1. (1) Registration. A Materials Recovery Facility, as defined in 335-13-1-.03, may not receive, store, process, or transfer solid waste containing recyclable material without being properly registered with the Department.
2. (a) Any person who operates a Materials Recovery Facility, without having registered, shall be considered to be operating an unpermitted solid waste management facility or an unauthorized dump as defined in 335-13-1-.03, and shall be subject to enforcement action in accordance with 335-13.
3. (2) The owner or operator of each new Materials Recovery Facility desiring to begin operation after the effective date of this Chapter shall file an application for registration at least forty-five (45) days prior to receiving materials. All registered Materials Recovery facilities will be subject to periodic renewal of the initial registration issued by the Department. Within one hundred eighty (180) days of the effective date of these regulations, all existing registered facilities shall submit an application for registration renewal on a form designated by Department. Facilities that do not submit an application for registration renewal within one hundred eighty (180) days of the effective date of these regulations, shall have their registration deactivated.
4. (3) Each registration issued will be valid for five (5) years. Registration renewals shall be submitted at least sixty (60) days prior to the expiration date.
5. (4) The following information shall be submitted electronically by the owner or operator of the Materials Recovery Facility on a form designated by the Department:
6. (a) An accurate physical address, latitude and longitude of the front access gate of the facility, mailing address (if different from physical address), owner or operator information, and facility contact information.
7. (b) A listing of the types of recovered materials (e.g. plastics, paper, cardboard, ferrous metals, non-ferrous metals, glass, rubber, electronics, batteries, etc.) to be received, stored, processed or transferred by the facility.
8. (c) A general description of the plans for further processing or uses of all materials to be collected, stored and processed. Such plans are not required to include specific information on quantities to be shipped to specific facilities, names of facilities or other information that may be established as business confidential by the registrant pursuant to 335-1-1-.06.
9. (d) Documentation of host government approval as provided in Code of Alabama, 1975,§§ 22-27-48 and 48.1.
10. (e) Verification of site access controls to be utilized at the facility, e.g. gates, fencing, natural barriers, etc.
11. (f) A site plan map which identifies and plots the location of all equipment, buildings, activities and areas related to the receipt, storage, processing, and transferring of all unprocessed and processed recyclable materials.
12. (g) A list of Departmental Permits, Registrations, and Certifications along with their respective Department assigned ID numbers, as applicable.
13. (h) An operations plan which shall include, at a minimum, the following:
14. 1. Normal hours of operation of the facility.
15. 2. A general description of facility operation from receipt of solid waste and recyclable materials to the point of transfer to recovered material processing facility, energy recovery facilities, end-use manufacturing facilities, or disposal facilities.
16. 3. Anticipated maximum amount of each material type expected to be stored or stockpiled at the facility in tons.
17. 4. Methods utilized to weigh or estimate weight of materials received.
18. 5. A description of methods used to control vectors of public health importance which shall include, but not be limited to, rodents, flies and mosquitoes, and dust and litter at the facility. Such control shall be consistent with the administrative rules of the Health Department and the Department.
19. (5) Registrations are not transferable.
20. (a) If a registered facility has a change in ownership or operator, the new owner or operator shall register with the Department within thirty (30) days of assuming ownership or operation of the facility.
21. (b) Changes in the name of a facility also require notification to the Department within thirty (30) days of the effective date of the name change, and payment of fees specified in 335-1.
22. (6) If a Materials Recovery Facility is found to be in significant noncompliance with the requirements of Chapter 335-13-3, the registration for the facility may be revoked or the application for registration denied by the Director.
23. (a) The facility may request an informal conference with ADEM to discuss the revocation or denial by ADEM. Following this informal conference, the Director shall advise the facility of the final determination on the registration.
24. (b) The registrant shall be responsible for the compliance of the registered facility with all applicable rules not withstanding the performance of compliance-related duties by independent contactors or agents.
25. (c) A registered facility that discontinues receiving, processing or utilizing recovered materials shall notify ADEM within thirty (30) days of such a change in operations and request that the registration be deactivated. All recovered materials and solid wastes shall be removed from the facility before ADEM will deactivate the registration. Such removal shall be in accordance with all applicable regulations regarding recycling or disposal.
26. (7) The Department may specify in the registration for a facility the quantity and nature of recovered materials to be managed, in accordance with the application.
27. (8) Facility Operation. Registered Materials Recovery Facilities shall be operated according to this rule in order to remain a properly registered facility.
28. (a) Failure to maintain minimum standards and operational requirements may result in revocation of the registration and may cause the facility to be subject to additional requirements of 335-13 and regulated as a Solid Waste Disposal Facility as defined in 335-13-1-.03 or an unauthorized dump in accordance with 335-13-1-.13.
29. (b) Acceptance of Solid Waste Containing Recyclable Materials. A facility may accept materials in accordance with the terms of the registration and in accordance with the materials listing provided by the facility with its registration application.
30. 1. Each facility shall notify the Department upon accepting any type of material(s) not previously listed in the registration. A registration modification application including the new type of material(s), and applicable fees, must be submitted electronically to the Department within thirty (30) days of initial receipt.
31. 2. A facility regulated under these rules shall not accept solid waste containing recyclable materials without the proper records as required under 335-13-3-.04(10).
32. 3. A facility shall maintain compliance with Code of Alabama,1975, §§13A-8-30 to 13A-8-39, as amended.
33. (c) Material Segregation and Storage. Materials must be properly segregated according to material type and stored in accordance with this rule. Storage of recyclable materials shall be in a manner to protect the integrity of the materials.
34. 1. A receptacle or area, such as a tipping pad/floor, shall be designated for the receiving of incoming materials. The designated receptacle or area should be constructed in such a manner as to prevent exposure to precipitation and migration of materials off-site due to stormwater runoff, wind, or track-out by vehicles entering or leaving the facility.
35. 2. All receptacles or storage areas utilized for the storage of recyclable materials and/or solid waste materials should be separated from other receptacles or storage areas by a buffer such that all equipment for the movement of such materials may operate without migration of materials away from the receptacle or storage areas.
36. 3. Unless specified differently in a facility’s approved BMP plan, a buffer of no less than fifty (50) feet in width should be established and maintained between areas utilized for facility operations and the property boundaries in order to prevent migration of solid wastes or recyclable materials off-site. This buffer requirement shall not apply to materials located within enclosed warehouses or other buildings, nor to materials to be utilized on-site in the facility’s manufacturing or processing activities.
37. 4. Materials received by the facility shall be moved to the appropriate segregated storage area within seven (7) days of receipt.
38. (d) Recyclable Materials - Receptacles. Each facility should store materials in receptacles to protect the integrity and/or marketability of accepted materials and to prevent migration of materials off-site.
39. 1. All loose, lightweight, unbaled materials such as paper, plastic, and cardboard should be stored in a manner to prevent wind dispersal.
40. 2. All receptacles utilized to store recyclable materials and those utilized to store non-recyclable materials generated or received by the facility as a small portion of recyclable shipments or drop-offs shall be clearly marked with the type of material to be deposited. No material other than that specified shall be deposited or stored therein.
41. 3. Exceptions to the requirement for receptacle storage may include the storage of materials which have been baled or otherwise bound to prevent migration of materials off-site.
42. 4. Storage areas shall be maintained to prevent comingling of segregated materials. Materials not intended for recycling and destined for disposal shall be stored separately. Materials received or to be shipped shall be segregated and stored to prevent track-off and migration off-site.
43. 5. The area surrounding receptacles or storage areas whether indoors or outdoors, should at all times be maintained in a clean manner. No recyclable or waste materials of any kind should be allowed to overflow from or accumulate around any receptacles or storage areas.
44. (e) Signage. Each facility shall have and maintain at least one (1) sign, clearly visible and legible from off-site, which states the name, address and telephone number of the registrant, recycling registration number, the types of materials accepted by the facility and, the hours during which the facility shall be open to the public.
45. (f) Inspection by Owner/Operator or Responsible Person. The owner, operator or designated responsible person of each facility regulated under this rule shall inspect the facility at least weekly. Such inspections shall be documented in an inspection log which includes date of inspection, person performing the inspection, areas of concern and corrective actions. Inspections shall include the following items:
46. 1. Existence of cross-contamination in segregated storage areas which includes material storage areas containing more than one recyclable material type, and contamination of recyclables by solid wastes intended for disposal.
47. 2. Existence or the potential for recyclable material, or solid wastes intended for disposal, to migrate off-site either through stormwater runoff, wind or track-off by vehicular or equipment traffic.
48. 3. Unauthorized drop-off of wastes or materials not properly delivered to the facility such as those placed outside the facility boundary or any existing secured areas, and materials not accepted by the facility for recycling.
49. 4. Documentation of inspection findings requiring corrective action, including a description of the action taken and the date and time of the corrective action. Such corrective actions should be initiated within 48 hours of discovery.
50. (g) Fencing and Security. Facilities registered pursuant to these rules shall be secured by fencing or utilize other means of access control as necessary to prevent unauthorized disposal or removal of recyclable materials or solid wastes.
51. (9) Storage And Accumulation Limitations. As determined on a yearly basis (January through December), each registered facility shall transfer at least 75% of the amount of recovered material by weight or volume of that material accumulated that is recycled or diverted from the solid waste stream or processed for recycling to a Recovered Materials Processing Center or End-Use Manufacturing Facility. Each new facility beginning operation on the effective date of these regulations shall meet this accumulation limit for that portion of the year in which the facility begins receiving materials for recycling or processing. The following conditions must be met in order to satisfy the 75% accumulation limitation requirement:
52. (a) Speculative accumulation means a material that is accumulated before being recycled. Speculative accumulation of recovered materials is not allowed.
53. 1. A material is not speculatively accumulated if the person accumulating it can show that the material is potentially recyclable, has a feasible means of being recycled and adheres to the following requirements:
54. i. During the calendar year (commencing on January 1) the amount of material that is recycled, recovered, or transferred to a different site for further recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the year.
55. ii. The accumulation period must be documented through an inventory log or other appropriate method.
56. iii. Any remaining material at the end of the calendar year, beyond that calculated in the 75 percent requirement as described in 335-13-3-.04(9)(a)1.i., must be counted as received material in the following calendar year.
57. iv. The accumulated volume of unprocessed recovered material shall not exceed the amount which can be processed within a one (1) year period.
58. v. All unprocessed solid waste containing recyclable material must be managed as items of value (e.g. prevent deterioration and breakdown, protection from the elements, runoff prevention, prevent wind dispersion, and fire protection).
59. vi. Upon processing, all non-recyclable materials shall be promptly disposed of in accordance with 335-13.  According to the provisions of Code of Alabama 1975, §22-22A-4(i), regulations addressing the collection and transportation of solid waste remain within the function of the State Health Department pursuant to Code of Alabama 1975, §§22-22A-5, 22-22A-8, and 22-27-9.
60. (b) For the purposes of this rule the term “year” shall be the calendar year commencing on January 1 and ending on December 31.
61. (c) Each facility in operation on the effective date of these regulations shall demonstrate, through certification of annual reports utilizing the language from 335-13-3-.04(9)(e)3., that it is in compliance with the 75% requirement for the year of the effective date of these regulations.
62. (d) Extensions of the time to recycle, recover, or transfer 75% of the material accumulated at the beginning of the period, not to exceed one (1) year, may be granted by the Department for just cause (e.g. End User Manufacturing Facility shutdown, change in market conditions, etc.).
63. (e) A registered facility may request a temporary exemption from this requirement by submitting a written request to the Department at least fifteen (15) days before the accumulation time-frame has been exceeded. Such request shall contain the following:
64. 1. Material(s) type, quantity, and current method of segregation and storage.
65. 2. Efforts to move material to a Recovered Material Processing Facility for further processing, to an End-Use Manufacturing Facility, or an Energy Recovery Facility.

66. 3. The following statement, certified by the responsible official or representative:

    “I hereby certify as an owner, operator, representative, or responsible official associated with the named facility, that the information supplied and statements made in this request are true and accurate to the best of my ability, and that failure to comply with the 75% requirement is not due to speculative accumulation or in violation of other requirements of this Chapter. Furthermore, I understand that continued non-compliance with the 75% requirement may result in the facility registration being revoked, and/or enforcement action by the Department, including substantial civil penalties being imposed.”

67. (f) Exemptions granted pursuant to 335-13-3-.04(9)(e) shall be valid for a period determined by the Department, but not to exceed one (1) year.
68. (g) Continued non-compliance with the storage time limit requirement may result in the revocation of the facility registration and/or enforcement action by the Department which may include civil penalties and/or a requirement for disposal of the accumulated materials in accordance with 335-13-3.
69. (10) Recordkeeping And Reporting Requirements.
70. (a) Except as provided in Rule 335-13-3-.04(10)(b), a record or log must be completed for each shipment of materials received or shipped by the registered facility so that the Department can verify facility compliance with the seventy-five (75) percent rate required by 335-13-3-.04(9). Copies of all records maintained by the facility shall be available for inspection by the Department, and shall be utilized to generate annual reports as required by this rule. All records must contain the following information:
71. 1. Description of materials received listed by material type.
72. 2. Weight of each material type.
73. (b) The requirement for a record shall not apply to recyclable materials accepted in the following cases:
74. 1. Materials delivered by a person in quantities as can be expected from normal individual household generation.
75. 2. Materials delivered to an unmanned drop-off or collection box location where no personnel would be available to complete a record.
76. (c) Records required in accordance with 335-13-3 shall be maintained at the facility for a minimum of three (3) years and made available for inspection by ADEM personnel upon request.
77. (d) Each facility subject to 335-13-3 shall prepare and submit an annual report in a form designated by the Department. The report shall include all recyclable materials or recovered materials transferred, sold, or conveyed out of state, to further processors, to materials brokers in the State of Alabama, or to End-Use Manufacturing Facilities in Alabama. These reports shall indicate the following:
78. 1. The amount of each material received at the facility during the reporting period, by type and quantity, expressed in tons. Owners/operators maintaining this information in cubic yards shall convert and indicate the conversion methodology to tons for the purposes of the annual report.
79. 2. The amount of each material type expressed in tons transported to further processors or End-Use Manufacturing Facilities.  Owners/operators maintaining this information in cubic yards shall convert and indicate the conversion methodology to tons for the purposes of the annual report.
80. 3. The type and quantity of material, expressed in tons, to include residues or non-recyclable materials removed from the facility by a solid waste collector/hauler and destined for disposal, energy recovery, or further processing and the name, address and telephone number of the hauler. Owners/operators maintaining the quantity information in cubic yards shall convert and indicate the conversion methodology to tons for the purposes of the annual report.
81. (e) Annual reports containing the information required in 335-13-3-.04(10)(d) above shall be submitted to the Department between January 1 and February 15 with the previous calendar year's information. Annual reports must be certified by the responsible official or representative of the facility and shall include a statement that all materials accepted or generated by the facility which were not sent to an End-Use Manufacturing Facility or reused on-site were properly disposed of in accordance with 335-13.
82. (11) Inspection Of Facilities.
83. (a) A facility registered under this rule shall, upon request of a duly authorized representative of the Department, permit the representative to enter, at all reasonable times, property and buildings to inspect facility operations, records and equipment, and to conduct monitoring or sampling activities as necessary to evaluate the facility’s compliance with the requirements of these rules.
84. (b) The registrant, owner or operator shall assure that all records and documentation as may be required to determine compliance with these rules are available for inspection and/or audit upon request by the Department.
85. (c) The Department may require the registrant to prepare materials for inspection.
86. (12) Closure Of Facilities.
87. (a) No person shall close a registered facility without submitting notification to the Department within thirty (30) days of the closure. Such notification shall contain the following:
88. 1. Name, address, telephone number, and registration number of the facility and name, address, and telephone number of the owner, operator, or responsible person following facility closure.
89. 2. Plans for notifying the facility’s customers of the closure. Such notification to customers shall include the placement of signs of suitable size at the entrance to the facility indicating the closure date of the facility and/or last date materials to be accepted, if different than the closing date. Such notification shall also include the location of the nearest available recycling and/or solid waste disposal facility.
90. 3. Plans and methods for the prevention of recyclable materials and other solid wastes to accumulate at the facility following closure, and the plans for disposition of such materials in compliance with applicable regulatory requirements.
91. (b) All solid waste and recyclable materials shall be properly removed from the facility with appropriate documentation and a certification statement provided to the Department of such removal prior to closure, potential nuisance conditions shall be addressed, and, if necessary, the site shall be stabilized to prevent migration of sediment off-site due to stormwater runoff.

Author: Phillip D. Davis, M. Gavin Adams, Jason Wilson, Blake B. Pruitt

Statutory Authority: Code of Alabama, 1975, §§22-27-9, 22-27-12, 22-27-15, 22-27-16, 22-27-48, 22-27-48.1..

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.