Land
Division
The Land Division administers
several of the Alabama Department of Environmental Management’s Waste Management
and Remediation Programs pursuant to the authorities granted by the provisions
of the Alabama Environmental Management Act, Ala. Code §§22-22A-1 to
22-22A-16 and various other Acts. The Land Division has primary jurisdiction
over disposal of solid and hazardous waste within the State and with the
remediation of contaminated sites. Major programs within the Land Division
include
Hazardous Waste,
Solid Waste,
Remediation,
Scrap Tire,
and
Brownfields/Voluntary Cleanup.
Several
Other Programs
are also administered by Land Division.
Hazardous Waste Program:
the basics
The rules for ADEM’s
Hazardous Waste Program are found in Division 14 of the ADEM Administrative
Code, pursuant to Ala. Code §§22-30-1 to 22-30-24. Division
14 regulations contain standards applicable to generators and transporters
of hazardous waste and facilities that treat, store or dispose of hazardous
waste. Division 14 also sets forth the permitting requirements for treatment,
storage and disposal facilities and transporters of hazardous waste and for
corrective action at sites where hazardous wastes may have been disposed of
without a permit. These rules are at least as stringent as the federal Resource
Conservation and Recovery Act (RCRA) regulations administered by the US
Environmental Protection Agency (EPA).
The Land Division administers
the delegable provision of RCRA. EPA has promulgated regulations that ADEM must
follow in administering the provisions of RCRA in the State of Alabama. All
federal hazardous waste rules are published in the Federal Register and
subsequently Land Division undergoes a rulemaking process to adopt each
regulation and any modifications to existing regulations into Division 14 of the
ADEM Administrative Code. The Land Division may adopt regulations more
restrictive than RCRA in certain instances.
The Hazardous Waste
Program is administered within Land Division by the Governmental Hazardous Waste
Branch (GHWB) and Waste Programs Branch (WPB) for hazardous waste permitting,
compliance inspections and enforcement and hazardous waste corrective action.
Hazardous waste transporter permitting and hazardous waste financial assurance
is administered by the Environmental Services Branch (ESB).
Solid Waste Program:
the basics
The rules for ADEM’s Solid
Waste Program are found in Division 13 of the ADEM Administrative Code, pursuant
to Ala. Code §§22-27-1 to 22-27-49.
Division 13 regulations contain standards applicable to the design and
operation of solid waste landfills and set forth the permitting requirements for
solid waste disposal facilities. Collection and transportation of household
solid waste is regulated by the
Alabama Department of Public Health.
The Solid Waste Program is
administered within Land Division by the WPB for solid waste landfill
permitting, compliance inspections and enforcement and corrective action. WPB
also inspects illegal solid waste disposal sites and investigates complaints
regarding solid waste disposal. Enforcement action is taken as necessary to
assure proper disposal of all solid waste in Alabama.
Permitted Landfills can be found by
clicking here.
Remediation Program:
the basics
The Land Division administers
a remediation program for contaminated sites under several federal and state
regulations and Acts. Sites contaminated with hazardous waste and hazardous
substances are addressed in this Program. ADEM assists EPA with remediation at
sites subject to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, known as Superfund or CERCLA. ADEM may clean up small
sites contaminated with hazardous substances under the Alabama Hazardous
Substance Cleanup Fund Act, pursuant to Ala. Code §§22-30A-1 to 22-30A-11
(AHSCF). Drycleaner site remediation pursuant to Ala. Code §§22-30D-1 to
22-30D-12, the Alabama Drycleaning Environmental Response Trust Fund Act (ADERTF),
is reviewed and approved by Land Division.
Division 16 regulations contain standards applicable to the remediation of
drycleaner sites utilizing Drycleaner Environmental Trust Fund monies.
The Remediation Program is
administered within Land Division by the GHWB and WPB for Superfund projects.
AHSCF and ADERTF remediation projects are administered by the ESB.
Scrap Tire Program:
the basics
The rules for ADEM’s Scrap
Tire Program are found in Division 4 of the ADEM Administrative Code, pursuant
to Ala. Code §§22-40A-1 to 22-40A-24.
Division 4 regulations contain requirements applicable to the generation,
transportation, storage and processing of scrap tires. Division 4 also sets
forth the permitting requirements for transporters and processors of scrap
tires. Remediation of scrap tire sites is also conducted by Land Division under
the Scrap Tire Environmental Quality Act. Funds collected by the Alabama
Department of Revenue for the Scrap Tire Environmental Fee of $1 per tire are
used by ADEM to hire contractors to remove illegally disposed scrap tires for
reuse or disposal.
The Scrap Tire Program is
administered within Land Division by the WPB for permitting, compliance
inspections and enforcement and scrap tire site remediation. WPB also inspects
illegal scrap tire disposal sites and investigates complaints regarding scrap
tire management. Enforcement action is taken as necessary to assure proper
management of all scrap tires in Alabama.
Brownfields/Voluntary Cleanup Program:
the basics
The Land Division administers
a program for redevelopment of brownfields sites in Alabama. Brownfields sites
are real property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous substance,
pollutant, or contaminant. Often in highly desirable locations, redevelopment
of brownfields sites may bring jobs, increase the local tax base or create
public space without disturbing greenfields. The Voluntary Cleanup Program
(VCP) rules are found in Division 15 of the ADEM Administrative Code, pursuant
to Ala. Code §§22-30E-1 to 22-30E-13.
Division 15 regulations contain requirements applicable to sites wishing to
enter the VCP, including reports to be submitted and public participation.
The Land Division also
administers a Brownfields Program utilizing a grant from EPA under the Section
128(a) of the federal Small Business Liability Relief and Brownfields
Revitalization Act. The Brownfields Program assists local governments and
non-profit organizations with assessment, cleanup and redevelopment of
brownfields sites. ADEM may perform site assessments for these entities at no
cost, and also offers training and assistance on applying for EPA grants
available under Section 128(a).
The Brownfields/Voluntary
Cleanup Program is administered within Land Division by the ESB.
Other Programs
Various Other Programs are
administered by the Environmental Services Branch, including:
CERCLA Site Assessments,
where sites potentially contaminated with hazardous waste or hazardous
substances are assessed for EPA. Based on the assessment, a site may be
proposed for listing on the National Priorities List or assigned to EPA
Remediation Staff for remedial action under Superfund.
Medical Waste Program, where
medical waste generators register with ADEM and medical waste transporters and
processors are issued permits.
PCB Compliance Program, where
ADEM performs inspections and enforcement assistance to EPA for sites regulated
under the Toxic Substances Control Act.
Waste Pre-Approval Program,
where generators of solid waste must submit hazardous waste determinations prior
to receiving approval to dispose of hazardous waste and special waste in
permitted hazardous waste or solid waste landfills.
Applicable State Statutes may be found at:
www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
Title
22, Chapter 22A – Alabama Environmental Management Act
Title
22, Chapter 27 - Alabama Solid Wastes Disposal Act
Title
22, Chapter 30 - Alabama Hazardous Waste Management and Minimization Act
Title
22, Chapter 30A - Alabama Hazardous Substance Cleanup Fund Act
Title
22, Chapter 30B - Fees for Disposal of Hazardous Waste or Substances
Title
22, Chapter 30C - Chemical Weapons Destruction Limitation Act
Title
22, Chapter 30D - Alabama Drycleaning Environmental Response Trust Fund Act
Title
22, Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act
Title
22, Chapter 40A - Alabama Scrap Tire Environmental Quality Act
Applicable
Federal Statutes may be found at:
www.access.gpo.gov/uscode/
42
USC 9601, et seq. - Comprehensive Environmental Response, Compensation, and
Liability Act, as amended
42
USC 6901, et seq. - Resource Conservation and Recovery Act Act, as amended
42
USC 9628 - Small Business Liability Relief and Brownfields Revitalization Act
15
USC 2601, et seq. – Toxic Substances Control Act, as amended
To view additional Hazardous Waste information please click
on the following:
EPA Envirofacts Homepage
To view additional PCB information please click
on the following:
EPA PCB Homepage
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Contact Information
ADEM
Attn: Land Division
Post Office Box 301463
Montgomery, Alabama 36130-1463
Telephone Number : (334) 271-7730
Fax Number: (334) 279-3050
Question About our Land Division:
landmail@adem.state.al.us
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