Ala. Admin. Code r. 335-13-3-.02

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

Section 335-13-3-.02 - Facility Registration

(1) No person may receive, store, process or transfer recyclable material without being properly registered with the Department, except as described in Rule 335-13-3-.02(3). Any person who operates a Materials Recovery Facility or a Recovered Materials Processing Facility, without having applied for registration with the Department shall be considered to be operating an unpermitted solid waste facility and shall be subject to enforcement action in accordance with this Division.

(2) The owner or operator of each facility in existence on the effective date of this Rule shall file an application for registration with ADEM not later than October 1, 2010. The owner or operator of each new Materials Recovery Facility or Recovered Materials Processing Facility desiring to begin operation after the effective date of this Chapter shall file an application for registration at least forty-five (45) days prior to receiving materials, or by October 1, 2010, whichever is later.

(a) Each owner or operator of a subject facility shall register with ADEM utilizing a form designated by the Department. In addition to the designated form, the following information shall be submitted:

1. An initial listing of the types of material or materials to be received, stored, processed or transferred by the facility in a manner to be specified by the Department.

2. A general description of the plans for end-market uses of all materials to be collected, stored and processed. Such plans are not required to include specific information on quantities to be shipped to specific facilities, names of facilities or other information that may be deemed business confidential by the registrant.

3. Statement that the siting of the facility is on property whose local zoning permits such use, if applicable.

4. Site access controls to be utilized at the facility.

5. A site plan map which identifies and plots the location of all equipment, buildings, activities and areas related to the receipt, storage, processing, and transferring of all unprocessed and processed recyclable materials.

6. A statement that the facility is in compliance with the applicable requirements of ADEM Administrative Code Division 335-6, including but not limited to, permitting and best management practices (BMP).

7. An operations plan which shall include, at a minimum, the following:

(i) Days and hours of operation of the facility and a description of when facility personnel will be on-site during hours of operation. If the facility is to include a drop-off point for after-hours operation or periods when facility will be unstaffed, a description of methods to prevent drop-off of non-acceptable or non- recoverable materials must be included.

(ii) A general listing of material types and anticipated tonnages to be received by the facility on a monthly basis and any size, weight or other restrictions placed on materials to be accepted.

(iii) A written narrative description of facility operation from receipt of recyclable materials to the point of transfer to end-users.

(iv) The maximum amount of each material to be stored or stockpiled at the facility. Owners/operators maintaining this information in volume shall convert and indicate the conversion methodology to weight.

(v) A description of major equipment to be utilized for the receipt, storage, processing or transfer of each material type.

(vi) Methods utilized to weigh or estimate weight of materials received.

(vii) A description of the storage areas utilized for recovered materials to include indoor or outdoor, surfaces of storage areas, and methods to segregate materials to facilitate end-use.

(viii) A statement indicating that the facility meets local fire codes, where applicable.

(ix) A description of methods used to control vectors of public health importance which shall include, but not be limited to, rodents, flies and mosquitoes, and dust and litter at the facility. Such control shall be consistent with the administrative rules of the Health Department and the Department.

(b) Registrations are not transferable.

1. If a registered facility has a change in ownership, the prospective new owner shall register with the Department at least thirty (30) days prior to assuming ownership of the facility.

2. Changes in the name of a facility also require notification to the Department thirty (30) days prior to the effect of the name change, and may require the payment of fees associated with such change that are required by Departmental regulations.

(c) If a materials recovery facility is found to be in significant noncompliance with the requirements of this Division, the registration for the facility may be revoked or the application for registration denied by the Director.

1. The facility may request an informal conference with ADEM to discuss the revocation or denial by ADEM. Following this informal conference, the Director shall advise the facility of the final determination on the registration.

2. The registrant shall be responsible for the compliance of the registered facility with all applicable rules not withstanding the performance of compliance-related duties by independent contactors or agents.

(d) A registered facility that discontinues receiving, processing or utilizing recovered materials shall notify ADEM within thirty (30) days of a change in operations and request that their registration be terminated. A closure plan for the facility must be submitted in accordance with Rule 335-13-3-.07. All recovered materials and solid wastes shall be removed from the facility before ADEM will terminate the registration. Such removal shall be in accordance with all applicable regulations regarding recycling or disposal.

(e) The Department may specify in the registration for a facility the quantity and nature of recovered materials to be managed, in accordance with the application.

(3)Exemptions. The following activities are exempt from the registration requirements imposed by this Chapter. A facility engaged only in these activities is not required to register with ADEM under this Chapter.

(a) The receipt of source-separated recyclable asphalt and pre-consumer asphalt shingles or other asphalt based roofing, or a combination thereof by an asphalt manufacturing plant prior to its introduction into the asphalt manufacturing process.

(b) The recycling or reuse of materials which are generated, processed, and reused as a product, raw material or fuel exclusively at the point of generation by facility personnel or on-site contractor operations which are directly related to the operation of the facility.

(c) The receipt, storage, processing or transfer of grass clippings or other yard wastes, branches, stumps, limbs, brush, wood chips derived from tree parts, and/or other non-putrescible, non-food wastes which is regulated separately by ADEM under regulations regarding composting facilities and/or is specifically exempted from solid waste regulations.

(d) Scrap tire processing regulated under Division 335-4 Regulations.

(e) The processing and/or recycling of used oil and/or wastes regulated under Division 335-14 regulations, to include universal waste, provided only used oil and or wastes regulated under Division 335-14 are processed.

(f) Construction or contracting activities which, through the course of such activities generate source-separated recyclable materials to include asphalt, concrete, brick, or block, may store, process, or transfer the material provided all of the following apply:

1. The company or contractor is the generator of the materials.

2. Materials are stored in compliance with all applicable laws and regulations, including stormwater BMP.

3. Materials are stored on-site for a period not to exceed the shorter of one-year from generation or the completion of the construction project.

(g) Solid waste incinerators and waste-to-energy facilities that are regulated subject to the requirements of Division 3 of the ADEM Administrative Code, or similar local air pollution control regulations. These facilities shall be subject to the requirements of Rule 335-13-3-.04.

(4)Variances.

(a) Requests for variances from the requirements of this Chapter must be made in writing to ADEM and shall include sufficient documentation and information to allow ADEM to make a final determination on the variance request. Such documentation and information may include, but not be limited to:

1. A clear and complete statement of the precise extent of the relief sought including specific identification of the particular provisions of the regulations from which the variance is sought.

2. A concise factual statement with supporting evidence, environmental, economic and/or otherwise that establishes the need for the variance.

3. A statement of the impact that the variance will impose on public health and the environment.

4. A description of how granting of the variance will affect operations at the facility.

5. Any additional information as may be requested by the Department as necessary to evaluate the variance request.

6. The timeframe for which the variance is sought, if less than the applicable 3 year period as specified in Rule 335-13-3-.02(4)(d).

(b) ADEM will terminate review of the request if sufficient information is not submitted with the application.

(c) After review of the variance request, ADEM shall notify the applicant of its final decision regarding the request.

(d) A variance granted by ADEM shall be valid for a period of three (3) years. Application for renewal shall be made in writing and submitted to ADEM at least thirty (30) days prior to the expiration date of the current exemption.

(e) If processes or conditions that warranted the variance for the facility change during the term, the facility shall notify ADEM within thirty (30) days of the change. ADEM may terminate the variance on substantive changes to conditions upon which the original variance was granted.

(5)Certification. All applications, reports, requests for variances or exemption shall be signed by a responsible official or representative as follows:

(a) For a corporation, by a principal executive officer of at least the level of vice president, or his designee through a written delegation of this authority.

(b) For a partnership or limited partnership, by a general partner.

(c) For a sole proprietorship, by the proprietor.

(d) For a municipality, State, federal or other public agency to include governmental non-profit organizations, by either a principal executive or ranking elected official.

(e) For a limited liability company, by a manager designated by the members of the limited liability company to manage the limited liability company as provided in the articles of organization.

(f) All applications, reports, requests for variance or exemption shall contain the following statement, to be signed by a responsible official or representative:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

Ala. Admin. Code r. 335-13-3-.02

Repealed: June 21, 1996; effective July 26, 1996. New Rule: Filed June 28, 2010; effective August 2, 2010.

Authors: Phillip D. Davis, M. Gavin Adams

Statutory Authority:Code of Ala. 1975, §§ 22-27-12, 22-27-15, 22-27-16.