Ala. Admin. Code r. 335-4-4-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-4-4-.03 - Engineered Uses Of Processed Tire Material

(1) A person proposing to utilize processed tire material in a civil engineering application shall receive approval from ADEM in writing before initiating the Engineered Use Application as detailed in 335-4-4-.03. Engineered uses shall be in general conformity with the latest edition of "ASTM Standard Practice for Use of Scrap Tires in Civil Engineering Applications" (D 6270-98).

(2) Approved engineered uses of processed tire material include, but are not limited to:

(a) SWDF construction and closure, including:

1. Under drain layer beneath a liner system.

2. Pipe trenches associated with leachate collection or recirculation, and landfill gas collection systems.

3. The leachate drainage or protective layer above the liner.

4. The drainage layer in the final cover design for closure.

(b) Public works construction, including:

1. Backfill material in an embankment or behind a retaining wall.

2. Subgrade base beneath pavement.

3. Rubber-modified asphalt using crumb rubber.

(c) Drainfield aggregate construction of subsurface sewage disposal systems or drains for groundwater/surface water diversion systems. The tire chips shall be protected from soil infiltration by a synthetic geotextile fabric.

(d) Others as may be approved by ADEM.

(3) The engineered use of processed tire material shall comply with all of the following standards:

(a) Processed tire material shall not be placed or discharged into waters of the state.

(b) The use will not adversely affect human health, public safety or the environment.

(c) Processed tire material shall not be used in a manner that constitutes disposal or is not in compliance with other ADEM regulations.

(d) Tire chips or tire shreds may not be used in an application where the thickness of a layer exceeds nine (9) feet, unless approved by the Department.

(e) Uses approved by ADEM may be subject to approvals, standards or specifications imposed by other persons. The applicant and its engineer shall certify to ADEM that all other approvals or permits have been obtained prior to submittal of the Engineered Use Application. Approval for use by ADEM does not constitute approval for use by other persons or agencies.

(4) A person proposing to utilize processed tire material in a civil engineering application shall submit to ADEM as outlined in 335-4-1-.03, a complete Engineered Use Application that provides details of the proposed use, and appropriate fees. The design and specifications shall be prepared by an engineer. The Engineered Use Application, ADEM Form 537, shall contain all of the following:

(a) The general location where project activities will take place to include either the 1/4, 1/4 Section, Township, and Range, or Global Positioning System coordinates, and a legal description of the property. The location shall be shown on a U.S. Geological Survey 7.5-minute quadrangle map.

(b) An affidavit from the property owner acknowledging the use or placement of processed tire material.

(c) Detailed plans and specifications of the engineered use.

(d) The approximate volume or weight of processed tire material to be used.

(e) The approximate periods of time during which the project will be conducted with estimated start and finish dates.

(f) The source of the processed tire material, and how the material will be stored prior to use. If processed tire material that may retain rainfall is to be stored more than seven (7) days and exposed to the elements, a Vector Control Plan shall be included in the application.

(5) The local fire marshal or fire chief shall be notified of the proposed engineered use of processed tire material.

(6) The following uses do not require an Engineered Use Application or notification to the local fire marshal or fire chief:

(a) Use of tire materials in construction or closure of a SWDF.

(b) Use as subgrade base or in rubber modified asphalt when installation is done in compliance with state or federal standards for highway construction.

(c) Use in a domestic on-site sewage disposal system approved by a County Health Department or ADPH.

(7) ADEM shall approve the Engineered Use Application before the activity may proceed. ADEM shall assign a project identification number that shall be used in all correspondence with ADEM.

(8) Following completion of the project, the owner or operator shall submit to ADEM certification signed by an engineer verifying that the project has been completed in accordance with the approved application.

(9) Use of whole tires or tire bales in engineered use applications may be subject to other provisions considered necessary by ADEM, or may require financial assurance for closure of the site.

Ala. Admin. Code r. 335-4-4-.03

New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 23, 2010; effective March 30, 2010.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: James L. Bryant, M. Gavin Adams. Adam N. Rhodes.

Statutory Authority:Code of Alabama 1975, §§ 22-40A-1et seq.