Ala. Admin. Code r. 335-13-5-.05

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

Section 335-13-5-.05 - Permit Denial, Suspension or Revocation

(1)Conditions. The Department may deny, suspend or revoke any operating permit if:

(a) The permittee is found to be in violation of any of the permit conditions,

(b) The permittee fails to perform the permitted activity in accordance with the approved permit application, operational plan/narrative or engineering drawings;

(c) The permittee fails to seek a modification of the permit as required by 335-13-5-.06;

(d) An active solid waste landfill stops receiving waste as specified in 335-13-4-.20(2)(f);

(e) An active composting facility stops accepting and processing raw material as specified by 335-13-14-.09(2);

(f) An active CCR facility stops receiving waste as specified by 335-13-15-.07(3)(e); or

(g) The design and/or operations create a nuisance or is inconsistent with the Act or this Division.

(2)Written Notice. In the event of denial, suspension or revocation of an operating permit, the Department shall serve written notice of such action on the permittee and shall set forth in such notice the reason for such action.

(3)Closure. Upon revocation or suspension of the operating permit, or denial of the renewal of the permit, the permittee shall meet the closure requirements found in 335-13-4-.20 for solid waste landfill units, 335-13-14-.09 for composting facilities or 335-13-15-.07 for CCR units.

Ala. Admin. Code r. 335-13-5-.05

Effective: 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: 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 XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Authors: Russell A. Kelly, S. Scott Story, Heather M. Jones

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