Ala. Admin. Code r. 335-14-3-.01

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

Section 335-14-3-.01 - General

(1)Purpose, scope, and applicability.

(a)335-14-3 establishes standards for generators of hazardous waste as defined in 335-14-1-.02(1) and generators of other waste destined for disposal at commercial hazardous waste disposal facilities located in the State of Alabama.

1. A person who generates a hazardous waste as defined in 335-14-2 is subject to all the applicable independent requirements listed below:

(i) Independent requirements of a very small quantity generator include those found in 335-14-3-.01(2)(a) through (d) and 335-14-3-.01(3);

(ii) Independent requirements of a small quantity generator include those found in:

(I)335-14-3-.01(2) Hazardous waste determination and recordkeeping;

(II)335-14-3-.01(3) Generator category determination;

(III)335-14-3-.01(8) EPA identification numbers and re-notification for small quantity generators and large quantity generators;

(IV)335-14-3-.02 Manifest requirements applicable to small and large quantity generators;

(V)335-14-3-.03 Pre-transport requirements applicable to small and large quantity generators;

(VI)335-14-3-.04(1) Recordkeeping;

(VII)335-14-3-.04(5) Recordkeeping for small quantity generators; and

(VIII)335-14-3-.09 Transboundary movements of hazardous waste for recovery or disposal.

(iii) Independent requirements of a large quantity generator include those found in:

(I)335-14-3-.01(2) Hazardous waste determination and recordkeeping;

(II)335-14-3-.01(3) Generator category determination;

(III)335-14-3-.01(8) EPA identification numbers and re-notification for small quantity generators and large quantity generators;

(IV)335-14-3-.02 Manifest requirements applicable to small and large quantity generators;

(V)335-14-3-.03 Pre-transport requirements applicable to small and large quantity generators;

(VI)335-14-3-.04 Recordkeeping and reporting applicable to small and large quantity generators, except 335-14-3-.04(5); and

(VII)335-14-3-.09 Transboundary movements of hazardous waste for recovery or disposal.

2. A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of 335-14-3 through 8, unless it is one of the following:

(i) A very small quantity generator that meets the conditions for exemption in 335-14-3-.01(4);

(ii) A small quantity generator that meets the conditions for exemption in 335-14-3-.01(5) and (6); or

(iii) A large quantity generator that meets the conditions for exemption in 335-14-3-.01(5) and (7).

3. A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in 335-14-1-.02, or not otherwise authorized to receive the generator's hazardous waste.

(b)Determining generator category. A generator must use 335-14-3-.01(3) to determine which provisions of 335-14-3 are applicable to the generator based on the quantity of hazardous waste generated per calendar month.

(c) [Reserved]

(d) Any person who exports or imports hazardous wastes must comply with 335-14-3-.01(8) and 335-14-3-.09.

(e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in 335-14-3.

(f) A farmer who generates waste pesticides which are hazardous waste and who complies with all the requirements of 335-14-3-.07(1) is not required to comply with other standards in 335-14-3 or in Chapters 335-14-5, 335-14-6, 335-14-8, or 335-14-9 with respect to such pesticides.

(g)

(1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under section 3008 of RCRA and Code of Alabama 1975, § 22-30-19(a).

(2) A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under section 3008 of RCRA and Code of Alabama 1975 § 22-30-19(a), as a violation of a 335-14-3 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in 335-14-5 through 335-14-8, and the notification requirements of section 3010 of RCRA. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under section 3008 of RCRA.

(h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in 335-14-3.

(i) Persons responding to an explosives or munitions emergency in accordance with 335-14-5-.01(1)(g)8.(i)(IV) or (iv) or 335-14-6-.01(1)(c)11.(i)(IV) or (iv), and 335-14-8-.01(1)(c)3. (i)(IV) or (iii) are not required to comply with the standards of 335-14-3.

(j) [Reserved]

(k) [Reserved]

(l) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of 335-14-3-.12 are not subject to ("laboratory" and "eligible academic entity" shall have the meaning as defined in 335-14-1-.02) :

1. The independent requirements of 335-14-3-.01(2) or 335-14-3-.01(5), for large quantity generators and small quantity generators, except as provided in 335-14-3-.12, and

2. The conditions of 335-14-3-.01(4), for very small quantity generators, except as provided in 335-14-3-.12.

[Note: A generator who treats, stores, or disposes of hazardous waste on-site must comply with the applicable standards and permit requirements set forth in Chapters 335-14-5, 335-14-6, 335-14-7, 335-14-8, and 335-14-9.]

(m) All reverse distributors (as defined in 335-14-1-.02) are subject to 335-14-7-.16 for the management of hazardous waste pharmaceuticals in lieu of 335-14-3.

(n) Each healthcare facility (as defined 335-14-1-.02) must determine whether it is subject to 335-14-7-.16 for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and nonpharmaceutical hazardous waste). A healthcare facility that generates more than 100 kg (220 pounds) of hazardous waste per calendar month, or more than 1 kg (2.2 pounds) of acute hazardous waste per calendar month, or more than 100 kg (220 pounds) per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in 335-14-2-.04(2) or 335-14-2-.04(4), is subject to 335-14-7-.16 for the management of hazardous waste pharmaceuticals in lieu of 335-14-3. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to 335-14-3-.01(4) and is not subject to 335-14-7-.16, except for 335-14-7-.16(5) and (7) and the optional provisions of 335-14-7-.16(4).

(o) The generators of other waste destined for disposal at commercial hazardous waste disposal facilities located in the State of Alabama must only comply with 335-14-3-.08.

(2)Hazardous waste determination and recordkeeping. A person who generates a solid waste, as defined in 335-14-2-.01(2), must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable AHWMMA regulations. A hazardous waste determination is made using the following steps:

(a) The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the AHWMMA classification of the waste may change.

(b) A person must determine whether the solid waste is excluded from regulation under 335-14-2-.01(4).

(c) If the waste is not excluded under 335-14-2-.01(4), the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under 335-14-2-.04. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition in accordance with 335-14-1-.03(2) to demonstrate to the Department that the waste from this particular site or operation is not a hazardous waste.

(d) A person must also determine whether the waste exhibits one or more hazardous characteristics as identified in 335-14-2-.03 by following 335-14-3-.01(2)(d)1., 335-14-3-.01(2)(d)2., or a combination of both.

1. The person must apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge may include process knowledge (e.g., information about chemical feedstocks and other inputs to the production process); knowledge of products, byproducts, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste; testing that illustrates the properties of the waste; or other reliable and relevant information about the properties of the waste or its constituents. A test other than a test method set forth in 335-14-2-.03, or an equivalent test method approved under 335-14-1-.03, may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined in 335-14-1-.02.

2. When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in 335-14-2-.03 or according to an equivalent method approved by the Department under 335-14-1-.03 and in accordance with the following:

(i) Persons testing their waste must obtain a representative sample of the waste for the testing, as defined in 335-14-1-.02.

(ii) Where a test method is specified in 335-14-2-.03, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste.

(e) If the waste is determined to be hazardous, the generator must refer to Chapters 335-14-2, 335-14-5, 335-14-6, 335-14-7, 335-14-9, and 335-14-11 for possible exclusions or restrictions pertaining to management of the specific waste.

(f)Recordkeeping for small and large quantity generators.

1. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste under 335-14-2-.01(3).

2. Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generator's knowledge of the waste and support the generator's determination in accordance with 335-14-3-.01(2)(c) and (d).

3. The records must include, but are not limited to, the following types of information:

(i) The results of any tests, sampling, waste analyses, or other determinations made in accordance with this section;

(ii) Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests;

(iii) Records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and

(iv) Records which explain the knowledge basis for the generator's determination in accordance with 335-14-3-.01(2)(d)(1). The periods of record retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.

4. In addition to the records described in 335-14-3-.01(2)(f)1. through 3., a small or large quantity generator must maintain sufficient documentation to demonstrate the quantity of hazardous waste generated each calendar month. This documentation must be retained on-site for at least three years from the date the waste was generated.

(g)Identifying hazardous waste numbers for small and large quantity generators. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in 335-14-2-.03 and .04. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to 335-14-3-.03(3).

(3)Generator Category Determination. A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in 335-14-1-.02.

(a)Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:

1. Counting the total amount of hazardous waste generated in the calendar month;

2. Subtracting from the total any amounts of waste exempt from counting as described in 335-14-3-.01(3)(c) and (d); and

3. Determining the resulting generator category for the hazardous waste generated using Table 1.

(b)Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and nonacute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following:

1. Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month;

2. Subtracting from each total any amounts of waste exempt from counting as described in 335-14-3-.01(3)(c) and (d);

3. Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1; and

4. Comparing the resulting generator categories from 335-14-3-.01(3)(b)3. and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month.

Table 1

Generator Categories Based on Quantity of Waste Generated in a Calendar Month

Quantity of acute hazardous waste generated in a calendar month	Quantity of nonacute hazardous waste generated in a calendar month	Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month	Generator category
> 1 kg	Any amount	Any amount	Large quantity generator.
Any amount	[GREATER THAN EQUAL TO] 1,000 kg	Any amount	Large quantity generator.
Any amount	Any amount	>100 kg	Large quantity generator.
[LESS THAN EQUAL TO] 1 kg	> 100 kg and < 1,000 kg	[LESS THAN EQUAL TO] 100 kg	Small quantity generator.
[LESS THAN EQUAL TO] 1 kg	[LESS THAN EQUAL TO] 100 kg	[LESS THAN EQUAL TO] 100 kg	Very small quantity generator.

(c) When making the monthly quantity-based determinations required by 335-14-3-.01(3), the generator must include all hazardous waste that it generates, except hazardous waste that:

1. Is exempt from regulation under 335-14-2-.01(4)(c) through (f), 335-14-2-.01(6)(a)3., 335-14-2-.01(7)(a)1., or 335-14-2-.01(8);

2. Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 335-14-1-.02;

3. Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 335-14-2-.01 (6(c)2;

4. Is used oil managed under the requirements of 335-2-.01(6)(a)4. and 335-14-17;

5. Is spent lead-acid batteries managed under the requirements of 335-14-7-.07;

6. Is universal waste managed under 335-14-2-.01(9) and 335-14-11;

7. Is a hazardous waste that is an unused commercial chemical product (listed in 335-14-2-.04 or exhibiting one or more characteristics in 335-14-2-.03) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity, as defined in 335-14-1-.02(1)(a), pursuant to 335-14-3-.12(14). For the purposes of this provision, the term eligible academic entity shall have the meaning as defined in 335-14-1-.02(1)(a); or

8. Is managed as part of an episodic event in compliance with the conditions of 335-14-3-.13.

9. Is a hazardous waste pharmaceutical, as defined in 335-14-1-.02, that is subject to or managed in accordance with 335-14-7-.16 or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under 335-14-7-.16(6).

(d) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include:

1. Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once;

2. Hazardous waste generated by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; and

3. Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on site, so long as such spent materials have been previously counted once.

(e) Based on the generator category as determined under 335-14-3-.01(3), the generator must meet the applicable independent requirements listed in 335-14-3-.01(1). A generator's category also determines which of the provisions of 335-14-3-.01(4) through (7) must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.

(f)Mixing hazardous wastes with solid wastes.

1.Very small quantity generator wastes.

(i) Hazardous wastes generated by a very small quantity generator may be mixed with solid wastes. Very small quantity generators may mix a portion or all of its hazardous waste with solid waste and remain subject to 335-14-3-.01(4) even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator under 335-14-1-.02, unless the mixture exhibits one or more of the characteristics of hazardous waste identified in 335-14-2-.03.

(ii) If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly-generated hazardous waste. The very small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories under 335-14-1-.02. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator must meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator must also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.

(iii) If a very small quantity generator's wastes are mixed with used oil, the mixture is subject to 335-14-17. Any material produced from such a mixture by processing, blending, or other treatment is also subject to the requirements of 335-14-17.

2.Small quantity generator and large quantity generator wastes.

(i) Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule in 335-14-2-.01(3)(a)2. (iv), (b)2. and (b)3., and (g)2.(i); the prohibition of dilution rule at 335-14-9-.01(3); the land disposal restriction requirements of 335-14-9-.04(1) if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement at 335-14-3-.01(2).

(ii) If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly-generated hazardous waste. A small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories under 335-14-1-.02. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator must meet the conditions for exemption applicable to a large quantity generator. The small quantity generator must also comply with the applicable independent requirements for a large quantity generator.

(4)Conditions for exemption for a very small quantity generator.

(a) Provided that the very small quantity generator meets all the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements of 335-14-3 [except 335-14-3-.01(1) through (4)] through 335-14-9, and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. The conditions for exemption are as follows:

1. In a calendar month the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator" in 335-14-1-.02;

2. The very small quantity generator complies with 335-14-3-.01(2)(a) through (d);

3. If the very small quantity generator accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 335-14-2-.04(2) or 335-14-2-.04(4)(e), all quantities of that acute hazardous waste are subject to the following additional conditions for exemption:

(i) Such waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided above; and

(ii) The conditions for exemption in 335-14-3-.01(7)(a) -(g).

4. If the very small quantity generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of nonacute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption:

(i) Such waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided above;

(ii) The quantity of waste accumulated on site never exceeds 6,000 kilograms (13,200 lbs); and

(iii) The conditions for exemption in 335-14-3-.01(6)(b)2. through (6)(f).

5. A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in 335-14-3-.01(4)(a)3. through 4. must either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:

(i) Permitted under 335-14-8;

(ii) In interim status under 335-14-6 and 335-14-8;

(iii) Authorized to manage hazardous waste by, either, another state with a hazardous waste management program approved under 40 CFR Part 271, or by EPA under 40 CFR Part 264, Part 265 or Part 270, if in a state without a hazardous waste management program approved under 40 CFR Part 271;

(iv) a landfill permitted to manage municipal solid waste under 335-13, or a facility permitted, licensed, or registered by another state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR Part 258 ;

(v) a landfill permitted to manage non-municipal solid waste under 335-13, or a facility permitted, licensed, or registered by another state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to the requirements in 40 CFR §§ 257.5 through 257.30;

(vi) A facility which:

(I) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(II) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;

(vii) For universal waste as defined in 335-14-1-.02(1)(a), a universal waste handler or destination facility subject to the requirements 335-14-11, 40 CFR Part 273, or another state universal waste program authorized under 40 CFR Part 271;

(viii) A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:

(I) The very small quantity generator and the large quantity generator are under the control of the same person as defined in 335-14-1-.02. "Control," for the purposes of this rule, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in 335-14-1-.02 shall not be deemed to "control" such generators.

(II) The very small quantity generator marks its container(s) of hazardous waste with:

I. The words "Hazardous Waste" and

II. An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

(ix) A reverse distributor (as defined in 335-14-1-.02), if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility (as defined in 335-14-1-.02).

(x) A healthcare facility (as defined in 335-14-1-.02) that meets the conditions in 335-14-7-.16(2)(l) and 335-14-7-.16(3)(b), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator.

(xi) For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of 335-14-2-.01(4)(j).

(b) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(c) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with 335-14-3-.13 in lieu of 335-14-3-.01(5) -(7).

(d) A very small quantity generator is not required to have an EPA ID number, but may obtain one if desired by complying with the requirements of 335-14-3-.01(8)(d). A very small quantity generator with an existing and active EPA ID number is required to submit ADEM Form 8700-12 annually or deactivate the number by formally notifying the Department in accordance with the requirements of 335-14-3-.01(8)(d)4.

(5)Satellite accumulation area requirements for small and large quantity generators.

(a) A generator may accumulate as much as 55 gallons of nonacute hazardous waste and/or either one quart of liquid acute hazardous waste listed in 335-14-2-.04(2) or 335-14-2-.04(4)(e) or 1 kg (2.2 lbs) of solid acute hazardous waste listed in 335-14-2-.04(2) or 335-14-2-.04(4)(e) in containers at or near any point of generation where wastes initially accumulate which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with the requirements of 335-14-5 through 335-14-8, provided that all of the conditions for exemption in this section are met. A generator may comply with the conditions for exemption in this section instead of complying with the conditions for exemption in 335-14-3-.01(6)(b) or (7)(a), except as required in 335-14-3-.01(5)(a)7. through 8. The conditions for exemption for satellite accumulation are:

1. If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with 335-14-3-.01(6)(b) or (7)(a).

2. The generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

3.Special standards for incompatible wastes.

(i) Incompatible wastes, or incompatible wastes and materials, (see 335-14-6 Appendix V) must not be placed in the same container, unless 335-14-6-.02(8)(b) is complied with.

(ii) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see 335-14-6 Appendix V for examples), unless 335-14-6-.02(8)(b) is complied with.

(iii) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.

4. A container holding hazardous waste must be closed at all times during accumulation, except:

(i) When adding, removing, or consolidating waste; or

(ii) When temporary venting of a container is necessary for the proper operation of equipment, or to prevent dangerous situations, such as build-up of extreme pressure.

5. A generator must mark or label its container with the following:

(i) The words "Hazardous Waste" and

(ii) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

6. A generator who accumulates either acute hazardous waste listed in 335-14-2-.04(2) or 335-14-2-.04(4)(e) or non-acute hazardous waste in excess of the amounts listed in 335-14-3-.01(5)(a) at or near any point of generation must do the following:

(i) Comply within three consecutive calendar days with the applicable central accumulation area regulations in 335-14-3-.01(6)(b) or (7)(a), or

(ii) Remove the excess from the satellite accumulation area within three consecutive calendar days to either a central accumulation area operated in accordance with the applicable requirements in 335-14-3-.01(6)(b) or (7)(a), an on-site interim status or permitted treatment, storage, or disposal facility, or an off-site designated facility; and

(iii) During the three-consecutive-calendar-day period the generator must continue to comply with 335-14-3-.01(5)(a)1. through 5. The generator must mark or label the container(s) holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.

7. All satellite accumulation areas operated by a small quantity generator must meet the preparedness and prevention regulations in 335-14-3-.01(6)(b)8. and emergency procedures at 335-14-3-.01(6)(b)9.

8. All satellite accumulation areas operated by a large quantity generator must comply with 335-14-3-.14.

(b) [Reserved]

(6)Conditions for exemption for a small quantity generator that accumulates hazardous waste. A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 335-14-5 through 335-14-8, provided that all the conditions for exemption listed in this section are met:

(a)Generation. The generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator" in 335-14-1-.02.

(b)Accumulation. The generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in 335-14-3-.01(6)(d) and (e). The following accumulation conditions also apply:

1.Accumulation limit. The quantity of hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200 pounds);

2.Accumulation of hazardous waste in containers.

(i)Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of 335-14-3-.01(6).

(ii)Compatibility of waste with container. The small quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(iii)Management of containers. A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste and must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak. Containers having a capacity greater than 30 gallons must not be stacked over two containers high.

(iv)Inspections. At least weekly, the small quantity generator must inspect central accumulation areas. The small quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors, and comply with 335-14-3-.01(6)(b)2.(i) if deterioration or leaks are detected. The small quantity generator must record inspections in an inspection log or summary that, at a minimum, includes the date and time of the inspection, the name of the inspector, a notation of observations made, and the date and nature of any repairs or other remedial actions. These records must be kept for at least three years from the date of inspection.

(v)Special conditions for accumulation of incompatible wastes.

(I) Incompatible wastes, or incompatible wastes and materials, (see 335-14-6 Appendix V for examples) must not be placed in the same container, unless 335-14-6-.02(8)(b) is complied with.

(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see 335-14-6 Appendix V for examples), unless 335-14-6-.02(8)(b) is complied with.

(III) A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

3.Accumulation of hazardous waste in tanks.

(i) [Reserved]

(ii) A small quantity generator of hazardous waste must comply with the following general operating conditions:

(I) Accumulation of hazardous waste in tanks must comply with 335-14-6-.02(8)(b).

(II) Hazardous wastes must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(III) Uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.

(IV) Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank).

(iii) Except as noted in 335-14-3-.01(6)(b)3.(iv), a small quantity generator that accumulates hazardous waste in tanks must inspect, where present:

(I) Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order;

(II) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;

(III) The level of waste in the tank at least once each operating day to ensure compliance with 335-14-3-.01(6)(b)3.(ii) c.;

(IV) The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and

(V) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.

(iv) A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly, where applicable, the areas identified in 335-14-3-.01(6)(b)3.(iii) a. through e. Use of the alternate inspection schedule must be documented in the generator's operating record. This documentation must include a description of the established workplace practices at the generator.

(v) [Reserved].

(vi) A small quantity generator accumulating hazardous waste in tanks must, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with 335-14-2-.01(3)(c) or (d), that any solid waste removed from its tank is not a hazardous waste, then it must manage such waste in accordance with all applicable provisions of parts 335-14-3 through 335-14-9.

(vii) A small quantity generator must comply with the following special conditions for accumulation of ignitable or reactive waste:

(I) Ignitable or reactive waste must not be placed in a tank, unless 335-14-6-.02(8)(b) is complied with, and the waste is accumulated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react, or the tank is used solely for emergencies.

(II) A small quantity generator which accumulates ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (1977 or 1981) (incorporated by reference in 335-14-1-.02(2)).

(viii) A small quantity generator must comply with the following special conditions for incompatible wastes:

(I) Incompatible wastes, or incompatible wastes and materials, (see 335-14-6 Appendix V for examples) must not be placed in the same tank, unless 335-14-6-.02(8)(b) is complied with.

(II) Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material, unless 335-14-6-.02(8)(b) is complied with.

4.Accumulation of hazardous waste on drip pads. If the waste is placed on drip pads, the small quantity generator must comply with the following:

(i)335-14-6-.23, except 335-14-6-.23(6);

(ii) The small quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad at least once every 90 days are then subject to the 180-day accumulation limit in 335-14-3-.01(6)(b) and 335-14-3-.01(5) if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area; and

(iii) The small quantity generator must maintain on site at the facility the following records readily available for inspection:

(I) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

5.Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator must comply with 335-14-6-.30. The generator must label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain:

(i) The professional engineer certification that the building complies with the design standards specified in 335-14-6-.30(2). This certification must be in the generator's files prior to operation of the unit; and

(ii) The following records by use of inventory logs, monitoring equipment, or any other effective means:

(I) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the 90-day limit, and documentation that the procedures are complied with; or

(II) Documentation that the unit is emptied at least once every 90 days.

(III) Inventory logs or records with the above information must be maintained on site and readily available for inspection.

6.Labeling and marking of containers and tanks.

(i)Containers. A small quantity generator must mark or label its containers with the following:

(I) The words "Hazardous Waste";

(II) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(III) The date upon which each period of accumulation begins is clearly visible for inspection on each container; and

(IV) All appropriate hazardous waste numbers associated with the hazardous waste as specified in 335-14-2-.03 and 335-14-2-.04.

(ii)Tanks. A small quantity generator accumulating hazardous waste in tanks must do the following:

(I) Mark or label its tanks with the words "Hazardous Waste" and all appropriate EPA hazardous waste numbers associated with the waste as specified in 335-14-2-.03 and 335-14-2-.04;

(II) Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(III) Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering; and

(IV) Keep inventory logs or records with the above information on site and readily available for inspection.

7.Land disposal restrictions. A small quantity generator must comply with all the applicable requirements under 335-14-9.

8.Preparedness and prevention.

(i)Maintenance and operation of facility. A small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

(ii)Required equipment. All areas where hazardous waste is either generated or accumulated must be equipped with the items in paragraphs 335-14-3-.01(6)(b)8.(ii) a. through d. Upon approval from the Department, a small quantity generator may omit or substitute one or more items listed in 335-14-3-.01(6)(b)8.(ii) a. if none of the hazards posed by waste handled at the facility could require a particular kind of equipment or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below. A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies.

(I) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

(II) A device, such as a telephone (immediately available at the scene of operations) or a handheld two-way radio, capable of summoning emergency assistance from local law enforcement agencies, fire departments, or State or local emergency response teams;

(III) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and

(IV) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

(iii)Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

(iv)Access to communications or alarm system.

(I) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under 335-14-3-.01(6)(b)8.(ii).

(II) In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph 335-14-3-.01(6)(b)8.(ii).

(v)Required aisle space. The small quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

(vi)Arrangements with local authorities.

(I) The small quantity generator must attempt to make arrangements with the local law enforcement agency, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements. A small quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local law enforcement agency, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals. As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility. Where more than one law enforcement agency or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or law enforcement agency, and arrangements with any others to provide support to the primary emergency authority.

(II) A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.

(III) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality from the requirements to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.

9.Emergency procedures. The small quantity generator complies with the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated:

(i) At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph 335-14-3-.01(6)(b)9.(iv). This employee is the emergency coordinator.

(ii) The small quantity generator must post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste:

(I) The name and emergency telephone number of the emergency coordinator;

(II) Location of fire extinguishers and spill control material, and, if present, fire alarm; and

(III) The telephone number of the fire department, unless the facility has a direct alarm.

(iii) The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;

(iv) The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:

(I) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;

(II) In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup can be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator;

(III) In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include the following information:

(I) The name, address, and U.S. EPA identification number of the small quantity generator;

(II) Date, time, and type of incident (e.g., spill or fire);

(III) Quantity and type of hazardous waste involved in the incident;

(IV) Extent of injuries, if any; and

(V) Estimated quantity and disposition of recovered materials, if any.

10.Employee training. Facility personnel whose duties have a direct effect on hazardous waste management and/or hazardous waste accumulation, whether by direct contact with the hazardous waste or through hazardous waste management activities, must receive training.

(i) The training program must consist of classroom instruction or on-the-job training that teaches employees to perform their duties in a way that ensures the facility's compliance with the requirements of 335-14-3 during normal site operations and emergencies;

(ii) The small quantity generator must maintain at the site documentation that the required training has been administered to and completed by required employees. Documentation of training records must be maintained on-site for a period of at least three years from the date the employee last worked for the generator or until the generator closes, whichever comes first.

(iii) The generator must maintain on-site a written description of the training required under 335-14-3-.01(6)(b)10.

(c)Transporting over 200 miles. A small quantity generator who must transport its waste, or offer its waste for transportation, over a distance of 200 miles or more for offsite treatment, storage or disposal may accumulate hazardous waste on site for 270 days or less without a permit or without having interim status provided that the generator complies with the conditions of 335-14-3-.01(6)(b).

(d)Accumulation time limit extension. A small quantity generator who accumulates hazardous waste for more than 180 days (or for more than 270 days if it must transport its waste, or offer its waste for transportation, over a distance of 200 miles or more) is subject to the requirements of 335-14-5 through 335-14-9 unless it has been granted an extension to the 180-day (or 270-day if applicable) period. Such extension may be granted by the Department if hazardous wastes must remain on site for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(e)Rejected load. A small quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 335-14-5-.05(3) or 335-14-6-.05(3) may accumulate the returned waste on site in accordance with 335-14-3-.01(6)(a) - (d). Upon receipt of the returned shipment, the generator must:

1. Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

2. Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

(f) A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with 335-14-3-.13 in lieu of 335-14-3-.01(7).

(7)Conditions for exemption for a large quantity generator that accumulates hazardous waste. A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of 335-14-5 through 335-14-8, provided that all of the following conditions for exemption are met:

(a)Accumulation. A large quantity generator accumulates hazardous waste on site for no more than 90 days, unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in 335-14-3-.01(7)(b) through (e). The following accumulation conditions also apply:

1.Accumulation of hazardous waste in containers. If the hazardous waste is placed in containers, the large quantity generator must comply with the following:

(i)Air emission standards. The applicable requirements of 335-14-6-.27, .28, and .29;

(ii)Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the large quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of 335-14-3-.01(7);

(iii)Compatibility of waste with container. The large quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be stored, so that the ability of the container to contain the waste is not impaired;

(iv)Management of containers. A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste and must not be opened, handled, or stored in a manner that may rupture the container or cause it to leak. Containers having a capacity greater than 30 gallons must not be stacked over two containers high.

(v)Inspections. At least weekly, the large quantity generator must inspect central accumulation areas. The large quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors. The large quantity generator must record inspections in an inspection log or summary. He must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.

(vi)Special conditions for accumulation of ignitable and reactive wastes.

(I) Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line unless a written approval is obtained from the authority having jurisdiction over the local fire code allowing hazardous waste accumulation to occur within this restricted area. A record of the written approval must be maintained as long as ignitable or reactive hazardous waste is accumulated in this area.

(II) The large quantity generator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to the following: Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator must confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

(vii)Special conditions for accumulation of incompatible wastes.

(I) Incompatible wastes, or incompatible wastes and materials, (see 335-14-6 Appendix V for examples) must not be placed in the same container, unless 335-14-6-.02(8)(b) is complied with.

(II) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see 335-14-6 Appendix V for examples), unless 335-14-6-.02(8) (b) is complied with.

(III) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.

(viii)Containment. Container storage areas must meet the containment requirements of 335-14-6-.09(6).

2.Accumulation of hazardous waste in tanks. If the waste is placed in tanks, the large quantity generator must comply with the applicable requirements of 335-14-6-.10, except 335-14-6-.10(8)(e) and 335-14-6-.10(11), as well as the applicable requirements of 335-14-6-.27, .28, and .29.

3.Accumulation of hazardous waste on drip pads. If the hazardous waste is placed on drip pads, the large quantity generator must comply with the following:

(i)335-14-6-.23;

(ii) The large quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad are then subject to the 90-day accumulation limit in 335-14-3-.01(7)(a) and 335-14-3-.01(5), if the hazardous wastes are being managed in satellite accumulation areas prior to being moved to a central accumulation area; and

(iii) The large quantity generator must maintain on site at the facility the following records readily available for inspection:

(I) A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

(II) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

4.Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the large quantity generator must comply with 335-14-6-.30. The generator must label its containment building with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site, and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704). The generator must also maintain:

(i) The professional engineer certification that the building complies with the design standards specified in 335-14-6-.30(2). This certification must be in the generator's files prior to operation of the unit; and

(ii) The following records by use of inventory logs, monitoring equipment, or any other effective means:

(I) A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with respecting the 90-day limit, and documentation that the procedures are complied with; or

(II) Documentation that the unit is emptied at least once every 90 days.

(III) Inventory logs or records with the above information must be maintained on site and readily available for inspection.

5.Labeling and marking of containers and tanks.

(i)Containers. A large quantity generator must mark or label its containers with the following:

(I) The words "Hazardous Waste";

(II) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(III) The date upon which each period of accumulation begins clearly visible for inspection on each container; and

(IV) All appropriate EPA hazardous waste numbers associated with the hazardous waste as specified in 335-14-2-.03 and 335-14-2-.04.

(ii)Tanks. A large quantity generator accumulating hazardous waste in tanks must do the following:

(I) Mark or label its tanks with the words "Hazardous Waste" and all appropriate EPA hazardous waste numbers associated with the waste as specified in 335-14-2-.03 and 335-14-2-.04;

(II) Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(III) Use inventory logs, monitoring equipment or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering; and

(IV) Keep inventory logs or records with the above information on site and readily available for inspection.

6.Emergency procedures. The large quantity generator must comply with 335-14-3-.14, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators.

7.Personnel training.

(i)Required program.

(I) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with 335-14-3. The large quantity generator must ensure that this program includes all the elements described in the document required under 335-14-3-.01(7)(a)7.(iv).

(II) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.

(III) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

I. Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;

II. Key parameters for automatic waste feed cut-off systems;

III. Communications or alarm systems;

IV. Response to fires or explosions;

V. Response to ground-water contamination incidents; and

VI. Shutdown of operations.

(IV) For facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the conditions of exemption in this section.

(ii) Facility personnel must successfully complete the program required in 335-14-3-.01(7)(a)7.(i) within six months after the date of their employment or assignment to the facility, or to a new position at the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training standards of 335-14-3-.01(7)(a)7.(i).

(iii)Annual Review. Facility personnel must take part in an annual review of the initial training required in 335-14-3-.01(7)(a)7.(i).

(iv)Training Records. The large quantity generator must maintain the following documents and records at the facility:

(I) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;

(II) A written job description for each position listed under 335-14-3-.01(7)(a)7.(iv) a. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;

(III) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under 335-14-3-.01(7)(a)7.(iv) a.;

(IV) Records that document that the training or job experience, required under 335-14-3-.01(7)(a)7.(i) - (iii), has been given to, and completed by, facility personnel.

(v) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.

8.Closure. A large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings, prior to closing a unit at the facility, or prior to closing the facility, must meet the following conditions:

(i)Notification for closure of the facility.

(I)Prior to closure. A large quantity generator who closes a unit, either during the active life of the facility or at closure of the facility, must notify the Department in writing no less than 30 days prior to the expected date of beginning closure. The notification must include:

I. The generator's name, address, and EPA identification number;

II. The date closure is expected to begin, and a timeframe for completing closure activities (not to exceed 180 days);

III. A description of the units to be closed, and a site diagram identifying each unit;

IV. The procedures to be used for closure;

V. The type and maximum volume of hazardous wastes stored in the unit at any time and the associated EPA hazardous waste numbers;

VI. The type and amount of hazardous waste expected to be stored in the unit at the time closure activities are expected to begin;

VII. The conditions of the unit(s) at the time of the notification; and

VIII. Plans for hazardous waste determinations on, and proper management and disposal of, stored wastes, unit components, investigation derived wastes, and decontamination wastes.

(II)After closure. Within 45 Days after completion of closure, the owner or operator must provide a written report documenting the procedures used to comply with the closure performance standards of 335-14-3-.01(7)(a)8.(ii) or (iii). This report shall not be deemed complete without payment of the fee specified in Chapter 335-1-6 of the Department's Administrative Code. If the facility cannot meet the closure performance standards of 335-14-3-.01(7)(a)8.(ii) or (iii), the large quantity generator must notify the Department in writing that it will close as a landfill under 335-14-6-.14(11) in the case of a container, tank or containment building unit(s), or for a facility with drip pads, notify that it will close under the standards of 335-14-6-.23(6).

(III) A large quantity generator may request additional time to clean close, but it must notify the Department in writing within 75 days after the date provided in 335-14-3-.01(7)(a)8. (i) a. to request an extension and provide an explanation as to why the additional time is required.

(ii)Closure performance standards for container, tank systems, and containment building waste accumulation units.

(I) At closure, the large quantity generator must close the waste accumulation unit or facility in a manner that:

I. Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere,

II. Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components (pads, liners, etc.), contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless 335-14-2-.01(3)(d) applies.

III. Any hazardous waste generated in the process of closing either the generator's facility or unit(s) accumulating hazardous waste must be managed in accordance with all applicable standards of 335-14-3, 335-14-4, 335-14-6 and 335-14-9, including removing any hazardous waste contained in these units within 90 days of generating it and managing these wastes in a permitted hazardous waste treatment, storage and disposal facility or interim status facility.

IV. If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in 335-14-3-.01(7)(a)8.(ii) a.(II), then the waste accumulation unit is considered to be a landfill and the generator must close the waste accumulation unit and perform post-closure care in accordance 335-14-6-.14(11). In addition, for the purposes of closure, post-closure, and financial responsibility, such a waste accumulation unit is then considered to be a landfill, and the generator must meet all of the requirements for landfills specified in 335-14-6-.07 and .08.

(iii)Closure performance standards for drip pad waste accumulation units. At closure, the generator must comply with the closure requirements of 335-14-3-.01(7)(a)8.(i) and 335-14-3-.01(7)(a)8.(ii) a.(I) and (III), and 335-14-6-.23(6)(a) and (b).

(iv) The closure requirements of 335-14-3-.01(7)(a)8. do not apply to satellite accumulation areas.

9.Land disposal restrictions. The large quantity generator must comply with all applicable requirements under 335-14-9.

10.Site security. The large quantity generator must prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock into the central accumulation area, unless physical contact with the waste, structures, or equipment will not injure unknowing or unauthorized persons or livestock which may enter the central accumulation area, and disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock into the central accumulation area will not cause a violation of the requirements of 335-14-3.

(i) Unless exempt under 335-14-3-.01(7)(a)10., a large quantity generator must have:

1. A 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or

2. An artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility, and a means to control entry, at all times, through the gates or other entrances to the central accumulation area (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).

(ii) Unless exempt under 335-14-3-.01(7)(a)10., a sign with the legend, "Danger--Unauthorized Personnel Keep Out", must be posted at each entrance to the central accumulation area, and at other locations, in sufficient numbers to be seen from any approach. The legend must be written in English and in any other language predominant in the workplace and the area surrounding the facility, and must be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger-Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.

(b)Accumulation time limit extension. A large quantity generator who accumulates hazardous waste for more than 90 days is subject to the requirements of 335-14-5 through 9, unless it has been granted an extension to the 90-day period. Such extension may be granted by the Department if hazardous wastes must remain on site for longer than 90 days due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the Department on a case-by-case basis.

(c)Accumulation of F006. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, may accumulate F006 waste on site for more than 90 days, but not more than 180 days without being subject to 335-14-5 through 8, provided that it complies with all of the following additional conditions for exemption:

1. The large quantity generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment prior to its recycling;

2. The F006 waste is legitimately recycled through metals recovery;

3. No more than 20,000 kilograms of F006 waste is accumulated on site at any one time; and

4. The F006 waste is managed in accordance with the following:

(i)Unit-specific requirements for F006 waste.

(I) If the F006 waste is placed in containers, the large quantity generator must comply with the applicable conditions for exemption in 335-14-3-.01(7)(a)1.; and/or

(II) If the F006 is placed in tanks, the large quantity generator must comply with the applicable conditions for exemption in 335-14-3-.01(7)(a)2.; and/or

(III) If the F006 is placed in containment buildings, the large quantity generator must comply with 335-14-6-.30, and must have placed its professional engineer certification that the building complies with the design standards specified in 335-14-6-.30(2) in the facility's files prior to operation of the unit. The large quantity generator must maintain the following records:

I. A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the large quantity generator is complying with the procedures; or

II. Documentation that the unit is emptied at least once every 180 days.

(ii) The large quantity generator is exempt from all the requirements in 335-14-6-.07 and .08, except for those referenced in 335-14-3-.01(7)(a)8.

(iii) The date upon which each period of accumulation begins is clearly marked and must be clearly visible for inspection on each container;

(iv) While being accumulated on site, each container and tank is labeled or marked clearly with:

(I) The words "Hazardous Waste" and the EPA hazardous waste number; and

(II) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

(v) The large quantity generator complies with the requirements in 335-14-3-.01(7)(a)6. and 7.

(d)F006 transported over 200 miles. A large quantity generator who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the EPA hazardous waste number F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for offsite metals recovery, may accumulate F006 waste on site for more than 90 days, but not more than 270 days without being subject to 335-14-5 through 335-14-8, if the large quantity generator complies with all of the conditions for exemption of 335-14-3-.01(7)(c)1. through 4.

(e)F006 accumulation time extension. A large quantity generator accumulating F006 in accordance with 335-14-3-.01(7)(c) and (d) who accumulates F006 waste on site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on site is an operator of a storage facility and is subject to the requirements of 335-14-5 through 335-14-8, unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by the Department if F006 waste must remain on site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Department on a case-by-case basis.

(f)Consolidation of hazardous waste received from very small quantity generators. Large quantity generators may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in 335-14-1-.02), without a storage permit or interim status and without complying with the requirements of 335-14-5 through 335-14-9, provided that they comply with the following conditions. "Control" means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to "control" such generators.

1. The large quantity generator notifies the Department at least thirty (30) days prior to receiving the first shipment from a very small quantity generator(s) using ADEM Form 8700-12; and

(i) Identifies on the form the name(s) and site address(es) for the very small quantity generator(s) as well as the name and business telephone number for a contact person for the very small quantity generator(s); and

(ii) Submits an updated ADEM Form 8700-12 within 30 days after a change in the name or site address for the very small quantity generator.

2. The large quantity generator maintains records of shipments for three years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.

3. The large quantity generator complies with the independent requirements identified in 335-14-3-.01(1)(a)1.(iii) and the conditions for exemption in 335-14-3-.01(7) for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in 335-14-3-.01(7)(a)5., the large quantity generator must label the container or unit with the date accumulation started (i.e., the date the hazardous waste was received from the very small quantity generator). If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.

(g)Rejected load. A large quantity generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 335-14-5-.05(3) or 335-14-6-.05(3) may accumulate the returned waste on site in accordance with 335-14-3-.01(7)(a) and (b). Upon receipt of the returned shipment, the generator must:

1. Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

2. Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.

(8)EPA identification numbers and re-notification for small quantity generators and large quantity generators.

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Department.

(b) A generator who has not received an EPA identification number may obtain one by applying to the Department using the ADEM Form 8700-12. Upon receiving the request, the Department will assign an EPA identification number to the generator. A generator shall file a new ADEM Form 8700-12 if the generator changes physical location.

[Note: EPA identification numbers are location specific and cannot be transferred from one individual generation site to another.]

(c) A generator must not offer his hazardous waste to transporters that have not received an EPA identification number and an Alabama Hazardous Waste Transport Permit or to treatment, storage, or disposal facilities that have not received an EPA identification number and an Alabama Hazardous Waste Facility Permit or interim status pursuant to 335-14-8-.07 (or, in the case of out-of-state facilities, a permit valid in the receiving state).

(d)Annual notification of regulated waste activity and certifications of waste management.

1. A large quantity generator or small quantity generator must submit a correct and complete ADEM Form 8700-12 (including all appropriate attachment pages and fees) reflecting current waste activities to the Department annually. The Department must receive the ADEM Form 8700-12 (including all appropriate attachment pages and fees) no later than the 15th day of the specified month in the specified month schedule located at 335-14-1-.02(1)(a).

2. Except as provided by 335-14-3-.13, generators which anticipate an increase in hazardous waste generation in amounts significant enough to cause a change to a higher generator classification should notify for the higher classification during the annual notification period (i.e., if a generator typically operates as a small quantity generator, but anticipates being a large quantity generator for any period during the year, they should notify as a large quantity generator). However, if a generator chooses not to notify at the higher classification or fails to anticipate an increase in hazardous waste generation that would change their generator status, a notification must be submitted to the Department at the time of the increase.

[Note: If a generator notifies at a level higher than their actual generator status, the generator will be required to comply with all the applicable requirements of that higher generator classification. Alternatively, the generator has the option to submit multiple ADEM Form 8700-12 notifications (including all appropriate attachment pages and fees) each time their generator status changes, and comply with the requirements applicable to their actual monthly generator status.]

3. A very small quantity generator is not required to obtain an EPA ID number, but may do so by complying with 335-14-3-.01(8)(b). A very small quantity generator with an existing and active EPA ID number is required to submit ADEM Form 8700-12 annually in accordance with 335-14-3-.01(8)(d)1.

4. A very small quantity generator that has an EPA ID number and wants to stop using it for their site may send a letter to the Department requesting that the ID number be deactivated. The deactivated ID cannot be used by the generator for any purpose after that point.

[Note: The ADEM Form 8700-12, Notification of Regulated Waste Activity, is not complete without payment of all the appropriate fees specified in Chapter 335-1-6 of the ADEM Administrative Code.]

(e) A recognized trader must not arrange for import or export of hazardous waste without having received an EPA identification number from the Department.

Ala. Admin. Code r. 335-14-3-.01

November 19, 1980. Amended: April 9, 1986; August 24, 1989; December 21, 1989; December 6, 1990; January 25, 1992; January 1, 1993. Amended: Filed November 30, 1994; effective January 5, 1995. Amended: Filed December 8, 1995; effective January 12, 1996. Amended: Filed February 2, 1996; effective March 8, 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 March 13, 2003; effective April 17, 2003. Amended: Filed February 24, 2005; effective March 31, 2005. Amended: Filed February 28, 2006; effective April 4, 2006. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Filed February 23, 2011; effective March 30, 2011. Amended: Filed February 28, 2012; effective April 3, 2012.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 05, February 28, 2017, eff. 3/31/2017.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/6/2018.

Amended by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/6/2019.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 07, April 28, 2023, eff. 6/12/2023.

Author: Sonja B. Favors; Brent A. Watson; Jonah L. Harris

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-13, 22-30-14.