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

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

Section 335-4-4-.05 - Manifests

All scrap tire receivers, transporters, processors, and SWDF are required to use a written manifest for the movement, shipment, transportation or receipt of scrap tires and processed tire material, except as otherwise provided in 335-4-4-.05.

(a)General Requirements. The manifest shall be originated by the receiver or other person shipping the tire materials and shall identify the quantity of tire materials transported.

1. Each user of a manifest shall be responsible for obtaining the manifest form at their cost from a source producing the form which shall be similar to and contain all the contents in accordance with ADEM Form 536.

2. The manifest shall be a multi-part, carbonless-paper form.

3. For shipments of scrap tires from another state to the State of Alabama, the receiver or transporter may use a manifest approved by the other state if the manifest contains all information required by ADEM.

4. ADEM may accept other documents in lieu of a manifest if the documents contain all information required on the manifest form, meets other requirements in accordance with 335-4-4-.05, and ADEM has approved use of the alternate document in writing.

5. If a person is shipping tires or tire materials that may be exempt from the requirements of 335-4-4-.05, that shipment shall be accompanied by sufficient paperwork and documentation to assure ADEM, its delegated enforcement officers and other law enforcement officers that the shipment is exempt from 335-4-4-.05.

6. A SWDF may receive scrap tires transported by a person permitted as a Solid Waste Collector or Transporter by a County Health Department without requiring a manifest if the tires are collected as part of a routine program of household waste collection. The SWDF may not accept shipments of only scrap tires or scrap tire materials transported by a permitted Solid Waste Collector or Transporter who collects tires at a registered scrap tire receiver unless that person has also received a scrap tire permit to transport scrap tires.

(b)Receiver Requirements. A receiver who transports, or offers for transportation, more than ten (10) scrap tires per year for off-site processing or disposal shall complete a manifest for each shipment.

1. Class One Receivers are exempt from using a manifest when transporting their own scrap tires from one business location to another or between a customer site and the receiver. Decal requirements for Class One Receivers may be found in 335-4-7-.02.

2. Class One Receivers shall use a manifest when transporting their own scrap tires to a processor or SWDF. Decal requirements for Class One Receivers may be found in 335-4-7-.02.

3. A receiver shall designate on the manifest the next receiver, transporter, processor, SWDF, or final designated facility that will receive the scrap tires described on the manifest. The receiver may designate where or to whom the transporter shall deliver the scrap tires. If a transporter is unable to deliver the scrap tires to the next designated facility, the receiver generating the manifest shall either designate another facility or instruct the transporter to return the scrap tires to the receiver.

(c)Processor Requirements.

1. Processors Receiving Tire Materials.

(i) A processor shall not accept tire materials from a receiver or transporter unless accompanied by a manifest. This regulation applies to all processing facilities receiving tire materials, including permitted processors, registered fuel user, registered manufacturers using tire materials or ground or crumb rubber to make other products, and registered users of tire materials as a substitute raw material.

(ii) A processor may accept scrap tires from an individual scrap tire generator without a manifest, provided the individual is transporting his own scrap tires and delivers no more than eight (8) tires at a time. The processor shall maintain records of receipt of tires from individuals in the Operating Record and shall report those receipts separately when submitting semiannual reports to ADEM.

(iii) A processor may receive scrap tires without a manifest from recognized non-profit civic organizations, associations or clubs, and state, county or municipal governments who deliver scrap tires resulting from roadside, stream or other cleanup programs. The processor shall maintain records of receipt of tires from these groups in the Operating Record and shall report those receipts separately when submitting semi-annual reports to ADEM.

2. Processors Shipping Tire Materials.

(i) A processor shall not transport, or offer tire materials for shipment by a transporter, unless that shipment of tire materials is accompanied by a manifest originated by the processor.

(ii) Manifests are not required for a processor to transport tire materials on a public or private right-of-way within or along the border of contiguous property under the control of the processor, even if the contiguous property is divided by a public or private right-of-way.

(iii) Manifests are not required for a processor to ship its final end product produced from tire materials if the end product requires no further processing or is incorporated into another product.

(d)Transporter Requirements. No transporter shall accept tire materials unless that shipment is accompanied by a manifest prepared by the person offering the tire materials for shipment.

1. If the transporter places tire materials from more than one person offering the tire materials for shipment on a permitted vehicle, the transporter shall maintain individual manifests from each person and shall not combine scrap tires from different persons on one manifest except as provided in 335-4-4-.05(d)5.

2. Each shipment of tire materials shall be delivered to the next designated person or facility indicated on the manifest, or to an alternate person or facility designated on the manifest.

3. If the transporter is unable to deliver the tire materials to the next designated person or facility or the alternate person or facility, the transporter shall contact the person originating the shipment who shall either designate another facility or instruct the transporter to return the tire materials.

4. If the person originating the shipment of tire materials does not indicate on the manifest another designated person or facility to accept the tire materials from the transporter, the transporter may utilize the same manifest when selecting the next person or facility to accept the shipment. The person or facility to which the transporter delivers the tire materials shall complete the manifest according to 335-4-4-.05.

5. If a transporter removes used tires from a shipment accompanied by a manifest, then they shall generate a new manifest to accompany the shipment of the remaining scrap tires. If the shipment of scrap tires contains commingled scrap tires from more than one person or facility, all remaining scrap tires in that shipment are considered to be generated by the transporter. The transporter shall complete an original manifest or manifests according to 335-4-4-.05.

(e)SWDF Requirements.

1. A SWDF shall not accept tire materials from a receiver or transporter unless accompanied by a manifest.

2. A SWDF may accept scrap tires from an individual scrap tire generator without a manifest, provided the individual is transporting his own scrap tires and delivers no more than eight (8) tires at a time. The SWDF shall maintain records of receipt of tire materials from individuals in the Operating Record and shall report those receipts separately when submitting semiannual reports to ADEM.

3. A SWDF may receive scrap tires without a manifest from recognized non-profit civic organizations, associations, or clubs and state, county or municipal governments who deliver scrap tires resulting from roadside, steam or other cleanup programs. The SWDF shall maintain records of receipt of tire materials from these groups in the Operating Record and shall report those receipts separately when submitting semi-annual reports to ADEM.

(f)Use of the Manifest.

1. All signatures required on the manifest shall be a handwritten signature in ink.

2. The person originating a manifest shall obtain the printed name and signature of the next person accepting the shipment of tire materials on the manifest and retain one copy of the manifest. The remaining copies of the manifest shall accompany the shipment.

3. All subsequent persons accepting shipment of the tire materials shall print their name and sign the manifest and the previous person offering the shipment of tire materials shall retain a copy of the manifest. The original manifest shall accompany the subsequent shipment to its ultimate destination.

4. Once the shipment of tire materials has reached the final designated facility or SWDF, the manifest shall be signed with their printed name and a copy of the manifest retained by the person accepting the shipment.

5. The manifest shall be made available to ADEM for review upon request.

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

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.