Ala. Admin. Code r. 335-4-2-.02

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

Section 335-4-2-.02 - Site Ranking System

A site ranking system shall be used to determine priority for remediating existing scrap tire sites utilizing STF monies. Higher ranking sites will be remediated before lower ranking sites. Sites with greater than 25,000 tires shall qualify as large sites and sites with 25,000 tires or less shall qualify as small sites. Large sites and small sites shall be ranked separately utilizing the factors set out below.

(a)Large Scrap Tire Sites. The following factors shall be considered in determining priority ranking or large sites:

1. Human and animal infection or disease threats, including:

(i) The presence or threat of vectors that may cause the following infections or diseases:

(I) West Nile Virus.

(II) Eastern Equine Encephalitis.

(III) Other infection or disease threats as determined in conjunction with ADPH and CDC.

(ii) The presence of an infection or disease threat in 335-4-2-.02(a)1. as reported by ADPH or CDC, in the form of:

(I) Human mortality confirmed in area.

(II) Human infection confirmed in area.

(III) Animal mortality confirmed in area.

(IV) Animal infection confirmed in area.

2. Estimated Quantity of Scrap Tires.

(i) Greater than 3,000,000.

(ii) Greater than 1,000,000.

(iii) Greater than 250,000.

(iv) Greater than 25,000.

3. Proximity of a Scrap Tire Site to:

(i) Schools, hospitals, and nursing homes.

(ii) Churches, businesses, residential areas, recreational areas and other populated structures or areas.

(iii) Public water supply systems or sources, or coastal area beaches and dunes.

(iv) Gas pipelines, electrical power lines, phone lines, and cable lines.

(v) Roadways, railroads, and other transportation resources.

(vi) Other structures or areas.

4. Fire Hazards.

(i) Lack of availability of adequate fire protective equipment or services.

(ii) Height and width of scrap tire pile.

(iii) Inadequate fire lanes.

(iv) Inadequate access control.

(b)Small Scrap Tire Sites. The following factors shall be considered in determining priority ranking of small sites.

1. Human and animal infection or disease, including:

(i) The presence of an infection or disease as reported by ADPH or CDC, in the form of West Nile Virus, Eastern Equine Encephalitis, or other infection or disease as determined by ADPH or CDC, as follows:

(I) West Nile Virus.

(II) Eastern Equine Encephalitis.

(III) Other infection or disease.

2. Estimated Quantity of Scrap Tires.

(i) Greater than 15,000 to 25,000.

(ii) Greater than 5,000.

(iii) Greater than 1,000.

(iv) 1,000 or less.

3. Proximity of a Scrap Tire Site to:

(i) Schools, hospitals and nursing homes.

(ii) Churches, businesses, residential areas, recreational areas, and other populated areas or structures.

(iii) Public water supply systems or sources, or coastal area beaches and dunes.

4. Fire Hazards.

(i) Lack of availability of adequate fire protective equipment or services.

(ii) Location and composition of scrap tire materials piles.

5. Other factors.

(c)Mixed Waste Sites. In the case of sites with mixed wastes, the following may apply:

1. Sites with mixed wastes may be determined to be ineligible for cleanup utilizing the STF if scrap tires and tire materials are a small percentage of wastes present. The STF may be utilized to clean up the entire site, only the portion of the site that contains tires/tire materials, or only the tires/tire materials present.

2. Sites with mixed waste may be given lower priority for cleanup than other scrap tire sites.

3. Sites for which the STF has been utilized to perform a previous cleanup may be given lower priority than other sites. Utilizing STF funds for cleanup of a site that was previously remediated utilizing the STF will be at the discretion of ADEM, and may be determined to be the responsibility of the landowner.

(d) For small sites, the Department may utilize processes available under state law for contractor selection and contract execution.

(e) The Department may, at its discretion, apply any or all provisions of 335-4 relating to large site cleanups to any small site cleanup.

(f) ADEM shall review the site ranking and adjust the scrap tire site cleanup priority list at intervals determined by the Department. If no new sites are added during the previous year, the priority list will not be adjusted unless additional information on an existing site affects its ranking. The priority list shall be adjusted when remediation has been completed on a site, and it is removed from the priority list.

Ala. Admin. Code r. 335-4-2-.02

New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed February 23, 2010; effective March 30, 2010.

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

Author: James L. Bryant, M. Gavin Adams, Brent A. Watson; Michael J. Cruise

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