Ala. Admin. Code r. 335-13-16-.09

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

Section 335-13-16-.09 - Recordkeeping And Reporting Requirements

(1) All reporting, submittals, and correspondence for ADEM Admin. Code r. 335-13-16-.09 shall be electronically submitted in a format approved by the Department.

(2) All registrants subject to 40 C.F.R. § 503 must submit duplicate reports required under 40 C.F.R. § 503 in the annual report as described in ADEM Admin. Code r. 335-13-16-.09(3).

(3) Registrations issued pursuant to ADEM Admin. Code r. 335-13-16-.04 are subject to annual reporting requirements. All annual reports for activity conducted during the previous calendar year shall be submitted to the Department no later than February 28th of each year, for activity conducted during the previous calendar year. At a minimum, the report must contain the following information:

(a) The total quantity, in dry short tons, of by-product materials generated/managed/land applied during the previous calendar year;

(b) An updated list of all the counties in which by-product materials were used or distributed for use during the previous calendar year and how much material was generated/managed/land applied in each county;

(c) If the registrant is subject to ADEM Admin. Code r. 335-13-16-.04(2)(c), then annually performed test results in accordance with ADEM Admin. Code r. 335-13-16-.04(2)(c)10., the ceiling concentration for all constituents listed in ADEM Admin. Code r. 335-13-16 -Appendix I, and the nitrogen and phosphorus rates as required by ADEM Admin. Code r. 335-13-16-.04(2)(c)5. must be submitted with the annual report;

(d) The yield of the crop grown and harvested, production destruction event/result, if applicable (e.g. drought, fire, pestilence, etc.), or a Department approved alternative (e.g. number of animals raised/grazed, etc.), for each approved application site listed in the NMP(s). This number(s) should be reported in short tons/acre or equivalent industry standard;

(e) A signed certification from the Generator affirming that the physical and chemical characteristics of the by-product materials applied were consistent with the information submitted in the approved application together with documentation of any inconsistencies. Generator certifications must be unique to each Generator facility; and

(f) A complete and accurate compliance certification, which shall include the following:

1. An itemized list with the identification of each term or condition that is the basis of the certification and method for determining compliance status. This itemized list includes, but is not limited to, the items found in ADEM Admin Code chap. 335-13-16 and the Registration;

2. The applicant's compliance status related to each term or condition and documentation of whether the compliance has been continuous or intermittent;

3. A statement signed by a responsible official including the following language, "I certify under penalty of law that this document was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. I understand that the information provided will be used to determine compliance with ADEM Admin. Code chap. 335-13-16 Requirements for Beneficial Use of By-Product Materials for the Purpose of Land Application. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."; and

4. Such other information as the Department may require to determine the compliance status of the entity.

(4) Operating Record: All registered facilities shall maintain the following records for a minimum of five (5) years from generation of the record and make them available for inspection upon request:

(a) Registration, including all applications and supplemental information;

(b) Annual reports;

(c) OP and NMP, as applicable; and

(d) Notification(s) of intent and completion to land apply, for Distributors only, as required in ADEM Admin. Code r. 335-13-16-.05 (1-2).

Ala. Admin. Code r. 335-13-16-.09

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 09, June 30, 2022, eff. 8/14/2022.

Rule .06 was renumbered .09 per certification published June 30, 2022; effective August 14, 2022.

Authors: S. Scott Story, Richard T. Kesley

Statutory Authority: Code of Ala. 1975, §§ 22-27-9, 22-27-12.