Alabama Administrative Code Chapter 335-4-5 — Scrap Tire Receivers

335 Alabama Department of Environmental Management

Ala. Admin. Code r. 335-4-5-.01 General Requirements For Receivers

(1) A receiver shall not store tire materials in excess of the accumulation limit approved by ADEM. If the excess amount has not been eliminated within thirty (30) days of the date the accumulation limit was exceeded, the receiver shall notify ADEM as described in 335-4-1-.03, and shall begin to remove the tire materials from the facility to a permitted processor or SWDF.

(2) No receiver may expose scrap tires to the elements for more than thirty (30) days. If scrap tires are exposed to the elements for more than seven (7) days, a Vector Control Plan shall be prepared and implemented.

(3) Receivers are required to use a permitted transporter to transport scrap tires for further evaluation by another business, except as provided in 335-4-5-.01(4).

(4) Neither Class One nor Class Two receivers are not required to use a permitted transporter for purposes of transporting their tires or their customers' tires between their business locations, between a customer site and the receiver, or to a permitted processor or SWDF permitted to accept scrap tires or scrap tire materials. Customer tires refer only to scrap tires for which replacement tires are sold by that Class One Receiver to the customer. Each vehicle operated by the receiver to transport scrap tires shall have a decal issued by ADEM, in accordance with 335-4-7-.02.

(5) Receivers shall utilize manifests and comply with requirements of 335-4-4-.05 for shipment of tire materials.

History

• Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Published June 28, 2024; effective August 12, 2024.

Ala. Admin. Code r. 335-4-5-.02 Requirements For Storage

All receivers shall comply with storage requirements in accordance with 335-4-4-.02. Facilities located in urbanized areas or other business locations with limited area may be exempt by ADEM from some siting and location requirements for storage if approved by ADEM on a case-by-case basis.

History

• Author: James L. Bryant, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Published June 28, 2024; effective August 12, 2024.

Ala. Admin. Code r. 335-4-5-.03 Reporting

A receiver shall electronically submit a scrap tire semi-annual report, utilizing ADEM Form 539, for each six (6)-month period of the calendar year (January through June, July through December). All reports shall be submitted electronically to ADEM by the 28th day following the end of each reporting period.

History

• Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Published June 28, 2024; effective August 12, 2024.

Ala. Admin. Code r. 335-4-5-.04 Recordkeeping Requirements

An operating record for the receiver shall be maintained at the facility or in an alternate location approved by ADEM.

(a) The following information shall be placed in the operating record as it becomes available:

1. Copies of the ADEM registration approval.

2. Registration application.

3. Appropriate information on all vehicles transporting tire materials, to include vehicle identification number, make/model, and license number, and decal numbers assigned to those vehicles.

4. Reports or documentation generated during the normal operation of the receiving facility including, but not limited to:

(i) Manifests of tires or tire materials received and/or shipped.

(ii) Semi-Annual reports utilizing ADEM Form 539.

(iii) Arrangement for fire protection services, if applicable.

(iv) Vector Control Plan as referenced in 335-4-1-.05(5).

(v) Any other report or document generated in the normal operation of the facility that is submitted to ADEM.

5. Electronic versions of records listed in 335-4-5-.04 may be maintained in the operating record as allowed in 335-4-1-.05(7).

(b) Information contained in the operating record shall be retained for at least three (3) years. Records relating to a violation or enforcement action shall not be removed from the operating record for at least three (3) years and until these matters are resolved.

History

• Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Published June 28, 2024; effective August 12, 2024.