Ala. Admin. Code r. 335-14-6-.02 - General Facility Standards
(1)
Applicability.
The requirements of 335-14-6-.02 apply to owners and operators of all hazardous
waste facilities except as
335-14-6-.01(1)
provides otherwise.
(2)
Identification number. Every facility owner or
operator must obtain an EPA identification number by submitting a completed
Notification of Regulated Waste Activity, ADEM Form 8700-12, to the Department,
along with the appropriate fees specified in Chapter 335-1-6 of the ADEM
Administrative Code.
(3)
Required notices.
(a)
1. The
owner or operator of a facility that has arranged to receive hazardous waste
from a foreign source must notify the Department in writing at least four weeks
in advance of the date the waste is expected to arrive at the facility. Notice
of subsequent shipments of the same waste from the same foreign source is not
required.
2. The owner or operator
of a recovery facility that has arranged to receive hazardous waste subject to
rule
335-14-3-.09
must provide a copy of the movement document bearing all required signatures to
the foreign exporter; to the Office of Enforcement and Compliance Assurance,
Office of Federal Activities, International Compliance Assurance Division
(2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; to the Alabama Department of Environmental Management,
Land Division, P. 0. Box 301463, Montgomery, AL 36130; and to the competent
authorities of all other countries concerned within three (3) working days of
receipt of the shipment. The original of the signed movement document must be
maintained at the facility for at least three (3) years. In addition, such
owner or operator shall, as soon as possible, but no later than thirty (30)
days after the completion of recovery and no later than one (1) calendar year
following the receipt of the hazardous waste, send a certificate of recovery to
the foreign exporter, to the competent authority of the country of export, to
the Department, and to EPA's Office of Enforcement and Compliance Assurance at
the above address by mail, e-mail without digital signature followed by mail,
or fax followed by mail.
(b) Before transferring ownership or
operation of a facility during its operating life, or of a disposal facility
during the post-closure care period, the owner or operator must notify the new
owner or operator in writing of the requirements of 335-14-6 and 335-14-8.
However, an owner's or operator's failure to notify the new owner or operator
as required by 335-14-6-.02(3)(b) in no way relieves the new owner or operator
of his obligation to comply with all applicable requirements of Division
335-14.
(c)
1. A facility owner or operator must submit a
correct and complete ADEM Form 8700-12 (including all appropriate attachment
pages and fees) reflecting current waste activities to the Department annually.
The Department must receive the ADEM Form 8700-12 (including all appropriate
attachment pages and fees) no later than the 15th
day of the specified month in the specified month schedule located at rule
335-14-1-.02(1)(a).
2. In order to eliminate the need for
multiple Notifications during the reporting year, facilities which anticipate
periodically switching between generator classifications should notify for the
higher classification (i.e., if a facility typically operates as small quantity
generator, but anticipates being a large quantity generator for any period
during the year, they should notify as a large quantity generator);
and
3. The ADEM Form 8700-12,
Notification of Regulated Waste Activity, is not complete without payment of
all the appropriate fees specified in Chapter 335-1-6 of the ADEM
Administrative Code.
(4)
General waste
analysis.
(a) Before an owner or
operator treats, stores, or disposes of any hazardous waste, or non-hazardous
wastes if applicable under
335-14-6-.07(4)
(d), he must obtain a detailed chemical and
physical analysis of a representative sample of the wastes. At a minimum, this
analysis must contain all the information which must be known to treat, store,
or dispose of the waste in accordance with the requirements of 335-14-6,
335-14-7, and 335-14-9.
2. The analysis may
include data developed under 335-14-2, and existing published or documented
data on the hazardous waste or on waste generated from similar
processes.
3. The analysis must be
repeated as necessary to ensure that it is accurate and up to date. At a
minimum, the analysis must be repeated:
(i)
When the owner or operator is notified, or has reason to believe, that the
process or operation generating the hazardous wastes or non-hazardous waste, if
applicable, under
335-14-6-.07(4)(d)
has changed; and
(ii) For off-site
facilities, when the results of the inspection or analysis required in
335-14-6-.02(4)(a)3. indicate that the hazardous waste received at the facility
does not match the waste designated on the accompanying manifest or shipping
paper.
4. The owner or
operator of an off-site facility must inspect and analyze each hazardous waste
movement received at the facility to determine whether it matches the identity
of the waste specified on the accompanying manifest or shipping
paper.
(b) The owner or
operator must develop and follow a written waste analysis plan which describes
the procedures which he will carry out to comply with 335-14-6-.02(4)(a). He
must keep this plan at the facility. At a minimum, the plan must specify:
1. The parameters for which each hazardous
waste, or non-hazardous waste if applicable under
335-14-6-.07(4)
(d), will be analyzed and the rationale for
the selection of these parameters (i.e., how analysis for these parameters will
provide sufficient information on the waste's properties to comply with
335-14-6-.02(4) (a) );
2. The test
methods which will be used to test for these parameters;
3. The sampling method which will be used to
obtain a representative sample of the waste to be analyzed. A representative
sample may be obtained using either:
(i) One
of the sampling methods described in 335-14-2 -Appendix I; or
(ii) An equivalent sampling method approved
by the Department.
4. The
frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up to date.
5. For off-site facilities, the waste
analyses that hazardous waste generators have agreed to supply; and
6. Where applicable, the methods that will be
used to meet the additional waste analysis requirements for specific waste
management methods as specified in
335-14-6-.10(11),
335-14-6-.11(6),
335-14-6-.12(3),
335-14-6-.13(4),
335-14-6-.14(15),
335-14-6-.15(2),
335-14-6-.16(6),
335-14-6-.17(3),
335-14-6-.27,
335-14-6-.28,
335-14-6-.29,
335-14-7-.08(4),
and
335-14-9-.01(7).
7. For surface impoundments exempted from
land disposal restrictions under
335-14-9-.01(4),
the procedures and schedule for:
(i) The
sampling of impoundment contents;
(ii) The analysis of test data; and
(iii) The annual removal of residues which
are not delisted under
335-14-1-.03(2)
or which exhibit a characteristic of hazardous waste and either:
(I) Do not meet applicable treatment
standards of Rule
335-14-9-.04;
or
(II) Where no treatment
standards have been established;
I. Such
residues are prohibited from land disposal under
335-14-9-.03(13)
or RCRA Section 3004(d); or
II.
Such residues are prohibited from land disposal under
335-14-9-.03(14).
8. For owners and operators seeking an
exemption to the air emission standards of
335-14-6-.29;
(i) The procedures and schedules for waste
sampling and analysis, and the analysis of test data to verify the
exemption.
(ii) Each generator's
notice and certification of the volatile organic concentration in the waste if
the waste is received from off site.
(c) For off-site facilities, the waste
analysis plan required in 335-14-6-.02(4)(b) must also specify the procedures
which will be used to inspect and analyze each movement of hazardous waste
received at the facility to ensure that it matches the identity of the waste
designated on the accompanying manifest or shipping paper. At a minimum, the
plan must describe and justify:
1. The
procedures which will be used to determine the identity of each movement of
waste managed at the facility and shall include collection of representative
samples which will be obtained from each waste stream from each shipment of
waste received from each generator and analyzed in accordance with the
requirements of 335-14-6-.02(4) to accurately identify each movement of
hazardous waste received at the facility;
2. The sampling method and number of samples
which will be used to obtain a representative sample of the waste stream to be
identified; and
3. The method(s)
which will be used to analyze the sample(s).
4. The procedures that the owner or operator
of an off-site landfill receiving containerized hazardous waste will use to
determine whether a hazardous waste generator or treater has added a
biodegradable sorbent to the waste in the container.
(d) For off-site facilities, samples of
waste(s) from each generator collected in accordance with the requirements of
335-14-6-.02(4)(c) may be composited prior to analysis provided that:
1. No more than ten individual samples are
composited into any one sample for analysis; and
2. Only compatible wastes from the same
generator and waste stream are composited into any one sample which is to be
analyzed.
3. In the event that the
analytical results of sample(s) obtained in compliance with the requirements of
35-14-6-.02(4) indicate that the hazardous waste received at the facility does
not match the waste described on the accompanying manifest or shipping paper,
the facility owner or operator shall:
(i)
Collect and analyze a representative sample from each container;
(ii) Identify the container(s) holding the
waste(s) which cause the discrepancy to occur; and
(iii) Comply with the requirements of
335-14-6-.05(3)(b).
(e) Upon receipt of a satisfactory
demonstration based on the types of waste received and treated, stored or
disposed of at the facility, processes utilized to manage the waste, and any
other reasonable factors, the Department may grant a partial or full exemption
from the requirements for the sampling and analysis of each shipment of waste
as required by 335-14-6-.02(4) (c).
[NOTE: The term "movement" as used in 335-14-6-.02(4) refers to individual truckloads, batches, shipments, etc., of wastes received at the facility. It is not intended to impose requirements for additional waste analyses for internal movements of wastes within the facility unless otherwise required by Division 335-14.]
(5)
Security.
(a) The owner or operator must prevent the
unknowing entry, and minimize the possibility for the unauthorized entry, of
persons or livestock onto the active portion of his facility, unless:
1. Physical contact with the waste,
structures, or equipment within the active portion of the facility will not
injure unknowing or unauthorized persons or livestock which may enter the
active portion of a facility, and
2. Disturbance of the waste or equipment, by
the unknowing or unauthorized entry of persons or livestock onto the active
portion of a facility, will not cause a violation of the requirements of
335-14-6.
(b) Unless
exempt under 335-14-6-.02(5)(a)1. and (a)2., a facility must have:
1. A 24-hour surveillance system (e.g.,
television monitoring or surveillance by guards or facility personnel) which
continuously monitors and controls entry onto the active portion of the
facility; or
2.
(i) An artificial or natural barrier (e.g., a
fence in good repair or a fence combined with a cliff), which completely
surrounds the active portion of the facility; and
(ii) A means to control entry, at all times,
through the gates or other entrances to the active portion of the facility
(e.g., an attendant, television monitors, locked entrance, or controlled
roadway access to the facility).
(c) Unless exempt under 335-14-6-.02(5)(a)1.
and (a)2., a sign with the legend, "Danger--Unauthorized Personnel Keep Out",
must be posted at each entrance to the active portion of a facility, and at
other locations, in sufficient numbers to be seen from any approach to this
active portion. The legend must be written in English and in any other language
predominant in the workplace and the area surrounding the facility, and must be
legible from a distance of at least 25 feet. Existing signs with a legend other
than "Danger--Unauthorized Personnel Keep Out" may be used if the legend on the
sign indicates that only authorized personnel are allowed to enter the active
portion, and that entry onto the active portion can be dangerous.
(6)
General inspection
requirements.
(a) The owner or
operator must inspect his facility for malfunctions and deterioration, operator
errors, and discharges which may be causing or may lead to:
1. Release of hazardous waste constituents to
the environment; or
2. A threat to
human health. The owner or operator must conduct these inspections often enough
to identify problems in time to correct them before they harm human health or
the environment.
(b)
1. The owner or operator must develop and
follow a written schedule for inspecting all monitoring equipment, safety and
emergency equipment, security devices, and operating and structural equipment
(such as dikes and sump pumps) that are important to preventing, detecting, or
responding to environmental or human health hazards.
2. He must keep this schedule at the
facility.
3. The schedule must
identify the types of problems (e.g., malfunctions or deterioration) which are
to be looked for during the inspection (e.g., inoperative sump pump, leaking
fitting, eroding dike, etc.).
4.
The frequency of inspection may vary for the items on the schedule. However,
the frequency should be based on the rate of deterioration of the equipment and
the probability of an environmental or human health incident if the
deterioration, malfunction, or any operator error goes undetected between
inspections. Areas subject to spills, such as loading and unloading areas, must
be inspected daily when in use. At a minimum, the inspection schedule must
include the items and frequencies called for in
335-14-6-.09(5),
335-14-6-.10(4),
335-14-6-.10(6),
335-14-6-.11(7),
335-14-6-.12(11),
335-14-6-.13(9),
335-14-6-.14(5),
335-14-6-.15(8),
335-14-6-.16 (8
),
335-14-6-.17(4),
335-14-6-.27,
335-14-6-.28,
and
335-14-6-.29,
where applicable.
(c) The
owner or operator must remedy any deterioration or malfunction of equipment or
structures which the inspection reveals on a schedule which ensures that the
problem does not lead to an environmental or human health hazard. Where a
hazard is imminent or has already occurred, remedial action must be taken
immediately.
(d) The owner or
operator must record inspections in an inspection log or summary. He must keep
these records for at least three years from the date of inspection. At a
minimum, these records must include the date and time of the inspection, the
name of the inspector, a notation of the observations made, and the date and
nature of any repairs or other remedial actions.
(7)
Personnel
training.
(a) Facility personnel
whose duties have a direct effect on hazardous waste management and/or
hazardous waste accumulation, whether by direct contact with the hazardous
waste or through hazardous waste management activities, must receive training.
1. Facility personnel must successfully
complete a program of classroom instruction or on-the-job training that teaches
them to perform their duties in a way that ensures the facility's compliance
with the requirements of 335-14-6. The owner or operator must ensure that this
program includes all the elements described in the document required under
335-14-6-.02(7) (d)3.
2. This
program must be directed by a person trained in hazardous waste management
procedures, and must include instruction which teaches facility personnel
hazardous waste management procedures (including contingency plan
implementation) relevant to the positions in which they are employed.
3. At a minimum, the training program must be
designed to ensure that facility personnel are able to respond effectively to
emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including where applicable:
(i) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(ii) Key parameters for automatic waste feed
cut-off systems;
(iii)
Communications or alarm systems;
(iv) Response to fires or
explosions;
(v) Response to
groundwater contamination incidents; and
(vi) Shutdown of operations.
4. For facility employees that
receive emergency response training pursuant to Occupational Safety and Health
Administration (OSHA) regulations
29 CFR
1910.120(p)(8) and
1910.120(q),
the facility is not required to provide separate emergency response training
pursuant 335-14-6-.02(7), provided that the overall facility training meets all
the requirements of 335-14-6-.02(7).
(b) Facility personnel must successfully
complete the program required in 335-14-6-.02(7)(a) within six months after the
effective date of these regulations or six months after the date of their
employment or assignment to a facility, or to a new position at a facility,
whichever is later. Employees hired after the effective date of these
regulations must not work in unsupervised positions until they have completed
the training requirements of 335-14-6-.02(7) (a).
(c) Facility personnel must take part in an
annual review of the initial training required in 335-14-6-.02(7)(a).
(d) The owner or operator must maintain the
following documents and records at the facility:
1. The job title for each position at the
facility related to hazardous waste management, and the name of the employee
filling each job;
2. A written job
description for each position listed under 335-14-6-.02(7)(d)1. This
description may be consistent in its degree of specificity with descriptions
for other similar positions in the same company location or bargaining unit,
but must include the requisite skill, education, or other qualifications, and
duties of facility personnel assigned to each position;
3. A written description of the type and
amount of both introductory and continuing training that will be given to each
person filling a position listed under 335-14-6-.02(7) (d) l;
4. Records that document that the training or
job experience required under 335-14-6-.02(7)(a), (b), and (c) have been given
to, and completed by, facility personnel.
(e) Training records on current personnel
must be kept until closure of the facility. Training records on former
employees must be kept for at least three years from the date the employee last
worked at the facility. Personnel training records may accompany personnel
transferred within the same company.
(8)
General requirements for
ignitable, reactive, or incompatible wastes.
(a) The owner or operator must take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste. This waste must be separated and protected from sources of ignition or
reaction including but not limited to: open flames, smoking, cutting, and
welding, hot surfaces, frictional heat, sparks (static, electrical or
mechanical), spontaneous ignition (e.g., from heat-producing chemical
reactions), and radiant heat. While ignitable or reactive waste is being
handled, the owner or operator must confine smoking and open flame to specially
designated locations. "No Smoking" signs must be conspicuously placed wherever
there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other
paragraphs of 335-14-6, the treatment, storage, or disposal of ignitable or
reactive waste, and the mixture or commingling of incompatible wastes, or
incompatible wastes and materials, must be conducted so that it does not:
1. Generate extreme heat or pressure, fire or
explosion, or violent reaction;
2.
Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient
quantities to threaten human health;
3. Produce uncontrolled flammable fumes or
gases in sufficient quantities to pose a risk of fire or explosions;
4. Damage the structural integrity of the
device or facility containing the waste; or
5. Through other like means threaten human
health or the environment.
(9)
Location
standards. The placement of any hazardous waste in a salt dome,
salt bed formation, underground mine, or cave is prohibited.
(10)
Construction quality
assurance program.
(a) CQA
program.
1. A construction quality assurance
(CQA) program is required for all surface impoundment, waste pile and landfill
units that are required to comply with
335-14-6-.11(2)(a),
335-14-6-.12(5),
and
335-14-6-.14(2)(a).
The program must ensure that the constructed unit meets or exceeds all design
criteria and specifications in the permit. The program must be developed and
implemented under the direction of a CQA officer who is a registered
professional engineer.
2. The CQA
program must address the following physical components, where applicable:
(i) Foundations;
(ii) Dikes;
(iii) Low-permeability soil liners;
(iv) Geomembranes (flexible membrane
liners);
(v) Leachate collection
and removal systems and leak detection systems; and
(vi) Final cover systems.
(b) Written CQA plan.
Before construction begins on a unit subject to the CQA program under
335-14-6-.02(10)(a), the owner or operator must develop and implement a written
CQA plan. The plan must identify steps that will be used to monitor and
document the quality of materials and the condition and manner of their
installation. The CQA plan must include:
1.
Identification of applicable units and a description of how they will be
constructed.
2. Identification of
key personnel in the development and implementation of the CQA plan, and CQA
officer qualifications.
3. A
description of inspection and sampling activities for all unit components
identified in 335-14-6-.02(10)(a)2., including observations and tests that will
be used before, during, and after construction to ensure that the construction
materials and the installed unit components meet the design specifications. The
description must cover: sampling size and locations; frequency of testing; data
evaluation procedures; acceptance and rejection criteria for construction
materials; plans for implementing corrective measures; and data or other
information to be recorded and retained in the operating record under
335-14-6-.05(4).
(c) Contents of program.
1. The CQA program must include observations,
inspections, tests, and measurements sufficient to ensure:
(i) Structural stability and integrity of all
components of the unit identified in 335-14-6-.02(10)(a)2.;
(ii) Proper construction of all components of
the liners, leachate collection and removal system, leak detection system, and
final cover system, according to permit specifications and good engineering
practices, and proper installation of all components (e.g., pipes) according to
design specifications;
(iii)
Conformity of all materials used with design and other material specifications
under
335-14-5-.11(2),
335-14-5-.12(2),
and
335-14-5-.14(2).
2. The CQA program shall include
test fills for compacted soil liners, using the same compaction methods as in
the full-scale unit, to ensure that the liners are constructed to meet the
hydraulic conductivity requirements of
335-14-5-.11(2)(c)1.,
335-14-5-.12(2)(c)1.,
and
335-14-5-.14(2)(b)1.
in the field. Compliance with the hydraulic conductivity requirements must be
verified by using in-situ testing on the constructed test fill. The test fill
requirement is waived where data are sufficient to show that a constructed soil
liner meets the hydraulic conductivity requirements of
335-14-5-.11(2)(c)1.,
335-14-5-.12(2)(c)1.,
and
335-14-5-.14(2)(b)1.
in the field.
(d)
Certification. The owner or operator of units subject to 335-14-6-.02(10) must
submit to the Director by certified mail or hand delivery, at least 30 days
prior to receiving waste, a certification signed by the CQA officer that the
approved CQA plan has been successfully carried out and that the unit meets the
requirements of
335-14-6-.11(2)
(a),
335-14-6-.12(5),
or
335-14-6-.14(2)(a).
The owner or operator may receive waste in the unit after 30 days from the
Director's receipt of the CQA certification unless the Director determines in
writing that the construction is not acceptable, or extends the review period
for a maximum of 30 more days, or seeks additional information from the owner
or operator during this period. Documentation supporting the CQA officer's
certification must be furnished to the Director upon
request.
Notes
Authors: Stephen C. Maurer; Steven 0. Jenkins; Amy P. Zachry; Michael B. Champion; Kelley Lockhart; Bradley N. Curvin; Theresa A. Maines; Heather M. Jones; Jonah L. Harris; Vernon H. Crockett; Sonja B. Favors; Brent A. Watson
Statutory Authority: Code of Ala. 1975, §§ 22-30-11, 22-30-16.
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