Ala. Admin. Code r. 335-14-8-.09

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

Section 335-14-8-.09 - Permit Application - Transporters

(1)General application requirements.

(a) Any person who is required to have an Alabama Hazardous Waste Transport Permit or Alabama Used Oil Transport Permit, including new applicants and permittees with expiring permits, shall complete, sign, and submit an application to the Department as described in 335-14-8-.09.

1. A transporter with an Alabama Hazardous Waste Transport Permit may also transport used oil, so long as the transportation of used oil is conducted in accordance with the requirements of Rule 335-14-17-.05

2. A transporter with an Alabama Used Oil Transport Permit may not transport hazardous waste without first applying for, and receiving, an Alabama Hazardous Waste Transport Permit.

(b) The Department shall not issue a permit before receiving a complete application for a permit except for emergency permits. An application for a permit is complete when the Department receives an application and any supplemental information which are completed to the Department's satisfaction.

(c) All applicants shall provide the information set forth in 335-14-8-.09(4).

(d) No applicant shall begin hazardous waste or used oil transportation activities prior to the granting of the appropriate permit by the Department except as directed by the Department during emergency response.

(e) Any transporter with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit.

(f) Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted to the Department for at least 3 years from the date the application is signed unless the Department extends the time period.

(2)Signatories to permit applications.

(a) All permit applications shall be signed as follows:

1. For a corporation, by a responsible corporate officer. For the purpose of 335-14-8-.09(2), a responsible corporate officer means:

(i) A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy making or decision making functions for the corporation;

2. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or

3. For a municipality, State of Alabama, Federal, or other public agency by either a principal executive officer or ranking elected official.

(b) Any person signing a permit application under 335-14-8-.09 shall make the following certification:

"I certify under penalty of law that this permit application and all attachments were prepared under my direction or supervision in a manner to assure that qualified personnel gather and evaluate the information submitted. Based on my inquiry of the person(s) who gathered and evaluated the information and of the person(s) responsible for managing the regulated activity, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. I understand that it is my responsibility to notify the Department within forty-five (45) days of changes in information in the current permit application."

(3)Confidentiality. An applicant may claim information submitted as confidential if the information is protectable under Code of Ala. 1975, § 22-30-18, as amended. The term "trade secret" as used in § 22-30-18 is defined in Code of Ala. 1975, § 22-30-3(12).

(4)Contents of the permit application. The permit application under 335-14-8-.09 shall include the following information:

(a) Name, address, telephone number, and EPA identification number of the applicant;

(b) Address(es) and telephone number(s) of any transfer facilities operated by the applicant in Alabama;

(c) A description of the type and scope (numbers and types of vehicles) of operation proposed;

(d) EPA Hazardous Waste Numbers (if applicable), as set out in Chapter 335-14-2, and type of waste (liquids, solids, sludges, gases, dusts, used oil, or others) expected to be transported by the applicant;

(e) A listing of any other environmental permits or authorities granted to the applicant;

(f) Name, address, and telephone number where information, reports, and documents required to be maintained by these regulations may be inspected;

(g) A contingency plan indicating how the applicant will respond to the "worst case" discharge of hazardous waste or used oil, as applicable, during loading, transport, and unloading in order to assure that such discharge does not present a hazard to human health or the environment;

(h) Proof of financial assurance as required under Rule 335-14-4-.04 or 335-14-17-.05(4), whichever is greater in the case of transporters handling both used oil and hazardous waste; and

(i) Evidence of training programs, including a detailed outline of the training programs, undertaken by drivers and other personnel involved with the handling and transportation of hazardous waste and/or used oil, as applicable.

Ala. Admin. Code r. 335-14-8-.09

November 19, 1980. Amended: April 9, 1986; August 24, 1989. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed February 28, 2012; effective April 3, 2012.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 05, February 28, 2018, eff. 4/7/2018.

Authors: Stephen C. Maurer; James T. Shipman; C. Edwin Johnston; Vernon H. Crockett

Statutory Authority:Code of Ala. 1975, §§ 22-30-11, 22-30-12, 22-30-15.