Ala. Admin. Code r. 335-13-3-.03

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

Section 335-13-3-.03 - Facility Design And Operation

(1)Facility Design and Operation. Registered Materials Recovery and Recovered Materials Processing Facilities shall be designed and operated according to this section in order to remain a properly registered facility. Registered facilities that hold a valid NPDES permit shall be exempt from the facility design requirements of this Section.

(a) Failure to maintain minimum standards and operational requirements may result in revocation of registration and may cause the facility to be subject to and regulated under this Chapter as a Solid Waste Disposal Facility.

(b) Any facility in existence prior to the effective date of these regulations has one (1) year from the effective date of these regulations to comply with provisions for facility design and operation.

(2)Acceptance of Recyclable Materials. A facility may accept materials in accordance with the terms of its registration and in accordance with the materials listing provided by the facility with its registration application.

(a) Each facility shall notify the Department upon accepting any materials not previously approved in the registration. Such notification shall be made in writing and be signed by the owner/operator or other responsible official as designated in the registration application. Notification is not required before accepting materials not designated in the registration application, but should be made as soon as practicable after materials acceptance.

(b) A facility regulated under this Chapter shall not accept recyclable materials without the proper receipt and documentation as required under 335-13-3-.05.

(c) No facility may accept, receive, purchase, or acquire any charred metal wire unless the registrant can demonstrate through receipts or other documentation that the material originated from a facility properly operating in accordance with applicable air pollution control requirements, including necessary permits and processing equipment with appropriate emission control devices.

(3)Recyclable Materials - Material Segregation and Storage. Recyclable materials accepted by a facility must be properly segregated according to material type and stored in accordance with this section. Storage of materials shall be in a manner to prevent migration of materials off-site due to stormwater runoff, wind or track-out by vehicles entering or leaving the facility site.

(a) All receptacles or storage areas utilized for the storage of recyclable and waste materials should be separated from other receptacles or storage areas by a buffer such that all equipment for the movement of such materials may operate without migration of materials away from receptacle or storage areas.

1. Buffers between storage and/or processing areas should be sufficient to minimize the commingling or combining of segregated material types to the extent that would adversely impact the ability to recycle the materials.

2. Unless specified differently in a facility's BMP plan, a buffer of no less than fifty (50) feet in width should be established and maintained between areas utilized for facility operations and the property boundaries in order to minimize migration of recyclable materials off-site. This buffer requirement shall not apply to materials located within enclosed warehouses or other buildings, nor to materials to be utilized on-site in the facility's manufacturing or processing activities.

(b) Materials received by the facility shall be moved to the appropriate segregated storage area within seven (7) days of receipt.

(4)Recyclable Materials - Receptacles. Each facility should store materials in receptacles where necessary to protect the integrity and/or marketability of accepted materials and to prevent migration of materials off-site.

(a) If necessary, all loose, unbaled newsprint, paper, and corrugated paper and cardboard should be stored in closed containers unless stored under a structure suitable to prevent intrusion of rainwater and stormwater, and protected from the elements.

(b) All receptacles utilized to store recyclable materials and those utilized to store contaminated and/or non-recyclable materials generated or received by the facility as a small portion of recyclable shipments or drop-offs shall be clearly marked with the type of material to be deposited. No material other than that specified shall be deposited or stored therein.

(c) Exceptions to the requirement for receptacle storage may include the storage of materials which have been baled or otherwise bound to prevent migration of materials off-site.

(5)Storage Areas. Storage areas shall be maintained to prevent contamination of segregated materials. Materials not intended for recycling and destined for disposal shall be stored separately. Materials received or to be shipped shall be segregated and stored to prevent track-off and migration off-site.

(6)Signage. Each facility shall have and maintain at least one sign, clearly visible and legible from off-site, which states the name, address and telephone number of the registrant or owner/operator if different than the registrant contact, the types of materials accepted by the facility, the hours during which the facility shall be open to the public, and the name of the nearest permitted solid waste disposal facility and/or alternate materials recovery facility.

(7)Storage Areas to Be Kept Clean. The area surrounding receptacles or storage areas whether indoors or outdoors, should at all times be maintained in a clean manner. No recyclable or waste materials of any kind should be allowed to overflow from or accumulate around any receptacles or storage areas.

(8)Inspection by Owner/Operator or Responsible Person. The owner, operator or designated responsible person of each facility regulated under this Chapter shall inspect the facility at least weekly. Such inspections shall be documented in an inspection log by date of inspection, person performing the inspection, areas of concern and corrective actions. Inspections shall include the following items:

(a) Existence of contamination in segregated storage areas. Included shall be material storage areas containing more than one recyclable material type, and contamination of recyclables by solid wastes intended for disposal.

(b) Existence or the potential for recyclable material, or solid wastes intended for disposal, to migrate off-site either through stormwater runoff, wind or track-off by vehicular or equipment traffic.

(c) Unauthorized drop-off of wastes or materials not properly delivered to the facility such as those placed outside the facility boundary or any existing secured areas, and materials not accepted by the facility for recycling.

(d) Documentation of inspection findings requiring corrective action, including a description of the action taken and the date and time of the corrective action. Such corrective actions should be initiated within 48 hours of discovery.

(9)Fencing and Security. Facilities registered pursuant to this Chapter shall be secured by fencing or utilize other means of access control as necessary to prevent unauthorized disposal or removal of recyclable materials or solid wastes.

Ala. Admin. Code r. 335-13-3-.03

Repealed: June 21, 1996; effective July 26, 1996. New Rule: Filed June 28, 2010; effective August 2, 2010.

Authors: Phillip D. Davis, M. Gavin Adams

Statutory Authority:Code of Ala. 1975, §§ 22-27-12, 22-27-15, 22-27-16.