Ala. Admin. Code r. 335-14-4-.03
Current through Register Vol. 42, No. 11, August 30, 2024
Section 335-14-4-.03 - Hazardous Waste Discharges(1) Immediate action. (a) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).(b) If a discharge of hazardous waste occurs during transportation and the Department or its designee acting within the scope of its official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, the Department or its designee may authorize the removal of the waste by transporters who do not have EPA identification numbers or Alabama Hazardous Waste Transportation Permits and without the preparation of manifests.(c) An air, rail, highway or water transporter who has discharged hazardous waste must: 1. Give notice, if required by 49 CFR § 171.15, to the Alabama Emergency Management Agency State Warning Point (800-843-0699, 24 hours a day) and to the National Response Center (800-424-8802 or 202-426-2675); and2. Report in writing as required by 49 CFR § 171.16 to the Director, Office of Hazardous Materials Regulation, Materials Transportation Bureau, Department of Transportation, Washington, D.C. 20590. A copy of such report shall be provided to the Land Division, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, not later than 14 days after any such discharge.(d) A water (bulk shipment) transporter who has discharged hazardous waste must give the same notice as required by 33 CFR § 153.203 for oil and hazardous substances and shall give notice to the Alabama Emergency Management Agency (800-843-0699, 24 hours a day) and the National Response Center (800-424-8802 or 202-426-2675, 24 hours a day).(2) Discharge clean up. A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by the Department or its designee so that the hazardous waste discharge no longer presents a hazard to human health or the environment.Ala. Admin. Code r. 335-14-4-.03
November 19, 1980. Amended: April 9, 1986; August 24, 1989. Amended: Filed November 30, 1994; effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 24, 2009; effective March 31, 2009. Amended: Filed February 19, 2013; effective March 26, 2013.Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.Author: Stephen C. Maurer; James T. Shipman; Bradley N. Curvin; Vernon H. Crockett, Jonah L. Harris.
Statutory Authority:Code of Ala. 1975, § 22-30-11.