Ala. Admin. Code r. 335-4-1-.05

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

Section 335-4-1-.05 - General

(1)Gender and Number.

(a) Words in the masculine gender also include the feminine and neuter genders.

(b) Words in the singular include the plural.

(c) Words in the plural include the singular.

(2) All scrap tires shall be processed and disposed of in a manner consistent with the requirements of 335-4.

(3) The following tires are exempt from regulation under 335-4:

(a) Tires used on devices moved exclusively by human power.

(b) Solid tires manufactured from plastic or rubber.

(c) Tires used on medical and health care devices, such as wheelchairs, gurneys, battery-assisted transportation devices and others as may be exempted under 335-4-1-.05(3)(d).

(d) Other tires as may be approved by ADEM on a case-by-case basis.

(4)Scrap Tire Environmental Fee. A tire dealer selling replacement tires, whether or not the tires are mounted on a rim or wheel, shall collect the Scrap Tire Environmental Fee at a rate of one dollar ($1.00) per tire. The Alabama Department of Revenue (ADOR) shall specify how the fee is to be submitted.

(a) Used tires are subject to the Scrap Tire Environmental Fee.

(b) Recall tires are not subject to the Scrap Tire Environmental Fee.

(c) Warranty tires are subject to the Scrap Tire Environmental Fee, except those replaced at no charge due to a manufacturing defect.

(5)Vector Control Plans. A Vector Control Plan required to be developed by a person remediating scrap tire sites or storing tire materials shall be prepared and implemented to protect public health and welfare by controlling mosquitoes and rodents. The Vector Control Plan may be required to contain all of the following, but at a minimum shall be required to contain (c), (d), (e) and (f) below:

(a) A list of all vectors that may be associated with the scrap tire site or facility.

(b) A description of surveillance and monitoring techniques appropriate for the type of vectors expected, and a schedule for surveillance and monitoring.

(c) A description of preventative treatments, including larvicides and adulticides, and a schedule of the treatments.

(d) A list of the chemicals to be used, including a copy of all labels or Safety Data Sheets.

(e) A copy of a contract with a licensed pest control operator who will perform the inspections, treatments, monitoring and surveillance, or a narrative of how the facility will perform these functions.

(f) A legible log of the dates that the pest control operator, or other designated person, applied preventative treatments to scrap tires exposed to the elements.

(6)Inspection of Facilities or Vehicles.

(a) A receiver, processor, fuel user, processor exempt in 335-4-3-.02, or transporter shall, upon request of an authorized enforcement officer, permit the enforcement officer to enter, at all reasonable times, property and buildings relating to past, present, and future management of scrap tires and allow the representative to inspect facilities, equipment, vehicles, or the operating record, and to conduct monitoring and sampling activities. The inspections may be unannounced, and a written report prepared by the enforcement officer shall be provided to the authorized representative of the facility.

(b) The facility may be required to prepare certain items for inspection upon the request of an authorized enforcement officer.

(7)Electronic Records and Retention. Electronic versions of records may be maintained in the operating record in accordance with Code of Alabama 1975, § 8-1A-12 and must provide that:

(a) The electronic storage medium is of sufficient quality to maintain the record in viewable form within at least five (5) years.

(b) The electronic information is indexed and filed so it is easily accessible to an authorized enforcement officer when reviewing records.

(c) The appropriate electronic viewing device is made available to ADEM upon request to review records. All required documents shall be made available in a format acceptable to the Department upon request.

(8) The Department may grant variances to these rules in accordance with 335-4-11.

Ala. Admin. Code r. 335-4-1-.05

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes

Statutory Authority:Code of Alabama 1975, §§ 22-40A-1et seq.