Ala. Admin. Code r. 335-13-3-.04

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

Section 335-13-3-.04 - Storage And Accumulation Limitations

(1)Storage Limit. As determined on a yearly basis, each registered facility shall transfer at least 75% of the amount of material accumulated that is diverted from the solid waste stream or processed for recycling. Each facility in operation on the effective date of these regulations shall demonstrate through sufficient documentation that it is in compliance with the 75% requirement for the year of the effective date of these regulations. Each new facility beginning operation after the effective date of these regulations shall meet this storage limit for that portion of the year in which the facility begins receiving materials for recycling or processing.

(a) Each facility shall maintain records of all materials received by and shipped from the facility regardless of material type, origin or destination, in accordance with the requirements of Rule 335-13-3-.04.

(b) Such records shall be available for inspection by the Department. Upon written notice, copies of these records shall be submitted to the Department.

(c) For the purposes of this section the term "year" shall be the calendar year commencing on January 1 and ending on December 31.

(2) A registered facility may request a temporary exemption from this requirement, by submitting such a written request to the Department within forty-five (45) days after the accumulation time-frame has been exceeded. Such request shall contain the following:

(a) Material(s) type, quantity, and current method of segregation and storage.

(b) Efforts to move material to an end-use destination including names and phone numbers of end-user contacts.

(c) Estimate of additional quantities of material(s) type to be accepted.

(d) The following statement, certified by the responsible official or representative:

"I hereby certify as an owner, operator or responsible person associated with the named facility, that the information supplied and statements made in this request are true and accurate, and that failure to comply with the 75% requirement is not due to speculative accumulation or in violation of other requirements of this Chapter. Furthermore, I understand that continued non-compliance with the 75% requirement may result in the facility registration being revoked, and/or enforcement action by the Department, including substantial civil penalties being imposed."

(3) Such exemption shall be valid for a period determined by the Department, but not to exceed one year. Extensions of the exemption beyond one year are subject to review and approval by the Department and must be requested in writing by the registered facility in accordance with the requirements of Rule 335-13-3-.04(2).

(4) Continued non-compliance with the storage time limit requirement may result in the revocation of the facility registration and/or enforcement action by the Department which may include civil penalties and/or a requirement for disposal of the accumulated materials in accordance with this Chapter.

(5) Records must be maintained in a sufficient manner as to be used to verify facility compliance with the seventy-five percent (75%) rate required by this section.

Ala. Admin. Code r. 335-13-3-.04

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.