Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - SCRAP TIRE PROGRAM › Chapter 335-4-2 - SCRAP TIRE SITE REMEDIATION › Section 335-4-2-.01 - Remediation Of Sites

Current through Register Vol. 42, No. 9, June 28, 2024
(1) ADEM, ADPH or delegated County
				Enforcement Officers may access property suspected of containing scrap tire
				sites for the purpose of evaluation of the threat to public health, the
				environment and safety.
(2) The
				responsible party for a scrap tire site shall be responsible for the
				remediation of the site. If the responsible party is not determined, the
				landowner shall be responsible for remediation of the site, unless the
				landowner qualifies as an innocent landowner as defined in
				335-4-1-.02.
(3) If ADPH, County Health Departments or CDC
				determines that a significant threat to public health exists from disease
				vectors associated with the scrap tire site, ADEM can require the responsible
				party or landowner through an administrative or civil action to immediately
				implement vector control at the site. If the responsible party or landowner
				refuses to implement vector control measures, STF monies may be used for this
				purpose. ADEM may recover all costs associated with the vector control actions
				pursuant to a determination of a public health threat.
(4) Unless approved in advance by ADEM or the
				scrap tire site meets the requirements outlined in
				335-4-2-.01(6),
				a person remediating a scrap tire site, whether on their own initiative or at
				the direction of ADEM, must submit a Remediation Plan prepared by an engineer
				which must be used to direct remedial actions.
(5) If required by ADEM, the Remediation Plan
				must be approved by ADEM prior to initiating action, and must include the
				following as applicable:
(a) Remove all scrap
				tires from the site and transport to a permitted processor, solid waste
				transfer station or SWDF, unless otherwise approved by ADEM. Verification of
				removal and transport to an authorized facility shall be provided to ADEM. All
				other regulated solid waste at the site may be required to be removed in the
				same manner.
(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 accumulation, burning or
				processing scrap tires and other materials.
(c) Restoration of the site by placing
				backfill in excavated areas, sloping and landscaping to minimize erosion and
				establish a vegetative cover over the site, if required.
(d) Securing the site by a barricade or other
				device and posting signs indicating the dump site is closed and the location of
				the nearest SWDF when considered necessary by ADEM. The method or methods of
				securing the site shall be approved by ADEM.
(e) Estimated cleanup amounts along with the
				methods to remediate the site and to remove scrap tires and other wastes, to
				include:
1. An estimate of the quantity of
				whole tires, scrap tire material, or processed tire material to be
				removed.
2. An estimate of the type
				and quantity of other regulated wastes to be removed.
3. A list of equipment to be
				utilized.
4. Any processing of
				scrap tires on-site, and storage of processed tire material.
(f) Vector Control Plan.
(g) Stormwater runoff control.
(h) Access control.
(i) Fire protection measures.
(j) Key staff involved in the supervision and
				performance of the proposed work.
(k) A schedule of proposed work.
(l) Disposition of the scrap tires, processed
				tire materials and other materials removed from the site.
(m) Site restoration.
(n) The total cost of remediation, with a
				breakdown of costs estimated by the contractor, if the cost of remediation is
				to be paid from the STF.