Ala. Admin. Code r. 335-13-11-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 335-13-11-.04 - Site Ranking System

(1) A site ranking system shall be used to determine priority for remediating existing unauthorized dumpsites utilizing Solid Waste Fund monies. Higher-ranking sites will be remediated before lower ranking sites, unless it is determined by the Department that sites in close proximity may be bid together in an effort to more efficiently utilize Solid Waste Fund resources. Sites shall be ranked utilizing the factors set out below:

(a) The presence of human or animal infections or diseases as reported by the State Health Department or the Centers for Disease Control and Prevention, including, but not limited to, West Nile Virus, Eastern Equine Encephalitis, and other infections or diseases as determined in conjunction with the Health Department or the CDC.

(b) The estimated amount of solid waste in the unauthorized dump.

(c) The proximity of an unauthorized dumpsite to:

1. Schools, hospitals, nursing homes, assisted living and other health care facilities.

2. Churches, businesses, residential areas, recreational areas and other populated structures or areas.

3. Public water supply systems or sources, or coastal area beaches and dunes.

4. Gas pipelines, electrical power lines, phone lines, and cable lines.

5. Roadways, railroads, and other transportation resources.

6. Private drinking water wells.

(d) Fire hazard due to the lack of availability of adequate fire protective equipment or services, or to inadequate access control.

(e) The presence or suspected presence of special wastes, such as medical or infectious wastes and industrial waste, or the presence of hazardous waste as defined by division 335-14.

(f) The location of the site in an area of minority and/or low-income populations pursuant to Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations."

(g) The known or potential for adverse impacts to surface water or groundwater water quality due to the location of the unauthorized dump.

(h) Other factors as determined relevant by the Department.

(2) In the case of sites with mixed wastes of solid waste and scrap tires, sites may be determined to be ineligible for cleanup utilizing the Solid Waste Fund if scrap tires and tire materials are a large percentage of wastes present. In these circumstances, remediation of the site may fall under the authority of the Scrap Tire Fund, as specified under chapter 335-4-2.

(3) Sites for which the Solid Waste Fund has been utilized to perform a previous cleanup may be given lower priority than other sites that have not yet been remediated. Utilizing Solid Waste Fund monies for cleanup of a site that was previously remediated will be at the discretion of the Department and costs associated with further remediation activities may be determined to be the responsibility of the landowner or responsible party.

(4) The Department shall review site rankings periodically, and if necessary, adjust the unauthorized solid waste dumpsite cleanup priority list based on new information regarding previously ranked sites. The priority list shall be adjusted when remediation has been completed on a site and it is removed from the priority list, or when a new site is identified and sufficient information is gathered to rank the new site.

Ala. Admin. Code r. 335-13-11-.04

Amended: Filed April 21, 2009; effective May 26, 2009.

Authors: Phillip D. Davis, Brent A. Watson

Statutory Authority:Code of Ala. 1975, §§ 22-27-7, 22-27-10, 22-27-12.