Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-4-3-.01 - Registration Requirements(1) The following scrap tire facilities are required to register with ADEM using ADEM Form 537 via the Department-approved electronic system: (a) Class One and Class Two Receivers.(c) Facilities that produce an end-use material or product from ground or crumb rubber derived from scrap tires purchased from another facility.(d) Facilities using the component parts of tire materials as a substitute raw material.(2) Scrap tire facilities, as described in 335-4-3-.01(1), shall apply for a registration at least forty-five (45) days prior to receiving tire material. Upon receipt of a complete application, ADEM shall provide the facility with its registration number and the accumulation limit of tire materials that the facility may accumulate or store.(3) All new registrations issued after the effective date of 335-4-3-.01(3), will be valid for three (3) years.(4) All existing registered facilities, except for fuel users, as of the effective date of 335-4-3-.01(3) and as described in 335-4-3-.01(1), shall submit an application for registration renewal in accordance with 335-4-1-.03(4) within one hundred eighty (180) days of the effective date of these rules. Facilities that do not submit an application for registration renewal within one hundred eighty (180) days of the effective date of these regulations, shall have their registration terminated.(5) Registered facilities may request a modification to the registration approval to increase the accumulation limit of tire materials they may accumulate or store. The request shall be submitted to ADEM at least forty-five (45) days prior to the proposed change in operations utilizing ADEM Form 537 via the Department approved electronic system. Approval of the modification shall be at the sole discretion of ADEM.(6) Registrations are not transferable. If a registered facility has a change in ownership, the new owner shall apply, as described in 335-4-1-.03, for a new registration at least thirty (30) days prior to assuming ownership or operational control of the facility, where such change was foreseen and advance notification was practical.(7) If a scrap tire receiver is found to be in significant noncompliance with 335-4, the registration for the receiver may be revoked and deactivated by the Director. Within thirty (30) days of the date of the revocation, the receiver may request an informal hearing with ADEM to discuss the revocation by ADEM. Following this hearing, the Director shall advise the receiver of the final determination on the registration.(8) Registered facilities that discontinue receiving, processing or utilizing tire materials shall notify ADEM, as described in 335-4-1-.03, within thirty (30) days of a change in operations and request that their registration be terminated. All tire materials shall be removed from the facility before ADEM will terminate the registration.Ala. Admin. Code r. 335-4-3-.01
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. Adam N. Rhodes.
Statutory Authority:Code of Alabama 1975, §§ 22-40A-1et seq.