Ala. Admin. Code r. 335-13-15-.01

Current through Register Vol. 43, No. 02, November 27, 2024

Section 335-13-15-.01 - General Provisions

(1) Scope and purpose.

(a) This chapter applies to owners and operators of new and existing landfills and surface impoundments, including any lateral expansions of such units, that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in this chapter, these requirements also apply to disposal units located off-site of the electric utility or independent power producer. This chapter also applies to any practice that does not meet the definition of a beneficial use of CCR.

(b) This chapter also applies to inactive CCR surface impoundments at active electric utilities or independent power producers, regardless of the fuel currently used at the facility to produce electricity.

(c) This chapter does not apply to CCR landfills that have ceased receiving CCR prior to October 19, 2015.

(d) This chapter does not apply to electric utilities or independent power producers that have ceased producing electricity prior to October 19, 2015.

(e) This chapter does not apply to wastes, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated at facilities that are not part of an electric utility or independent power producer, such as manufacturing facilities, universities, and hospitals. This chapter also does not apply to fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated primarily from the combustion of fuels (including other fossil fuels) other than coal, for the purpose of generating electricity unless the fuel burned consists of more than fifty percent (50%) coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal.

(f) This chapter does not apply to practices that meet the definition of a beneficial use of CCR.

(g) This chapter does not apply to CCR placement at active or abandoned underground or surface coal mines.

(h) This chapter does not apply to municipal solid waste landfills that receive CCR.

(i) ADEM Admin. Code ch. 335-13-5 outlines the procedures for obtaining a permit for new and existing CCR surface impoundments and landfills, including lateral expansions of such units.

(2) Applicability of other regulations.

(a) Compliance with the requirements of this chapter does not affect the need for the owner or operator of a CCR landfill, CCR surface impoundment, or lateral expansion of a CCR unit to comply with all other applicable federal, state, or local laws or other requirements.

(b) Any CCR landfill, CCR surface impoundment, or lateral expansion of a CCR unit continues to be subject to the following:

1. Facilities or practices in floodplains shall not restrict the flow of a 100-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste, so as to pose a hazard to human life, wildlife, or land or water resources;

2. Facilities or practices shall not cause or contribute to the taking of any endangered or threatened species of plants, fish, or wildlife or result in the destruction or adverse modification of the critical habitat of endangered or threatened species as identified in 50 CFR part 17 ;

3. CCR units shall not be located on a site that is archaeologically or historically sensitive as determined by the Alabama Historical Commission. Written certification must be provided from the State Historic Preservation Officer; and

4. A CCR unit shall be located so as to not adversely impact water quality by complying with the following:

(i) A CCR unit shall not cause a discharge of pollutants into waters of the State, including wetlands, that is in violation of the requirements of the National Pollutant Discharge Elimination System (NPDES), Alabama Water Pollution Control Act, Code of Ala. 1975, §§ 22-22-1 to 22-22-14 and/or section 404 of the Clean Water Act, as amended.

(ii) A CCR unit shall not cause non-point source pollution of waters of the State, including wetlands, that violates any requirements of an area wide and statewide water quality management plan that has been approved under the Alabama Water Pollution Control Act.

(iii) CCR units, including buffer zones, shall not be permissible in wetlands, beaches or dunes.

(iv) CCR units shall not be permissible in any location where the disposal of solid waste would significantly degrade wetlands, beaches or dunes.

(v) CCR units shall be located outside the boundaries of the coastal area, unless no other reasonable alternative is available. If a site within the coastal area is proposed for development as a CCR unit, it shall be demonstrated to the satisfaction of the Department that siting, design, construction, and operation will ensure that present levels of coastal plants and animals will be maintained.

Ala. Admin. Code r. 335-13-15-.01

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 07, April 30, 2018, eff. 6/8/2018.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Authors: Eric L. Sanderson, S. Scott Story, Heather M. Jones

Statutory Authority:Code of Ala. 1975, §§ 22-27-3, 22-27-7.