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)
The owner or operator of a facility that is arranging or has arranged to
receive hazardous waste subject to
40 CFR
262, subpart H [incorporated by reference at
335-14-3-.09] from a foreign
source must submit the following required notices:
1. As per
335-14-3-.09(5),
for imports where the competent authority of the country of export does not
require the foreign exporter to submit to it a notification proposing export
and obtain consent from EPA and the competent authorities for the countries of
transit, such owner or operator of the facility, if acting as the importer,
must provide notification of the proposed transboundary movement in English to
EPA using the allowable methods listed in
40 CFR
262, subpart H [incorporated by reference at
335-14-3-.09(5)]
at least 60 days before the first shipment is expected to depart the country of
export. The notification may cover up to one year of shipments of wastes having
similar physical and chemical characteristics, the same United Nations
classification, the same RCRA waste codes and OECD waste codes, and being sent
from the same foreign exporter.
2.
AS per 335-14-3-.09(5),
a copy of the movement document bearing all required signatures within three
(3) working days of receipt of the shipment to the foreign exporter, to the
competent authorities of the countries of export and transit that control the
shipment as an export and transit shipment of hazardous waste respectively; and
on or after the electronic importexport reporting compliance date, to EPA
electronically using EPA's Waste Import Export Tracking System (WIETS), or its
successor system. The original of the signed movement document must be
maintained at the facility for at least three (3) years. The owner or operator
of a facility may satisfy this recordkeeping requirement by retaining
electronically submitted documents in the facility's account on EPA's Waste
Import Export Tracking System (WIETS), or its successor system, provided that
copies are readily available for viewing and production if requested by any EPA
or authorized state inspector. No owner or operator of a facility may be held
liable for the inability to produce the documents for inspection under this
section if the owner or operator of a facility can demonstrate that the
inability to produce the document is due exclusively to technical difficulty
with EPA's Waste Import Export Tracking System (WIETS), or its successor system
for which the owner or operator of a facility bears no
responsibility.
3. AS per
335-14-3-.09(5),
if the facility has physical control of the waste and it must be sent to an
alternate facility or returned to the country of export, such owner or operator
of the facility must inform EPA, using the allowable methods listed in
40 CFR
262, subpart H [incorporated by reference at
335-14-3-.09(5)]
of the need to return or arrange alternate management of the
shipment.
4. As per
335-14-3-.09(5),
such owner or operator shall:
(i) Send copies
of the signed and dated confirmation of recovery or disposal, as soon as
possible, but no later than thirty days after completing recovery or disposal
on the waste in the shipment and no later the one calendar year following
receipt of the waste, to the foreign exporter, to the competent authority of
the country of export that controls the shipment as an export of hazardous
waste, and for shipments recycled or disposed of on or after the electronic
import-export reporting compliance date, to EPA electronically using EPA's
Waste Import Export Tracking System (WIETS), or its successor system.
(ii) If the facility performed any of the
recovery operations R12, R13, or RC3, or disposal operations D13 through D15,
promptly send copies of the confirmation of recovery or disposal that it
receives from the final recovery or disposal facility within one year of
shipment delivery to the final recovery or disposal facility that performed one
of recovery operations R1 through R11, or RC1, or one of disposal operations D1
through D12, or DC1 to DC2, to the competent authority of the country of export
that controls the shipment as an export of hazardous waste, and on or after the
electronic importexport reporting compliance date, to EPA electronically using
EPA's Waste Import Export Tracking System (WIETS), or its successor system. The
recovery and disposal operations in this paragraph are defined in
40 CFR
262.81 [incorporated by reference in
335-14-3-.09(2)]
.
(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 offsite 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)1;
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-situtesting 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
Author: Stephen C. Maurer; Steven O. 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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