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22-40A-10
Section 22-40A-10 Financial assurance. (a) The department shall, by regulation, establish the
financial assurance levels and methods that are to be set to provide funds to abate any problems
created as a result of a failure by the transporter or processor to properly manage scrap
tires. (b) Receivers of either class are not required to post financial assurance. (c) Permitted
transporters and processors shall post financial assurance. A fuel user that registers with
the department shall post financial assurance if the user stores whole tires or shredded tires
in excess of amounts the department establishes by regulation or in excess of permitted limits.
(Act 2003-332, p. 823, §10; Act 2009-779, p. 2433, §1.)...
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22-27-8
Section 22-27-8 Financial assurance. (a) All persons having or requesting a permit for the
operation of a municipal solid waste landfill shall establish and maintain financial assurance
for proper closure, post-closure care, or corrective action in the form and amount the department
specifies by regulation. This requirement is applicable to all municipal solid waste landfills
required by federal law or regulations to demonstrate such assurance. (b) All municipal solid
waste landfills permitted or to be permitted by the department shall submit financial assurance
forms and supporting documents to the department, and such forms and documents shall establish
that there is funding to the appropriate levels required by department regulation. The financial
assurance mechanism shall be maintained for the life of the municipal solid waste landfill,
and for a period of not less than 30 years after closure, unless the owner or operator demonstrates
to the director that a period less than 30...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-8.htm - 2K - Match Info - Similar pages
22-40A-4
Section 22-40A-4 Accumulation and exposure limits. (a) No person may accumulate more than 100
scrap tires, except as a permitted processor, registered receiver, permitted landfill, or
transporter who has requested and been granted a storage limit by the department. (b) No person
may expose accumulated scrap tires to the elements for more than 30 days. (c) A Class One
receiver as defined in Section 22-40A-3 may accumulate up to 1,500 scrap tires, or a higher
number as set by regulation of the department for those engaged in used tire sales. (d) A
Class Two receiver as defined in Section 22-40A-3 may accumulate up to 300 tires. Provided,
however, that Class Two receivers that are tire manufacturers are excluded from the 300-tire
limit, provided the tires are not exposed to the elements. (Act 2003-332, p. 823, §4; Act
2009-779, p. 2433, §1.)...
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22-40A-7
Section 22-40A-7 Transportation of scrap tires; permits. (a) No person, except properly registered
receivers, may engage in the transportation of scrap tires, whether or not for profit, without
holding a valid transporter permit issued by the department, unless otherwise exempted by
this chapter or unless allowed by department regulation, if he or she transports more than
eight scrap tires at any one time. An application for a permit shall be made in the form required
by the department and provide such information as the department may, by regulation, require.
(b) The department, by regulation, may set higher tire transportation limits than provided
in subsection (a) for special situations, such as an authorized amnesty program. (c) Permitted
transporters shall receive decals equal in number to the number of vehicles in the transporter's
fleet, at no cost. Decals shall be visibly displayed in or on the vehicle, in accordance with
department regulations. (d) Persons making applications...
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22-40A-8
Section 22-40A-8 Processing of scrap tires; permits. (a) No person may engage in the processing
of scrap tires, as defined herein, whether or not organized for profit, unless the person
holds a valid processor permit issued by the department. (b) The department, by regulation,
shall set operational requirements for processors, including limitations on the maximum number
of tires that may be on site, whether processed or unprocessed. The department shall also
establish by regulation requirements for mobile processors. (c) Each applicant for a processor's
permit shall pay an application fee as determined by the department by regulation, and shall
provide information that the department requires by regulation. Application shall be made
in the form required by the department. (d) Permits issued by the department to scrap tire
processors shall be valid for a five-year period, unless revoked for cause. (e) A fuel user
may operate without obtaining a processor permit and must register as a...
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22-40A-5
Section 22-40A-5 Cleanup; reports; regulations; remediation management. (a) Accumulations of
scrap tires for whatever purpose, not in accordance with this chapter, shall be removed by
the person who created or maintained the accumulation, or if that person is not determined,
by the landowner or financial interest holder if the landowner or financial interest holder
does not qualify as an innocent landowner. (b) All persons with more than 100 scrap tires
on their property who are not registered receivers of scrap tires or a permitted processor
shall report this fact to the department and provide the number of scrap tires and the location.
This report shall be made no later than 12 months after September 1, 2003. (c) The department
shall establish by regulations a ranking system for remediation, and shall award all contracts
for cleanup in accordance with this ranking system. (d) The department shall provide regulations
for cleanup, which shall apply to all cleanups. (e) Department...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-40A-3.htm - 9K - Match Info - Similar pages
22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-2.htm - 14K - Match Info - Similar pages
22-30D-4
Section 22-30D-4 Election of coverage; administration of chapter; rules and regulations. (a)(1)
All owners and operators and all wholesale distributors shall elect by May 24, 2001, to be
covered or not to be covered by this chapter and shall do so by notifying the department in
writing that such owner or operator or wholesale distributor elects to be covered or not to
be covered by this chapter. Following May 24, 2001, any owner or operator or wholesale distributor
who may have initially elected not to be covered by this chapter or who may have inadvertently
failed to notify the department may notify the department that such owner or operator or wholesale
distributor has reconsidered and desires to be covered by the fund, but any such owner or
operator or wholesale distributor shall, with its notice of request for coverage, be required
to pay to the Department of Revenue the registration fees which would otherwise have been
due to the fund had such owner or operator or wholesale...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-4.htm - 14K - Match Info - Similar pages
22-40A-11
Section 22-40A-11 Administration and enforcement. (a) Except as provided for herein, the department
is designated by this chapter as the administrating agency for this chapter including administering
remediation and enforcement programs; provided, however, the department may enter into delegation
agreements with county commissions for enforcement of this chapter. The department is hereby
authorized to carry out the purposes of this chapter and is empowered to administer and enforce
this chapter using the authorities granted to it by the Environmental Management Act. (b)
The department shall develop and manage a remediation contract program for cleanup, management,
or disposal of scrap tires. (c) The department may by regulation exempt certain tires under
this chapter and grant variances or place additional requirements on persons subject to this
chapter and the department's regulations. (d) The department shall administer the program
in a way to ensure enforcement of the chapter in all...
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