Ala. Admin. Code r. 335-4-8-.01

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

Section 335-4-8-.01 - Applicability

(1) Financial assurance shall be provided by the following persons:

(a) Permitted scrap tire transporters.

(b) Permitted Class One, Class Two and Class Three scrap tire processing facilities.

(c) If a permitted processor is also a permitted transporter, a separate and appropriate financial assurance instrument shall be posted for each permit and each separate facility for which the owner/operator applies.

(2) A fuel user may be subject to 335-4-8 if tire materials are stored in excess of the accumulation limits in its registration approval.

(3) Owners or operators of scrap tire facilities that are state or federal government entities, whose debts and liabilities are the debts and liabilities of the state or the United States, are not required to provide financial assurance.

(4) If financial assurance instruments utilized by persons to comply with 335-4-8 provide that monies shall be directed to ADEM to use for closure or remediation of a scrap tire site or facility, those monies shall be deposited to the STF which shall be used for closure or remediation of the site or facility. If these funds are inadequate for closure or remediation of the site or facility, ADEM may recover costs as provided in 335-4-2-.03(g). Excess funds may be retained by the STF in 335-4-2-.03(g).

(5) The form of financial assurance instruments shall be approved by ADEM.

Ala. Admin. Code r. 335-4-8-.01

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, §§ 22-22A-5, 22-40A-1et seq.