Ala. Admin. Code r. 335-4-8-.03

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

Section 335-4-8-.03 - Processors

(1) The owner or operator of a scrap tire processing facility shall provide financial assurance equal to the sum of the amounts required in 335-4-8-.03(2) and (3) for the following:

(a) Closure of the scrap tire processing facility.

(b) Remediation of the facility if impacted by an incident, such as a fire or a catastrophic natural event, such as a flood, that may affect human health and the environment.

(2)Cost Estimate for Closure. The owner or operator shall have a detailed written estimate, in current dollars, of the cost to utilize a third party to complete closure of the processing facility during the active life in accordance with the Closure Plan described in 335-4-6-.06. The owner or operator shall electronically submit a copy of the estimate to ADEM as a part of the permit application for approval and retain the estimate in the operating record.

(a) The cost estimate shall equal the cost to remove, transport and process the largest volume of tire materials present and the cost to remove the contents and cleanup tanks, process equipment or other appurtenances during the active life of the facility when the extent and manner of its operation may make closure the most expensive.

(b) During the active life of the facility, the owner or operator shall annually adjust the closure cost estimate for inflation.

(c) The closure cost estimate and the amount of financial assurance provided shall be increased if changes to the facility or its operation increase the maximum cost of closure.

(d) The owner or operator of a processing facility shall establish financial assurance for closure in compliance with 335-4-8-.04 and shall maintain continuous coverage until released from financial assurance requirements by ADEM.

(e) The minimum financial assurance for closure of a permitted scrap tire processing facility shall be $20,000.

(3) The owner or operator shall provide financial assurance for remediation of an incident, such as a fire or flood or other catastrophic natural event that impacts public health and the environment, based on the following:

(a) An amount equal to two dollars ($2) per whole tire for the maximum number of tires allowed to be stored at the facility. ADEM may require a higher amount per whole tire if the types of tires being processed are larger than typical passenger and light truck tires.

(b) An amount equal to two hundred ($200) per ton of processed tire material allowed to be stored at the facility.

(4) If whole tires and processed tire material are stored at a facility at the same time, the amount of financial assurance required shall equal the total as described in 335-4-8-.03(3)(a) and (b).

(5) The minimum financial assurance required for remediation at a permitted scrap tire processor shall be $20,000.

Ala. Admin. Code r. 335-4-8-.03

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.