- (1) The following activities are exempt from the requirements imposed by 335-13-3:
- (a) The receipt of source-separated recyclable asphalt and pre-consumer asphalt shingles or other asphalt based roofing, or a combination thereof by an asphalt manufacturing plant prior to its introduction into the asphalt manufacturing process.
- (b) The recycling or reuse of materials which are generated, processed, and reused as a product, raw material or fuel exclusively at the point of generation by facility personnel, owned or operated by the same company, or on-site contractor operations which are directly related to the operation of the facility.
- (c) The receipt, storage, processing or transfer of grass clippings or other yard wastes, branches, stumps, limbs, brush, wood chips or bark derived from tree parts, and/or other non- putrescible, non-food wastes which is regulated separately by ADEM under regulations regarding composting facilities and/or is specifically exempted from solid waste regulations.
- (d) Scrap tire processing regulated under the 335-4 Regulations.
- (e) The processing and/or recycling of used oil and/or wastes regulated under 335-14 regulations, to include universal waste, provided only used oil or wastes regulated under 335-14 are processed.
- (f) Construction or contracting activities which, through the course of such activities generate source-separated recyclable materials to include asphalt, concrete, brick, or block, may store, process, or transfer the material provided all of the following apply:
- 1. The company or contractor is the generator of the materials.
- 2. Materials are stored in compliance with all applicable laws and regulations, including stormwater BMPs as required under 335-6, and
- 3. Materials are stored on-site for a period not to exceed the shorter of one (1) year from generation or the completion of the construction project.
Author: Phillip D. Davis, M. Gavin Adams, Jason Wilson, Blake B. Pruitt
Statutory Authority: Code of Alabama 1975, §§22-27-12, 22-27-15, 22-27-16.
History: Repealed: June 21, 1996; effective July 26, 1996. New Rule: Filed June 28, 2010; effective August 2, 2010. Amended: Published June 30, 2025; effective August 14, 2025.