Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-8 - PERMIT PROGRAM › Section 335-14-8-.03 - Permit Conditions - Treatment, Storage And Disposal Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Conditions
				applicable to all permits. The following conditions apply to all permits, and
				shall be incorporated into the permits either expressly or by reference. If
				incorporated by reference, a specific citation to these regulations must be
				given in the permit.
(a) Duty to comply. The
				permittee must comply with all conditions of this permit, except that the
				permittee need not comply with the conditions of this permit to the extent and
				for the duration such noncompliance is authorized in an emergency permit. [See
				335-14-8-.06(1).]
Any permit noncompliance, except under the terms of an
				  emergency permit, constitutes a violation of the AHWMMA and is grounds for
				  enforcement action; for permit termination, revocation and reissuance, or
				  modification; or for denial of a permit renewal application.
(b) Duty to reapply.
1. If the permittee wishes to continue an
				activity regulated by this permit after the expiration date of this permit, the
				permittee must apply for and obtain a new permit.
2. The Permittee must submit an application
				for a new permit for both post-closure and solid waste management unit
				corrective action at least 180 calendar days before the expiration of this
				permit. The Permittee must reapply in order to fulfill the 30-year post-closure
				care period required by
				335-14-5-.07(8)(a)1.
				The Department may shorten or extend the post-closure care period applicable to
				the hazardous waste facility in accordance with
				335-14-5-.07(8)(a)2.
				and 335-14-8-.03(1)(b).
(c) Need to halt or reduce
				activity not a defense. It shall not be a defense for a permittee in an
				enforcement action that it would have been necessary to halt or reduce the
				permitted activity in order to maintain compliance with the conditions of this
				permit.
(d) In the event of
				noncompliance with the permit, the permittee shall take all reasonable steps to
				minimize releases to the environment, and shall carry out such measures as are
				reasonable to prevent significant adverse impacts on human health or the
				environment.
(e) Proper operation
				and maintenance. The permittee shall at all times properly operate and maintain
				all facilities and systems of treatment and control (and related appurtenances)
				which are installed or used by the permittee to achieve compliance with the
				conditions of this permit. Proper operation and maintenance includes effective
				performance, adequate funding, adequate operator staffing and training, and
				adequate laboratory and process controls, including appropriate quality
				assurance procedures. This provision requires the operation of back-up or
				auxiliary facilities or similar systems only when necessary to achieve
				compliance with the conditions of the permit.
(f) Permit actions. This permit may be
				modified, revoked and reissued, or terminated for cause. The filing of a
				request by the permittee for a permit modification, revocation and reissuance,
				or termination, or a notification of planned changes or anticipated
				noncompliance does not stay any permit condition.
(g) Property rights. The permit does not
				convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The
				permittee shall furnish to the Department, within a reasonable time, any
				relevant information which the Department may request to determine whether
				cause exists for modifying, revoking and reissuing, or terminating this permit,
				or to determine compliance with this permit. The permittee shall also furnish
				to the Department, upon request, copies of records required to be kept by this
				permit.
(i) Inspection and entry.
				The permittee shall allow duly designated officers and employees of the
				Department or their authorized representative, upon the presentation of
				credentials and other documents as may be required by law to:
1. Enter at reasonable times upon the
				permittee's premises where a regulated facility or activity is located or
				conducted, or where records must be kept under the conditions of this
				permit;
2. Have access to and copy,
				at reasonable times, any records that must be kept under the conditions of this
				permit;
3. Inspect at reasonable
				times any facilities, equipment (including monitoring and control equipment),
				practices or operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for
				the purposes of assuring permit compliance or as otherwise authorized by the
				AHWMMA, any substances or parameters at any location.
(j) Monitoring and records.
1. Samples and measurements taken for the
				purpose of monitoring shall be representative of the monitored
				activity.
2. The permittee shall
				retain records of all monitoring information, including all calibration and
				maintenance records and all original strip chart recordings for continuous
				monitoring instrumentation, copies of all reports required by this permit, the
				certification required by
				335-14-5-.05(4)(b)9.,
				and records of all data used to complete the application for this permit, for a
				period of at least 3 years from the date of the sample, measurement, report,
				certification, or application. This period may be extended by request of the
				Department at any time. The permittee shall maintain records from all
				groundwater monitoring wells and associated groundwater surface elevations, for
				the active life of the facility, and for disposal facilities for the
				post-closure care period as well.
3. Records for monitoring information shall
				include:
(i) The date, exact place, and times
				of sampling or measurements;
(ii)
				The individual(s) who performed the sampling or measurements;
(iii) The date(s) analyses were
				performed;
(iv) The individual(s)
				who performed the analyses;
(v) The
				analytical techniques or methods used; and
(vi) The results of such analyses.
(k) Signatory
				requirements. All applications, reports, or information submitted to the
				Department shall be signed and certified. (See
				335-14-8-.02(2).)
(l) Reporting requirements.
1. Planned changes. The permittee shall give
				notice to the Department as soon as possible of any planned physical
				alterations or additions to the permitted facility.
2. Anticipated noncompliance. The permittee
				shall give advance notice to the Department of any planned changes in the
				permitted facility or activity which may result in noncompliance with permit
				requirements. For a new facility, the permittee may not treat, store, or
				dispose of hazardous wastes; and for a facility being modified, the permittee
				may not treat, store, or dispose of hazardous waste in the modified portion of
				the facility, until:
(i) The permittee has
				submitted to the Department by certified mail or hand delivery a letter signed
				by the permittee and a registered professional engineer stating that the
				facility has been constructed or modified in compliance with the permit;
				and
(ii)
(I) The Department has inspected the modified
				or newly constructed facility and finds it is in compliance with the conditions
				of the permit; or
(II) Within 15
				days of the date of submission of the letter in
				335-14-8-.03(1)(l)2.(i),
				the permittee has not received notice from the Department of its intent to
				inspect, prior inspection is waived and the permittee may commence treatment,
				storage, or disposal of hazardous waste.
3. Transfers. This permit is not transferable
				to any person except after notice to the Department. The Department may require
				modification or revocation and reissuance of the permit to change the name of
				the permittee and incorporate such other requirements as may be necessary under
				the AHWMMA. (See
				335-14-8-.04(1).)
4. Monitoring reports. Monitoring results
				shall be reported at the intervals specified elsewhere in this
				permit.
5. Compliance schedules.
				Reports of compliance or noncompliance with, or any progress reports on,
				interim and final requirements contained in any compliance schedule of this
				permit shall be submitted no later than 14 days following each schedule
				date.
6. Twenty-four hour
				reporting.
(i) The permittee shall report any
				noncompliance which may endanger human health or the environment orally within
				24 hours from the time the permittee becomes aware of the circumstances,
				including:
(I) Information concerning release
				of any hazardous waste that may cause an endangerment to public drinking water
				supplies.
(II) Any information of a
				release or discharge of hazardous waste or of a fire or explosion from the HWM
				facility. which could threaten the environment or human health outside the
				facility.
(ii) The
				description of the occurrence and its cause shall include:
(I) Name, address, and telephone number of
				the owner or operator;
(II) Name,
				address, and telephone number of the facility;
(III) Date, time, and type of
				incident;
(IV) Name and quantity of
				material(s) involved;
(V) The
				extent of injuries, if any;
(VI) An
				assessment of actual or potential hazards to the environment and human health
				outside the facility, where this is applicable; and
(VII) Estimated quantity and disposition of
				recovered material that resulted from the incident.
(iii) A written submission shall also be
				provided within 5 days of the time the permittee becomes aware of the
				circumstances. The written submission shall contain a description of the
				noncompliance and its cause; the period of noncompliance including exact dates
				and times, and if the noncompliance has not been corrected, the anticipated
				time it is expected to continue; and steps taken or planned to reduce,
				eliminate and prevent reoccurrence of the noncompliance. The Department may
				waive the five day written notice requirement in favor of a written report
				within fifteen days.
7.
				Manifest discrepancy report: If a significant discrepancy in a manifest is
				discovered, the permittee must attempt to reconcile the discrepancy. If not
				resolved within fifteen days, the permittee must submit a letter report,
				including a copy of the manifest, to the Department. [See
				335-14-5-.05(3).]
8. Unmanifested waste report: This report
				must be submitted to the Department within 15 days of receipt of unmanifested
				waste. [See
				335-14-5-.05(7).]
9. Biennial report: A biennial report must be
				submitted covering facility activities during odd numbered calendar years. [See
				335-14-5-.05(6).]
10. Other noncompliance. The permittee shall
				report all instances of noncompliance not reported under
				335-14-8-.03 (l(I))4., (l)5. and
				(l)6., at the time monitoring reports are submitted. The reports shall contain
				the information listed in
				335-14-8-.03(l)(I)6.
11. Other information. Where the
				permittee becomes aware that it failed to submit any relevant facts in a permit
				application, or submitted incorrect information in a permit application or in
				any report to the Department, it shall promptly submit such facts or
				information.
(m)
				Information repository. The Department may require the permittee to establish
				and maintain an information repository at any time, based on the factors set
				forth in 335-14-8-.08(1)(c)2.
				The information repository will be governed by the provisions in
				335-14-8-.08(1)(c)3.
				through 6.