Ala. Admin. Code r. 335-4-2-.01
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-4-2-.01 - Remediation Of Sites(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.(g) Stormwater runoff 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.(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.(6) A Remediation Plan prepared by an engineer is not required when the total number of scrap tires at a site is less than 500. The responsible person or legal property owner at a site with less than 500 scrap tires shall submit a general description of work to be performed, the disposition of the scrap tires and other solid waste removed from the site, and restoration of the site.(7) A landowner or the landowner's duly authorized representative who chooses to personally remove scrap tires or scrap tire material from a scrap tire site shall obtain a limited-use transporter permit, as defined in 335-4-1-.02, from ADEM to transport them to a permitted scrap tire processor or SWMF.Ala. Admin. Code r. 335-4-2-.01
New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007.Amended by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.Author: James L. Bryant; Michael J. Cruise
Statutory Authority:Code of Alabama 1975, § 22-40A-1et seq.