al-al-6a206a34905bf126a917c9da: 335-4-2-.01 — Remediation Of Sites

APA-1 TRANSMITTAL SHEET FOR NOTICE OF INTENDED ACTION Control No.: 335 Department or Agency: Alabama Department of Environmental Management Land Division - Scrap Tire Program Rule No.: 335-4-2-.01 Rule Title: Remediation Of Sites 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 that could adequately protect the public? of regulation available No Does the proposed rule have the effect of directly or indirectly No increasing the costs of any goods or services involved? To what degree?: N/A that might result from the absence of the proposed rule?the harm NA Are all facets of the rule-making process designed solely for the protection of the public?ave, as their primary effect, the Yes Does the proposed action relate to or affect in any manner any matter of the proposed rule?is a party to concerning the subject No 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 conforms to all applicable filing requirements of the Administrative Procedureit Division of the Legislative Services Agency. Signature of certifying officer E D Jeffery W. Kitchens & F IL E C ’ D 02 6 Date Friday, September 18, 2026 S EP 18 ,2 C Y VC A G EN LA TIV E S L EG IS APA-2 ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT LAND DIVISION - SCRAP TIRE PROGRAM NOTICE OF INTENDED ACTION AGENCY NAME: Alabama Department of Environmental Management RULE NO. & TITLE: 335-4-2-.01 Remediation Of Sites INTENDED ACTION: Amend SUBSTANCE OF PROPOSED ACTION: Revisions are proposed to include Class 2 Municipalities and to make general needed updates for clarity and consistency. 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) 335-4-2-.01 Remediation Of Sites. (1) ADEM, ADPH , Class 2 Municipality, or delegated County Enforcement Officers may access property suspected of containing scrap tire sites for the purpose of evaluation of the threat to public health, the environment and safety. (2) The responsible party for a scrap tire site shall be responsible for the remediation of the site. If the responsible party is not determined, the landowner shall be responsible for remediation of the site, unless the landowner qualifies as an innocent landowner as defined in 335-4-1-.02. (3) If ADPH, County Health Departments or CDC determines that a significant threat to public health exists from disease vectors associated with the scrap tire site, ADEM can require the responsible party or landowner through an administrative or civil action to immediately implement vector control at the site. If the responsible party or landowner refuses to implement vector control measures, STF monies may be used for this purpose. ADEM may recover all costs associated with the vector control actions pursuant to a determination of a public health threat. (4) Unless approved in advance by ADEM or the scrap tire site meets the requirements outlined in 335-4-2-.01(6), a person remediating a scrap tire site, whether on their own initiative or at the direction of ADEM, must submit a Remediation Plan prepared by ana professional engineer, which must be usedutilized to directguide remedial actions. (5) If required by ADEM, the Remediation Plan must be approved by ADEM prior to initiating action, and must include the following as applicable: (a) Remove all scrap tires from the site and transport to a permitted processor, solid waste transfer station or SWDF, unless otherwise approved by ADEM. Verification of removal and transport to an authorized facility shall be provided to ADEM. All other regulated solid waste at the site may be required to be removed in the same manner. (b) Removal or treatment of substances that are a threat to human health and the environment that may have been released to the environment from accumulation, burning or processing scrap tires and other materials. (c) Restoration of the site by placing backfill in excavated areas, sloping and landscaping to minimize erosion and establish a vegetative cover over the site, if required. 2-.01-1 (d) Securing the site by a barricade or other device and posting signs indicating the dumpscrap tire site is closed and the location of the nearest SWDFauthorized facility when considered necessary by ADEM. The method or methods of securing the site shall be approved by ADEM. (e) Estimated cleanup amounts along with the methods to remediate the site and to remove scrap tires and other wastes, to include: