1. (1) Registration. An Energy Recovery Facility, as defined in 335-13-1-.03, may not receive, store, process or transfer solid wastes for energy recovery without being properly registered with the Department.
2. (a) Any person who operates an Energy Recovery 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.
3. 1. The owner or operator of each facility in existence on the effective date of this Rule shall file an application for registration with ADEM within 180 days. The owner or operator of each new Energy 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.
4. 2. The following information shall be submitted electronically by the owner or operator of the Energy Recovery Facility. Each owner or operator of a subject facility shall register with ADEM on a form designated by the Department. In addition to the designated form, the following information shall be submitted:
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 general description of the energy recovery process or uses of all solid waste to be received, stored, processed or transferred by the facility in a manner to be specified by the Department.
7. iii. A general description of the facility operations to collect, store, and process materials.
8. iv. A list of Departmental Permits, Registrations, and Certifications along with their respective Department assigned ID numbers, as applicable, including specific Air permits related to Energy Recovery operations.
9. v. Methods utilized to weigh or estimate weight of solid waste received.
10. (b) Registrations are not transferable.
11. 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.
12. 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.
13. (c) If an Energy Recovery Facility is found to be in significant noncompliance with the requirements of Division 335-13-3, the registration for the facility may be revoked or the application for registration denied by the Director.
14. 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.
15. 2. The registrant shall be responsible for the compliance of the registered facility with all applicable rules.
16. (d) A registered Energy Recovery Facility that discontinues receiving, processing or utilizing solid waste shall notify ADEM within thirty (30) days of such a change in operations and request that the registration be deactivated. All solid wastes shall be removed from the facility before ADEM will deactivate the registration.
17. (2) Recordkeeping And Reporting Requirements.
18. (a) A record or daily log must be maintained for the receipt of all materials received by the facility. 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:
19. 1. Weight of each material type.
20. (b) Records required in accordance with 335-13-3-.06 shall be maintained at the facility for a minimum of three (3) years and made available for inspection by ADEM personnel upon request.
21. (c) Each facility subject to 335-13-3 shall prepare and submit an annual report in a form designated by the Department. Owners/operators maintaining this information in cubic yards shall convert and indicate the conversion methodology to tons for the purposes of the annual report. These reports shall indicate the following:
22. 1. A record of the amounts of solid waste received for energy recovery, expressed in tons for each month from both in the State of Alabama and out of state.
23. 2. A record of the amounts of solid waste processed for energy recovery, expressed in tons for each month from both in the State of Alabama and out of state.
24. 3. The amount of each material type expressed in tons for each month transported to a solid waste disposal facility.
25. 4. A statement of compliance that the facility has complied with the requirements of 335-13-3.
26. (d) Annual reports containing the information required above must be submitted to the Department between January 1 and February 15 with the previous calendar year's information.
27. (e) Annual reports must be certified by the responsible official or representative of the facility and shall include a statement that all solid wastes accepted or generated by the facility which were not processed for energy recovery were properly disposed of in accordance with 335-13.
28. (3) Closure Of Facilities.
29. (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:
30. 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.
31. 2. Documentation and a statement certifying that all solid waste has been properly removed or processed from the facility prior to closure.

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.