Alabama Administrative Code Chapter 335-13-12 — Landfill Operator Certification Requirements

335 Alabama Department of Environmental Management

Ala. Admin. Code r. 335-13-12-.01 Applicability

(1) The training and certification requirements of this rule apply to persons involved in the operation of a Public Solid Waste Management Facility as defined by Code of Ala. 1975, §22-27-2, and rule 335-13-1-.03.

(2) Any person designated by the public solid waste facility as the person having direct supervision over and responsibility for the daily operation of the landfill must apply for and obtain operator certification under the conditions contained in these regulations by no later than April 15, 2010.

(3) By no later than April 15, 2010, all public solid waste management facilities in the State are required to have at least one certified operator on-site during hours of operation. However, a certified operator is not required to be on-site during the post-closure care period.

History

• Author: S. Scott Story, Phillip D. Davis
• Authority: Code of Ala. 1975, §§22-22A-5, 22-27-9, 22-27-12(7).
• New Rule: Filed October 20, 2009; effective November 24, 2009.

Ala. Admin. Code r. 335-13-12-.02 Training And Certification Requirements

(1) In addition to the requirements listed in rules 335-13-12-.02(2) and (3), all applicants for certification or re-certification under this chapter must complete a training course developed and provided by the Department. The curriculum of this training course will be tailored specifically to the requirements of this Division. The completion of this course will qualify towards the training requirements of rules 335-13-12-.02(2)(f) and (h), and of rules 335-13-12-.02(3)(d) and (f).

(2) Municipal Solid Waste (MSW) Landfill Operator Certification.

(a) The facilities subject to this chapter are required to have at least one operator holding certification from the Department.

(b) A person desiring to be certified or re-certified must file an application with the Department on a form provided by the Department, along with the appropriate application fee.

(c) At a minimum, the applicant must be a graduate of high school or an accredited GED program, and have worked at a MSW landfill for at least 3 years.

(d) The applicant must pass a written examination developed and given by the Department or, developed and given by another entity that has been approved by the Department.

(e) Any certificate granted under this rule shall be renewable every 3 years, unless revoked or invalidated for cause as determined by the Department.

(f) All persons required to obtain certification may become re-certified within 3 years by attending a total of at least 30 hours of Department approved training. The Department will maintain a list of training programs approved by the Department.

(g) An applicant who fails to pass an examination given by the Department may repeat the examination at the next regularly scheduled examination date. If the applicant again fails to pass, he may then reapply for the training and certification and pay the appropriate application fees.

(h) Exceptions.

1. An applicant for initial certification as an operator may request to be certified without meeting the requirements of either rule 335-13-12-.02(2)(c) or rule 335-13-12-.02(2)(d), provided the applicant has attended at least 15 hours of ADEM-approved training or continuing education courses within the past three years and can demonstrate at least 5 years of relevant experience working at MSW landfills; or

2. An applicant may request to be certified without meeting the requirements of both rule 335-13-12-.02(2)(c) and rule 335-13-12-.02(2)(d) by attending at least 15 hours of ADEM-approved training or continuing education courses within the past three years, and can demonstrate at least 8 years of relevant experience working at MSW landfills; or

3. An applicant may request initial certification pursuant to the provisions of rule 335-13-12-.03.

(3) Construction/Demolition and Industrial Landfill Operator Certification.

(a) The facilities subject to this chapter are required to have at least one operator holding certification from the Department.

(b) A person desiring to be certified must file an application with the Department on a form provided by the Department, along with the appropriate application fee.

(c) At a minimum, the applicant must be a graduate of high school or an accredited GED program, and have worked at a landfill for at least 1 year.

(d) The applicant must have attended at least 10 hours of relevant training or continuing education courses approved by the Department within the past three years to receive certification.

(e) Any certificate granted under this rule shall be renewable every 3 years, unless revoked or invalidated for cause as determined by the Department.

(f) All persons required to obtain certification may become re-certified within 3 years by attending a total of at least 30 hours of Department approved training. The Department will maintain a list of approved continuing education training programs.

(g) Exceptions.

1. An applicant for initial certification as an operator may request to be certified without meeting the requirements of 335-13-12-.02(3)(c) provided the applicant can demonstrate at least 3 years of relevant experience; or

2. The applicant has passed an approved examination in accordance with rule 335-13-12-.02(2)(d); or

3. The applicant may request initial certification pursuant to the provisions of rule 335-13-12-.03.

History

• Author: S. Scott Story, Phillip D. Davis, Jason Wilson, Jared Kelly, Heather M. Jones
• Authority: Code of Ala. 1975, §§22-22A-5, 22-27-9, 22-27-12(7).
• New Rule: Filed October 20, 2009; effective November 24, 2009. Amended: Published October 31, 2024; effective December 15, 2024.

Ala. Admin. Code r. 335-13-12-.03 Reciprocity

(1) Certification may be issued by the Department to a person who holds a current valid certificate from another state provided that:

(a) The state of certification has entered into a reciprocity agreement with the Department, and;

(b) The applicant has completed the training course developed by the Department in accordance with rule 335-13-12-.02(1).

(2) Reciprocity agreements may be established if the Department determines that the certification and training program of another state meets or exceeds that of the Department.

History

• *Author: S. Scott Story, Phillip D. Davis *
• Authority: Code of Ala. 1975, §§22-22A-5, 22-27-9, 22-27-12(7).
• New Rule: Filed October 20, 2009; effective November 24, 2009.

Ala. Admin. Code r. 335-13-12-.04 Revocation Of Certificate

Following a hearing before the Director or his designated representative, the Director may revoke or suspend a certificate if it is found that the operator:

(1) Has practiced fraud or deception in obtaining the certificate or in the performance of his duties as an operator;

(2) Has not used reasonable care, judgment, or the application of his knowledge or ability in the performance of his duties;

(3) Is incompetent or unable to perform his duties as an operator;

(4) Has knowingly submitted incorrect or falsified operational data or information;

(5) Has consistently failed to submit operational data as required by the Department; or

(6) Has violated the requirements of 335-13-12.

History

• Author: S. Scott Story, Phillip D. Davis, Jason Wilson, Heather M. Jones
• Authority: Code of Ala. 1975, §§22-22A-5, 22-27-9, 22-27-12(7).
• New Rule: Filed October 20, 2009; effective November 24, 2009. Amended: Published October 31, 2024; effective December 15, 2024.