Current through Register Vol. 42, No. 5, February 29, 2024
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 facility.
Certificate of Exceptions apply only in mandatory collection
jurisdictions.
(1)
General. A person, household, or any property owner may store,
haul, and dispose of his or her own solid wastes on his or her land or
otherwise, provided such storage, haulage, or disposal is accomplished pursuant
to a Certificate of Exception. To obtain a Certificate of Exception, an
application, application fee, and a plan must be filed with the LHD.
(a) An application for a Certificate of
Exception shall be made on forms provided by the Board.
(b) The certificate holder must abate any
public health nuisance resulting from the certificate holder's storage or
transportation of solid waste.
(c)
The LHD shall not issue Certificates of Exception without prior written
approval from the local governing body.
(d) The LHD is authorized to deny an
application for a Certificate of Exception if such exception violates any
federal, state, or local law or ordinances, or any rules promulgated by any
other federal or state agency, or other states.
(e) All certificates shall be valid for 1
year from the date of issue and are renewable annually.
(2)
Transportation Exception. No
household shall transport its own solid waste for handling or disposal until
such household has applied for and received a Certificate of Exception from the
LHD. The LHD may issue the exception for households but may not issue the
exception for businesses or industries.
(a)
The applicant shall meet the following criteria:
1. The application shall be made on forms
provided by the Board.
2. The
application shall be accompanied by a written plan for the transportation of
the household's solid waste, including, but not limited to, the method and
frequency of transportation, the name and location of the facility to be used,
and written verification that such facility agrees to accept the applicant's
waste.
(b) Solid waste
shall be transported at least weekly and shall be deposited at a facility
approved to receive such waste.
(c)
Solid waste shall be stored and transported in a manner that will not create a
public health nuisance and will prevent the leakage, spilling, or escape of
solid, semi-solid, or liquid wastes.
(d) The certificate holder shall promptly
retrieve or remove any waste materials that leaked, spilled, or escaped during
storage or transportation and deposit such waste at an approved
facility.
(e) The certificate
holder shall obtain a receipt for each deposit of solid waste.
1. Said receipts shall be maintained for at
least 2 years from the date of issue and shall be made available to the LHD
upon request.
2. Each receipt for
deposit of solid waste shall contain the name and location of the facility used
and the date of deposit.
(3) Shared Service. A person desiring to be
excluded from participating in a mandatory collection program because of shared
service shall identify himself to the LHD and verify compliance with the
requirements of (2)(b) above.
(a) Exclusion
from a mandatory collection program is renewable annually; however, such
exclusion is non-transferable from one person to another. In addition, if the
collector discontinues service, and is not replaced by another collector who
agrees to collect the combined waste, then shared service is no longer
allowed.
(b) Persons who request to
be excluded from participating in a mandatory collection program due to shared
service shall provide documentation to the LHD that their activity satisfies
the following criteria:
1. All persons under
such agreement are located within the same governing body's collection
jurisdiction.
2. Collection of the
solid waste is accomplished pursuant to an agreement with an approved collector
and in a manner approved by the LHD.
3. The collector is aware that the service is
being shared, and said collector agrees to collect the combined solid waste for
the single price charged.
4. The
solid waste being combined is generated on properties which are located
adjacent to each other.
Previous rule .07 was renumbered to .06 as per certification
filed April 20, 2017; effective June 4,
2017.
Authors: Phyllis C. Mardis; Dillon Bullard;
Matthew Conner; Ken Stephens; Thad Pittman
Statutory Authority:
Code of Ala.
1975, §§
22-2-2(6),
22-10-1
et seq.,
22-27-1,
et seq.
