reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-8 - PROCEDURES FOR VARIANCES › Section 335-13-8-.03 - Extension Of Prior Or Existing Variance

Current through Register Vol. 42, No. 9, June 28, 2024
A petition to extend a prior or existing variance granted by
				  the Department shall be commenced by filing a Petition for Variance with the
				  Department in accordance with the requirements of
				  335-13-8-.02
(1) For petitions to extend an existing
				variance, the information required by
				335-13-8-.02 that was included in
				the prior Petition for Variance for which extension is sought, shall be
				submitted, along with any additional information as necessary to update the
				existing Petition for Variance.
(2)
				A petition to extend a prior or existing variance shall be a new petition for
				Variance before the Department and shall be subject to all of the requirements
				of this Division except as provided in
				335-13-8-.03(1).
Authors:
Russell A. Kelly, Heather M.
					 Jones
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 335-13-8 - PROCEDURES FOR VARIANCES › Section 335-13-8-.04 - Department Action On Petitions For Variance. (REPEALED)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 335-13-8 - PROCEDURES FOR VARIANCES › Section 335-13-8-.05 - 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 and opportunity for
				  hearing, that 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 state
				  and federal laws and regulations or is unreasonably threatening the public
				  health.
Author:
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 335-13-8 - PROCEDURES FOR VARIANCES › Section 335-13-8-.12 - Public Notice

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Notice Requirements
.
(a) The Department shall provide notice and
				an opportunity for a public hearing on Petition for Variance from a specific
				provision of this Division.
(b) The
				following procedures shall be observed:
1. The
				Department shall send a copy of the notice to persons on a mailing list
				developed by:
(i) Including those who request
				in writing to be on the list;
(ii)
				Notifying the public of the opportunity to be put on the mailing list through
				the Department's website, periodic publication in the public press and in such
				publications as regional and state funded newsletters, environmental bulletins,
				or state law journals (the Director may update the mailing list from time to
				time by requesting written indication of continued interest from those listed
				and may delete from the list the name of any person who fails to respond to
				such a request);
2. The
				Department shall notify interested and potentially interested persons of the
				Petition for Variance by posting a notice to the Department's website. The
				Petition for Variance shall be posted on the website for the duration of the
				public comment period.
3. The
				notice shall be given not less than 35 days prior to the proposed approval of
				the petition.
4. The notice shall
				contain the specific type and nature of the petition, the owner or operator
				requesting the petition, and the descriptive location of the subject facility
				or unit, address and telephone number of the Department, and how the public may
				submit comments and request a public hearing on the proposed
				petition.
5. The Department shall
				send by certified mail, a written copy of the public notice to landowners
				adjacent to the subject facility at the address as indicated on county tax
				records and provided by the applicant as part of the Petition for Variance. The
				list and addresses of adjacent land owners, as provided in the Petition for
				Variance, shall be verified and/or updated by the applicant and such
				documentation shall be provided to the Department within 90 days prior to the
				public notice date. Documentation that notice was sent shall include copies of
				the signed receipts of certified mail delivery or a copy of any returned
				certified mail item, that is refused or otherwise undeliverable.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-8 - PROCEDURES FOR VARIANCES › Section 335-13-8-.13 - Public Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Authorization
. The Department shall authorize a public
				hearing at its discretion, or upon receipt of significant number of technical
				requests as provided in
				335-13-8-.13(2).
(2)
Procedures
.
(a) Requests for public hearings shall be
				submitted in writing to the Department.
1.
				Frivolous or nontechnical requests shall be denied by the Department.
2. Requests for public hearings must be
				submitted within 35 days after the publication of the public notice and must
				contain the following:
(i) The name, address
				and telephone number of the person requesting the hearing.
(ii) A brief statement of the person's
				interest and the information the person wishes to submit.
(iii) The person's signature, if an
				individual, or the signature of a responsible officer of an organization or
				legal entity.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-9 - STATE SOLID WASTE MANAGEMENT PLAN › Section 335-13-9-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to the provisions of
Code of Ala.
				  1975
, §§
									22-27-40 to 22-47-49, the
				  Department is required to develop a comprehensive plan for managing solid waste
				  in the state. Local authorities must develop solid waste management plans for
				  their respective areas.
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-8(d);
					 22-27-40
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-9 - STATE SOLID WASTE MANAGEMENT PLAN › Section 335-13-9-.02 - State Solid Waste Management Plan

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to
Code of Ala. 1975
,
				  §
									22-27-45(4), the
				  Alabama Solid Waste Management Plan, dated May 2008, and included in Appendix A
				  of these regulations, is hereby adopted to the extent allowed by
				  law.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-8(d);
					 22-27-40
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-9 - STATE SOLID WASTE MANAGEMENT PLAN › Section 335-13-9-.03 - Reserved (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-8(d);
					 22-27-40
et
seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-9 - STATE SOLID WASTE MANAGEMENT PLAN › Section 335-13-9-.04 - Updating and Modifying the State Solid Waste Management Plan

Current through Register Vol. 42, No. 9, June 28, 2024
The state solid waste management plan shall be subject to
				  amendment and periodic revision.
(1)
				Each revision of the state solid waste management plan should address those
				items identified in
Code of Ala. 1975
, §
									22-27-45(4) c.
				that the Department has statutory authority, at the time of revision, to
				control or regulate.
(2) The state
				solid waste management plan may be amended at any time as deemed necessary by
				the Director.
Authors:
James L. Bryant, Phillip D.
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-8(d);
					 22-27-40
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-9 - STATE SOLID WASTE MANAGEMENT PLAN › Section 335-13-9-.05 - Regional Planning and Development Needs Assessments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each regional planning and development
				commission or council in the state shall prepare and adopt a regional needs
				assessment evaluating solid waste management needs in their respective regions
				as required by
Code of Ala. 1975
, §§
									22-27-46. The regional needs
				assessment shall be prepared each year and submitted to the Department and to
				local governments in their region.
(2) The regional needs assessment shall
				include, at a minimum, the following:
(a) An
				evaluation of the amount of solid waste generated within the region and the
				amount of remaining design disposal capacity, expressed in years, at each solid
				waste disposal facility within the region.
(b) An evaluation of the needs of all
				localities within the region as to the adequacy or inadequacy of solid waste
				collection, transportation and disposal within those localities.
(c) A projection of the expected population
				and business growth in the region, including specific estimates of the types of
				businesses which may be entering and leaving the region and the resulting
				impact these changes will likely have on waste volumes generated in the
				region.
(d) An evaluation of the
				environmental, economic and other relevant factors which would be implicated by
				acceptance of solid waste from beyond the boundaries of the region.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-9 - STATE SOLID WASTE MANAGEMENT PLAN › Section 335-13-9-.06 - Local Solid Waste Management Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The governing body of a county or
				municipality has a responsibility for and the authority to assure the proper
				management of solid wastes generated within its jurisdiction in accordance with
				its solid waste management plan. Local solid waste management plans shall be
				developed pursuant to the guidance stated in
Code of Ala.
				1975
, §
									22-27-47(b).
(2) Local solid waste management plans shall
				be revised and submitted to the Department in accordance with
Code
				of Ala. 1975
, §
									22-27-47. The governing body of
				the county or municipality with responsibility for its solid waste management
				plan shall consider the information provided in the annual regional needs
				assessment prepared in accordance with
				335-13-9-.05 when revising its
				solid waste management plan. The first revised plan shall be submitted to the
				Department not later than September 30, 2004. After the first revision date,
				local plans shall be revised and submitted in accordance with
Code
				of Ala. 1975
, §
									22-27-47(i).
Author:
James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-8(d);
					 22-27-40
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This regulation is to establish the procedures for the
				  disbursement of recycling grants to local governments, authorities, and
				  nonprofit organizations for use in developing, implementing, and enhancing
				  local recycling, reuse and waste minimization projects and
				  programs.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-12,
					 22-27-17.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.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) "Advance
				funds" means monies approved for known costs to the applicant before the
				semi-annual report is due.
(b)
				"Authority" means any quasi-governmental agency, board, or authority created by
				agreement on behalf of one local government or between two or more local
				governments for solid waste management or recycling purposes.
(c) "Eligibility" means the standard or
				criteria by which a local government or applicant qualifies for grant funds, as
				determined by the Department. These standards shall include, but are not
				limited to, completeness of the grant application, plans for recycling, reuse
				and waste minimization projects, current status of recycling and waste
				minimization efforts underway within the applicant's jurisdiction, and
				consistency with local solid waste management planning.
(d) "Grant agreement" means the binding
				contract between the Department and the applicant.
(e) "Grant application" means the initial
				request form for a grant from the Department.
(f) "Grant period" means twelve months from
				the time the grant agreement is properly executed by all parties.
(g) "Local government" means any
				municipality, county, district or authority or any agency thereof which has
				responsibility for and the authority to assure the proper management of solid
				waste within its jurisdiction, including but not limited to, its collection,
				disposal, treatment or recycling.
(h) "Nonprofit organization" means a
				corporation or association where no part of the income or profit of which is
				distributable to its members, directors or officers, and is operated pursuant
				to the requirements of Code of Alabama, 1975, §§
									10-3A-1 to
				10-3A-225.
(I) "Official" or "officer" means either the
				principal executive officer or ranking elected official of a governmental body,
				authority, or non-profit organization.
(j) "Program" means the grant program
				established and administered by the Department under the authority of Code of
				Alabama, 1975, §
									22-27-17.
(k) "Temporary operating subsidy" means the
				use of grant funds for operational expenses of a solid waste reduction program
				or a recycling program, including personnel costs, training costs, rental of
				facilities, and other similar expenses approved by the Department.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-12,
					 22-27-17.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.03 - Grant Application Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Requests for funding shall be submitted
				to the Department on application forms specified by the Department.
(2) Applications for grants from the Program
				must be submitted to the Department no later than March 1 of each year to be
				considered for funding from that fiscal year's Fund allocation.
(3) Applications received from local
				governments, authorities, or nonprofit organizations which have not completed
				their obligations under all previously awarded funds may be denied by the
				Department.
(4) Applications from
				local governments, authorities, or nonprofit organizations 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 under this rule during
				the previous 3 6 months shall be denied by the Department.
(5) All recycling projects included in an
				application must be consistent with the description of current or planned
				recycling programs included in the approved local solid waste management plan
				of the appropriate local jurisdiction. Jurisdictions without an approved local
				solid waste management plan or without language in an approved plan consistent
				with the grant application may be awarded conditional approval of the grant
				application pending the Department's approval of a modification to an existing
				plan or the approval of a new plan for the jurisdiction.
(a) Where proposed recycling projects would
				not be consistent with the approved local plan, the application shall include
				measures to revise the local plan, as necessary. Such revisions must be
				completed prior to the Department's approval of disbursement of grant funds for
				the proposed recycling projects.
1. The costs
				associated with the revisions of local solid waste management plans as required
				by subparagraph (a) are eligible for inclusion in an application for grant
				funds.
2. Only grant funds
				associated with the costs of amending the local solid waste management plan may
				be disbursed prior to departmental approval of the revised local solid waste
				management plan. The balance of grant funds in the award shall be disbursed in
				accordance with Rule
				335-13-10-.04 following final
				departmental approval of the revised local plan.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.04 - Disbursement Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon review
				and approval of the application, the Department shall determine the exact
				amount of the grant award and prepare a grant agreement.
(2) The grant agreement will be forwarded to
				the applicant to be signed by a local government official, authority official
				or officer of the nonprofit organization.
(3) The applicant may request advance funds
				through the application process; however, known needs must be documented before
				advance funds can be approved. Following approval by the Department, the
				advance funds will be forwarded to the applicant.
(4) Any local government, authority, or
				non-profit organization receiving grant funds will be reimbursed for actual
				expenses incurred from the implementation of the approved project or program.
				Each semi-annual report shall report on the status of the recycling project or
				program to be funded by the grant, and shall include information necessary for
				review by the Department for reimbursement of actual costs. Each report must be
				submitted fifteen (15) days from the end of the previous semester. Semesters
				shall run October 1st through March 31st, and April 1st through September 30th
				of each year.
(5) The Director, or
				his designee, may terminate a grant award in whole or in part and demand refund
				of grant funds when there is substantial non-compliance with the terms of the
				award or these rules, a determination made by the Department that the grant was
				obtained by fraudulent means, found that grant monies have been used for
				non-allowable costs, or a determination made by the Department that gross abuse
				or corrupt practices have been used in the administration of the grant project
				by the recipient.
(a) The Director, or his
				designee, shall give written notice to the recipient (via certified mail,
				return receipt requested) of its intent to terminate a Fund grant, in whole or
				in part, at least 30 days prior to the intended date of termination.
(b) The Director, or his designee, shall
				afford the grant recipient an opportunity for consultation prior to any
				termination. After such opportunity for consultation, the Department may, in
				writing (via certified mail, return receipt requested), terminate the Fund
				grant in whole or in part.
(c) In
				event of such termination, the local government, authority, or non-profit
				organization shall be ineligible to make application for further participation
				in the grant program until the grantee complies with the terms of the grant
				award or these rules.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.05 - Grant Recordkeeping

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each
				recipient of grant funds shall maintain accurate records of all expenditures
				associated with the recycling project funded by grants awarded pursuant to this
				Chapter, 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 years from the execution of the grant agreement.
(2) Recordkeeping information as required by
				the Department shall be listed in the grant agreement and shall be included
				with each semi-annual report submitted by the recipient. Such requirements
				established by the Department shall not be inconsistent with accounting and
				record-keeping methods such entities may be required to follow by the Alabama
				Department of Examiners of Public Accounts.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-12,
					 22-27-17.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.06 - Specific Recycling Grant Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Upon receipt and approval of the grant
				application, the Department will determine the amount of the grant award and
				prepare the grant agreement. Payment of grant awards will be contingent upon
				receipt and approval of the grant agreement.
(2) All local governments that choose to
				apply jointly shall enter into a binding agreement that designates a lead
				applicant and describes how the funds will be disbursed and used. Any agency or
				authority created by regional agreement for solid waste management or recycling
				purposes is eligible to apply for grants. The applicant shall submit all
				required documents on behalf of the local governments which are party to the
				agreement. Such applications and submittals shall be equivalent to those
				required if each local government were applying individually.
(3) Applicants shall provide the Department
				with information on any previous state or federal grants received for the
				purpose of solid waste management or recycling received by the jurisdiction
				during the previous 36 months. This information shall include the grant amount
				and the grant period, and other information or data as set forth in the
				application forms.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-12,
					 22-27-17.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-10 - ALABAMA RECYCLING FUND GRANTS PROGRAM › Section 335-13-10-.07 - Eligibility Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
				order to be considered for a grant award under the Program, all applications
				shall include the following information for the area to be serviced under the
				terms of the requested grant:
(a) A
				description of the recycling or waste reduction/minimization project for which
				grant funds are requested, including any business or accounting plans for such
				projects;
(b) An estimate of the
				quantity, source and type of materials to be collected and recycled under the
				proposed project or program, including an explanation of the methods used to
				estimate this quantity. The quantity shall include the volume of any
				out-of-state waste coming into the service area, but records of out-of-state
				waste volume shall be shown as a separate item on each semi-annual
				report;
(c) A description of all
				existing or proposed recycling facilities, collection centers or other related
				service centers located within the jurisdiction or jurisdictions covered by the
				proposed project or program. If the application is for a multi-jurisdictional
				or regional program, a listing of recycling facilities and services operating
				within the boundaries of the responsible regional planning and development
				commission, including ownership, capacity, type of facility and service area of
				such facilities shall also be included;
(d) A statement that the grant is needed to
				achieve or surpass both the recycling or waste reduction/minimization efforts
				set forth in the approved local solid waste management plan and the purpose and
				goals of the Solid Wastes and Recyclable Materials Management Act of 2008. This
				statement shall include an explanation of how any existing private and public
				sector recycling programs and efforts will be incorporated into the proposed
				recycling project or program;
(e) A
				summary of all costs incurred, or to be incurred, in planning and implementing
				the recycling and waste reduction/minimization projects or programs;
(f) A copy of any regional agreement into
				which local governments have entered or will enter to accomplish the purposes
				of this rule;
(g) Any written
				contracts, written bids or written agreements which were entered into to
				develop and implement the proposed project or program;
(h) The description of objectives that will
				be utilized to evaluate any education or public outreach component of the
				proposed project or program, and an explanation of how the educational
				component will directly promote the use of existing or planned local recycling
				or waste reduction/minimization projects; and,
(i) A description of the methods to be used
				in evaluating the success of the recycling project or program. Progress reports
				and methods used to measure the progress shall be included in the semi-annual
				reports.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-11 - SOLID WASTE FUND SITE REMEDIATION › Section 335-13-11-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this chapter is to establish the procedures
				  for the disbursement of monies from the Solid Waste Fund for use in assessing,
				  investigating, conducting necessary remediation, and achieving closure of
				  unauthorized solid waste dumps.
Authors:
Phillip D. Davis, Brent A.
					 Watson
Statutory Authority:
Code of Ala. 1975,
					 §§
											22-27-7,
					 22-27-10,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-11 - SOLID WASTE FUND SITE REMEDIATION › Section 335-13-11-.02 - Solid Waste Fund

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For
				the purposes of remediation conducted under the authority of this chapter, an
				innocent landowner shall mean an owner of real property upon which there is
				located an unauthorized dump and who meets all of the following conditions:
(a) The solid waste was disposed of on the
				property after the owner acquired title to the property or the waste was
				disposed of before the owner acquired title to the property and the owner
				lacked actual knowledge of the waste after conducting reasonable due diligence
				or title was acquired by bequest or devise.
(b) The owner did not have knowledge that the
				waste was being disposed of on the property or the owner took steps, including,
				but not limited to, posting signs to prevent disposal on the
				property.
(c) The owner did not
				participate in or consent to the disposal of solid waste on the
				property.
(d) The owner did not
				receive any financial benefit from the disposal of solid waste on the
				property.
(e) Title to the property
				was not transferred to the owner for the purpose of evading liability for
				operating an unauthorized dump.
(f)
				The person or persons responsible for disposing of the solid waste on the
				property, in doing so, was not acting as an agent for the owner.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-11 - SOLID WASTE FUND SITE REMEDIATION › Section 335-13-11-.04 - Site Ranking System

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A
				site ranking system shall be used to determine priority for remediating
				existing unauthorized dumpsites utilizing Solid Waste Fund monies.
				Higher-ranking sites will be remediated before lower ranking sites, unless it
				is determined by the Department that sites in close proximity may be bid
				together in an effort to more efficiently utilize Solid Waste Fund resources.
				Sites shall be ranked utilizing the factors set out below:
(a) The presence of human or animal
				infections or diseases as reported by the State Health Department or the
				Centers for Disease Control and Prevention, including, but not limited to, West
				Nile Virus, Eastern Equine Encephalitis, and other infections or diseases as
				determined in conjunction with the Health Department or the CDC.
(b) The estimated amount of solid waste in
				the unauthorized dump.
(c) The
				proximity of an unauthorized dumpsite to:
1.
				Schools, hospitals, nursing homes, assisted living and other health care
				facilities.
2. Churches,
				businesses, residential areas, recreational areas and other populated
				structures or areas.
3. Public
				water supply systems or sources, or coastal area beaches and dunes.
4. Gas pipelines, electrical power lines,
				phone lines, and cable lines.
5.
				Roadways, railroads, and other transportation resources.
6. Private drinking water wells.
(d) Fire hazard due to the lack of
				availability of adequate fire protective equipment or services, or to
				inadequate access control.
(e) The
				presence or suspected presence of special wastes, such as medical or infectious
				wastes and industrial waste, or the presence of hazardous waste as defined by
				division 335-14.
(f) The location
				of the site in an area of minority and/or low-income populations pursuant to
Executive Order 12898, "Federal Actions to Address Environmental
				Justice in Minority Populations and Low-Income Populations."
(g) The known or potential for adverse
				impacts to surface water or groundwater water quality due to the location of
				the unauthorized dump.
(h) Other
				factors as determined relevant by the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-12 - LANDFILL OPERATOR CERTIFICATION REQUIREMENTS › Section 335-13-12-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The training
				and certification requirements of this rule apply to persons involved in the
				operation of a Public Solid Waste Management Facility as defined by
Code of Ala. 1975
, §
									22-27-2, and rule
				335-13-1-.03.
(2) Any person designated by the public solid
				waste facility as the person having direct supervision over and responsibility
				for the daily operation of the landfill must apply for and obtain operator
				certification under the conditions contained in these regulations by no later
				than April 15, 2010.
(3) By no
				later than April 15, 2010, all public solid waste management facilities in the
				State are required to have at least one certified operator on-site during hours
				of operation. However, a certified operator is not required to be on-site
				during the post-closure care period.
Authors:
S. Scott Story, Phillip D.
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-9,
					 22-27-12(7).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-12 - LANDFILL OPERATOR CERTIFICATION REQUIREMENTS › Section 335-13-12-.03 - Reciprocity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Certification
				may be issued by the Department to a person who holds a current valid
				certificate from another state provided that:
(a) The state of certification has entered
				into a reciprocity agreement with the Department, and;
(b) The applicant has completed the training
				course developed by the Department in accordance with rule
				335-13-12-.02(1).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-12 - LANDFILL OPERATOR CERTIFICATION REQUIREMENTS › Section 335-13-12-.04 - Revocation Of Certificate

Current through Register Vol. 42, No. 9, June 28, 2024
Following a hearing before the Director or his designated
				  representative, the Director may revoke or suspend a certificate if it is found
				  that the operator:
(a) Has practiced
				fraud or deception in obtaining the certificate or in the performance of his
				duties as an operator;
(b) Has not
				used reasonable care, judgment, or the application of his knowledge or ability
				in the performance of his duties;
(c) Is incompetent or unable to perform his
				duties as an operator;
(d) Has
				knowingly submitted incorrect or falsified operational data or
				information;
(e) Has consistently
				failed to submit operational data as required by the department; or
(f) Has violated the requirements of this
				chapter.
Authors:
S. Scott Story, Phillip D.
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-9,
					 22-27-12(7).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-13 - STATEWIDE SOLID WASTE REDUCTION GOAL › Section 335-13-13-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter establishes a statewide solid waste reduction
				  goal and the data requirements necessary to monitor the status of progress
				  toward achieving said goal. Further, this Chapter establishes the schedule for
				  routine evaluation of the goal and the need to revise it as
				  appropriate.
Author:
Phillip D. Davis
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 335-13-13 - STATEWIDE SOLID WASTE REDUCTION GOAL › Section 335-13-13-.02 - Statewide Solid Waste Reduction Goal

Current through Register Vol. 42, No. 9, June 28, 2024
There is hereby established a statewide solid waste reduction
				  goal of 25%. Attainment of this goal (G) shall be determined on an annual
				  percentage basis by use of the following formula:
G = (R/(R + W)) x 100
where the amount of annual waste reduction (R) shall be
				  calculated by aggregating all reported quantities of recovered materials in
				  tons processed for recycling or beneficial reuse, and the total annual
				  statewide solid waste generation (W) shall be determined in tons by data
				  reported to the Department in accordance with
				  335-13-4-.22(2)(g)
				  or 335-13-4-.23(2)(f)
				  less any reported out of state waste accepted for disposal.
(a) By April 15, 2011 the Department shall
				calculate the statewide solid waste reduction percentage for the baseline
				calendar year of 2010. Annually, thereafter, the Department shall replicate
				this calculation for the previous calendar year.
(b) The calculated annual statewide solid
				waste reduction percentage shall be posted on the departmental internet
				website.
(c) The Department shall
				evaluate the percentage goal established in this rule on a triennial basis and,
				if warranted, shall revise the goal in order to promote increased recycling and
				beneficial reuse within the State.
(d) Any public or private entity involved in
				solid waste management within the State shall undertake measures to support the
				attainment of the statewide solid waste reduction goal, including but not
				limited to implementation of waste reduction and recycling programs through the
				approved local solid waste management plan, and the recordkeeping and reporting
				of the amounts of recycled or beneficially reused materials, as required under
				the State Solid Waste Management Plan established in ADEM Administrative Code
				335-13-9.
Author:
Phillip D. Davis
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 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of these regulations is to establish procedures
				  to encourage and regulate the production and use of compost made from solid
				  waste within the State of Alabama.
Authors:
Phillip D. Davis, S. Scott Story,
					 Jonathan E. Crosby
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.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:
(1) "Compost"
				means the humus-like end product produced by the composting of putrescible
				solid wastes.
(2) "Composting
				Facility" means the physical site or operation location where the composting of
				putrescible solid waste from residential, commercial, or industrial property
				for revenue or non-revenue generating use occurs.
(3) "Composting Pad" means the surface,
				whether soil or manufactured, where the process of composting takes place, and
				where raw and finished materials are stored.
(4) "Feedstock" means biologically
				decomposable organic material used for the production of compost.
(5) "Humus" means a dark or black carbon-rich
				relatively stable residue resulting from the decomposition of organic matter
				that retains nutrients and slowly releases nutrients to plants and increases
				the ability of the soil to retain water.
(6) "On-site composting" means the composting
				of materials including solid waste generated at a residential, commercial, or
				industrial property by the
owner or tenant.
Authors:
Phillip D. Davis, S. Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
				requirements shall be for operating and maintaining an acceptable "Composting
				facility" as defined by rule
				335-13-14-.02.
(2) No person may receive, store or process
				solid waste for composting or operate a composting facility without being
				properly permitted by the Department, except as described by rule
				335-13-14-.03(3).
				ADEM Admin. Code 335-13-5 outlines the procedures for obtaining a permit for
				new and existing composting facilities. Any person who operates a composting
				facility, without having applied for and been issued a permit from the
				Department shall be considered to be operating an unpermitted solid waste
				facility and shall be subject to enforcement action in accordance with this
				Division.
(3) Exceptions
(a) Composting of agricultural waste as
				defined and regulated by rule
				335-6-7-.02.
(b) On-site composting as defined by rule
				335-13-14-.02. However, if any
				on-site compost is used for revenue generation, then the generator is not
				exempt and shall comply with the requirements of this chapter.
(c) Facilities that receive solid waste and
				generate compost for use solely at their site.
(d) Facilities in operation on or before the
				effective date of this rule, shall be exempt from the requirements of rules
				335-13-5-.02(1)(b)2.(i)
				and 335-13-14-.05, except for any
				major modifications that may occur after said date.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.04 - Application Requirements. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Phillip D. Davis, Eric L. Sanderson,
					 S. Scott Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.06 - Operating Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Compost
				offered for use must be produced by a process that encompasses turning on a
				regular basis to aerate the waste, maintain temperatures, and/or reduce
				pathogens. Compost may be produced by other composting techniques as approved
				by the Department.
(2) Used oil,
				hazardous waste, treated or untreated medical waste, treated wood, and asbestos
				containing waste shall not be accepted at a composting facility.
(3) Household hazardous waste shall not be
				accepted at a composting facility.
(4) Solid waste received at the composting
				facility shall be confined to a designated delivery or storage area until
				processed. Any solid waste not introduced into the processing operation within
				72 hours shall be removed and disposed of at a municipal solid waste
				landfill.
(5) The site shall be
				graded to prevent ponding of water in the active composting area.
(6) Surface water drainage shall be diverted
				around and away from the composting area to prevent any washing or escape of
				waste from the property.
(7)
				Leachate shall be collected and disposed of in a manner approved by the
				Department.
(8) The composting
				facility shall be operated in a manner that controls vectors.
(9) The composting facility shall be operated
				in a manner that controls and minimizes odors. Should obnoxious odors arising
				from the composting facility operations be verified by the Department, measures
				to abate the odor shall be taken upon a determination by the Department that
				such measures are technically feasible.
(10) The composting facility shall be
				operated in a manner that prevents fires in accordance with the fire prevention
				plan.
(11) Open burning at any
				composting facility is prohibited except for burning resulting from land
				clearing activities at the site, if prior written approval is received from the
				Department and the Alabama Forestry Commission.
(12) Access to the facility shall be
				controlled so as to minimize the potential for scavenging of materials and
				unauthorized disposal of wastes.
(13) A sign shall be posted which identifies
				the composting facility owner or operator, hours of operation, waste that may
				be accepted, and the permit number.
Authors:
Phillip D. Davis, S. Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.07 - Permitting Requirements. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Phillip D. Davis, S. Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.08 - Recordkeeping And Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An
				operating record for the composting facility shall be maintained at the
				facility or in a location approved by ADEM.
(a) The following information shall be
				maintained in the operating record as it becomes available.
1. Copy of the permit.
2. Permit application.
3. Fire prevention plan.
4. Stormwater and leachate discharge
				records.
5. Closure plan.
6. Certifications required for the normal
				operations of the facility.
7. Any
				other report or document generated in the normal operation of the facility that
				is submitted to ADEM.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.09 - Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Prior to
				closure of the composting facility, the owner or operator must submit to the
				Department and place in the operating record, a notice of intent to
				close.
(2) The owner or operator
				must begin closure of the composting facility no later than 30 days after the
				date of which composting activities cease.
(3) The owner or operator must complete
				closure activities in accordance with the closure plan within 180 days after
				the date of which composting activities cease.
(4) All remaining solid waste shall be
				removed from the site and disposed of at a municipal solid waste landfill
				permitted by the Department, and, if necessary, the site shall be stabilized to
				prevent the migration of sediment off-site due to stormwater runoff.
Author:
Phillip D. Davis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.10 - Public Notice. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Phillip D. Davis, S. Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-14 - COMPOSTING FACILITIES › Section 335-13-14-.11 - Public Hearing. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Phillip D. Davis, S. Scott
					 Story
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-9,
					 22-27-12.