Ala. Admin. Code r. 420-3-5-.10

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

Section 420-3-5-.10 - Collection And Transportation

Any person, whether public or private, engaging in the collection or transportation of solid waste, shall be subject to the requirements of this Rule.

(1)Permitting. No person shall collect and transport solid waste, until he has applied for and received a Solid Waste Collector permit from the LHD. Persons who transport solid waste but are not engaged in the door-to-door collection of solid waste generated within the state shall apply for and receive a Solid Waste Transporter Permit in lieu of a Solid Waste Collector Permit from the LHD before beginning such activity.

(a) The issuance of a Solid Waste Collector or Solid Waste Transporter Permit authorizes the permit holder to collect or transport solid waste only within a set boundary or designated jurisdiction.

(b) The application for a permit or approval to collect or transport solid waste shall be made on forms provided by the Board, and be accompanied by the following:

1. The method used for flushing, cleaning, and maintaining vehicles and equipment.

2. Documentation of the method for disposal of wastewater, resulting from flushing and cleaning of vehicles and equipment.

3. A plan for the prompt clean-up of spills.

4. A plan for collection or transportation during periods of equipment failure to include the availability and use of standby equipment through contract(s) or methods acceptable to the LHD.

5. Evidence of the posting of a performance bond or other assurance as may be satisfactory to the local governing body.

6. A site plan of the collection facility to be used to house, maintain, or clean vehicles.

(c) A Solid Waste Collector or Solid Waste Transporter Permit shall be obtained from the LHD in each county where said collector or transporter operates a collection facility. Permits are renewable annually by October 1.

1. A LHD may honor a permit issued by another LHD. The person shall pay any and all local county fees as applicable.

2. Any solid waste collector or transporter operating in the state, whose collection facility is located outside the state, shall apply for a permit from a county health department designated by the Board. The out-of-state transporter shall make known to the LHD a fixed location where its trucks can be made available for inspection by the LHD during reasonable business hours.

(2)Operations. The collection of solid waste shall not cause a public health nuisance, and shall be accomplished pursuant to the following requirements:

(a) Solid waste shall be collected at the frequency specified in contracts or agreements, but no less frequently than once per week.

(b) All spills of solid, semi-solid, or liquid waste resulting from, or which occur during, the collection operation shall be promptly abated by the collector to the satisfaction of the LHD.

(c) All solid waste shall be collected and transported in vehicles approved by the LHD and deposited at an approved facility.

(d) Solid waste shall not be unloaded from any collection vehicle except for transferring to another vehicle, unloading at an approved facility, or due to emergency situations. When a vehicle is unloaded due to an emergency, the waste shall be promptly relocated and removed, and the site shall be thoroughly cleaned of all residue resulting from the unloading after the emergency no longer exists.

(e) Solid waste shall not be stored after collection in a collection vehicle or other equipment for more than 24 hours before disposal or delivery to an approved facility.

(f) Collection vehicles shall not be parked overnight in an area that is predominantly residential, unless one of the following requirements is met.

1. The vehicle has been emptied of all waste and has been thoroughly flushed and cleaned.

2. The vehicle is parked at an approved collection facility.

(g) Solid waste collectors and solid waste transporters shall keep manifests detailing the place, date, and times of collection of solid waste from the generator or other places, excluding individual households, for 2 weeks after the date of such collection or transportation occurs. Summaries of the above information, the name of the person responsible for the waste collection and transportation, and receipts verifying the name and location of facilities at which waste is deposited, including the date and time of each deposit and the weight of the waste deposited shall be retained by the collector and transporter for 1 year following the activity.

(h) Public access to collection facilities shall be minimized.

(i) Wastewater resulting from flushing or cleaning of the facility, equipment, or collection or transportation vehicles shall be disposed of by methods as approved under the permit, whether the process is performed on the collection facility grounds or at other locations.

(j) Collection facilities shall be operated, maintained, and closed in a sanitary manner including, but not limited to, control of vegetation, windblown litter, and the harborage of vermin and vectors.

(k) Solid waste collected or transported pursuant to a permit issued under these rules, shall at no time contain any regulated hazardous waste, infectious waste, or explosive material or debris.

(3)Equipment. All vehicles and equipment used for the collection or transportation of solid waste shall be constructed, operated, and maintained to prevent the creation of a public health nuisance and to meet the requirements of these rules.

(a) All vehicles used for the collection or transportation of solid waste shall be permitted by the LHD before such use and may be inspected annually. Vehicles that fail to meet minimum standards of the State Health Department during inspection shall not be used for collection or transportation of solid waste.

(b) Vehicles used for the collection or transportation of solid waste shall be constructed, operated, and maintained in a manner to prevent the escape of solid, semi-solid, or liquid waste and shall adhere to the following standards:

1. All surfaces that come in contact with waste shall be smooth, non-absorbent, and washable.

2. If applicable, all drain holes and valves shall be properly closed, plugged, or sealed.

3. The vehicle shall be equipped with seals, gaskets, or other devices necessary to prevent the escape of liquids. Such seals, gaskets, and other such devices shall be maintained and replaced as needed.

4. If applicable, the truck body, waste holding area, and hopper shall be free of holes, cracks, rusting, corrosion, or other evidence of damage or weakness that may allow the escape of solid, semi-solid, or liquid waste.

5. The waste holding area, including the hopper and around the packer blade, if so equipped, shall be cleaned regularly of debris to prevent the accumulation of vectors or litter.

6. If applicable, the sides, bottom, top, and cab of the vehicle shall be free of loose litter to prevent its escape to the environment.

7. If applicable, the vehicle shall be serviced, repaired, and cleaned on a regular basis so as to maintain sanitary conditions, to preserve the integrity of the packer door seal, to prevent the accumulation of mechanical fluids, dirt, and filth on the vehicle's exterior, and to prevent contamination of the environment by such fluids.

8. Effective control of windblown litter or other waste shall be maintained through the use of adequate restraints where necessary, including tarps or other devices, while the vehicle is in operation or contains solid waste. Vehicles not equipped to effectively control wind-blown litter are prohibited.

(c) Equipment used for transportation shall meet best management practices with regards to construction, operation, and maintenance.

(d) Containers used for the storage, collection, or transportation of solid waste, such as compactors, roll-off containers, and dumpsters, shall be managed pursuant to requirements and standards stipulated under Rule 420-3-5-.09 as applicable.

(4)Imported Solid Waste. Any person, whether public or private, who imports solid waste shall adhere to the requirements of this rule.

(a) Persons who import solid waste into the state in addition to collecting and transporting solid waste generated within the state, shall apply for and receive a Solid Waste Collector Permit from the LHD before beginning such activity.

(b) Persons who import solid waste into the state, but do not collect and transport solid waste generated therein, shall apply for and receive a Solid Waste Transporter Permit in lieu of a Solid Waste Collector Permit from the LHD before beginning such activity, and shall comply with the requirements of this rule.

(c) Manifests shall be kept that contain the following information:

1. Identification of the place(s) the solid waste was generated (state, county, municipality, etc.).

2. The date the solid waste was collected from the point(s) of generation.

3. The identifying numbers or letters of the alphabet assigned to each unit and the number and type of individual units shipped.

4. Names of collectors, transporters, transfer stations, and all others who handled the solid waste enroute to the disposal facility.

5. The name, telephone number, and address of the person(s) responsible for the transport and disposal of the solid waste.

6. The name and location of the disposal site.

(d) The importer shall provide the LHD with verification that imported solid waste was collected or transported in accordance with all rules and regulations of the state from which the waste was generated, collected, or imported.

(e) Persons who import solid waste shall post with the Board, financial assurance in an amount not less than $250,000, in accordance with Code of Ala. 1975, Section 22-27-5(d), with a guarantee that at no time shall any shipment of solid waste contain any regulated hazardous waste, infectious waste, or explosive material or debris. The financial assurance shall be in the form of a performance bond, letter of credit, escrow account, or other recognized financial instrument as shall be acceptable to the Board.

Ala. Admin. Code r. 420-3-5-.10

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 .11 was renumbered .10 per certification published September 30, 2021; effective November 14, 2021.

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.