Ala. Admin. Code r. 335-14-5-.04 - Contingency Plan And Emergency Procedures
(1)
Applicability.
The requirements of 335-14-5-.04 apply to owners and operators of all hazardous
waste facilities, except as
335-14-5-.01(1)
provides otherwise.
(2)
Purpose and implementation of
contingency plan.
(a) Each owner
or operator must have a contingency plan for his facility. The contingency plan
must be designed to minimize hazards to human health or the environment from
fires, explosions, or any unplanned sudden or non-sudden release of hazardous
waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be
carried out immediately whenever there is a fire, explosion, or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
(3)
Content of contingency
plan.
(a) The contingency plan
must describe the actions facility personnel must take to comply with
335-14-5-.04(2) and (7) in response to fires, explosions, or any unpermitted
sudden or non-sudden release of hazardous waste or hazardous waste constituents
to air, soil, or surface water at the facility.
(b) If the owner or operator has already
prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan or some
other emergency or contingency plan, he need only amend that plan to
incorporate hazardous waste management provisions that are sufficient to comply
with the requirements of 335-14-5. The owner or operator may develop one
contingency plan which meets all regulatory requirements. The Department
recommends that the plan be based on the National Response Team's Integrated
Contingency Plan Guidance ("One Plan"). When modifications are made to non-RCRA
provisions in an integrated contingency plan, the changes do not trigger the
need for a RCRA permit modification.
(c) The plan must describe arrangements
agreed to by local Law enforcement, fire departments, hospitals, contractors,
and ADEM Field Operations Division and local emergency response teams to
coordinate emergency services, pursuant to
335-14-5-.03(8).
(d) The plan must list names, and office and
home addresses, and phone numbers of all persons qualified to act as emergency
coordinator (see 335-14-5-.04(6) ), and this list must be kept up to date.
Where more than one person is listed, one must be named as primary emergency
coordinator and others must be listed in the order in which they will assume
responsibility as alternates. For new facilities, this information must be
supplied to the Department at the time of certification, rather than at the
time of permit application.
(e) The
plan must include a list of all emergency equipment at the facility [such as
fire extinguishing systems, spill control equipment, communications and alarm
systems (internal and external)], and decontamination equipment, where this
equipment is required. This list must be kept up to date. In addition, the plan
must include the location and a physical description of each item on the list,
and a brief outline of its capabilities.
(f) The plan must include an evacuation plan
for facility personnel where there is a possibility that evacuation could be
necessary. This plan must describe signal(s) to be used to begin evacuation,
evacuation routes, and alternate evacuation routes (in cases where the primary
routes could be blocked by releases of hazardous waste or fires). All
evacuation routes should be depicted on a map to be included with the
evacuation plan.
(4)
Copies of the contingency plan. A copy of the
contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local law enforcement,
fire departments, hospitals, and ADEM Field Operations Division and local
emergency response teams that may be called upon to provide emergency services.
Documentation of compliance with this requirement must be maintained at the
facility.
(5)
Amendment of contingency plan. The contingency plan
must be reviewed, and immediately amended if necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) The facility changes--in its design,
construction, operation, maintenance, or other circumstances--in a way that
materially increases the potential for fires, explosions, or releases of
hazardous waste or hazardous waste constituents, or changes the response
necessary in an emergency;
(d) The
list of emergency coordinators changes; or
(e) The list of emergency equipment
changes.
(6)
Emergency coordinator. At all times, there must be at
least one employee either on the facility premises or on call (i.e., available
to respond to an emergency by reaching the facility within a short period of
time) with the responsibility for coordinating all emergency response measures.
This emergency coordinator must be thoroughly familiar with all aspects of the
facility's contingency plan, all operations and activities at the facility, the
location and characteristics of waste handled, the location of all records
within the facility, and the facility layout. In addition, this person must
have the authority to commit the resources needed to carry out the contingency
plan.
(7)
Emergency
procedures.
(a) Whenever there is
an imminent or actual emergency situation, the emergency coordinator (or his
designee when the emergency coordinator is on call) must immediately:
1. Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
2. Notify appropriate State of
Alabama or local agencies with designated response roles if their help is
needed.
(b) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. He may do this by observation or review of facility
records or manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator
must assess possible hazards to human health or the environment that may result
from the release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-off from water or chemical agents used to
control fire and heat-induced explosions).
(d) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health or the environment outside the facility (release of hazardous
waste or hazardous waste constituents from the active portion of the facility
is defined as such a threat), he must report his findings as follows:
1. If his assessment indicates that
evacuation of local areas may be advisable, he must immediately notify
appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
2. He must immediately notify the Alabama
Emergency Management Agency (800/843-0699, 24 hours a day), the National
Response Center (800/424-8802 or 202/267-2675, 24 hours a day), and the
Department (334/271-7700 between 8:00 a.m. and 5:00 p.m., Monday through
Friday). The report must include:
(i) Name
and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g.,
release, fire);
(iv) Name and
quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any;
and
(vi) The possible hazards to
human health or the environment outside the facility.
(e) During an emergency, the
emergency coordinator must take all reasonable measures necessary to ensure
that fires, explosions, and releases do not occur, recur, or spread to other
hazardous waste at the facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing release waste, and
removing or isolating containers.
(f) If the facility stops operations in
response to a fire, explosion, or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered waste, contaminated soil, or surface water, or any other material
that results from a release, fire, or explosion at the facility.
(h) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
1. No waste that may be incompatible with the
released material is treated, stored, or disposed of until cleanup procedures
are completed; and
2. All emergency
equipment listed in the contingency plan is cleaned and fit for its intended
use before operations are resumed.
(i) The owner or operator must note in the
operating record the time, date, and details of any incident that requires
implementing the contingency plan. Within 15 days after the incident, he must
submit a written report on the incident to the Department. The report must
include:
1. Name, address, and telephone
number of the owner or operator.
2.
Name, address, and telephone number of the facility;
3. Date, time, and type of incident (e.g.,
fire, explosion);
4. Name and
quantity of material(s) involved;
5. The extent of injuries, if any:
6. An assessment of actual or potential
hazards to human health or the environment, where this is applicable;
and
7. Estimated quantity and
disposition of recovered material that resulted from the incident.
Notes
Authors: Stephen C. Maurer, Amy P. Zachry, W. Gerald Hardy, C. Edwin Johnston, Bradley N. Curvin, Theresa A. Maines, Marlon D. McMillan, Jonah Harris
Statutory Authority: Code of Ala. 1975, ยงยง 22-30-11, 22-30-16.
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