Ala. Admin. Code r. 335-14-11-.05

Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-14-11-.05 - Standards for Destination Facilities
(1)Applicability.
(a) The owner or operator of a destination facility (as defined in 335-14-1-.02) is subject to all applicable requirements of Chapters 335-14-5 through 335-14-9 and the notification requirement under Section 3010 of RCRA:
(b) The owner or operator of a destination facility that recycles a particular universal waste without storing that universal waste before it is recycled must comply with 335-14-2-.01(6)(c)2.
(2)Off-site shipments.
(a) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.
(b) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, he must contact the shipper to notify him of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility must:
1. Send the shipment back to the original shipper, or
2. If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.
(c) If the owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility must immediately notify the appropriate regional EPA office and this Department of the illegal shipment, and provide the name, address, and phone number of the shipper. The Department will provide instructions for managing the hazardous waste.
(d) If the owner or operator of a destination facility receives a shipment of non-hazardous, non-universal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal or State of Alabama solid waste regulations.
(3)Tracking universal waste shipments.
(a) The owner or operator of a destination facility must keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, movement document or other shipping document. The record for each shipment of universal waste received must include the following information:
1. The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent;
2. The quantity of each type of universal waste received (e.g., batteries, pesticides, thermostats, lamps);
3. The date of receipt of the shipment of universal waste.
(b) The owner or operator of a destination facility must retain the records described in 335-14-11-.05(3)(a) for at least three years from the date of receipt of a shipment of universal waste.

Ala. Admin. Code r. 335-14-11-.05

New Rule: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 21, 1997; effective March 28, 1997. Amended: Filed February 20, 1998; effective March 27, 1998. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006.
Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/7/2018.

Authors: Amy P. Zachry; Lynn T. Roper; Edwin C. Johnston; Bradley N. Curvin; Vernon H. Crockett

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-14, 22-30-15, 22-30-16.