Ala. Admin. Code r. 420-3-5-.02

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

Section 420-3-5-.02 - General

(1) As used in these rules, words in the masculine gender also include the feminine and neuter genders, words in the singular include the plural, and words in the plural include the singular.

(2) Each person who generates solid waste, in addition to adhering to all local ordinances, resolutions, laws, or rules pertaining to solid waste, shall provide for the effective and nuisance-free handling of his own solid waste in accordance with the requirements of these rules.

(a) The handling and disposal of solid waste shall be accomplished in a manner that will prevent the creation of public health nuisances, insanitary conditions, or health hazards, and that complies with the requirements of these rules.

(b) In determining whether a solid waste or the management thereof, constitutes a nuisance or an endangerment to public health, the Board shall consider the quantity, composition, and location of the solid waste, the presence of, or the potential for, vermin or vectors, and other factors which would warrant special concern.

(c) The generator is responsible for managing solid waste pursuant to these rules until the waste is collected by an approved collector, or deposited at an approved handling or disposal facility. If such waste is spilled, leaked, or scattered by animals, container failure, wind, or otherwise, or deposited at an unapproved site, it shall be the responsibility of the generator to promptly retrieve all waste and ensure its disposal to the satisfaction of the local health department (LHD). At the time waste is collected by a permitted collector or deposited at an approved handling or disposal facility, responsibility for management of the waste shall pass to the collector, or facility owner or operator, as appropriate.

(d) Plans, specifications, operational procedures, reports, documentation, and other technical data shall be prepared by a person with technical expertise in the field of concern who meets professional standards required by state law.

(e) Applications for permits, variances, exceptions, exemptions, and other required documents shall be signed by the applicant, or a person authorized to legally bind the applicant, and such signature shall be notarized.

(f) All facilities regulated under these rules shall be subject to inspection by the Board or LHD, or agent thereof, without prior notification.

Ala. Admin. Code r. 420-3-5-.02

Adopted June 15, 1988; Filed June 20, 1988; effective July 25, 1988. Emergency Repeal and New Rule: Filed May 20, 1994; effective May 27, 1994. Repealed and New Rule: Filed October 20, 1994; effective November 24, 1994. Emergency Repeal and New Rule: Filed November 20, 1997. Repealed and Replaced: Filed January 21, 1998; effective February 25, 1998.

Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 07, April 28, 2016, eff. 6/4/2017.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 12, September 30, 2021, eff. 11/14/2021.

Authors: Phyllis C. Mardis, Matthew Conner; Ken Stephen; Thad Pittman

Statutory Authority:Code of Ala. 1975, §§ 22-2-2(6), 22-10-1et seq., 22-27-1, et seq.