(1)
General application
requirements.
(a) Any person who
is required to have an Alabama Hazardous Waste Transport Permit or Alabama Used
Oil Transport Permit, including new applicants and permittees with expiring
permits, shall complete, sign, and submit an application to the Department as
described in
335-14-8-.09.
1. A transporter
with an Alabama Hazardous Waste Transport Permit may also transport used oil,
so long as the transportation of used oil is conducted in accordance with the
requirements of Rule
335-14-17-.05
2. A transporter with an Alabama
Used Oil Transport Permit may not transport hazardous waste without first
applying for, and receiving, an Alabama Hazardous Waste Transport
Permit.
(b) The
Department shall not issue a permit before receiving a complete application for
a permit except for emergency permits. An application for a permit is complete
when the Department receives an application and any supplemental information
which are completed to the Department's satisfaction.
(c) All applicants shall provide the
information set forth in
335-14-8-.09(4).
(d) No applicant shall begin hazardous waste
or used oil transportation activities prior to the granting of the appropriate
permit by the Department except as directed by the Department during emergency
response.
(e) Any transporter with
an effective permit shall submit a new application at least 180 days before the
expiration date of the effective permit.
(f) Applicants shall keep records of all data
used to complete permit applications and any supplemental information submitted
to the Department for at least 3 years from the date the application is signed
unless the Department extends the time period.
(2)
Signatories to permit
applications.
(a) All permit
applications shall be signed as follows:
1.
For a corporation, by a responsible corporate officer. For the purpose of
335-14-8-.09(2), a responsible corporate officer means:
(i) A president, secretary, treasurer, or
vice-president of the corporation in charge of a principal business function,
or any other person who performs similar policy making or decision making
functions for the corporation;
2. For a partnership or sole proprietorship,
by a general partner or the proprietor, respectively; or
3. For a municipality, State of Alabama,
Federal, or other public agency by either a principal executive officer or
ranking elected official.
(b) Any person signing a permit application
under
335-14-8-.09 shall make the following certification:
"I certify under penalty of law that this permit application
and all attachments were prepared under my direction or supervision in a manner
to assure that qualified personnel gather and evaluate the information
submitted. Based on my inquiry of the person(s) who gathered and evaluated the
information and of the person(s) responsible for managing the regulated
activity, the information submitted is, to the best of my knowledge and belief,
true, accurate and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment. I understand that it is my responsibility to notify the
Department within forty-five (45) days of changes in information in the current
permit application."
(3)
Confidentiality.
An applicant may claim information submitted as confidential if the information
is protectable under Code of Ala. 1975, §
22-30-18,
as amended. The term "trade secret" as used in §
22-30-18 is defined in Code of Ala. 1975, §
22-30-3(12).
(4)
Contents of the permit
application. The permit application under
335-14-8-.09 shall
include the following information:
(a) Name,
address, telephone number, and EPA identification number of the
applicant;
(b) Address(es) and
telephone number(s) of any transfer facilities operated by the applicant in
Alabama;
(c) A description of the
type and scope (numbers and types of vehicles) of operation proposed;
(d) EPA Hazardous Waste Numbers (if
applicable), as set out in Chapter 335-14-2, and type of waste (liquids,
solids, sludges, gases, dusts, used oil, or others) expected to be transported
by the applicant;
(e) A listing of
any other environmental permits or authorities granted to the
applicant;
(f) Name, address, and
telephone number where information, reports, and documents required to be
maintained by these regulations may be inspected;
(g) A contingency plan indicating how the
applicant will respond to the "worst case" discharge of hazardous waste or used
oil, as applicable, during loading, transport, and unloading in order to assure
that such discharge does not present a hazard to human health or the
environment;
(h) Proof of financial
assurance as required under Rule
335-14-4-.04 or
335-14-17-.05(4),
whichever is greater in the case of transporters handling both used oil and
hazardous waste; and
(i) Evidence
of training programs, including a detailed outline of the training programs,
undertaken by drivers and other personnel involved with the handling and
transportation of hazardous waste and/or used oil, as applicable.
Notes
Ala. Admin. Code r. 335-14-8-.09
November 19, 1980.
Amended: April 9, 1986; August 24, 1989. Amended: Filed: November 30, 1994
effective January 5, 1995. Amended: Filed March 9, 2001; effective April 13,
2001. Amended: Filed February 8, 2002; effective March 15, 2002. Amended: Filed
February 28, 2012; effective April 3, 2012.
Amended by
Alabama
Administrative Monthly Volume XXXVI, Issue No. 05, February 28,
2018, eff. 4/7/2018.
Authors: Stephen C. Maurer; James T. Shipman;
C. Edwin Johnston; Vernon H. Crockett
Statutory Authority:
Code of Ala.
1975, §§
22-30-11,
22-30-12,
22-30-15.
