials
				and tire materials remaining in or on the vehicle.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.03 - Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				transporter shall submit a scrap tire semi-annual report as described in
				335-4-1-.03, utilizing ADEM Form
				539, for each six (6)-month period of the calendar year (January through June,
				July through December). All reports shall be submitted to ADEM no later than
				the 28th day following the end of the reporting period.
(2) If a permitted vehicle of the transporter
				is involved in a motor vehicle accident while transporting tire materials and
				tire materials are spilled, the transporter shall notify ADEM, as described in
				335-4-1-.03, within seventy-two
				(72) hours of the accident. The notification shall provide the following
				information:
(a) Date, time, and location of
				the accident.
(b) Amount of tire
				materials spilled from the vehicle involved in the accident.
(c) The disposition of spilled tire materials
				and tire materials remaining in or on the vehicle.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.04 - Recordkeeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
An operating record for the transporter shall be maintained
				  at a facility located in Alabama or in an alternate location approved by
				  ADEM.
(a) The following information
				shall be placed in the operating record as it becomes available:
1. The permit application and permit as
				issued by ADEM.
2. Financial
				Assurance or insurance documentation.
3. Appropriate information on all vehicles
				transporting tire materials, to include vehicle identification number,
				make/model, and license number, and decal numbers assigned to those
				vehicles.
4. Reports or
				documentation generated during the normal operation of the transporter
				including, but not limited to:
(i) Manifests
				of tire materials transported.
(ii)
				Quarterly Reports utilizing ADEM Form 539.
(iii) Arrangement for fire protection
				services, if applicable.
(iv)
				Accident reports.
(v) Vector
				Control Plan as referenced in
				335-4-1-.04(5).
(vi) Any other report or document generated
				in the normal operation of the facility that is submitted to ADEM.
5. Electronic versions of records
				listed in
				335-4-7-.04 may be maintained in
				the operating record as allowed in
				335-4-1-.04(7).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-7 - SCRAP TIRE TRANSPORTERS › Section 335-4-7-.04 - Recordkeeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
An operating record for the transporter shall be maintained
				  at a facility located in Alabama or in an alternate location approved by
				  ADEM.
(a) The following information
				shall be placed in the operating record as it becomes available:
1. The permit application and permit as
				issued by ADEM.
2. Financial
				Assurance or insurance documentation.
3. Appropriate information on all vehicles
				transporting tire materials, to include vehicle identification number,
				make/model, and license number, and decal numbers assigned to those
				vehicles.
4. Reports or
				documentation generated during the normal operation of the transporter
				including, but not limited to:
(i) Manifests
				of tire materials transported.
(ii)
				Semi-annual reports utilizing ADEM Form 539.
(iii) Arrangement for fire protection
				services, if applicable.
(iv)
				Accident reports.
(v) Vector
				Control Plan as referenced in 335-4-1-.05(5).
(vi) Any other report or document generated
				in the normal operation of the facility that is submitted to ADEM.
5. Electronic versions of records
				listed in
				335-4-7-.04 may be maintained in
				the operating record as allowed in 335-4-1-.05(7).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Financial assurance shall be provided by the following persons:
(a) Permitted scrap tire
				transporters.
(b) Permitted Class
				One, Class Two and Class Three scrap tire processing facilities.
(c) If a permitted processor is also a
				permitted transporter, a separate and appropriate financial assurance
				instrument shall be posted for each permit and each separate facility for which
				the permittee applies.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Financial assurance shall be provided by the following persons:
(a) Permitted scrap tire
				transporters.
(b) Permitted Class
				One, Class Two and Class Three scrap tire processing facilities.
(c) If a permitted processor is also a
				permitted transporter, a separate and appropriate financial assurance
				instrument shall be posted for each permit and each separate facility for which
				the owner/operator applies.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.02 - Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				person proposing to transport scrap tires or processed tire material shall
				submit with its permit application evidence of financial assurance using one of
				the following:
(a) A surety bond in which the
				applicant is the principal obligor and ADEM is the obligee.
1. The surety company issuing the bond shall,
				at a minimum, be among those listed as acceptable sureties on federal bonds in
				Circular 570 of the U.S. Department of the Treasury or be a corporate surety
				licensed to do business in the State of Alabama.
2. The amount of the surety bond for
				environmental cleanup and restoration resulting from a transportation-related
				accident or event shall be established as follows:
(i) Transporters proposing to transport tire
				materials shall be required to provide a surety bond in an amount equal to
				$10,000.
(ii) If the surety bond is
				drawn upon, the transporter shall notify ADEM within twenty-four (24) hours,
				and shall acquire additional financial assurance in the amount of $10,000
				within five (5) days of the surety bond being drawn. If the permittee fails to
				provide the additional assurance as required, ADEM may terminate the permit as
				prescribed in
				335-4-3-.06(c).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.02 - Transporters

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Any person proposing to transport scrap tires or processed tire material shall
				submit with its permit application documentation of financial assurance using
				one of the following:
(a) A surety bond in
				which the applicant is the principal obligor and ADEM is the obligee.
1. The surety company issuing the bond shall,
				at a minimum, be among those listed as acceptable sureties on federal bonds in
				Circular 570 of the U.S. Department of the Treasury or be a corporate surety
				licensed to do business in the State of Alabama.
2. The amount of the surety bond for
				environmental cleanup and restoration resulting from a transportation-related
				accident or event shall be established as follows:
(i) Transporters proposing to transport tire
				materials shall be required to provide a surety bond in an amount equal to
				$10,000.
(ii) If the surety bond is
				drawn upon, the transporter shall notify ADEM within twenty-four (24) hours,
				and shall acquire additional financial assurance in the amount of $10,000
				within five (5) days of the surety bond being drawn. If the owner/operator
				fails to provide the additional assurance as required, ADEM may terminate the
				permit as prescribed in
				335-4-3-.06(c).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.03 - Processors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				owner or operator of a scrap tire processing facility shall provide financial
				assurance equal to the sum of the amounts required in
				335-4-8-.03(2) and
				(3) for the following:
(a) Closure of the scrap tire processing
				facility.
(b) Remediation of the
				facility if impacted by an incident, such as a fire or a catastrophic natural
				event, such as a flood, that may affect human health and the
				environment.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.05 - Financial Assurance Instruments for Remediation

Current through Register Vol. 42, No. 9, June 28, 2024
The owner or operator of a scrap tire processing facility may
				  utilize the following instruments to provide financial assurance for
				  remediation. The instruments used to demonstrate financial assurance shall
				  ensure that the level of financial assurance in
				  335-4-8-.03(3)
				  will be available whenever they are needed.
(a)
Trust Fund
. An
				owner or operator may establish a trust fund conforming to the requirements of
				335-4-8-.04(a).
(b)
Letter of
				Credit
. An owner or operator may obtain an irrevocable standby
				letter of credit conforming to the requirements of
				335-4-8-.04(b).
(c)
Insurance
. An
				owner or operator may obtain remediation insurance conforming to the
				requirements of
				335-4-8-.04(c).
(d)
Surety Bond
. An
				owner or operator may obtain a surety bond conforming to the requirements of
				335-4-8-.04(d).
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-40A-1
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.05 - Financial Assurance Instruments for Remediation

Current through Register Vol. 42, No. 9, June 28, 2024
The owner or operator of a scrap tire processing facility may
				  utilize the following instruments to provide financial assurance for
				  remediation. The instruments used to demonstrate financial assurance shall
				  ensure that the level of financial assurance in
				  335-4-8-.03(3)
				  will be available whenever they are needed.
(a)
Trust Fund
. An
				owner or operator may establish a trust fund conforming to the requirements of
				335-4-8-.04(a).
(b)
Letter of
				Credit
. An owner or operator may obtain an irrevocable standby
				letter of credit conforming to the requirements of
				335-4-8-.04(b).
(c)
Insurance
. An
				owner or operator may obtain remediation insurance conforming to the
				requirements of
				335-4-8-.04(c).
(d)
Surety Bond
. An
				owner or operator may obtain a surety bond conforming to the requirements of
				335-4-8-.04(d).
Author:
James L. Bryant
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.06 - Use Of Multiple Financial Assurance Instruments

Current through Register Vol. 42, No. 9, June 28, 2024
An owner or operator may satisfy the requirements of
				  335-4-8-.03 to .05 by
				  establishing more than one financial instrument per site. These instruments are
				  limited to trust funds, letters of credit and surety bonds.
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-40A-1
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.06 - Use Of Multiple Financial Assurance Instruments

Current through Register Vol. 42, No. 9, June 28, 2024
An owner or operator may satisfy the requirements of
				  335-4-8-.03 to .05 by
				  establishing more than one (1) financial instrument per site. These instruments
				  are limited to trust funds, letters of credit and surety
				  bonds.
Author:
James L. Bryant. Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-22A-5,
					 22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.07 - Release Of Financial Institution

Current through Register Vol. 42, No. 9, June 28, 2024
ADEM shall release a trustee, bank, surety or other financial
				  institution when either of the following occur:
(a) An owner or operator substitutes
				alternative financial assurance so that the total financial assurance for the
				facility is equal to or greater than the current cost estimate for closure and
				remediation, without counting the amounts to be released.
(b) ADEM releases the owner or operator from
				the requirements of
				335-4-8-.02 and .03 following
				completion of closure or remediation.
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-40A-1
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-8 - FINANCIAL ASSURANCE › Section 335-4-8-.07 - Release Of Financial Institution

Current through Register Vol. 42, No. 9, June 28, 2024
ADEM shall release a trustee, bank, surety or other financial
				  institution when either of the following occur:
(a) An owner or operator substitutes
				alternative financial assurance so that the total financial assurance for the
				facility is equal to or greater than the current cost estimate for closure and
				remediation, without counting the amounts to be released.
(b) ADEM releases the owner or operator from
				the requirements of
				335-4-8-.02 and .03 following
				completion of closure or remediation.
Author:
James L. Bryant
Statutory Authority:
Code of
					 Alabama 1975
, §§
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-9 - DELEGATION OF COUNTY ENFORCEMENT PROGRAMS › Section 335-4-9-.01 - Delegation Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
A County Commission may request delegation for enforcement of
				  the Act and 335-4.
(a) The application
				for delegation shall include a resolution adopted by the County Commission in a
				regularly scheduled meeting of the County Commission stating the Commission's
				desire for delegation.
(b)
				Execution or approval of a delegation agreement by ADEM does not entitle the
				County to receive STF monies dedicated to county enforcement
				activities.
(c) The delegation
				application shall provide information on how the County Commission will enforce
				the Act and 335-4. ADEM shall provide the information it has to the County
				Commission on all registered receivers, registered sites containing more than
				100 scrap tires, known illegal tires sites, permitted transporters and
				processors. The application shall include:
1.
				A County Scrap Tire Enforcement Plan, which includes:
(i) Number Class One and Class Two Receivers
				in the county.
(ii) Number of scrap
				tire processors in the county.
(iii) Location of known illegal scrap tire
				piles and an estimate of the total number of scrap tire sites in the
				county.
(iv) Estimated personnel to
				conduct the enforcement program, position descriptions of these persons, and
				estimated man-hours committed per year per person.
(v) Estimated annual cost of scrap tire
				enforcement activities.
(vi)
				Procedures to perform the duties listed in
				335-4-9-.02.
(vii) Procedures for tracking and reporting
				scrap tire enforcement activities to ADEM.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-9 - DELEGATION OF COUNTY ENFORCEMENT PROGRAMS › Section 335-4-9-.01 - Delegation Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
A County Commission may request delegation for enforcement of
				  the Act and 335-4.
(a) The application
				for delegation shall include a resolution adopted by the County Commission in a
				regularly scheduled meeting of the County Commission stating the Commission's
				desire for delegation.
(b)
				Execution or approval of a delegation agreement by ADEM does not entitle the
				County to receive STF monies dedicated to county enforcement
				activities.
(c) The delegation
				application shall provide information on how the County Commission will enforce
				the Act and the requirements of 335-4. ADEM shall provide the information to
				the County Commission on all registered receivers, known illegal tires sites,
				permitted transporters and processors. The application shall include:
1. A County Scrap Tire Enforcement Plan,
				which includes:
(i) Number of Class One and
				Class Two Receivers in the county.
(ii) Number of scrap tire processors in the
				county.
(iii) Location of known
				illegal scrap tire piles and an estimate of the total number of scrap tire
				sites in the county.
(iv) Estimated
				personnel to conduct the enforcement program, position descriptions of these
				persons, and estimated man-hours committed per year per person.
(v) Estimated annual cost of scrap tire
				enforcement activities.
(vi)
				Procedures to perform the duties listed in
				335-4-9-.02.
(vii) Procedures for tracking and reporting
				scrap tire enforcement activities to ADEM.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-9 - DELEGATION OF COUNTY ENFORCEMENT PROGRAMS › Section 335-4-9-.02 - Duties

Current through Register Vol. 42, No. 9, June 28, 2024
Enforcement officers of delegated counties shall be accorded
				  the authority to implement the provisions of 335-4 when conducting inspections
				  or reviewing records for compliance with 335-4 and the Act. County enforcement
				  officers shall perform all of the following duties:
(a) Investigate illegal dumping of scrap
				tires.
(b) Investigate reports and
				complaints regarding scrap tires in the county.
(c) Inspect tire dealers, receivers, and
				transporters, to include:
1. Manifests of
				scrap tire shipments.
2.
				Registration of the receiver with ADOR for payment of the Scrap Tire
				Environmental Fee.
3. Scrap tire
				accumulation and storage areas.
4.
				Transporter decals as prescribed by ADEM.
5. Operating record.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-9 - DELEGATION OF COUNTY ENFORCEMENT PROGRAMS › Section 335-4-9-.02 - Duties

Current through Register Vol. 42, No. 9, June 28, 2024
Enforcement officers of delegated counties shall be accorded
				  the authority to implement the provisions of 335-4 when conducting inspections
				  or reviewing records for compliance with the requirements of 335-4 and the Act.
				  County enforcement officers shall perform all of the following duties:
(a) Investigate illegal dumping of scrap
				tires.
(b) Investigate reports and
				complaints regarding scrap tires in the county.
(c) Inspect tire dealers, receivers, and
				transporters, to include:
1. Manifests of
				scrap tire shipments.
2.
				Registration of the receiver with ADOR for payment of the Scrap Tire
				Environmental Fee.
3. Scrap tire
				accumulation and storage areas.
4.
				Transporter decals as prescribed by ADEM.
5. Operating record.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-10 - END-USE MARKET DEVELOPMENT PROGRAM › Section 335-4-10-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These regulations establish the procedures for the
				  disbursement of scrap tire marketing funds for use in developing, implementing,
				  and enhancing the beneficial use of scrap tires.
Author:
Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-10 - END-USE MARKET DEVELOPMENT PROGRAM › Section 335-4-10-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
When used in this chapter, the following terms have the
				  meaning given below:
(a) "Eligibility"
				means the standard or criteria by which an applicant qualifies for grant funds,
				as determined by the Department. These standards shall include, but are not
				limited to, completeness of the grant application, and plans for beneficial use
				of the scrap tires.
(b) "Grant
				Agreement" means the binding agreement between the Department and the
				applicant.
(c) "Grant Application"
				means the initial request form for a grant from the Department.
(d) "Program" means the grant program
				established and administered by the Department under the authority of Code of
				Alabama 1975, §
									22-40A-13 et seq.
Author:
Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-10 - END-USE MARKET DEVELOPMENT PROGRAM › Section 335-4-10-.03 - Grant Application Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Requests for funding shall be submitted
				as described in
				335-4-1-.03 to the Department on
				application forms specified by the Department.
(2) Applications received which have not
				completed their obligations under all previously awarded funds may be denied by
				the Department.
(3) Applications
				which have not met their obligations under the terms of any previous grant
				agreements or accounted for any unused grant funds from a previous grant
				awarded may be denied by the Department.
Author:
Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-10 - END-USE MARKET DEVELOPMENT PROGRAM › Section 335-4-10-.04 - Disbursement of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Partial reimbursement may be provided for
				the cost of processing scrap tire materials in the state of Alabama, which are
				derived from scrap tires originally generated in the state of Alabama,
				including those shown below with a contract for the sale of the product.
				Reimbursement shall not exceed 25% of monies deposited in the Scrap Tire Fund
				during the previous budget year and any accumulated funds in the Scrap Tire
				Fund with the following order of priority and decreasing reimbursement amounts
				for each ton of scrap tire material:
(a)
				Converted to an ultimate product;
(b) Beneficially used, other than as crumb
				rubber;
(c) Converted into chipped
				tire material for beneficial use;
(d) Beneficially used except; processing
				costs related to the creation of an ultimate product if the processing involves
				the use of crumb rubber as a component of the ultimate product; and the person
				processing, previously received partial reimbursement under this section for
				processing costs related to the production of crumb rubber;
(e) Produced for beneficial use;
(f) Processed into tire derived fuel for
				energy recovery or production.
(g)
				Additional partial reimbursement may be provided at a rate set by the
				Department to any person engaged in beneficial use (denoted in (b) and (d)
				above), where scrap tires have been removed from areas underneath
				dirt/soil/water/other materials requiring the scrap tires to be cleaned prior
				to processing including but not limited to remediation of an unauthorized dump
				to encourage utilization of these tire materials and to recover such lands
				where these scrap tires were placed.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-10 - END-USE MARKET DEVELOPMENT PROGRAM › Section 335-4-10-.05 - Grant Recordkeeping

Current through Register Vol. 42, No. 9, June 28, 2024
Each recipient of grant funds shall maintain accurate records
				  of all expenditures associated with the scrap tire beneficial use project
				  funded by grants awarded pursuant to 335-4-10, and shall assure that these
				  records are available for inspection and/or audit upon request by the
				  Department. Records shall be kept for a period of at least five (5) years from
				  the execution of the grant agreement.
Author:
Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-11 - PROCEDURES FOR VARIANCES › Section 335-4-11-.01 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may grant individual variances from the
				  specific provisions in 335-4 based upon the procedures described in
				  335-4-11-.02 through 335-4-11-.04 whenever it is found by the Department, upon
				  presentation of adequate proof, that non-compliance with the requirements of
				  335-4 will not threaten the public health or unreasonably create environmental
				  pollution. Variances per se are not favored by the
				  Department.
Author:
Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-11 - PROCEDURES FOR VARIANCES › Section 335-4-11-.02 - Petition for Variance

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
. Any person may request a variance from
				specific provisions of 335-4 by filing a Petition for Variance with the
				Department at least 120 days prior to the anticipated change and shall receive
				approval from the Department prior to implementation of the proposed
				change.
(2)
Petition
				Requirements
. To enable the Department to rule on the Petition for
				Variance, the following information shall be included in the petition:
(a) A clear and complete statement of the
				precise extent of the relief sought including specific identification of the
				particular provisions of the regulations from which the variance is
				sought;
(b) An assessment, with
				supporting factual information, of the impact that the variance will impose on
				the public health and the environment in the affected area.
(c) Any additional information requested by
				the Department as necessary to evaluate the variance request.
(d) A concise factual statement of the
				reasons the petitioner believes that non-compliance with the particular
				provisions listed in 335-4 will not threaten the public health or unreasonably
				create environmental pollution.
(e)
				Applicable fees in accordance with 335-1.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-11 - PROCEDURES FOR VARIANCES › Section 335-4-11-.03 - Termination of Variance

Current through Register Vol. 42, No. 9, June 28, 2024
Any variance granted by the Department may be terminated by
				  the Department whenever the Department finds, after notice to the facility,
				  that the variance is no longer necessary or the petitioner is in violation of
				  any requirement, condition, schedule, limitation or any other provision of the
				  variance or that operation under the variance does not meet the minimum
				  requirements established by the state and federal laws and regulations or is
				  unreasonably threatening the public health.
Author:
Adam N. Rhodes
Statutory Authority:
Code of
					 Alabama 1975
, §
											22-40A-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - UNIFORM ENVIRONMENTAL COVENANTS PROGRAM › Chapter 335-5-1 - GENERAL › Section 335-5-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These regulations are promulgated to establish minimum
				  requirements governing environmental covenants pursuant to the Alabama Uniform
				  Environmental Covenants Act,
Code of Ala. 1975
,
				  §§
									35-19-1 to
				  35-19-14.
Authors:
James L. Bryant; Lawrence A.
					 Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											35-19-1;
					 35-19-13.