Ala. Admin. Code r. 335-13-5-.06 - Permit Modification
The Department may modify any permit after receiving a satisfactory request for modification that is found in compliance with ADEM rules and regulations. Permit modifications shall be requested in writing utilizing application forms designated by the Department (ADEM Form 439 for MSWLFs, ILFs and CCR facilities, ADEM Form 305 for C/DLFs or ADEM Form 018 for composting facilities) when the permittee proposes to modify its operation in any of the ways listed in (1) or (2).
(1)
Major
Modifications.
(a) Major
modifications are limited to the following actions:
1. There is any change in the permitted
service area. The Director may temporarily or on a one-time basis waive permit
modification requirements related to service area on a case-by-case basis, if
it is demonstrated that a disposal alternative is needed immediately to protect
human health or the environment.
2.
Convert an industrial landfill (ILF) or construction/demolition landfill
(C/DLF) to a municipal solid waste landfill (MSWLF) or convert a
construction/demolition landfill (C/DLF) to an industrial landfill
(ILF).
3. Addition of a liner
and/or leachate collection system or any design change in the existing
permitted liner and/or leachate collection system.
4. Addition of acreage to the facility
boundary or addition of disposal acreage inside the permitted perimeter where
design plans have not been previously submitted.
(b) Modifications required under this
paragraph are subject to the provisions of rules
335-13-5-.03 and
§
335-13-5-.04,
which require a public notice and may require a public hearing.
(2)
Minor
Modifications.
(a) Except as
provided in 335-13-5-.06(2)(b), minor modifications are limited to the
following actions:
1. Correction of
typographical errors and informational changes as requested by the
permittee.
2. Changes to remove
permit conditions to conform with revised Department guidance or regulations
(i.e., permit conditions that are no longer applicable because the standards
upon which they were based are no longer applicable to the facility).
3. Changes, by the permittee, to approved
applicable plans, as included in the permit application, that increase the
frequency, duration or stringency of the actions covered by the applicable
plan(s).
4. Addition of a new
groundwater monitoring well or replacement of an existing monitoring well
(i.e., one that has been damaged or rendered inoperable, as close as possible
to the original location, and of similar design and depth).
5. Changes in the statistical analysis method
(e.g. changing from interwell or intrawell analysis).
6. Changes in the stormwater conveyance
system including, but not limited to, the addition of a sedimentation
basin.
7. Changes in fill
sequence.
8. Modifications required
by 335-13-5-.06(2)(a) are not subject to the provisions of
335-13-5-.03 and
335-13-5-.04, and
do not require public notice or a public hearing.
(b) Other Minor Modifications. Modifications
not explicitly listed in 335-13-5-.06(1) or (2)(a), will be considered a minor
modification that would be subject to the provisions of
335-13-5-.03 for
public notice and may require a public hearing under
335-13-5-.04.
Applicable actions include, but are not limited to, the following:
1. Addition of a waste stream to an ILF,
C/DLF or CCR unit.
2. An increase
in the average daily volume specified by the permit for a landfill or CCR unit.
The Director may temporarily or on a one-time basis waive permit modification
requirements related to an increase in the average daily volume on a
case-by-case basis, if it is demonstrated that a disposal alternative is needed
immediately to protect human health or the environment.
3. Addition of an alternative cover material
for daily or weekly cover.
4. For
landfill or CCR units undergoing corrective action, incorporation of approved
final remedies into the permit, or any changes to the approved final
remedy.
5. Any changes to the
permitted final fill elevations.
6.
Any change to the approved final closure method, as detailed in the closure
plan submitted with the approved permit application.
(c) For any proposed change covered under
335-13-5-.06(2)(b), the permittee may request a determination by the Department
that the modification application should be reviewed and approved as a minor
modification under 335-13-5-.06(2)(a). To do so, the permittee must provide the
Department with the necessary information to support the requested
classification. In determining the appropriate classification for a specific
modification, the Department shall consider:
1. The similarity of the modification to
other modifications listed in 335-13-5-.06(2)(a); and
2. The criteria that the modification(s)
apply only to changes that:
(i) Keep the
permit current with routine changes to the facility or its operation;
and
(ii) Do not substantially alter
the permit conditions.
(3) Procedures. Permittee shall request a
permit modification in accordance with the following procedures:
(a) Submit a request for modification to the
Department at least 120 days prior to the anticipated change.
(b) Identify each and every part of the
permit or plans to be modified.
(c)
Submit revised plans and narratives as required by the Department.
(d) For those modifications subject to the
provisions of
335-13-5-.03 for
public notice that may require a public hearing under
335-13-5-.04, 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 the permit
modification application.
(e)
Receive approval from the Department prior to implementing the
modification.
Notes
Authors: Russell A. Kelly, S. Scott Story
Statutory Authority: Code of Ala. 1975, §§ 22-22A-5, 22-27-3, 22-27-5, 22-27-7.
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