1. (1) Registration. A Recovered Material Processing Facility, as defined in 335-13-1-.03, is "a facility primarily engaged in the storage, processing, and resale or reuse of recovered materials. A Recovered Materials Processing Facility is not a solid waste management facility; however, any solid waste resulting form the operation of a facility shall be subject to all applicable laws and regulations relating to solid waste and shall be deemed to be generated for purposes of reporting pursuant to solid waste reduction goals, at the point of collection of the recovered materials from which the solid waste resulted". A Recovered Material Processing Facility may not receive, store, process or transfer recovered material without being properly registered with the Department.(a) Any person who operates a Recovered Material Processing Facility without having applied for registration with the Department may be considered to be operating an unauthorized dump as defined in 335-13-1-.03,and may be subject to enforcement action in accordance with 335-13.
2. 1. The owner or operator of each new Recovered Material Processing 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 Recovered Material Processing 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 the 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.
3. 2. 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.
4. 3. The following information shall be submitted electronically by the owner or operator of the Recovered Material Processing Facility on a form designated by the Department:
5. i. 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.
6. ii. 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.
7. iii. Verification of site access controls utilized at the facility, e.g. gates, fencing, natural barriers, etc.
8. iv. A general description of the facility operations to collect, store, and process materials.
9. v. A list of Departmental Permits, Registrations, and Certifications along with their respective Department assigned ID numbers, as applicable.
10. vi. Statement to the Department of normal hours of operation of the facility for purposes of facilitating inspection by the Department.
11. vii. Methods utilized to weigh or estimate weight of materials received.
12. (b) Registrations are not transferable.
13. 1. 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.
14. 2. 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.
15. (c) If a Recovered Material Processing Facility is found to be in significant noncompliance with the requirements of 335-13-3, the registration for the facility may be revoked or the application for registration denied by the Director.
16. 1. 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.
17. 2. The registrant shall be responsible for the compliance of the registered facility with all applicable rules.
18. (d) 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 their 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.
19. (2) Facility Operation. Registered Recovered Materials Processing Facilities shall be operated according to this rule in order to remain a properly registered facility.
20. (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.
21. (b) Acceptance of Recovered Materials. A facility may accept material(s)in accordance with the terms of the registration and in accordance with the materials listing provided by the facility with its registration application.
22. 1. Each facility shall notify the Department upon accepting any type of materials not previously listed in the registration. A registration modification application including the new type of material(s) must be submitted electronically to the Department within thirty (30) days of initial receipt.
23. 2. A facility regulated under these rules shall not accept recovered materials without the proper records as required under 335-13-3-.05(4).
24. 3. A facility shall maintain compliance with Code of Alabama, 1975, §§13A-8-30 to 13A-8-39, as amended.
25. (c) Recovered Materials - Material Segregation and Storage.
26. 1. All loose, lightweight, unbaled materials such as paper, plastic, and cardboard should be stored in a manner to prevent wind dispersal.
27. 2. Materials not intended for recycling and destined for disposal shall be stored separately.
28. (d) Signage. Each facility which accepts materials from the general public 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, and recycling registration number.
29. (3) 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:
30. (a) Speculative accumulation means a material that is accumulated before being recycled. Speculative accumulation of recovered materials is not allowed.
31. 1. A material is not speculatively accumulated if the person accumulating it can show that the material is potentially recovered, has a feasible means of being recycled and adheres to the following requirements:
32. 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.
33. ii. The accumulation period must be documented through an inventory log or other appropriate method.
34. 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-.05(3)(a)1.i., must be counted as received material in the following calendar year.
35. iv. All unprocessed recovered 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).
36. v. Upon processing, all non-recoverable 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.
37. (b) For the purposes of this rule the term “year” shall be the calendar year commencing on January 1 and ending on December 31.
38. (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-.05(3)(e)3., that it is in compliance with the 75% requirement for the year of the effective date of these regulations.
39. (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.).
40. (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:
41. 1. Material(s) type, quantity, and current method of segregation and storage.
42. 2. Efforts to move material to an End-Use Manufacturing Facility.

43. 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, 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.”

44. (f) Exemptions granted pursuant to 335-13-3-.05(3)(e) shall be valid for a period determined by the Department, but not to exceed one (1) year.
45. (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.
46. (4) Recordkeeping And Reporting Requirements.
47. (a) Except as provided in Rule 335-13-3-.05(4)(b), a record or log must be maintained for each shipment of recovered and non-recovered materials received or shipped by the registered facility so that the Department can verify facility compliance with the seventy-five percent (75%) rate required by 335-13-3-.05(3). 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:
48. 1. Description of materials received listed by material type.
49. 2. Weight of each material type.
50. (b) The requirement for a record shall not apply to recovered materials accepted in the following cases:
51. 1. Materials delivered by a person in quantities as can be expected from normal individual household generation.
52. 2. Materials delivered to an unmanned drop-off or collection box location where no personnel would be available to complete a record.
53. (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.
54. (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 recovered materials or recyclable 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:
55. 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.
56. 2. The amount of each material type expressed in tons delivered or 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.
57. 3. The type and quantity of material, expressed in tons, to include residues or non-recovered materials removed from the facility by a solid waste collector/hauler and destined for disposal, energy recovery, or further processing. 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.
58. 4. A statement of compliance that the facility complied with the requirements of 335-13-3-.05(3).
59. (e) Annual reports containing the information required in 335-13-3-.05(4)(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.
60. (5) Inspection Of Facilities.
61. (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.
62. (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.
63. (c) The Department may require the registrant to prepare materials for inspection.
64. (6) Closure Of Facilities.
65. (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:
66. (b) 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.
67. (c) 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 facility and/or solid waste disposal facility.
68. (d) Plans and methods for the prevention of accumulation of solid wastes or recovered materials at the facility following closure, and the plans for disposition of such materials in compliance with applicable regulatory requirements.
69. (e) All solid waste and recovered materials shall be properly removed from the facility with appropriate documentation and a certification statement provided to the Department of such removal, 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.

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.