Ala. Admin. Code r. 335-4-3-.06

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

Section 335-4-3-.06 - Changes To Permits

Subject to notice, hearing, and appeal rights of the owner/operator, ADEM may transfer, modify, or revoke and reissue a scrap tire permit during its term for cause, including but not limited to, the causes listed in 335-4-3-.06.

(a)Permit Transfers. A permit may be transferred to a new owner or operator only if the permit has been modified or revoked and reissued through electronic submission of a complete application to ADEM utilizing the appropriate ADEM Form and payment of fees in 335-1-6, unless new owner or operator is exempted from the payment of fees by 335-4.

1. If there are no changes in the operation of the scrap tire facility that affects the owner's/operator's ability to comply with the permit and if there are no changes in the design or operation of the facility, the permit may be transferred, provided that all of the following conditions are met:

(i) The current owner/operator and the prospective owner/operator shall electronically submit a complete application to transfer the permit at least thirty (30) days in advance of the change in owner or operator utilizing ADEM Form 330.

(ii) The application shall include a notarized written agreement between the existing and new permittees containing the specific date for transfer of permit responsibilities, coverage and liability.

(iii) Financial assurance requirements of 335-4-8 have been met by the new owner/operator and ADEM has been provided copies of and approved the financial instruments utilized.

2. If the transfer results in changes to the design or operation of the facility, the transfer of ownership may not commence until a new application has been submitted electronically to ADEM as required by 335-4-3-.04 and the permit has been modified accordingly.

3. All persons having or claiming an interest in the real property where the facility is located shall be notified by the applicant that change of owner/operator has been requested. The permit shall not be transferred until the applicant has provided verification to ADEM that these notices have been received by those persons.

(b)Modification or Revocation and Reissuance of Permits. When ADEM receives information or an application for modification with fees as required in 335-1-6, it may determine whether or not cause for modification or revocation and reissuance exists. ADEM may modify or revoke and reissue the permit accordingly and may request an updated application. The owner/operator shall submit a complete application for modification or revocation and reissuance and shall provide justification of the request and clearly outline what parts of the permit are to be modified. When a permit is modified, only the conditions subject to modification are reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision and the permit may be reissued for a new term. If cause does not exist, ADEM shall not modify or revoke and reissue the permit.

1. The following are causes for modification:

(i) Material and substantial alterations or additions to the permitted facility that occurred after permit issuance.

(ii) Receipt of information not available at the time of permit issuance (other than revised regulations).

(iii) Changes by statute, promulgation of new or amended rules, or judicial decisions.

(iv) Changes to General Permit Provision.

(I) Administrative and informational changes.

(II) Changes to the financial assurance instruments.

(III) Changes to remove permit conditions that are no longer applicable.

(v) Changes to General Facility Standards:

(I) Changes to the amount or volume of tire materials that may be accumulated, stored, or processed that occur without a change or addition of processing equipment.

(II) Changes in procedures for maintaining the operating record.

(vi) A permit may be modified to correct typographical or technical mistakes associated with establishing permit conditions.

(vii) Other causes for modification not listed in 335-4-3-.06(b)1.(i) to (vi) may be considered by ADEM. The applicant or ADEM must justify why this modification is necessary.

2. Request for modification shall be made at least forty-five (45) days prior to the commencement of alterations or other changes that may affect operation of the facility.

(c)Termination of Permits or Denial of Permit Application. Any of the following are causes for terminating a permit during its term, or for denying an application for permit reissuance:

1. Substantial or continuing permit noncompliance.

2. The owner's/operator's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the owner's/operator's misrepresentation of relevant facts.

3. A change in a condition that requires either a temporary or a permanent cessation of activities controlled by the permit.

4. The owner's/operator's failure to submit a complete application electronically to include additional information or items requested by ADEM.

5. A determination that continued operation of the facility endangers human health or the environment.

6. The owner's/operator's failure to submit a complete renewal application electronically at least 120 days prior to permit expiration.

7. The owner's/operator's failure to maintain financial assurance as required in 335-4-8.

(d)Permit Suspension. When an owner/operator is not in compliance with a permit, the Director may suspend the permit until the permittee has taken the action(s) necessary to achieve compliance with the permit.

Ala. Admin. Code r. 335-4-3-.06

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

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.