Ala. Admin. Code r. 335-14-8-.10

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

Section 335-14-8-.10 - Permit Conditions - Transporters

(1)Duty to comply. The permittee must comply with all conditions of the permit, except to the extent and for the duration such noncompliance is authorized in an emergency permit. Any permit noncompliance, except under the terms of an emergency permit, constitutes a violation of the AHWMMA and is grounds for enforcement action, permit termination or for denial of a permit renewal application.

(2)Duty to reapply. If the permittee wishes to continue an activity regulated under a permit issued by the Department, the permittee must apply for and obtain a new permit.

(3)Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the permit conditions.

(4)Noncompliance. In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out all reasonable necessary steps to prevent significant adverse impact on human health or the environment.

(5)Proper operation and maintenance.

(a) The permittee shall at all times properly operate and maintain all equipment which is used by the permittee to achieve compliance with the permit.

(b) Proper operation and maintenance includes effective performance, adequate funding, and adequate operating staffing and training. Proper operation and maintenance also includes the following:

1. Placement of a copy of the permit as required under Rule 335-14-8-.09(1)(d), in each vehicle hauling hazardous waste or used oil in Alabama.

2. Placement of a copy of the Contingency Plan as required under Rule 335-14-8-.09(4)(g), in each vehicle hauling hazardous waste or used oil in Alabama.

3. Demonstration of knowledge of the Contingency Plan as required under Rule 335-14-8-.09(4)(g), by each driver hauling hazardous waste or used oil in Alabama when inspected by the Department.

(6)Permit actions. This permit may be modified or terminated for cause. A request by the permittee to modify the permit, or a notification of anticipated noncompliance, does not stay any permit condition.

(7)Property rights. This permit does not convey any property rights of any sort, or any exclusive privilege.

(8)Duty to provide information. The permittee shall furnish to the Department, within a reasonable time, any relevant information which the Department may request to determine whether any cause exists for modifying or terminating the permit, or to determine compliance with the permit.

(9)Inspection and entry. The permittee shall allow duly designated employees of the Department and the Department's representatives to:

(a) Enter at reasonable times upon the permittee's premises where hazardous waste is loaded, unloaded, stored, or transported, or where records, documents, or information required by these regulations are maintained, or into or on transport vehicles used to transport hazardous waste;

(b) Have access to and copy, at reasonable times, any records, documents, or information that must be kept under the conditions of the permit or these regulations;

(c) Inspect at reasonable times any vehicles, facilities, equipment, practices, or operations regulated or required under the permit; and

(d) Sample or monitor any discharges or suspected discharges of hazardous waste at transfer facilities owned or operated by the permittee.

(10)Anticipated noncompliance. The permittee shall give advance notice to the Department of any activity which may result in noncompliance with the permit.

(11)Transfers. A permit under 335-14-8-.10 is not transferable.

(12)Other information. Where the permittee becomes aware that he failed to submit any relevant facts in a permit application, he shall immediately submit such information to the Department.

Ala. Admin. Code r. 335-14-8-.10

November 19, 1980. Amended: April 9, 1986; February 15, 1988; August 24, 1989. Amended: Filed: November 30, 1994 effective January 5, 1995. Amended: Filed March 9, 2001; effective April 13, 2001. Amended: Filed February 28, 2012; effective April 3, 2012.

Authors: Stephen C. Maurer; C. Lynn Garthright, James T. Shipman

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