Ala. Admin. Code r. 420-3-5-.06

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

Section 420-3-5-.06 - Certificate Of Exception And Shared Service

These rules specify the method of obtaining a Certificate of Exception for any household who meets the minimum requirements and who chooses to dispose of his household solid waste in an approved manner or transport his own household solid waste to an approved handling or disposal facility. Certificate of Exceptions apply only in mandatory collection jurisdictions.

(1)General. A person, household, or any property owner may store, haul, and dispose of his or her own solid wastes on his or her land or otherwise, provided such storage, haulage, or disposal is accomplished pursuant to a Certificate of Exception. To obtain a Certificate of Exception, an application, application fee, and a plan must be filed with the LHD.

(a) An application for a Certificate of Exception shall be made on forms provided by the Board.

(b) The certificate holder must abate any public health nuisance resulting from the certificate holder's storage or transportation of solid waste.

(c) The LHD shall not issue Certificates of Exception without prior written approval from the local governing body.

(d) The LHD is authorized to deny an application for a Certificate of Exception if such exception violates any federal, state, or local law or ordinances, or any rules promulgated by any other federal or state agency, or other states.

(e) All certificates shall be valid for 1 year from the date of issue and are renewable annually.

(2)Transportation Exception. No household shall transport its own solid waste for handling or disposal until such household has applied for and received a Certificate of Exception from the LHD. The LHD may issue the exception for households but may not issue the exception for businesses or industries.

(a) The applicant shall meet the following criteria:

1. The application shall be made on forms provided by the Board.

2. The application shall be accompanied by a written plan for the transportation of the household's solid waste, including, but not limited to, the method and frequency of transportation, the name and location of the facility to be used, and written verification that such facility agrees to accept the applicant's waste.

(b) Solid waste shall be transported at least weekly and shall be deposited at a facility approved to receive such waste.

(c) Solid waste shall be stored and transported in a manner that will not create a public health nuisance and will prevent the leakage, spilling, or escape of solid, semi-solid, or liquid wastes.

(d) The certificate holder shall promptly retrieve or remove any waste materials that leaked, spilled, or escaped during storage or transportation and deposit such waste at an approved facility.

(e) The certificate holder shall obtain a receipt for each deposit of solid waste.

1. Said receipts shall be maintained for at least 2 years from the date of issue and shall be made available to the LHD upon request.

2. Each receipt for deposit of solid waste shall contain the name and location of the facility used and the date of deposit.

(3) Shared Service. A person desiring to be excluded from participating in a mandatory collection program because of shared service shall identify himself to the LHD and verify compliance with the requirements of (2)(b) above.

(a) Exclusion from a mandatory collection program is renewable annually; however, such exclusion is non-transferable from one person to another. In addition, if the collector discontinues service, and is not replaced by another collector who agrees to collect the combined waste, then shared service is no longer allowed.

(b) Persons who request to be excluded from participating in a mandatory collection program due to shared service shall provide documentation to the LHD that their activity satisfies the following criteria:

1. All persons under such agreement are located within the same governing body's collection jurisdiction.

2. Collection of the solid waste is accomplished pursuant to an agreement with an approved collector and in a manner approved by the LHD.

3. The collector is aware that the service is being shared, and said collector agrees to collect the combined solid waste for the single price charged.

4. The solid waste being combined is generated on properties which are located adjacent to each other.

Ala. Admin. Code r. 420-3-5-.06

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.

Previous rule .07 was renumbered to .06 as per certification filed April 20, 2017; effective June 4, 2017.

Authors: Phyllis C. Mardis; Dillon Bullard; Matthew Conner; Ken Stephens; Thad Pittman

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