reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-3 - PROCESSING AND RECYCLING › Section 335-13-3-.07 - Closure Of Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No
				person shall close a registered facility without submitting written
				notification to the Department at least thirty (30) days in advance of the
				closure. Such written notification shall contain the following.
(a) Name, address and telephone number of the
				facility and of the location of the owner, operator, or responsible person
				following facility closure.
(b)
				Reason for closure to include factor(s) leading to the closure
				decision.
(c) Written plans for
				notifying the facility's customers of the closure. Such notification to
				customers shall include the placement of signs of suitable size at the entrance
				to the facility indicating the closure date of the facility and/or last date
				materials to be accepted, if different than the closing date. Such notification
				shall also include the location of the nearest available recycling and/or solid
				waste disposal facility.
(d) Plans
				and methods for the prevention of recyclable materials and other solid wastes
				to accumulate at the facility following closure, and the plans for disposition
				of such materials in compliance with applicable regulatory
				requirements.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.11 - General Design Standards For Disposal Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
				Standards
.
				335-13-4-.12 through
				335-13-4-.20 provides standards
				for establishing a landfill unit providing that the siting standards of
				335-13-4-.01 have been fully
				complied with to the satisfaction of the Department. Certain requirements
				contained in
				335-13-4-.01 through
				335-13-4-.20 may be enhanced or
				reduced by the Department as deemed necessary to comply with the Act and this
				Division.
(2)
Hydrogeology Standards
.
(a) For purposes of designing the bottom
				elevation of the proposed cell, the applicant shall measure the groundwater
				elevation at the location of the proposed cell or liner system. Such
				determinations shall be based on groundwater measurements taken in the area of
				the proposed cell or liner system as approved by the Department. At each
				measuring location, the applicant shall obtain a minimum of two measurements
				taken during each of the three consecutive months of February, March and April,
				or as otherwise approved by the Department, with no two measurements taken
				within any twelve-day period. Having obtained the measurements, the applicant
				shall design the facility so that the bottom elevation of the proposed cell or
				liner system shall be a minimum of five feet above the highest measured
				groundwater level. The applicant shall submit to the Department all data known
				to exist concerning groundwater elevations at the landfill site and shall
				submit to the Department a location map showing all monitoring wells or
				piezometers and drilling logs for all monitoring wells or piezometers used to
				obtain any groundwater elevation data that is submitted. Nothing herein shall
				prevent the Department from requiring additional groundwater measurements or
				from requiring an additional buffer as it may deem appropriate with respect to
				a particular site.
(b) When the
				geological and hydrological data so indicate, the Department may specify
				greater separation distances, a liner(s), or a leachate collection system, or
				combination of the above to protect the groundwater.
(c) When the geological and hydrological data
				so indicate, the Department may allow engineering controls to remove, divert,
				drain, or otherwise modify zones of saturation above the uppermost
				aquifer.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.12 - Plans and Operational Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Compliance
.
				Plans and operational reports for construction, operation, maintenance,
				closure, and post-closure care of landfill units shall be prepared and kept on
				site and shall comply with
				335-13-5-.02(1)
				and this chapter.
(2)
Plan Requirements
. These plans and reports shall
				include the following as determined necessary by the Department:
(a) Sufficient control points on-site to
				provide for accurate horizontal and vertical control for facility construction,
				operation and closure and post-closure.
(b) Detail presentation of geological and
				hydrogeological units in the disposal site, with typical sections of disposal
				method and plan and profile sheets on all areas or trenches.
(c) Boundary plat and legal property
				description prepared, signed, and sealed by a land surveyor of the proposed
				boundary of the facility and disposal area of the facility.
(d) Initial and final topographical maps at
				contour intervals of five feet or as otherwise specified by the
				Department.
(e) Existing and
				proposed surface drainage pattern to include control structures designed to
				handle run-on and run-off. Design calculations for sediment control basins,
				etc. should be provided.
(f) Buffer
				zones, screening and other aesthetic control measures. Buffer zones around the
				perimeter of the landfill unit shall be a minimum of 100 feet in width measured
				in a horizontal plane. No disposal or storage practices for waste shall take
				place in the buffer zone. Roads, access control measures, earth storage, and
				buildings may be placed in the buffer zone.
(g) Details of plans for permanent all
				weather access roads.
(h) A summary
				of 335-13-4-.01 standards and
				conclusions of action to be taken and implemented into facility
				design.
(i) Location of any areas
				of the facility used for disposal of solid wastes.
(j) Presentation of special engineering
				features or considerations which must be included or maintained in facility
				construction, operation, maintenance and closure. Items required in
				335-13-4-.12 through
				335-13-4-.20 shall be
				included.
(k) Quality
				assurance/quality control (QA/QC) plan for all components of the liner,
				leachate collection, and cap systems.
(l) Location of all explosive gas wells
				and/or monitoring points.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.13 - Site Geology And Hydrology

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Site
				Hydrogeology
. The site hydrogeology shall be established to the
				upper most aquifer and subsequent interconnecting aquifers.
(2)
Hydrogeological
				Evaluation
. The hydrogeological evaluation for a specific site, as
				required by the Department, may be provided for as follows:
(a) A hydrogeological evaluation performed by
				a firm or individual having expertise in hydrogeology. The expense of this
				evaluation shall be borne wholly by the applicant. The following shall be
				required on such evaluations made under this rule:
1. The installation of a minimum of three
				exploration borings to include sampling and geologic logging and completion of
				these borings as piezometers. Subsequent establishment of the first saturated
				zone, the uppermost aquifer and subsequent underlying and interconnected
				aquifers, piezometer measuring point elevations, water table elevations and an
				estimate of groundwater flow direction and rate will be required.
2. A report shall be submitted to the
				Department which includes all items, information and analyses contained in
				335-13-4-.13(2)
				(a)1.
3. Resumes and references, as necessary, to
				establish the qualifications of the firm or individual preparing the
				evaluation.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.14 - Groundwater Resources

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Groundwater. Groundwater resources in the vicinity of the landfill unit shall
				be determined as a basis for facility design, groundwater protection, and
				groundwater monitoring required under
				335-13-4-.27.
(a) The depth to the groundwater and the
				direction of flow shall be established during the hydrogeological
				evaluation.
(b) The groundwater in
				the first saturated zone below the landfill unit shall be evaluated as follows:
1. A minimum of one hydraulically upgradient
				monitoring well for background data and two hydraulically downgradient
				monitoring wells shall be required.
2. The location and design of the monitoring
				wells shall be approved by the Department prior to installation and the
				upgradient well shall be located so as not to be affected by the landfill
				unit.
3. The monitoring wells shall
				be installed well in advance of projected facility opening so as to provide an
				undisputed background water quality sample from each well. Background water
				quality shall be established using the sampling and analysis procedures
				described in
				335-13-4-.27.
4. Additional monitoring wells above the
				minimum may be required by the Department based on site hydrology, geology,
				topographical features and waste characteristics.
5. Groundwater monitoring wells shall be
				designed and constructed as described in
				335-13-4-.27.
(c) The groundwater sampling and
				analysis plan shall be prepared in accordance with
				335-13-4-.27.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.15 - Cover

Current through Register Vol. 42, No. 9, June 28, 2024
Daily, weekly, or some other periodic cover shall be
				  required at all landfill units, as determined by the Department
(1) The suitability and volume of any soils
				for daily, intermediate and final cover requirements shall be determined by
				soil borings and analysis.
(2) Any
				proposal to use alternative cover systems shall be submitted to and approved by
				the Department prior to implementation.
(3) Alternative cover shall be approved by
				the Department in compliance with federal law and the USEPA rules for guidance
				to achieve a level of performance equal to or greater than earthen cover
				material.
Authors:
Russell A. Kelly, Heather M.
					 Jones
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.16 - Explosive Gases

Current through Register Vol. 42, No. 9, June 28, 2024
The generation of explosive gases, especially methane
				  (CH4), at a landfill unit which accepts organic waste
				  shall be considered in the design and operation of the facility. Special
				  attention shall be given to control and monitoring of explosive gases as
				  follows:
(1)
Control
.
(a)
				Explosive gases shall not exceed the lower explosive limit (LEL) at the
				facility boundary.
(b) Explosive
				gases shall not exceed 25 percent of the LEL in facility structures except for
				gas control or recovery system components.
(c) Facility structures shall be designed and
				constructed so as not to allow explosive gases to collect in, under or around
				structures in concentrations exceeding the requirements of this rule.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.17 - Drainage

Current through Register Vol. 42, No. 9, June 28, 2024
Owners or operators of all facilities must design, construct
				  and maintain:
(1) A run-on control
				system to prevent flow onto the active and/or closed portions of the landfill
				during the peak discharge from a 25-year storm;
(2) A run-off control system from the active
				and/or closed portions of the landfill to collect and control at least the
				water volume resulting from a 24-hour, 25-year storm.
(3) On-site drainage structures to carry
				incident precipitation from the disposal site so as to minimize the generation
				of leachate, erosion and sedimentation. Run-off from the active and/or closed
				portions of the landfill unit must be handled in accordance with
				335-13-4-.01(2)(a), and
				(b) and shall be routed to a settling basin
				or other sedimentation control structure to remove sediment prior to release
				onto adjacent properties or waters.
Author:
Russell A. Kelly
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.19 - Access

Current through Register Vol. 42, No. 9, June 28, 2024
The owner or operator of the facility must control public
				  access and prevent unauthorized vehicular traffic and illegal dumping of wastes
				  by using artificial barriers, natural barriers, or both, as appropriate to
				  protect human health and the environment.
Author:
Russell A. Kelly
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.20 - Closure And Post-Closure

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Submittal
. The owner or operator must submit a
				closure/post-closure plan to the Department and place in the operating record,
				no later than the effective date of these regulations or by the initial receipt
				of waste, whichever is later.
(2)
Closure
. The requirements for closure of existing and
				proposed landfill units shall include the following unless otherwise noted.
(a) The owner or operator must prepare a
				written closure plan that describes the steps necessary to close all existing
				and proposed landfill units at any point during their active life in accordance
				with the cover design requirements in
				335-13-4-.20(2)(b).
				The owner or operator must submit the closure plan as part of the permit
				application to the Department. The closure plan, at a minimum, must include the
				following information:
1. A description of the
				final cover, designed in accordance with
				335-13-4-.20(2)(b)
				and the methods and procedures to be used to install the cover;
2. An estimate of the largest area of the
				landfill unit ever requiring a final cover as required under
				335-13-4-.20(2)(b)
				at any time during the active life;
3. An estimate of the maximum inventory of
				wastes ever on-site over the active life of the facility; and
4. A schedule for completing all activities
				necessary to satisfy the closure criteria in this rule.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.22 - Specific Requirements For Municipal Solid Waste Landfills

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements in conjunction with
				  335-13-4-.21 shall be for
				  operating and maintaining an acceptable MSWLF:
(1)
Daily Operation
.
(a) All waste shall be covered as follows:
1. A minimum of six inches of compacted earth
				or other alternative cover material that is approved by the Department shall be
				added at the conclusion of each day's operation or as otherwise approved by the
				Department to control disease vectors, fires, odors, blowing litter, and
				scavenging.
2. In the event that
				erosion develops on previously covered disposal areas, or when covered waste
				otherwise becomes exposed, cover must be re-applied to comply with the minimum
				cover requirements of subparagraph (1)(a)1. of this section.
3. Final closure shall be carried out in
				accordance with rule
				335-13-4-.20 of this
				Division.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.23 - Specific Requirements For Inert Construction/ Demolition Landfills And Industrial Landfills

Current through Register Vol. 42, No. 9, June 28, 2024
The following requirements in conjunction with
				  335-13-4-.21 shall be for
				  operating and maintaining an acceptable C/DLF or ILF:
(1)
Operation
.
(a) All waste shall be covered as follows:
1. A minimum of six inches of compacted earth
				or other alternative cover material that is approved by the Department shall be
				added at the conclusion of each week's operation or as otherwise specified by
				the Department to control disease vectors, fires, odors, blown litter and
				scavenging.
2. In the event that
				erosion develops on previously covered disposal areas, or when covered waste
				otherwise becomes exposed, cover must be re-applied to comply with the minimum
				cover requirements of subparagraph (1)(a)1. of this section.
3. Final closure shall be carried out in
				accordance with
				335-13-4-.20 of this
				Division.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.24 - Septic Tank Pumpings And Sewage Sludge

Current through Register Vol. 42, No. 9, June 28, 2024
The practice of accepting septic tank pumpings and sewage
				  sludge shall not occur at landfill units unless specifically approved in
				  writing by the Department.
Author:
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.25 - Specific Requirements For Other Disposal Methods

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed 6/21/96; effective 7/26/96).
Author:
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-27-3,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.26 - Requirements For Management And Disposal Of Special Waste

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Exceptions
.
(a) Requirements for the management and
				disposal of special waste at a landfill unit permitted by the Department shall
				meet the requirements of this rule.
(b) Certain requirements may be modified by
				the Department as deemed necessary to comply with the Act and this Division.
1. Waste types for which specific rules and
				regulations under this Division have not been developed shall be managed and
				disposed of in a manner as determined by the Department to be consistent with
				the intent of the Act and this Division.
2. Generators of a special waste may be
				required by the Department to provide an analysis and certification that the
				waste is nonhazardous waste or treated medical waste.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.27 - Groundwater Monitoring And Corrective Action

Current through Register Vol. 42, No. 9, June 28, 2024
The requirements for groundwater monitoring and corrective
				  action at MSWLFs, C/DLFs, and ILFs are presented in the following
				  paragraphs:
(1)
Applicability
.
(a)
				The requirements in this rule shall apply to all MSWLF units and, when
				determined necessary by the Department to protect public health and the
				environment, the requirements in this rule or any part thereof shall apply to
				C/DLF units or ILF units, except as provided in subparagraph (b) of this
				paragraph.
(b) Groundwater
				monitoring requirements under paragraphs (2) through (4) of this rule may be
				suspended by the Department for a LF unit if the owner or operator can
				demonstrate that there is no potential for migration of hazardous constituents
				from that LF unit to the first saturated zone, as defined in
				335-13-1-.03, during the active
				life of the unit and the post-closure care period.
This demonstration must be certified by a qualified
				  groundwater scientist, as defined in
				  335-13-1-.03, and approved by the
				  Department, and must be based upon:
1.
				Site-specific field collected measurements, sampling, and analysis of physical,
				chemical, and biological processes affecting contaminant fate and transport,
				and
2. Contaminant fate and
				transport predictions that maximize contaminant migration and consider impacts
				on human health and environment.
(c) Owners and operators of LF units must
				comply with the groundwater monitoring requirements of this rule according to
				the following schedule.
1. All LF units must
				be in compliance with the groundwater monitoring requirements specified in
				paragraphs (2) through (4) of this rule.
2. New LF units must be in compliance with
				the groundwater monitoring requirements specified in paragraphs (2) through (4)
				of this Rule before waste can be placed in the unit.
(d) Once established at a LF unit,
				groundwater monitoring shall be conducted throughout the active life and
				post-closure care period of that LF unit as specified in
				335-13-4-.20.
(e) The Department may establish alternative
				schedules for demonstrating compliance with Department notification (and
				placement of notification in operating record) requirements of this
				rule.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.28 - Financial Assurance Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				The requirements of
				335-13-4-.28 apply to owners and
				operators of all MSWLF, except owners or operators who are state or federal
				government entities whose debts and liabilities are the debts and liabilities
				of the State or the United States.
(2)
Financial Assurance for
				Closure
.
(a) The owner or
				operator shall have a detailed written estimate, in current dollars, of the
				cost of hiring a third party to close the largest area of all landfill cells at
				the MSWLF ever requiring a final cover as required under
				335-13-4-.20 at any time during
				the active life in accordance with the closure plan. The owner or operator
				shall place the closure cost estimate in the operating record and submit a copy
				of the estimate to ADEM for approval.
1. The
				closure cost estimate shall equal the cost of closing the largest area of the
				MSWLF ever requiring a final cover at any time during the active life when the
				extent and manner of its operation would make closure the most expensive, as
				indicated by its closure plan. The cost estimate shall include the costs of
				continuing the operation of the gas collection and control systems as may be
				required in
				335-3-10-.02(75)
				or 335-3-19, as applicable.
2.
				During the active life of the MSWLF, the owner or operator shall annually
				adjust the closure cost estimate for inflation.
3. The owner or operator shall increase the
				closure cost estimate and the amount of financial assurance provided under
				335-13-4-.28(2)(b)
				if changes to the closure plan or landfill conditions increase the maximum cost
				of closure at any time during the remaining active life.
4. The owner or operator may reduce the
				closure cost estimate and the amount of financial assurance provided under
				335-13-4-.28(2)(b)
				if the cost estimate exceeds the maximum cost of closure at any time during the
				remaining life of the MSWLF. The owner or operator shall place the
				justification for the reduction of the closure cost estimate and the amount of
				financial assurance in the operating record and submit a copy of the
				justification and new estimate to ADEM for approval.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-4 - PERMIT REQUIREMENTS › Section 335-13-4-.29 - Recordkeeping Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
Recordkeeping shall be maintained as follows:
(1)
Operating
				Record
. The owner or operator of a MSWLF, C/DLF or ILF unit must
				record and retain in an operating record at the facility, or in an alternative
				location approved by the Department, the following information as it becomes
				available:
(a) Solid Waste Disposal Facility
				Permit as issued by the Department.
(b) Permit application, operational
				narrative, and engineering drawings. This may include, but is not limited to:
1. Any location restriction demonstration
				required under
				335-13-4-.01 of this
				Division;
2. Any MSWLF unit design
				documentation for placement of leachate or gas condensate in a MSWLF unit as
				required under
				335-13-4-.22(1)(k)
				of this Division;
3. Closure and
				post closure care plans as required by
				335-13-4-.20 of this
				Division;
4. Explosive gas
				monitoring plans as required by
				335-13-4-.16 of this
				Division;
5. Corrective action
				plan, if necessary, which includes detection in assessment
				monitoring;
6. Any other
				documentation submitted to the Department during the permitting
				process.
(c) Reports or
				documentation generated during the normal operation of the facility may
				include, but are not limited to:
1. Gas
				monitoring results from monitoring and any remediation plans required by
				335-13-4-.16;
2. Inspection records, training procedures,
				notification procedures, and other information required in
				335-13-4-.21(1)(b);
3. Any monitoring, testing, or analytical
				data as required by
				335-13-4-.20 of this Division
				concerning closure;
4. Any
				demonstration, certification, finding monitoring, testing, or analytical data
				required by
				335-13-4-.27 concerning
				groundwater monitoring and corrective action;
5. Quarterly volume reports as required in
				335-13-4-.22(2)(g)
				or 335-13-4-.23(2)(f)
				of this Division;
6. Waste
				certifications as required by
				335-13-4-.21(1)(c)
				of this Division;
7. Any other
				report or document generated in the normal operation of the facility which is
				submitted to the Department.
(d) Any cost estimates and financial
				assurance documentation required by
				335-13-4-.28.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.01 - Permits

Current through Register Vol. 42, No. 9, June 28, 2024
Solid waste management subject to this Division shall take
				  place in a unit(s) permitted by the Department. Rules
				  335-13-5-.02 through
				  335-13-5-.07 establish the
				  minimum requirements and procedures for obtaining a solid waste landfill
				  permit, composting facility permit or CCR facility permit for existing and
				  proposed facilities. The technical standards used to determine the requirements
				  of a permit are set out in chapter 335-13-4 for landfills, 335-13-14 for
				  composting facilities and 335-13-15 for CCR units.
Authors:
Russell A. Kelly, Heather M.
					 Jones
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-5,
					 22-27-3,
					 22-27-5,
					 22-27-7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.02 - Permit Application

Current through Register Vol. 42, No. 9, June 28, 2024
Any person who requires a permit pursuant to this Division
				  shall complete, sign, and submit to the Department an application for each
				  permit required under
				  335-13-5-.01
(1) Application Requirements.
(a) Solid Waste Landfills. Landfill units
				proposed after the effective date of this Division shall obtain permits to
				construct and/or operate by submitting a permit application consisting of the
				following in order to request a permit:
1. A
				completed application form designated by the Department, with applicable
				fees;
2. Documentation of host
				government approval, as provided in the
Code of Ala.
				1975
, §
											22-27-48 and 48.1;
3. Facility design plans and operational
				procedures in accordance with Permit Application Procedures for Solid Waste
				Disposal Facilities as prepared by the Department;
4. Technical data and reports to comply with
				335-13-4-.01,
				335-13-4-.11 through
				335-13-4-.24 and this Division;
				and
5. All technical reports, plans
				and specifications, plats, geological and hydrological reports required by this
				Division, prepared under the following:
(i)
				Plans, specifications, operational procedures, letters of final construction
				certification and other technical data, except as provided in
				335-13-5-.02(1)(a)5. (ii) and
				(iii) for the construction and operation of a
				facility shall be prepared by a professional engineer. The seal or signature
				and registration number of the design engineer shall be affixed to the plans,
				specifications and reports.
(ii)
				Reports, letters of certification and other documents and technical data
				concerning the siting standards of
				335-13-4-.01 shall be prepared by
				a person with technical expertise in the field of concern.
(iii) Legal property descriptions and survey
				plats shall be prepared by a land surveyor with the seal or signature and
				registration number of the land surveyor affixed.
6. The name and mailing address of all
				property owners whose property, per county tax records, is adjacent to the
				proposed site shall be submitted as part of a landfill unit's permit
				application.
7. The Department may
				waive certain requirements of (a) 3. and 4. for those landfill units that will
				receive for disposal only construction and demolition type waste. A permit
				application for a C/DLF shall be submitted on a permit application form
				designated by the Department, which shall specify the minimum requirements for
				a complete application. The C/DLF permit application shall also include
				statements signed by a professional engineer and a representative of the
				facility owner/operator certifying that the information being submitted is
				accurate and correct. The submittal of false or inaccurate information shall
				result in the C/DLF permit application being suspended or denied.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.03 - 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 and comment on any solid waste landfill
				unit, composting facility or CCR facility permit initial issuance, renewal, a
				modification listed in
				335-13-5-.06(1) or (2)
				(b) to the facility permit, or if otherwise
				determined necessary to meet the requirements 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
				proposed permit action for a solid waste landfill, composting or CCR facility
				by posting a notice to the Department's website. The draft permit action 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 issuance of a permit
				action.
4. The notice shall contain
				the specific type and nature of the solid waste landfill, composting or CCR
				facility, the type of waste to be disposed or accepted, as applicable, the
				owner or operator requesting the permit action, and the descriptive location of
				the solid waste landfill, composting or CCR facility, address and telephone
				number of the Department, and how the public may submit comments and request a
				public hearing on the proposed permit action.
5. The Department shall send by certified
				mail, a written copy of the public notice to landowners adjacent to the subject
				solid waste landfill, composting or CCR facility at the address as indicated on
				county tax records and provided by the applicant as part of the permit
				application. The list and addresses of adjacent land owners, as provided in the
				permit application, 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 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.04 - 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
				335-13-5-.04(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 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.05 - Permit Denial, Suspension or Revocation

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Conditions
. The
				Department may deny, suspend or revoke any operating permit if:
(a) The permittee is found to be in violation
				of any of the permit conditions,
(b) The permittee fails to perform the
				permitted activity in accordance with the approved permit application,
				operational plan/narrative or engineering drawings;
(c) The permittee fails to seek a
				modification of the permit as required by
				335-13-5-.06;
(d) An active solid waste landfill stops
				receiving waste as specified in
				335-13-4-.20(2)(f);
(e) An active composting facility stops
				accepting and processing raw material as specified by
				335-13-14-.09(2);
(f) An active CCR facility stops receiving
				waste as specified by
				335-13-15-.07(3)(e);
				or
(g) The design and/or operations
				create a nuisance or is inconsistent with the Act or this Division.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.06 - Permit Modification

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may modify any permit after receiving a
				  satisfactory request for modification that is found in compliance with ADEM
				  rules and regulations. Permit modifications shall be requested in writing
				  utilizing application forms designated by the Department (ADEM Form 439 for
				  MSWLFs, ILFs and CCR facilities, ADEM Form 305 for C/DLFs or ADEM Form 018 for
				  composting facilities) when the permittee proposes to modify its operation in
				  any of the ways listed in (1) or (2).
(1)
Major
				Modifications
.
(a) Major
				modifications are limited to the following actions:
1. There is any change in the permitted
				service area. The Director may temporarily or on a one-time basis waive permit
				modification requirements related to service area on a case-by-case basis, if
				it is demonstrated that a disposal alternative is needed immediately to protect
				human health or the environment.
2.
				Convert an industrial landfill (ILF) or construction/demolition landfill
				(C/DLF) to a municipal solid waste landfill (MSWLF) or convert a
				construction/demolition landfill (C/DLF) to an industrial landfill
				(ILF).
3. Addition of a liner
				and/or leachate collection system or any design change in the existing
				permitted liner and/or leachate collection system.
4. Addition of acreage to the facility
				boundary or addition of disposal acreage inside the permitted perimeter where
				design plans have not been previously submitted.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.07 - Transfer Of Permit

Current through Register Vol. 42, No. 9, June 28, 2024
Permits are not transferable except as follows:
(1) A notification must be submitted to and
				approved by the Department prior to any proposed transfer from one person or
				company to another or for the name change of any permitted facility.
(a) The notification must be submitted to the
				Department at least 30 days prior to the proposed transfer or name
				change.
(b) Information regarding
				the transfer or name change must be submitted on form(s) designated by the
				Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-5 - PROCEDURES FOR OBTAINING PERMITS › Section 335-13-5-.08 - Vertical Expansion

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
. Existing MSWLF units may continue to
				operate past October 8, 1993, or the effective date of §258.1 of 40 CFR
				258, Solid Waste Disposal Criteria, whichever is later, provided that an
				adequate application request is submitted and approval is granted by the
				Department.
(2)
Application Requests
. A vertical expansion application
				request must be submitted to the Department. The application, at a minimum,
				shall include the following:
(a) An assessment
				of the existing groundwater data and groundwater monitoring system. The
				assessment shall include:
1. Submittals of
				past groundwater data and conclusions as to whether or not the groundwater has
				been impacted by the landfill.
2.
				Monitoring well data such as: well logs, total well depth, screen depth, depth
				to water level, indication/documentation of upgradient or downgradient well
				location, numbering sequence, etc. and conclusions as to whether or not the
				groundwater monitoring system is adequate.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-6 - INSPECTION OF FACILITIES › Section 335-13-6-.01 - Inspection Of Solid Waste Disposal Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
.
(a) The Department shall make periodic
				evaluations of all solid waste disposal facilities. The evaluations shall be
				unannounced, and a written report shall be forwarded to the persons holding the
				disposal permit. The report shall specify the items not in compliance and shall
				outline measures for corrections and dates for compliance.
(b) The Department may require the permittee
				to prepare waste for inspection. Such preparation may include but not be
				limited to the disassembly of bales, or spreading of confined waste to
				facilitate inspection.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.01 - Generators (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.02 - Collection Of Untreated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.03 - Collection Of Treated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.04 - Storage Of Untreated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.05 - Storage Of Treated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.06 - Transportation Of Untreated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.07 - Transportation Of Treated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.08 - Treatment Measures (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.09 - Disposal Of Untreated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 7.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SOLID WASTE PROGRAM › Chapter 335-13-7 - MEDICAL WASTE › Section 335-13-7-.10 - Disposal Of Treated Waste (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Lindsay Mothershed
Statutory Authority:
Solid Waste Disposal Act,
Code of Ala. 1975
, §§
											22-27-1 to 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-.01 - Variances

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may grant individual variances from the
				  specific provisions of Division 13 based upon the procedures of
				  335-13-8-.02 through
				  335-13-8-.05 whenever it is found
				  by the Department, upon presentation of adequate proof, that the requested
				  variance will not threaten the public health or unreasonably create
				  environmental pollution. Specifically, variances may only be granted for those
				  provisions of Division 13 that are in addition to or more stringent than
				  analogous federal regulations. Variance requests will not be granted for
				  provisions of Division 13 that are identical to a federal rule (i.e. those
				  provisions that are not a state specific rule) Variances per se are not favored
				  by the Department.
Authors:
Russell A. Kelly, S Scott
					 Story
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-.02 - Petition For Variance

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
. Any person may request a variance from
				specific provisions of Division 13 by filing a Petition for Variance with the
				Department at least 120 days prior to the anticipated change and shall receive
				approval from the Department prior to the implementation of the proposed
				change.
(2)
Petition
				Requirements
. To enable the Department to rule on the Petition for
				Variance, the following information, where determined applicable by the
				Department, shall be included in the petition:
(a) A clear and complete statement of the
				precise extent of the relief sought including specific identification of the
				particular provisions of the regulations from which the variance is
				sought;
(b) An assessment, with
				supporting factual information, of the impact that the variance will impose on
				the public health and the environment in the affected area.
(c) Any additional information requested by
				the Department as necessary to evaluate the variance request.
(d) A concise factual statement of the
				reasons the petitioner believes that non-compliance with the particular
				provisions of Division 13 will not threaten the public health or unreasonably
				create environmental pollution.
(e)
				Applicable fees in accordance with Division 1.
(f) The name and mailing address of all
				property owners whose property, per county tax records, is adjacent to the
				proposed site shall be submitted as part of a Petition for Variance.