Alabama Administrative Code

The purpose of these rules is to regulate the collection and transportation of solid waste, excluding medical waste and hazardous waste, protect the public's health and the environment by regulating the permitting of certain solid waste collectors, transporters, and their equipme…

(1) As used in these rules, words in the masculine gender also include the feminine and neuter genders, words in the singular include the plural, and words in the plural include the singular. (2) Each person who generates solid waste, in addition to adhering to all local ordinanc…

For the purpose of these rules, the following words and phrases shall have the meanings ascribed to them in these rules and as ascribed by law unless the context of the rules indicate differently. (1) Act -- the "Solid Wastes and Recyclable Materials Management Act," Act No. 151,…

Approval of any regulated solid waste operation or facility by the LHD or the State Health Department, when required, does not constitute or imply approval by any county, municipality, or other agency having planning, zoning, or other legal jurisdiction. Similarly, the approval o…

Nothing in these rules shall be construed to limit the authority of municipal and county governments, or solid waste authorities, to adopt more stringent solid waste management requirements. Notes Ala. Admin. Code r. 420-3-5-.05 Adopted June 15, 1988; Filed June 20, 1988; effecti…

These rules specify the method of obtaining a Certificate of Exception for any household who meets the minimum requirements and who chooses to dispose of his household solid waste in an approved manner or transport his own household solid waste to an approved handling or disposal…

Households whose sole source of income is social security benefits may seek an exemption from the payment of solid waste collection fees from the county or municipal governing body by submitting a request and proof of income to the LHD. The applicants shall verify income through …

The creation, contribution to, or operation of an unauthorized dump is a public health nuisance and shall be abated as provided by law. Persons who create, contribute to, or operate an unauthorized dump or who own the property upon which an unauthorized dump is located shall be h…

(1) Each generator of solid waste is responsible for providing adequate storage for his or her solid waste in a manner consistent with these rules and acceptable to the LHD. (2) All solid waste shall be stored in a manner that does not constitute a public health nuisance or healt…

Any person, whether public or private, engaging in the collection or transportation of solid waste, shall be subject to the requirements of this Rule. (1) Permitting. No person shall collect and transport solid waste, until he has applied for and received a Solid Waste Collector …

For applications submitted after the effective date of these rules and before making application to the LHD, the applicant shall obtain approval from the local governing body pursuant to Code of Ala. 1975, Section 22-27-48.1. Transfer stations shall meet all the requirements of t…

Except as to imported solid waste, where evidence of the posting of performance bonds or other assurances as may be satisfactory to the local governing body is required for certain permits, and where the applicant for said permits is a governing body, said applicant may substitut…

(1) The Board or LHD may deny, suspend, modify, or revoke any permit or certificate issued, if the holder of the permit or certificate is found to be in violation of any of the permit or certificate conditions, fails to perform such activity in accordance with the approved plan, …

Permits or certificates are not transferable from one person to another; or from one site or facility to another. Notes Ala. Admin. Code r. 420-3-5-.14 Adopted June 15, 1988; effective July 25, 1988. Emergency Repeal and New Rule: Filed May 20, 1994; effective May 27, 1994. Repea…

Written requests for a variance to these rules shall be submitted and considered and may be granted pursuant to the Board's Rule-making Procedures, specifically Rule 420-1-2-.09, Waivers or Variances, Ala. Admin. Code. Notes Ala. Admin. Code r. 420-3-5-.15 Adopted June 15, 1988; …

Any person who violates the provisions of these rules, shall, upon conviction be guilty of a misdemeanor and fined in accordance with Section 22-27-7 of the Code of Ala. 1975. Notes Ala. Admin. Code r. 420-3-5-.16 Adopted June 15, 1988; effective July 25, 1988. Emergency Repeal a…

(1) Permit denials, suspensions, and revocations. The denial, suspension, and/or revocation of a permit shall be governed by the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Ala. 1975. (2) Hearings. (a) Contested case hearings shall be provided in accordance …

The rules, paragraphs, parts, items, and provisions of this chapter are severable. Should any portion thereof be ruled unconstitutional or unenforceable by any court, the said rules shall not affect any other provision of this chapter not ruled upon. Notes Ala. Admin. Code r. 420…

All rules promulgated and adopted by the Board, which are in conflict with the chapter or any provisions thereof are hereby expressly repealed. Notes Ala. Admin. Code r. 420-3-5-.19 Adopted June 15, 1988; effective July 25, 1988. Emergency Repeal and New Rule: Filed May 20, 1994;…

All rules promulgated and adopted by the Board, which are in conflict with the Chapter or any provisions thereof are hereby expressly repealed. Notes Ala. Admin. Code r. 420-3-5-.20 Adopted June 15, 1988; effective July 25, 1988. Emergency Repeal and New Rule: Filed May 20, 1994;…

All rules promulgated an adopted by the Board which are in conflict with the Chapter or any provisions thereof are hereby expressly repealed. Authors: Kimberly R. Rice, John-Paul O'Driscoll Notes Ala. Admin. Code r. 420-3-5-.21 Adopted June 15, 1988; effective July 25, 1988. Emer…

Notes Ala. Admin. Code r. 420-3-5-.22 Adopted June 15, 1988; effective July 25, 1988. Emergency Repeal and New Rule: Filed May 20, 1994; effective May 27, 1994. Repealed and New Rule: Filed October 20, 1994; effective October 20, 1994. Emergency Repeal and New Rule: Filed Novembe…

Notes Ala. Admin. Code r. 420-3-5-.23 Adopted June 15, 1988; effective July 25, 1988. Emergency Repeal and New Rule: Filed May 20, 1994; effective May 27, 1994. Repealed and New Rule: Filed October 20, 1994; effective October 20, 1994. Emergency Repeal and New Rule: Filed Novembe…

The purpose of these rules is to protect public health and the environment by establishing requirements regarding the approval, permitting, siting, operation, record keeping, and closure of land application facilities; regulating septage management practices; requiring minimum sa…

When used in this chapter, the following terms and words shall be construed and have the meaning assigned to them as follows, except where the context prohibits: (1) ADEM - the Alabama Department of Environmental Management. (2) ADPH - the Alabama Department of Public Health, the…

Nothing in these rules shall be construed to limit the authority of a municipal or county government to adopt more stringent requirements to be used in conjunction with these rules. Notes Ala. Admin. Code r. 420-3-6-.03 Filed: September 20, 1989. Repealed. Filed: November 19, 199…

Approval of any land application facility or operation by the LHD or the Board does not constitute or imply approval by a county, municipality, or other agency having planning, zoning, or other legal jurisdiction. Similarly, approval of a land application facility or operation by…

(1) This chapter applies to any person who pumps sewage tanks, prepares septage that is applied to the land; to any person who applies septage to the land; to the septage that is applied to the land; and to the land on which septage is applied. In addition, this chapter applies t…

Septage and other permitted waste shall be treated and disposed of by means of a publicly or privately-owned sewage treatment plant, approved landfill, or other approved facility, where such facilities are available, and where septage or other permitted waste is accepted by those…

Any person who prepares septage or other permitted waste that is applied to the land, who applies septage or septage mixed with other permitted waste to the land, or who owns or uses the land on which septage or septage mixed with other permitted waste is applied, shall employ me…

(1) The applicant shall employ an engineer to complete the following requirements in this rule: (a)420-3-6-.09(2)(d) - Septage management plan. (b)420-3-6-.09(2)(g) - Protective measures. (c)420-3-6-.10(1) - Plat map. (d)420-3-6-.10(3) - Vicinity map. (e)420-3-6-.12 - Storage tan…

No person shall apply septage or septage mixed with other permitted waste to any land of this state for which a current Land Application Permit has not been issued in accordance with these rules. (1) Before any person may establish, operate, or materially alter or modify a land a…

All applications to land apply any permitted septage shall include the following information: (1) A plat map showing the exact location of the proposed facility, indicating the total acreage and the setback distances from key natural and man-made features referenced in Rule 420-3…

An annual cropping plan shall be prepared by a Certified Crop Advisor (CCA) to clearly show how the applicant will use the site for land application of septage during the 365-day period. This information shall be submitted with initial application information and updated during t…

The use of storage tanks is required for land application facilities. The storage tanks may be located on or off actual land application property. (1) Storage tanks shall be: (a) Manufactured of material or treated to resist corrosion and rust.1. Above ground tanks shall be const…

Public notice is required when a permit application for a new land application facility has been received and deemed complete, and a tentative determination has been made to issue the permit; or when a public hearing has been scheduled. Land application sites permitted prior to t…

The location of a land application facility shall not pose a threat or endangerment to surface waters; to groundwater or the aquifer; to public or private drinking water wells; to a residence or public contact site; or to wetlands, or otherwise cause a nuisance menacing public he…

The operation and management of a land application facility shall not cause a nuisance or hazard menacing public health or the environment; provide harborage or food for vermin or vectors; or cause contamination or pollution of groundwater, surface waters, or public or private dr…

All records pertaining to the operation and management of the land application facility, as specified in this rule, shall be maintained for a minimum period of 5 years from the date each record is created. (1) The following records shall be maintained in a legible form by the per…

The closure of a land application facility shall be performed subject to approval by the LHD or the Board and pursuant to the following requirements: (1) The permit holder shall notify the LHD in writing of an intention to close the facility at least 90 days prior to the planned …

Agents and employees of ADPH or the LHD shall be permitted access to all property on which a land application facility is proposed or on which a land application facility has been permitted for the purpose of consultation, evaluation, and/or inspection and determining compliance …

The LHD or the Board may modify or revoke a permit issued under these rules for cause, to include, but not be limited to, one or more of the following: (1) It is determined by the LHD or the Board that the continued use of the site may cause a nuisance menacing public health. (2)…

Land application permits, and sewage tank pumping permits are not transferable from one person to another or from one site or facility to another. Notes Ala. Admin. Code r. 420-3-6-.20 Filed: September 20, 1989. Repealed. Filed: November 19, 1991. New Rule: Filed: October 20, 199…

(1) Permit denials, suspensions, and revocations. The denial, suspension, and/or revocation of a permit shall be governed by the Alabama Administrative Procedure Act, § 41-22-1, et seq., Code of Ala. 1975. (2) Hearings. (a) Contested case hearings shall be provided in accordance …

All rules promulgated and adopted by the Board which are in conflict with this chapter or any provisions thereof are hereby expressly repealed, including the Sewage Tank Pumping Permit provisions in Chapter 420-3-1, Onsite Sewage Treatment and Disposal. Notes Ala. Admin. Code r. …

(1) A person proposing to be a sewage tank pumper shall obtain a permit issued by the LHD in the county where said sewage tank pumper operates a sewage tank pumper facility and in accordance with the requirements listed below. An LHD shall honor a permit issued by another LHD. Th…

The purpose of these rules is to provide administrative details and procedures for the control of notifiable diseases or health conditions. Notes Ala. Admin. Code r. 420-4-1-.01 Filed September 1, 1982. Emergency repeal and adoption of new rule Filed September 23, 1987. Repealed …

(1) Birth defects - New diagnosis of a structural, functional, or biochemical abnormality regardless of cause and irrespective of any known genetic or environmental association(s) specified by the National Birth Defects Prevention Network or as designated by the State Health Offi…

(1) The State Committee of Public Health, acting for the State Board of Health, shall designate in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-1, et seq., by majority vote, the diseases and health conditions which are notifiable and may ch…

(1) Responsibility for Reporting. Each physician, dentist, nurse, medical examiner, hospital administrator, nursing home administrator, laboratory director, school principal, and child care center/Head Start director shall be responsible to report cases or suspected cases of noti…