Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-5 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section 335-14-5-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose, scope and applicability.
(a) The purpose of 335-14-5 is to establish
				minimum standards which define the acceptable management of hazardous
				waste.
(b) The standards in
				335-14-5 apply to owners and operators of all facilities which treat, store, or
				dispose of hazardous waste, except as specifically provided otherwise in
				335-14-5 or 335-14-2.
(c)
				[Reserved]
(d) [Reserved]
(e) [Reserved]
(f) [Reserved]
(g) The requirements of 335-14-5 do not apply
				to:
1. The owner or operator of a facility
				permitted by the Department to manage municipal or industrial solid waste, if
				the only hazardous waste the facility treats, stores, or disposes of is
				excluded from regulation under 335-14-5 by
				335-14-3-.01(4);
2. The owner or operator of a facility
				managing recyclable materials described in
				335-14-2-.01(6)(a)2.,
				3. and 4. (except to the extent that requirements of 335-14-5 are referred to
				in 335-14-17 or Rules
				335-14-7-.03,
				335-14-7-.06,
				335-14-7-.07 or
				335-14-7-.08);
3. A generator accumulating waste on-site in
				compliance with
				335-14-3-.01, except as otherwise
				provided in Rule
				335-14-3-.01(4)
				-(7);
4. A farmer disposing of
				waste pesticides from his own use in compliance with
				335-14-3-.07(1);
5. The owner or operator of a totally
				enclosed treatment facility, as defined in
				335-14-1-.02;
6. The owner or operator of an elementary
				neutralization unit or a wastewater treatment unit as defined in
				335-14-1-.02, provided that if
				the owner or operator is treating hazardous ignitable (D001) wastes [other than
				the D001 High TOC Subcategory defined in
				335-14-9-.04(1),
				Table "Treatment Standards for Hazardous Wastes"], or reactive (D003) waste, to
				remove the characteristic before land disposal, the owner/operator must comply
				with the requirements set out in
				335-14-5-.02(8)(b).
7. [Reserved]
8.
(i)
				Except as provided in
				335-14-5-.01(1)(g)8.(ii),
				a person engaged in treatment or containment activities during immediate
				response to any of the following situations:
(I) A discharge of a hazardous
				waste;
(II) An imminent and
				substantial threat of a discharge of hazardous waste;
(III) A discharge of a material which, when
				discharged, becomes a hazardous waste;
(IV) An immediate threat to human health,
				public safety, property, or the environment, from the known or suspected
				presence of military munitions, other explosive material, or an explosive
				device, as determined by an explosive or munitions emergency response
				specialist as defined in
				335-14-1-.02.
(ii) An owner or operator of a facility
				otherwise regulated by Division 335-14 must comply with all applicable
				requirements of Rules
				335-14-5-.03 and
				335-14-5-.04;
(iii) Any person who is covered by
				335-14-5-.01(1)(g)8.(i)
				and who continues or initiates hazardous waste treatment or containment
				activities after the immediate response is over is subject to all applicable
				requirements of 335-14-5 and 335-14-8;
(iv) In the case of an explosives or
				munitions emergency response, if a Federal, State of Alabama, Tribal or local
				official acting within the scope of his or her official responsibilities, or an
				explosives or munitions emergency response specialist, determines that
				immediate removal of the material or waste is necessary to protect human health
				or the environment, that official or specialist may authorize the removal of
				the material or waste by transporters who do not have EPA Identification
				numbers or Alabama Hazardous Waste Transport Permits and without the
				preparation of a manifest. In the case of emergencies involving military
				munitions, the responding military emergency response specialist's
				organizational unit must retain records for three years identifying the dates
				of the response, the responsible persons responding, the type and description
				of material addressed, and its disposition.
9. [Reserved]
10. The addition of sorbent material to waste
				in a container or the addition of waste to sorbent material in a container,
				provided that these activities occur at the time waste is first placed in the
				container, and
				335-14-5-.02(8)(b)
				and 335-14-5-.09(2) and
				(3) are complied with.
11. A generator treating hazardous wastes,
				generated onsite, by evaporation in tanks or containers, provided such
				treatment complies with Rule
				335-14-8-.01(1)(c)2.
				(viii).
12. Universal waste handlers and universal
				waste transporters [as defined in
				335-14-1-.02] handling the wastes
				listed below. These handlers are subject to regulation under 335-14-11, when
				handling the below listed universal wastes:
(i) Batteries as described in
				335-14-11-.01(2);
(ii) Pesticides as described in
				335-14-11-.01(3);
(iii) Mercury-containing equipment as
				described in
				335-14-11-.01(4);
(iv) Lamps as described in
				335-14-11-.01(5);
				and
(v) Aerosol cans as described
				in 335-14-11-.01(6).
13. Reverse distributors accumulating
				potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
				waste pharmaceuticals, as defined in
				335-14-1-.02. Reverse
				distributors are subject to regulation under
				335-14-7-.16 in lieu of 335-14-5
				for the accumulation of potentially creditable hazardous waste pharmaceuticals
				and evaluated hazardous waste pharmaceuticals.
(h) The requirements of 335-14-5 apply to
				owners or operators of all facilities which treat, store, or dispose of
				hazardous waste referred to in 335-14-9.
(i)335-14-7-.13(6)
				identifies when the requirements of
				335-14-5-.01 apply to the storage
				of military munitions classified as solid waste under
				335-14-7-.13(3).
				The treatment and disposal of hazardous waste military munitions are subject to
				the applicable permitting, procedural, and technical standards in 335-14-1
				through 335-14-9.
(j) The
				requirements of
				335-14-5-.02,
				335-14-5-.03,
				335-14-5-.04 and
				335-14-5-.06(12)
				do not apply to remediation waste management sites. (However, some remediation
				waste management sites may be a part of a facility that is subject to a
				traditional RCRA permit because the facility is also treating, storing or
				disposing of hazardous wastes that are not remediation wastes. In these cases,
				335-14-5-.02,
				335-14-5-.03,
				335-14-5-.04 and
				335-14-5-.06(12)
				do apply to the facility subject to the traditional RCRA permit.) Instead of
				the requirements of
				335-14-5-.02,
				335-14-5-.03, and
				335-14-5-.04 owners or operators
				of remediation waste management sites must:
1. Obtain an EPA identification number by
				applying to ADEM using ADEM Form 8700-12;
2. Obtain a detailed chemical and physical
				analysis of a representative sample of the hazardous remediation wastes to be
				managed at the site. At a minimum, the analysis must contain all of the
				information which must be known to treat, store or dispose of the waste
				according to 335-14-5 and 335-14-9, and must be kept accurate and up to
				date;
3. Prevent people who are
				unaware of the danger from entering, and minimize the possibility for
				unauthorized people or livestock to enter onto the active portion of the
				remediation waste management site, unless the owner or operator can demonstrate
				to the Department that:
(i) Physical contact
				with the waste, structures, or equipment within the active portion of the
				remediation waste management site will not injure people or livestock who may
				enter the active portion of the remediation waste management site;
				and
(ii) Disturbance of the waste
				or equipment by people or livestock who enter unto the active portion of the
				remediation waste management site, will not cause a violation of
				335-14-5;
4. Inspect the
				remediation waste management site for malfunctions, deterioration, operator
				errors, and discharges that may be causing, or may lead to, a release of
				hazardous waste constituents to the environment, or a threat to human health.
				The owner or operator must conduct these inspections often enough to identify
				problems in time to correct them before it leads to a human health or
				environmental hazard. Where a hazard is imminent or has already occurred, the
				owner/operator must take remedial action immediately;
5. Provide personnel with classroom or
				on-the-job training on how to perform their duties in a way that ensures the
				remediation waste management site complies with the requirements of 335-14-5,
				and on how to respond effectively to emergencies;
6. Take precautions to prevent accidental
				ignition or reaction of ignitable or reactive waste, and prevent threats to
				human health and the environment from ignitable, reactive and incompatible
				waste;
7. For remediation waste
				management sites subject to regulation under
				335-14-5-.09 through
				335-14-5-.15 and 335-1-5-.24, the
				owner/operator must design, construct, operate, and maintain a unit within a
				100-year floodplain to prevent washout of any hazardous waste by a 100-year
				flood, unless the owner/operator can meet the demonstration of
				335-14-5-.02(9)(b);
8. Not place any non-containerized or bulk
				liquid hazardous waste in any salt dome formation, salt bed formation,
				underground mine or cave;
9.
				Develop and maintain a construction quality assurance program for all surface
				impoundments, waste piles and landfill units that are required to comply with
				335-14-5-.11(2)(c) and
				(d),
				335-14-5-.12(2)(c) and
				(d), and
				335-14-5-.14(2)(c)and
				(d) at the remediation waste management site,
				according to the requirements of
				335-14-5-.02(10);
10. Develop and maintain procedures to
				prevent accidents and a contingency and emergency plan to control accidents
				that occur. These procedures must address proper design, construction,
				maintenance, and operation of remediation waste management units at the site.
				The goal of the plan must be to minimize the possibility of, and the hazards
				from, a fire, explosion, or any unplanned sudden or nonsudden release of
				hazardous waste or hazardous waste constituents to air, soil, or surface water
				that could threaten human health or the environment. The plan must explain
				specifically how to treat, store and dispose of the hazardous remediation waste
				in question, and must be implemented immediately in the event of a fire,
				explosion, or release of hazardous waste or hazardous waste constituents which
				could threaten human health or the environment;
11. Designate at least one employee, either
				on the facility premises or on call (that is, available to respond to an
				emergency by reaching the facility quickly), to coordinate all emergency
				response measures. The emergency coordinator must be thoroughly familiar with
				all aspects of the facility's contingency plan, all operations and activities
				at the facility, the location and characteristics of waste handled, the
				location of all records within the facility, and the facility layout. In
				addition, this person must have the authority to commit the resources needed to
				carry out the contingency plan;
12.
				Develop, maintain and implement a plan to meet the requirements in
				335-14-5-.01(1)(j)2. through
				(j)6. and (j)9. through (j)10.; and
13. Maintain records documenting compliance
				with 335-14-5-.01(1)(j)1. through
				(j)12.