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-.02 - Permit Application - Treatment, Storage And Disposal Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General application requirements
.
(a) Permit application. Any person who is
				required to have a permit (including new applicants and permittees with
				expiring permits) shall complete, sign, and submit an application to the
				Department as described in
				335-14-8-.02(1)
				and 335-14-8-.07(1) through
				(4). Persons currently authorized with
				interim status shall apply for permits when required by the Department.
				Procedures for applications, issuance and administration of emergency permits
				are found exclusively in
				335-14-8-.06(1).
				Procedures for application, issuance and administration of research,
				development, and demonstration permits are found exclusively in
				335-14-8-.06(4).
(b) Who applies? When a facility or activity
				is owned by one person but is operated by another person, it is the operator's
				duty to obtain a permit, except that the owner must also sign the permit
				application.
(c) Completeness. The
				Department shall not issue a permit before receiving a complete application for
				a permit except for emergency permits. An application for a permit is complete
				when the Department receives an application form and any supplemental
				information which are completed to its satisfaction. An application for a
				permit is complete notwithstanding the failure of the owner or operator to
				submit the exposure information described in
				335-14-8-.02(1)(j).
				The Department may deny a permit for the active life of a hazardous waste
				management facility or unit before receiving a complete application for a
				permit.
(d) Information
				requirements. All permit applicants shall provide the information set forth in
				335-14-8-.02(4)
				and the applicable provisions in
				335-14-8-.02(5) through
				(19).
(e) Existing HWM facilities and interim
				status qualifications.
1. Owners and
				operators of existing hazardous waste management facilities or of hazardous
				waste management facilities in existence on the effective date of statutory or
				regulatory amendments under the AHWMMA that render the facility subject to the
				requirement to have an AHWMMA Permit must submit Part A of their permit
				application not later than:
(i) Six months
				after the date of publication of regulations which first require them to comply
				with the standards set forth in Chapters 335-14-5 or 335-14-6; or
(ii) Thirty days after the date they first
				become subject to the standards set forth in 335-14-5 or 335-14-6, whichever
				first occurs.
(iii) For generators
				generating greater than 100 kilograms but less than 1000 kilograms of hazardous
				waste in a calendar month and treats, stores, or disposes of these wastes
				on-site, by March 24, 1987.
2. At any time the owner and operator of an
				existing HWM facility may be required to submit Part B of their permit
				application. Any owner or operator will be allowed 180 days from the date of
				request to submit Part B of the permit application. Any owner or operator of an
				existing HWM facility may submit Part B of the permit application at any
				time.
3. Failure to submit a
				complete Part B permit application within 180 days after a request from the
				Department is grounds for termination of the facility's Interim
				Status.
(f) New HWM
				facilities.
1. Except as provided in
				335-14-8-.02(1)(f)3.,
				no person shall begin physical construction of a new HWM facility without
				having submitted Part A and Part B of the permit application and having
				received a finally effective AHWMMA permit.
2. An application for a permit for a new HWM
				facility may be filed any time after the promulgation of those standards in
				335-14-5 applicable to such facility.
3. Notwithstanding
				335-14-8-.02(1)(f)1.,
				a person may construct a facility for the incineration of polychlorinated
				biphenyls pursuant to an approval issued by the EPA Regional Administrator
				under Section (6)(e) of the Toxic Substances Control Act and any person owning
				or operating such a facility may, at any time after construction or operation
				of such facility has begun, file an application for a AHWMMA permit to
				incinerate hazardous waste authorizing such facility to incinerate waste
				identified or listed under Subtitle C of RCRA.
(g) Updating permit applications.
1. If any owner or operator of a HWM facility
				has filed Part A of a permit application and has not yet filed Part B, the
				owner or operator shall file an amended Part A application:
(i) No later than the effective date of
				changes to 335-14-2 listing or identifying additional wastes as hazardous if
				the facility is treating, storing, or disposing of the wastes newly listed or
				identified; or
(ii) As necessary to
				comply with
				335-14-8-.07(3)
				for changes during interim status.
2. The owner or operator of a facility who
				fails to comply with the updating requirements of
				335-14-8-.02(1)(g)1.
				does not receive an Interim Status Permit as to the wastes not covered by duly
				filed Part A applications.
(h) Reapplications. Any HWM facility with an
				effective permit shall submit a new application at least 180 days before the
				expiration date of the effective permit, unless permission for a later date has
				been granted by the Department; but in no case shall the Department grant
				permission for the application to be submitted later than the expiration date
				of the existing permit.
(i)
				Recordkeeping. Applicants shall keep records of all data used to complete
				applications and any supplemental information submitted under
				335-14-8-.02(1)(d)
				and 335-14-8-.02(4) through
				(12) for a period of at least 3 years from
				the date the application is signed.
(j) Exposure Information.
1. After August 8, 1985, any Part B permit
				application submitted by an owner or operator of a facility that stores,
				treats, or disposes of hazardous waste in a surface impoundment or a landfill
				must be accompanied by information, reasonably ascertainable by the owner or
				operator, on the potential for the public to be exposed to hazardous wastes or
				hazardous constituents through releases related to the unit. At a minimum, such
				information must address:
(1) Reasonably
				foreseeable potential releases from both normal operations and accidents at the
				unit, including releases associated with transportation to or from the unit;
(ii) The potential pathways of human exposure
				to hazardous wastes or constituents resulting from the releases described under
				335-14-8-.02(1)(j)1.(i);
				and
(iii) The potential magnitude
				and nature of the human exposure resulting from such releases.
2. By August 8, 1985,
				owners and operators of a landfill or a surface impoundment who have already
				submitted a Part B application must submit the exposure information required in
				335-14-8-.02(1)(j)1.
(k) The Department may
				require a permittee or an applicant to submit information in order to establish
				permit conditions under
				335-14-8-.03(3)(b)2.
				and 335-14-8-.05(1)(d).