Ala. Admin. Code r. 335-13-5-.02 - Permit Application
Any person who requires a permit pursuant to this Division shall complete, sign, and submit to the Department an application for each permit required under 335-13-5-.01
(1) Application Requirements.
(a) Solid Waste Landfills. Landfill units
proposed after the effective date of this Division shall obtain permits to
construct and/or operate by submitting a permit application consisting of the
following in order to request a permit:
1. A
completed application form designated by the Department, with applicable
fees;
2. Documentation of host
government approval, as provided in the Code of Ala.
1975, §
22-27-48 and 48.1;
3. Facility design plans and operational
procedures in accordance with Permit Application Procedures for Solid Waste
Disposal Facilities as prepared by the Department;
4. Technical data and reports to comply with
335-13-4-.01,
335-13-4-.11 through
335-13-4-.24 and this Division;
and
5. All technical reports, plans
and specifications, plats, geological and hydrological reports required by this
Division, prepared under the following:
(i)
Plans, specifications, operational procedures, letters of final construction
certification and other technical data, except as provided in
335-13-5-.02(1)(a)5. (ii) and
(iii) for the construction and operation of a
facility shall be prepared by a professional engineer. The seal or signature
and registration number of the design engineer shall be affixed to the plans,
specifications and reports.
(ii)
Reports, letters of certification and other documents and technical data
concerning the siting standards of
335-13-4-.01 shall be prepared by
a person with technical expertise in the field of concern.
(iii) Legal property descriptions and survey
plats shall be prepared by a land surveyor with the seal or signature and
registration number of the land surveyor affixed.
6. The name and mailing address of all
property owners whose property, per county tax records, is adjacent to the
proposed site shall be submitted as part of a landfill unit's permit
application.
7. The Department may
waive certain requirements of (a) 3. and 4. for those landfill units that will
receive for disposal only construction and demolition type waste. A permit
application for a C/DLF shall be submitted on a permit application form
designated by the Department, which shall specify the minimum requirements for
a complete application. The C/DLF permit application shall also include
statements signed by a professional engineer and a representative of the
facility owner/operator certifying that the information being submitted is
accurate and correct. The submittal of false or inaccurate information shall
result in the C/DLF permit application being suspended or denied.
(b) Composting Facilities.
1. The owner or operator of each composting
facility in existence on April 3, 2012, shall file an application, including
applicable fees, for a permit with the Department no later than June 1, 2012.
The owner or operator of each new composting facility desiring to begin
operation after April 3, 2012, shall obtain a permit prior to commencing
composting activities.
2. Each
owner or operator of a composting facility shall submit a permit application
prepared by a professional engineer to the Department utilizing a form
designated by the Department. In addition to the designated application form,
the following information shall be submitted as part of the permit application:
(i) Documentation of host government approval
as provided in the Code of Ala. 1975, §
22-27-48 and 48.1.
(ii) List of feed stocks to be accepted at
the composting facility.
(iii) The
operational capacity of the composting facility.
(iv) Legal property description and plat
prepared by a land surveyor with the seal or signature and registration number
of the land surveyor affixed.
(v)
Composting facility design plans and operational plans in accordance with
335-13-14. Design plans and operational plans shall be prepared by a
professional engineer. The seal or signature and registration number of the
design engineer shall be affixed to the plans.
(vi) A process flow diagram of the entire
facility.
(vii) A fire prevention
plan.
(viii) A closure plan that at
a minimum includes:
(I) Information detailing
the removal of all remaining solid waste material from the site as required by
rule 335-13-14-.09;
(II) A detailed written estimate, in current
dollars, of the cost required to complete closure of the composting facility in
accordance with rule
335-13-14-.09; and
(III) A demonstration by the applicant of the
ability to provide adequate financial coverage equal to the amount required in
rule 335-13-5-.02(1)(b)2.(viii)(II)
for the closure of the composting facility.
(ix) The names and mailing address of all
property owners whose properties, per county tax records, are adjacent to the
proposed site.
(c) CCR Facilities. All solid waste
management of CCR generated from the combustion of coal at electrical utilities
and independent power producers shall take place in a unit permitted by the
Department. New and existing CCR landfills and surface impoundments shall
obtain permits for construction, operation, closure and/or post-closure in
accordance with the following:
1. Existing CCR
Surface Impoundments. Except as provided in
335-13-5-.02(1)(c)3.,
for existing CCR surface impoundments, the owner or operator shall submit the
following in order to request a permit:
(i) A
completed application form designated by the Department, with applicable
fees.
(ii) Boundary plat and legal
property description prepared, signed, and sealed by a land surveyor of the
boundary of the facility and disposal area of the CCR unit.
(iii) Technical data and reports documenting
compliance with the following location requirements:
(I) Five foot separation of the base of the
CCR unit and the uppermost aquifer as specified in
335-13-15-.03(1);
(II) Wetland and endangered species
requirements under
335-13-15-.03(2);
(III) Fault area requirements under
335-13-15-.03(3);
(IV) Seismic impact zones requirements under
335-13-15-.03(4);
(V) Unstable area requirements under
335-13-15-.03(5);
and
(iv) Detailed presentation of
geological and hydrogeological units within the disposal site, with typical
sections of disposal method and plan and profile sheets on all areas or
trenches.
(v) Technical report of
the determination of the liner design and type as required by
335-13-15-.04(2).
(vi) Technical report for the hazard
potential classification as outlined in
335-13-15-.04(4)(a)2.
and the Emergency Action Plan (EAP), if necessary, developed under
335-13-15-.04(4)(a)3.
(vii) For existing CCR surface
impoundments that have a height of five feet or more and a storage volume of 20
acre-feet or more, or an existing surface impoundment with a height of 20 feet
or more, the application shall include the following:
(I) All the information required by
335-13-15-.04(4)(c)1.(i) through
(xii).
(II) Results of the structural stability
assessment as required by
335-13-15-.04(4)(d).
(III) Results of the safety factor assessment
as required by
335-13-15-.04(4)(e).
(viii) Sufficient control points
on-site to provide for accurate horizontal and vertical control for facility
construction, operation and closure and post-closure.
(ix) Topographical maps at contour intervals
of not more than five feet for the existing ground surface elevation, initial
disposal area elevation, and final disposal area elevation. The maps shall also
show buffer zones.
(x) Quality
assurance/quality control (QA/QC) plan for all components of the final cover
system.
(xi) An operation plan that
includes at a minimum:
(I) A CCR fugitive dust
control plan developed in accordance with
335-13-15-.05(1).
(II) An inflow design flood control system
plan developed in accordance with
335-13-15-.05(3).
(III) All technical reports, plans and
specifications documenting compliance with the requirements of
335-13-15-.05(4)
and 335-13-15-.05(6).
(IV) A detailed description of the
groundwater monitoring and analysis program developed in accordance with
335-13-15-.06.
(V) Procedures for compliance with
recordkeeping, notification and internet posting as required under
335-13-15-.08.
(VI) Procedures for updating all plans and
assessments periodically as required by 335-13-15.
(xii) The written closure and post-closure or
retrofit plan developed in accordance with
335-13-15-.07.
(xiii) Any additional information that may be
required by the Department.
(xiv)
The name and mailing address of all property owners whose property, per county
tax records, is adjacent to the proposed site.
(xv) Plans, specifications, operational
procedures, letters of final construction certification and other technical
data required as part of the application, except as provided in
335-13-5-.02(1)(c)1.(ii) and
(xiv), shall be certified by a professional
engineer. The seal or signature and registration number of the design engineer
shall be affixed to the plans, specifications and reports.
2. New CCR surface impoundments and any
lateral expansion of a CCR surface impoundment. For new CCR surface
impoundments and any lateral expansion of a CCR surface impoundment, the owner
or operator shall submit the following in order to request a permit:
(i) Except for the requirements of
335-13-5-.02(1)(c)1.(v), (vi), and
(vii), the requirements for an existing CCR
surface impoundment in
335-13-5-.02(1)(c)1.
(ii) Technical report for the
hazard potential classification as outlined in
335-13-15-.04(5)(a)2.
and the Emergency Action Plan (EAP), if necessary, under
335-13-15-.04(5)(a)3.
(iii) For new CCR surface
impoundments that have a height of five feet or more and a storage volume of 20
acre-feet or more, or a surface impoundment with a height of 20 feet or more,
the application shall include the following:
(I) All the information required by
335-13-15-.04(5)(c)1.(i) through
(xii).
(II) Results of the structural stability
assessment as required by
335-13-15-.04(5)(d).
(III) Results of the safety factor assessment
as required by
335-13-15-.04(5)(e).
(iv) Design for the liner as
required by
335-13-15-.04(3).
(v) Quality assurance/quality control (QA/QC)
plan for all components of the liner.
(vi) Plans, specifications, operational
procedures, letters of final construction certification and other technical
data required as part of the application, except as provided in
335-13-5-.02(1)(c)1.(ii) and
(xiv)., shall be certified by a professional
engineer. The seal or signature and registration number of the design engineer
shall be affixed to the plans, specifications and reports.
3. For existing CCR surface impoundments that
have initiated closure or are otherwise subject to the closure requirements of
335-13-15-.07(2),
the owner or operator shall submit all the information as required for an
existing CCR surface impoundment in
335-13-5-.02(1)(c)1.,
except for the requirements of
335-13-5-.02(1)(c)1.(iii), (iv) and
(v), to request a closure or post-closure
permit or a permit for such operations as may be authorized by
335-13-15-.07(4).
4. Existing CCR Landfills. For existing CCR
landfills, the owner or operator shall submit the following to request a
permit:
(i) Except for the requirements of
335-13-5-.02(1)(c)1.(iii), (v), (vi), (vii) and
(xi)(II) and (III), the requirements for an
existing CCR surface impoundment in
335-13-5-.02(1)(c)1.
(ii) Technical data and reports
documenting compliance with the following:
(I) Unstable area requirements in
335-13-15-.03(5);
(III) Cover requirements under
335-13-15-.05(7)(a);
(IV) Access control requirements of
335-13-15-.05(6)(e);
(iii) An operation plan that
includes, at a minimum:
(I) A run-on and
run-off control system plan developed in accordance with
335-13-15-.05(2)(c),
which should include existing and proposed surface drainage patterns and
control structures designed to handle run-on and run-off.
(II) Details of plans for permanent all
weather access roads.
(III) All
technical reports, plans and specifications documenting compliance with the
operational requirements of
335-13-15-.05(1)(d),
335-13-15-.05(5), (6) and
(7).
5. New CCR Landfills and any lateral
expansion of a CCR Landfill. In addition to the requirements listed in
335-13-5-.02(1)(c)4.
above, applications for new CCR landfills and any lateral expansion of a CCR
landfill shall include the following in order to request a permit:
(i) Technical data and reports documenting
compliance with the following location requirements:
(I) Five foot separation of the base of the
CCR unit above the uppermost aquifer as specified in
335-13-15-.03(1).
(II) Wetland and endangered species
requirements under
335-13-15-.03(2).
(III) Fault area requirements under
335-13-15-.03(3).
(IV) Seismic impact zones under
335-13-15-.03(4).
(ii) Design of the liner and
leachate collection and removal system as required by
335-13-15-.04(1),
including a quality assurance/quality control (QA/QC) plan for all components
of the liner, leachate collection, and final cover system.
(d) In addition to the
requirements listed in
335-13-5-.02(1),
the permit application shall also include statements signed by a professional
engineer and a representative of the facility owner/operator certifying that
the information being submitted is accurate and correct. The submittal of false
or inaccurate information shall result in the permit application being
suspended or denied.
(2)
Permit Renewal Application Requirements.
(a)
Permittees requesting to renew an existing permit must do so by submitting a
permit renewal application consisting of the following:
1. A completed application form designated by
the Department, with applicable fees;
2. Updated technical data, plans or reports,
where applicable, as required under the following:
(i)335-13-5-.02(1)(a)3.
and/or 4. for landfills;
(ii)335-13-5-.02(1)(b)2. (ii) through
(viii) for composting facilities;
and
(iii)335-13-5-.02(1)(c)
for CCR units.
3. The
name and mailing address of all property owners whose property, per county tax
records, is adjacent to the site shall be submitted as part of a renewal
application.
4. All renewal
applications and supporting documentation shall be prepared in accordance with
335-13-5-.02(1)(d).
(3)
Permit
Duration. Permits obtained in compliance with this Division shall
be valid for the design life of the facility or as otherwise determined by the
Department, but no longer than a period of ten years. Permits, however, are
subject to revocation under
335-13-5-.05 of this
Division.
(4)
Filing
Deadline. Applications for an extension, renewal, or a new permit
for any landfill facility, composting facility or CCR facility shall be filed
with the Department by the owner or operator at least 180 days prior to the
expiration date for existing permits or the proposed construction date for new
facilities. Applications for an initial permit for CCR facilities shall be
filed with the Department within 180 after the original effective date of
335-13-15.
(5)
Modifications. Prior to any change listed in
335-13-5-.06(1) and
(2), the permittee shall request a
modification of the permit as described in
335-13-5-.06(3).
A request for modification described in
335-13-5-.06(1) and
(2) must be filed with the Department at
least 120 days prior to the anticipated change and shall receive approval from
the Department prior to the implementation of the proposed change.
(6)
Effect of
non-compliance.
(a) As determined
by the Director, substantial non-compliance with Department regulations or
permits at any facility owned or operated by the applicant, including any
facility for which the pending permit application is requested, will be grounds
for denial of the application, or alternatively, for suspension of further
consideration of the application until such non-compliance is
corrected.
(b) In addition to the
foregoing, the Director may deny a permit application if:
1. The Director determines that a permit
could not be issued that would result in compliance with applicable solid waste
standards; or
2. The applicant
could not comply with the permit as issued.
Notes
Authors: Russell A. Kelly, Eric L. Sanderson, S. Scott Story, Heather M. Jones
Statutory Authority: Code of Ala. 1975, §§ 22-27-3, 22-27-5, 22-27-7, 22-27-48 and 48.1.
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