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-.03 - Remediation Of Sites

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any owner
				of an interest in a property suspected of containing unauthorized disposal of
				solid waste shall provide to authorized representatives of the Department
				access to the property for the purposes of evaluating the site as a potential
				threat to public health, the environment and safety, and for determining the
				site's compliance status with the applicable requirements of this
				division.
(2) The person or persons
				responsible for the creation, contribution to, and/or operation of an
				unauthorized dumpsite shall be responsible for the remediation of the site. If
				the responsible person or persons is not determined, the landowner shall be
				responsible for remediation of the site, unless the landowner qualifies as an
				innocent landowner. An innocent landowner is exempt from the remediation
				requirements of rule
				335-13-11-.03, provided he
				complies with the requirements of rule
				335-13-11-.02(4).
(3) A person remediating an unauthorized dump
				site at the direction of the Department under the authority of the Solid Waste
				Fund, shall submit a Remediation Plan prepared by an engineer which shall be
				used to direct remedial actions as necessary to comply with the closure
				requirements of rule
				335-13-1-.13. The Department may
				waive the requirement for the submittal of a Remediation Plan prepared by an
				engineer based on the waste types, site geology or hydrology, or other factors
				as determined by the site ranking criteria under rule
				335-13-11-.04. Notice of the
				waiving of this requirement will be made through the publication of the legal
				advertisement as set forth in rule 335-13-11 -.05(1).
(4) Any required Remediation Plans must be
				approved by the Department prior to initiating remedial action, and must
				provide for the following as applicable:
(a)
				Removal of all solid wastes from the site, and transportation to an appropriate
				permitted solid waste landfill or management facility in accordance with Health
				Department transportation requirements, or delivery to an appropriate recovered
				materials processing facility for processing, reuse or recycling. Verification
				of removal and transport to an authorized facility shall be provided to the
				Department.
(b) Removal or
				treatment of substances that are a threat to human health and the environment
				that may have been released to the environment from the unauthorized
				accumulation, burning, processing or disposal of solid wastes and other
				materials.
(c) Restoration of the
				site by placing backfill in excavated areas, sloping and landscaping to
				minimize erosion and establishment of a vegetative cover over the site, or
				other best management practices to control storm water runoff.
(d) Securing the site by use of a barricade
				or other device or other methods as needed to address public safety concerns
				due to the proximity of the site to publicly-accessible areas such as roads and
				rights-of-way, or, when necessary to prevent further dumping, the posting of
				signs indicating the dump site is closed and the location of the nearest
				permitted landfill.
(e) Methods to
				remediate the site and to remove solid wastes, to include:
1. An estimate of the quantity of regulated
				wastes to be removed, including an estimate of the quantity of any materials
				recycled or reused.
2. A discussion
				of any procedures to be undertaken to manage any special wastes, such as
				medical wastes or industrial wastes, found during remediation of the
				site.
3. A description of the
				procedures to be utilized to determine if any wastes at the site are classified
				as hazardous waste, and if so, the procedures to be used to properly manage
				these hazardous wastes in accordance with applicable provisions of division
				335-14.
(f) The
				implementation of an effective vector control plan, including baiting for at
				least two weeks following closure, to prevent vector migration to adjacent
				properties and spraying to control mosquitoes, or other vector control measures
				as determined necessary by the Department or the State Health
				Department.
(g) Storm water runoff
				control. It shall be the responsibility of the party conducting the remediation
				to comply with the applicable requirements of division 335-6.
(h) Fire protection measures.
(i) A schedule of proposed remediation
				work.
(j) Disposition of the
				materials removed from the site, whether for disposal, reuse, or
				recycling.
(k) The total estimated
				cost of remediation, with a breakdown of costs estimated by the remediation
				contractor.
(l) The steps taken to
				locate and protect from damage, all utilities that may be present at the site,
				such as electricity, gas, telephone, etc.