Ala. Admin. Code r. 335-13-4-.21

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

Section 335-13-4-.21 - [Effective 12/15/2024] General Operational Standards For Landfill Units

Any person or agency operating or planning to operate a landfill unit shall operate and maintain the facility consistent with this Division. General requirements for operating and maintaining an acceptable landfill unit shall be:

(1)General Operation.

(a) The operation and use of the landfill unit shall be as stipulated in the permit.

(b) Waste accepted at the facility shall be strictly controlled so as to allow only waste stipulated in the permit or otherwise as may be approved by the Department. The permittee of any facility permitted under these rules must have in the operating record a plan describing procedures the permittee will implement for detecting and preventing the disposal of free liquids, regulated hazardous wastes, regulated medical wastes, and regulated PCB wastes at the facility. This plan must include at a minimum:

1. Random inspections of incoming loads to ensure that incoming loads do not contain free liquids, regulated hazardous wastes, regulated medical wastes, or regulated PCB wastes.

2. Inspection of suspicious loads.

3. Records of all inspections to include the origin of waste suspected to be regulated hazardous, regulated medical, or regulated PCB waste if known; transporters, to include transfer stations and all handlers of the waste en route to the disposal site; and any certifications from generators provided to the permittee or facility personnel. These records must be maintained on file in the operating record of the facility.

4. Training of facility personnel to recognize free liquids, regulated hazardous wastes, regulated medical wastes, and regulated PCB wastes.

5. Procedures for notifying the proper authorities if free liquids, regulated hazardous wastes, regulated medical wastes, or regulated PCB wastes are discovered at the facility.

6. Methods to identify all industrial users of the facility, producers of special wastes, and transporters of these wastes.

(c) Prior to disposal of industrial waste and/or medical waste, the permittee shall obtain from each generator a written certification that the material to be disposed does not contain free liquids, regulated hazardous wastes, regulated medical wastes, or regulated PCB wastes.

1. This certification may be based on laboratory analysis of the waste on a case-by-case basis, or documentation supporting the generator's knowledge of the wastestreams(s), or as may be required by the Department.

2. Copies of the certification shall be submitted to the Department for disposal approval and for any specific requirements prior to disposal. After submittal of the required certification, the Department shall have five (5) working days to respond. If no response is given, the permittee may dispose of the material as proposed.

3. In the case of one-time emergency disposal requests, the permittee shall submit the required certification no later than five (5) days after the disposal of waste.

4. Certification shall be renewed or revised biennially (every two years) or at such time that operational changes at the point of generation could render the waste hazardous, whichever is more frequent and submitted to the Department for approval.

5. Copies of these certifications and approvals shall be maintained on file in the operating record of the facility and shall be made available for the Department upon request.

6. The above requirements notwithstanding and, as may otherwise be required, pursuant to Division 13 rules, generators will not be required to submit certification to the Department provided that:

(i) The waste will be disposed of at a non-commercial industrial waste landfill which has been permitted by the Department, and is owned either exclusively or mutually by the generator(s) of the waste, and which disposes of waste generated only by the owner(s);

(ii) The wastestream(s) to be disposed of are specifically described in the Solid Waste Landfill Permit issued by the Department or in the final application as referenced by the permit for the site designated to receive the waste;

(iii) The required certification, as described above, is maintained on-site by the owner(s) of the landfill; and

(iv) The required certification, as described above, is made available for inspection by the Department upon request.

(d) The landfill unit shall be operated in such a manner that there will be no water pollution or unauthorized discharge.

1. Any discharge resulting from a landfill unit or practice may require:

(i) A National Pollutant Discharge Elimination System (NPDES) permit under the Alabama Water Pollution Control Act as issued by the Department.

(ii) A dredge or fill permit from the Army Corps of Engineers as required under Section 404 of the Clean Water Act, as amended; or

(iii) That a non-point source of surface waters does not violate an area wide or statewide water quality management plan that has been approved under the Alabama Water Pollution Control Act.

2. The groundwater shall not be contaminated as specified by this Division.

(e) The historic and certified disposal areas shall be identified with a sufficient number of permanent markers which are at least visible from one marker to the next.

(f) Measuring or weighing devices shall be required for all municipal solid waste landfill units accepting solid waste. All solid waste shall be properly measured or weighed prior to disposal unless otherwise approved by the Department.

(g) Deep rooted vegetation (with roots that may grow below the six inch erosion layer) shall be prohibited as vegetative cover.

(h) With the exception of very small quantity generator waste disposed of in municipal solid waste landfills, regulated hazardous waste, as defined by Division 14 of the ADEM Administrative Code, is prohibited from disposal in a non-hazardous landfill unit.

(i) Except as provided in paragraph 1. below, a landfill shall not dispose of whole tires after December 31, 2026. Whole tires shall at a minimum be shredded or cut into quarters 2027. Whole tires shall at a minimum be shredded or cut into thirds or smaller pieces prior to disposal.

1. Incidental whole tires received in loads of solid waste may be disposed, provided the whole tires constitute a de minimis portion of the overall load of waste.

2. "De minimis" refers to a small amount of material or number of items, as applicable, commingled and incidentally disposed of with other solid waste.

(2)Open Burning.

(a) Open burning of solid waste at any landfill unit is prohibited unless approved by the Department as follows:

1. Clearing debris at the landfill unit such as trees and stumps may be burned if prior approval is received from the Department and the Alabama Forestry Commission.

2. Emergency clean-up debris resulting from catastrophic incidents may be burned at a permitted landfill unit if consistent with the intent of this Division and air pollution control requirements. Prior approval must be received from this Department and other appropriate agencies.

3. If approved, the burning shall not occur over previously filled areas or within 200 feet of existing disposal operations unless otherwise specified by the Department and such burning shall not cause a public nuisance or pose a threat to public health.

(b) The person or agency requesting permission to burn solid waste shall apply in writing to the Department, outlining why a burn request should be granted. This request should include, but not be limited to, specifically what areas will be utilized, types of waste to be burned, the projected starting and completion dates for the project, and the projected days and hours of operation.

Ala. Admin. Code r. 335-13-4-.21

November 18, 1981; Amended: March 31, 1988 (Emergency Regulations); July 21, 1988; October 2, 1990. Amended: Filed September 28, 1993; effective November 2, 1993. Amended: Filed June 21, 1996; effective July 26, 1996.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 6/8/2018.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 10, July 31, 2019, eff. 7/9/2019.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Amended by Alabama Administrative Monthly Volume XLIII, Issue No. 01, October 31, 2024, eff. 12/15/2024.

Author: Russell A. Kelly, S. Scott Story, Heather M. Jones, Jason Wilson

Statutory Authority:Code of Ala. 1975, §§ 22-22A-5, 22-27-3, 22-27-4, 22-27-7, 22-27-47, 22-27-48.