Alabama Department of Environmental Management Docket 335-4-9 Proposed Rule

al-al-6a104710e7cd9b0c1e0c07b0: 335-4-9 — Delegation of County Enforcement Programs

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What this rule does

The proposed rule involves amendments to Chapter 335-4-9, which allows county commissions or governing bodies of certain municipalities to request authority for enforcing regulations related to scrap tires. The amendment requires these entities to submit an enforcement plan that outlines their approach to managing scrap tires, including details on personnel and resources needed for enforcement.

Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →

The rule, in full

1,686 words as published, September 30, 2026. View the original →

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control No.: 335 Alabama Department of Environmental Management Land Department or Agency: Division - Scrap Tire Program Rule No.: Chapter 335-4-9 Rule Title: Delegation of County Enforcement Programs Intended Action: Amend Would the absence of the proposed rule significantly harm or endanger the public health, welfare, or safety? Yes power and the protection of the public health, safety, or welfare? Yes Is there another, less restrictive method of regulation available No that could adequately protect the public? Does the proposed rule have the effect of directly or indirectly increasing the costs of any goods or services involved? No To what degree?: N/A Is the increase in cost more harmful to the public than the harm NA that might result from the absence of the proposed rule? Are all facets of the rule-making process designed solely for the purpose of, and so they have, as their primary effect, the Yes protection of the public? litigation which the agency is a party to concerning the subject No matter of the proposed rule? Does the proposed rule have an economic impact? No If the proposed rule has an economic impact, the proposed rule is required to be accompanied by a fiscal note prepared in accordance with subsection (f) of Section 41-22-23, Code of Alabama 1975. Certification of Authorized Official I certify that the attached proposed rule has been proposed in full compliance with the requirements of Chapter 22, Title 41, Code of Alabama 1975, and that it Division of the Legislative Services Agency.ts of the Administrative Procedure Signature of certifying officer Jeffery W. Kitchens Jeffery W. Kitchens & F IL E D R E C ’ D Date Friday, September 18, 2026SE P 18, 2026 G E N C Y S LA T I E S V C A L EG I APA-2 ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - SCRAP TIRE PROGRAM NOTICE OF INTENDED ACTION AGENCY NAME: Alabama Department of Environmental Management Chapter 335-4-9 Delegation of County Enforcement RULE NO. & TITLE: Programs INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Revisions are proposed to amend 335-4-9 to incorporate State of Alabama Legislature Act#2025-202. TIME, PLACE AND MANNER OF PRESENTING VIEWS: Comments may be submitted in writing or orally at a public hearing to be held at 10:00 a.m., November 19, 2026, in the ADEM Main Hearing Room, 1400 Coliseum Boulevard, Montgomery, Alabama 36110. Attendance at the hearing is not necessary to present such data, views, arguments, or comments. All comments should be received by 5:00 p.m., November 19, 2026. Written submissions and other inquiries should be directed to: ADEM Hearing Officer, Office of General Counsel, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, AL 36130-1463 (street address: 1400 Coliseum Boulevard, Montgomery, AL 36110-2400) or by e-mail at hearing.officer@adem.alabama.gov. FINAL DATE FOR COMMENT AND COMPLETION OF NOTICE: Thursday, November 19, 2026 CONTACT PERSON AT AGENCY: Lynn T. Roper, 334-271-7728 Jeffery W. Kitchens Jeffery W. Kitchens (Signature of officer authorized to promulgate and adopt rules or his or her deputy) ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - SCRAP TIRE PROGRAM ADMINISTRATIVE CODE CHAPTER 335-4-9 DELEGATION OF COUNTY ENFORCEMENT PROGRAMS TABLE OF CONTENTS 335-4-9-.01 Delegation Procedures 335-4-9-.02 Duties 335-4-9-.01 Delegation Procedures. A County Commission or the governing body of a Class 2 municipality may request delegation for enforcement of the Act and 335-4. (a) The application for delegation shall include a resolution adopted by the County Commission or the governing body of the Class 2 municipality in a regularly scheduled meeting of the County Commission or the governing body of the Class 2 municipality stating the Commission’s or the governing body of the Class 2 municipality's desire for delegation. (b) Execution or approval of a delegation agreement by ADEM does not entitle the County or the governing body of the Class 2 municipality to receive STF monies dedicated to county or Class 2 municipality enforcement activities. (c) The delegation application shall provide information on how the County Commission or the governing body of the Class 2 municipality will enforce the Act and the requirements of 335-4. ADEM shall provide the information to the County Commission or the governing body of the Class 2 municipality on all registered receivers, known illegal tires sites, permitted transporters and processors. The application shall include:

1. A County or a Class 2 municipality Scrap Tire

Enforcement Plan, which includes: (i) Number of Class One and Class Two Receivers in the county or Class 2 municipality. (ii) Number of scrap tire processors in the county or Class 2 municipality. 9-1 (iii) Location of known illegal scrap tire piles and an estimate of the total number of scrap tire sites in the county or Class 2 municipality. (iv) Estimated personnel to conduct the enforcement program, position descriptions of these persons, and estimated man-hours committed per year per person. (v) Estimated annual cost of scrap tire enforcement activities. (vi) Procedures to perform the duties listed in 335-4-9-.02. (vii) Procedures for tracking and reporting scrap tire enforcement activities to ADEM.

2. A list of personnel who will act as county or Class 2

municipality enforcement officers and their qualifications to act in this manner.

3. A description of all County or Class 2 municipality

scrap tire activities and how the County or Class 2 municipality will conduct independent inspections of its operations. (d) ADEM shall review the delegation application and provide comments or questions to the County Commission or the governing body of the Class 2 municipality. The County Commission or the governing body of the Class 2 municipality will have thirty (30) days to respond to ADEM. Once ADEM has determined that a delegation agreement can be prepared, it shall submit a draft of the agreement to the County Commission or the governing body of the Class 2 municipality for review. (e) The delegation agreement shall specify the following, at a minimum:

1. Investigation and reporting procedures to be utilized,

and duties of the county or Class 2 municipality enforcement program.

2. ADEM activities to audit performance and success of

the county or Class 2 municipality enforcement program.

3. The term of the delegation agreement shall not exceed

three (3) years from the date of execution by ADEM of the final Delegation Agreement. 9-2 (f) The County Commission or the governing body of the Class 2 municipality shall provide comments on the draft delegation agreement to ADEM within thirty (30) days of receipt. Upon resolution of all comments, ADEM shall submit the final Delegation Agreement to the County Commission or the governing body of the Class 2 municipality for approval and execution in a regularly scheduled meeting of the County Commission or the governing body of the Class 2 municipality. Once executed the agreement shall be returned to ADEM for signature by the Director. (g) If the County Commission or the governing body of the Class 2 municipality desires to extend the Delegation Agreement, it shall submit an application to extend at least ninety (90) days prior to the expiration of the agreement. The application to extend shall update information or data that may be different from the original delegation application. (h) If ADEM determines through an audit of the county or Class 2 municipality enforcement program that there are deficiencies in the program, ADEM shall notify the County Commission or the governing body of the Class 2 municipality of its findings and methods for the county or Class 2 municipality to return to an acceptable enforcement program. If the County Commission or the governing body of the Class 2 municipality does not address the findings of deficiency, ADEM may revoke the Delegation Agreement. ADEM shall notify the County Commission or the governing body of the Class 2 municipality of its intention to revoke the Delegation Agreement at least thirty (30) days prior to revoking the Delegation Agreement. Actions by ADEM to revoke the Delegation Agreement are subject to appeal in accordance with 335-2. Author: James L. Bryant, M. Gavin Adams, Adam N. Rhodes. Blake

B. Pruitt. Jason J. Wilson.

Statutory Authority: Code of Ala. 1975, §§22-40A-1 et seq. History: New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Published June 28, 2024; effective August 12, 2024. Amended: Published ______; effective ______. 335-4-9-.02 Duties. Enforcement officers of delegated counties or Class 2 municipality shall be accorded the authority to implement the provisions of 335-4 when conducting inspections or reviewing records for compliance with the requirements of 335-4 and the 9-3 Act. County or Class 2 municipality enforcement officers shall perform all of the following duties: (a) Investigate illegal dumping of scrap tires. (b) Investigate reports and complaints regarding scrap tires in the county or Class 2 municipality. (c) Inspect tire dealers, receivers, and transporters, to include:

5. Operating record.

(d) Inspect permitted scrap tire processors, to include:

3. Operating record.

(e) Provide comprehensive investigation reports electronically to ADEM within ten (10) days of the initial investigation or inspection. (f) Take legal actions to enforce the requirements of 335-4 as allowed in the Act. (g) Provide semi-annual reports electronically to ADEM on all scrap tire activities within that six month period of the calendar year (January through June, July through December) on a form provided by ADEM. The semi-annual report shall be submitted electronically to ADEM by the 28th day following the end of each reporting period. (h) Investigation reports and semi-annual reports shall be completed and submitted to the Department electronically to TireMail@adem.alabama.gov by the county enforcement program. Author: James L. Bryant, Adam N. Rhodes . Blake B. Pruitt. Jason

J. Wilson.

Statutory Authority: Code of Ala. 1975, §§22-40A-1 et seq. 9-4 History: New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Published June 28, 2024; effective August 12, 2024. Amended: Published ______; effective ______. 9-5

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