Ala. Admin. Code r. 335-13-11-.03

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

Section 335-13-11-.03 - Remediation Of Sites

(1) Any owner of an interest in a property suspected of containing unauthorized disposal of solid waste shall provide to authorized representatives of the Department access to the property for the purposes of evaluating the site as a potential threat to public health, the environment and safety, and for determining the site's compliance status with the applicable requirements of this division.

(2) The person or persons responsible for the creation, contribution to, and/or operation of an unauthorized dumpsite shall be responsible for the remediation of the site. If the responsible person or persons is not determined, the landowner shall be responsible for remediation of the site, unless the landowner qualifies as an innocent landowner. An innocent landowner is exempt from the remediation requirements of rule 335-13-11-.03, provided he complies with the requirements of rule 335-13-11-.02(4).

(3) A person remediating an unauthorized dump site at the direction of the Department under the authority of the Solid Waste Fund, shall submit a Remediation Plan prepared by an engineer which shall be used to direct remedial actions as necessary to comply with the closure requirements of rule 335-13-1-.13. The Department may waive the requirement for the submittal of a Remediation Plan prepared by an engineer based on the waste types, site geology or hydrology, or other factors as determined by the site ranking criteria under rule 335-13-11-.04. Notice of the waiving of this requirement will be made through the publication of the legal advertisement as set forth in rule 335-13-11 -.05(1).

(4) Any required Remediation Plans must be approved by the Department prior to initiating remedial action, and must provide for the following as applicable:

(a) Removal of all solid wastes from the site, and transportation to an appropriate permitted solid waste landfill or management facility in accordance with Health Department transportation requirements, or delivery to an appropriate recovered materials processing facility for processing, reuse or recycling. Verification of removal and transport to an authorized facility shall be provided to the Department.

(b) Removal or treatment of substances that are a threat to human health and the environment that may have been released to the environment from the unauthorized accumulation, burning, processing or disposal of solid wastes and other materials.

(c) Restoration of the site by placing backfill in excavated areas, sloping and landscaping to minimize erosion and establishment of a vegetative cover over the site, or other best management practices to control storm water runoff.

(d) Securing the site by use of a barricade or other device or other methods as needed to address public safety concerns due to the proximity of the site to publicly-accessible areas such as roads and rights-of-way, or, when necessary to prevent further dumping, the posting of signs indicating the dump site is closed and the location of the nearest permitted landfill.

(e) Methods to remediate the site and to remove solid wastes, to include:

1. An estimate of the quantity of regulated wastes to be removed, including an estimate of the quantity of any materials recycled or reused.

2. A discussion of any procedures to be undertaken to manage any special wastes, such as medical wastes or industrial wastes, found during remediation of the site.

3. A description of the procedures to be utilized to determine if any wastes at the site are classified as hazardous waste, and if so, the procedures to be used to properly manage these hazardous wastes in accordance with applicable provisions of division 335-14.

(f) The implementation of an effective vector control plan, including baiting for at least two weeks following closure, to prevent vector migration to adjacent properties and spraying to control mosquitoes, or other vector control measures as determined necessary by the Department or the State Health Department.

(g) Storm water runoff control. It shall be the responsibility of the party conducting the remediation to comply with the applicable requirements of division 335-6.

(h) Fire protection measures.

(i) A schedule of proposed remediation work.

(j) Disposition of the materials removed from the site, whether for disposal, reuse, or recycling.

(k) The total estimated cost of remediation, with a breakdown of costs estimated by the remediation contractor.

(l) The steps taken to locate and protect from damage, all utilities that may be present at the site, such as electricity, gas, telephone, etc.

(5) When a Remediation Plan prepared by an engineer is not required by the Department, the party conducting the site remediation shall submit a general description of work to be performed, the proposed disposition of the solid waste removed from the site, the proposed site safety and security measures to be taken, including steps to locate and protect all utilities that may be present at the site such as electricity, gas, telephone, etc., and the proposed restoration of the site, prior to being directed by the Department to begin site remediation activities.

Ala. Admin. Code r. 335-13-11-.03

Amended: Filed April 21, 2009; effective May 26, 2009.

Authors: Phillip D. Davis, Brent A. Watson

Statutory Authority:Code of Ala. 1975, §§ 22-27-7, 22-27-10, 22-27-12.