Ala. Admin. Code r. 335-4-3-.05

Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-4-3-.05 - Issuance Of Permits
(1) Upon receipt of a complete application ADEM shall issue, renew, modify, or deny a permit for the operations or activities described in the application. If denied, ADEM shall notify the applicant of this determination.
(2) A determination may be made by the Director to deny a permit or to delay consideration of a permit application if the applicant owns or operates facilities within the state that are in substantial or continuing noncompliance with the Act or a permit issued by ADEM, as determined by ADEM, until the noncompliance is corrected or, if the applicant could not comply with the permit if issued. ADEM shall notify the applicant of this determination.
(3)Duration of Permits.
(a) Transporter permits shall be valid for three (3) years.
(b) Limited-use transporter permits shall be valid no longer than ninety (90) days. If a permit is required for longer than ninety (90) days, then the transporter shall apply for a transporter permit as required in 335-4-3-.03.
(c) Processor permits are valid for five (5) years.
(d) Permits are subject to revocation or termination under 335-4-3-.06(c).
(4)Continuation of Expiring Permits. The terms and conditions of an expiring scrap tire permit are automatically extended pending the issuance of a new permit if the owner/operator has submitted a complete application for reissuance of a permit in accordance with 335-4-3-.04 at least sixty (60) days prior to permit expiration, and the delay in permit issuance has not been caused by the actions of the owner/operator. A complete application is one that contains all items required in the permit application and its accompanying instructions, and the items contain enough information to allow ADEM to conduct a detailed review of the application. Failure to submit a complete application and reapply at least sixty (60) days prior to permit expiration may result in the permit expiration before reissuance.

Ala. Admin. Code r. 335-4-3-.05

New Rule: Filed June 30, 2004; effective August 4, 2004.
Amended by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: James L. Bryant. Adam N. Rhodes.

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