Alabama Administrative Code Chapter 335-4-7 — Scrap Tire Transporters

335 Alabama Department of Environmental Management

Ala. Admin. Code r. 335-4-7-.01 General Requirements For Transporters

(1) A transporter shall only accept scrap tires or processed tire material from a registered receiver, a permitted processor, a SWDF or other persons approved by ADEM.

(2) Transporters may transport scrap tires or processed tire material to a registered receiver, a permitted or registered processor, a retreader or a SWDF.

(3) Transporters may only accept scrap tires or processed tire material manifested in accordance with 335-4-4-.05.

(4) Scrap tire transporters are required to maintain financial assurance in accordance with 335-4-8.

History

• Author: James L. Bryant
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Published June 28, 2024; effective August 12, 2024.

Ala. Admin. Code r. 335-4-7-.02 Decal Requirements

Vehicles operated by the transporter or receiver shall exhibit a decal issued by ADEM. The transporter or receiver shall maintain a list of decal assignments to specific vehicles and may request new decals via the Department-approved electronic system, when additional vehicles are added.

(a) The decal shall be placed on each vehicle in the fleet and be clearly visible at all times. The decal shall be placed on the left side of the vehicle, either on the windshield or the side of the vehicle immediately behind the driver's side door and/or in accordance with U.S. Department of Transportation requirements.

(b) Numbered decals shall be provided by ADEM to the transporter who shall assign the decals to their vehicles. The transporter or receiver shall maintain a list of decals and the vehicle to which that decal is assigned. Decals are not transferable to another vehicle.

(c) The transporter or receiver may paint or scribe in some manner the decal information of the side of the vehicle immediately behind the driver’s side door if the information placed on the vehicle clearly provides all information on the ADEM decal. Letters and numbers placed on the vehicle in this manner shall be at least one (1) inch in height. Letters and numbers shall be enduring and not change appearance with time.

History

• Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Published June 28, 2024; effective August 12, 2024.

Ala. Admin. Code r. 335-4-7-.03 Reporting

(1) A transporter shall submit a scrap tire semi-annual report as described in 335-4-1-.03, utilizing ADEM Form 539, for each six (6)-month period of the calendar year (January through June, July through December). All reports shall be submitted to ADEM no later than the 28th day following the end of the reporting period.

(2) If a permitted vehicle of the transporter is involved in a motor vehicle accident while transporting tire materials and tire materials are spilled, the transporter shall notify ADEM, as described in 335-4-1-.03, within seventy-two (72) hours of the accident. The notification shall provide the following information:

(a) Date, time, and location of the accident.

(b) Amount of tire materials spilled from the vehicle involved in the accident.

(c) The disposition of spilled tire materials and tire materials remaining in or on the vehicle.

History

• Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Published June 28, 2024; effective August 12, 2024.

Ala. Admin. Code r. 335-4-7-.04 Recordkeeping Requirements

An operating record for the transporter shall be maintained at a facility located in Alabama or in an alternate location approved by ADEM.

(a) The following information shall be placed in the operating record as it becomes available:

1. The permit application and permit as issued by ADEM.

2. Financial Assurance or insurance documentation.

3. Appropriate information on all vehicles transporting tire materials, to include vehicle identification number, make/model, and license number, and decal numbers assigned to those vehicles.

4. Reports or documentation generated during the normal operation of the transporter including, but not limited to:

(i) Manifests of tire materials transported.

(ii) Semi-annual reports utilizing ADEM Form 539.

(iii) Arrangement for fire protection services, if applicable.

(iv) Accident reports.

(v) Vector Control Plan as referenced in 335-4-1-.05(5).

(vi) Any other report or document generated in the normal operation of the facility that is submitted to ADEM.

5. Electronic versions of records listed in 335-4-7-.04 may be maintained in the operating record as allowed in 335-4-1-.05(7).

(b) All information contained in the operating record shall be retained for at least three (3) years. Records relating to a violation or enforcement action shall not be removed from the Operating Record for at least three (3) years and, until all these matters are resolved.

History

• Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes
• Authority: Code of Ala. 1975, §§22-40A-1 et seq.
• New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 23, 2010; effective March 30, 2010. Amended: Published June 28, 2024; effective August 12, 2024.