Alabama Administrative Code Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
The Alabama Administrative Code, Title 335, is the extensive body of regulations for the Alabama Department of Environmental Management (ADEM). ADEM is the primary state agency responsible for protecting Alabama's air, water, and land resources. It was established in 1982 by the Alabama Environmental Management Act, consolidating various environmental programs under one authority.
ADEM's mission is to assure a safe, healthful, and productive environment for all citizens of Alabama. To achieve this, ADEM administers and enforces major federal environmental laws (like the Clean Air Act, Clean Water Act, Safe Drinking Water Act, and federal solid and hazardous waste laws) and corresponding state environmental statutes. Its administrative code reflects this broad responsibility through numerous detailed chapters covering various environmental programs.
Here's a breakdown of the key divisions and programs you'll find within Title 335:
I. General Administration (Chapter 335-1)
Organization and Duties: Describes the structure of ADEM, the roles of the Director and the Environmental Management Commission, and the general duties of the Department. The Environmental Management Commission sets state environmental policy, hears appeals, adopts regulations, and selects the ADEM director.
Public Records: Rules for public access to ADEM records, including confidentiality provisions.
Application Fees: Details the fees associated with permit applications, certifications, and other services provided by ADEM.
Declaratory Rulings: Procedures for requesting formal interpretations of ADEM rules.
II. Environmental Management Commission (Chapter 335-2)
Covers the organizational structure and procedural rules for the Environmental Management Commission, which oversees ADEM, sets policy, and hears administrative appeals.
III. Air Division - Air Pollution Control Program (Chapter 335-3)
This is a very extensive section, often one of the largest, covering regulations for air quality. It includes:
General Rules: Definitions, ambient air quality standards, and general permitting procedures.
Source-Specific Regulations: Rules tailored to different types of industrial sources and their emissions (e.g., specific rules for cement plants, power plants, chemical manufacturing).
Permitting Programs:
Air Permits (Minor Source): For facilities with smaller emissions.
New Source Review (NSR)/Prevention of Significant Deterioration (PSD) Permits: For new or modified major sources in areas that meet air quality standards.
Nonattainment New Source Review: For major sources in areas that do not meet air quality standards.
Major Source Operating Permits (MSOP) / Title V Permits: Comprehensive operating permits for large industrial facilities, consolidating all applicable air requirements.
Synthetic Minor Operating Permits (SMOP): For sources that voluntarily limit emissions to stay below major source thresholds.
National Emissions Standards for Hazardous Air Pollutants (NESHAPs) & New Source Performance Standards (NSPS): Adoption and implementation of federal standards for hazardous air pollutants and new/modified sources.
Monitoring, Recordkeeping, and Reporting: Requirements for facilities to monitor their emissions, keep records, and submit reports to ADEM.
Asbestos: Regulations for asbestos removal and abatement contractors.
Open Burning: Rules regulating open burning activities.
IV. Land Division (Various Chapters)
This division covers a wide range of waste and land management programs:
Scrap Tire Program (Chapter 335-4): Regulations for the collection, transportation, processing, and recycling of scrap tires to prevent illegal dumping and environmental hazards.
Uniform Environmental Covenants Program (Chapter 335-5): Rules for establishing environmental covenants, which are legal instruments used to restrict future land use to protect human health and the environment, often as part of site cleanup.
Solid Waste Program (Chapter 335-13): Comprehensive regulations for the management of non-hazardous solid waste, including:
Landfills: Siting, design, operation, monitoring, closure, and post-closure care of municipal solid waste landfills and industrial waste landfills.
Transfer Stations: Regulations for facilities that consolidate and temporarily store solid waste.
Composting and Recycling Facilities: Rules for the operation of these facilities.
Hazardous Waste Program (Chapter 335-14): Regulations for the generation, transportation, treatment, storage, and disposal of hazardous waste, largely adopting federal RCRA (Resource Conservation and Recovery Act) standards. This includes:
Identification and Listing of Hazardous Waste: Defining what constitutes hazardous waste.
Generator Requirements: Rules for businesses that produce hazardous waste.
Transporter Requirements: Regulations for companies that transport hazardous waste.
Treatment, Storage, and Disposal (TSD) Facilities: Stringent permitting, design, operating, monitoring, closure, and post-closure care standards for hazardous waste TSD facilities. This includes groundwater monitoring requirements (as seen in the search results).
Brownfield Redevelopment and Voluntary Cleanup Program (Chapter 335-15): Rules encouraging the cleanup and redevelopment of contaminated sites (brownfields) by providing liability protections and a structured cleanup process for voluntary participants.
Alabama Drycleaning Environmental Response Trust Fund Program (Chapter 335-16): Regulations for a fund established to address contamination from drycleaning facilities, including performance standards and cleanup requirements.
Medical Waste Program (Chapter 335-17): Regulations for the proper management and disposal of medical waste.
Underground Storage Tank (UST) Program (often incorporated into Land Division or a separate sub-agency): Rules for preventing and remediating leaks from underground storage tanks, particularly those storing petroleum.
V. Water Division (Various Chapters)
This division focuses on water quality and water resources.
Water Quality Program (Chapter 335-6): Comprehensive regulations for protecting surface water quality, including:
Water Quality Standards: Establishing criteria for different uses of water bodies (e.g., swimming, fishing, drinking water supply).
National Pollutant Discharge Elimination System (NPDES) Permits: Regulating discharges of pollutants from point sources (e.g., industrial facilities, wastewater treatment plants) into surface waters.
Stormwater Permits: Managing runoff from construction sites and industrial facilities to prevent water pollution.
Pretreatment Program: Regulating industrial discharges into municipal sewer systems.
Water Supply Program (Chapter 335-7): Regulations for public drinking water systems, ensuring the safety and quality of tap water. This includes maximum contaminant levels (MCLs) for various pollutants.
Coastal Area Management Program (Chapter 335-8): Rules for managing and protecting the environmental resources of Alabama's coastal zone.
Water Well Standards Program (Chapter 335-9): Regulations for the construction and abandonment of water wells to protect groundwater resources.
Operator Certification Program (Chapter 335-10 & 335-11): Requirements for the certification of operators of water and wastewater treatment facilities to ensure they have the necessary competency.
Underground Injection Control (UIC) Program: Regulating the injection of fluids into the ground through wells to protect underground sources of drinking water.
ADEM's administrative code is constantly updated to incorporate changes in federal environmental laws, reflect new scientific understanding, and address emerging environmental issues. Anyone involved in activities with potential environmental impact in Alabama – from industrial operations to construction to waste management – must be familiar with the relevant sections of Title 335.
For the most accurate and current information, always refer to the official Alabama Administrative Code, Title 335, available through the Alabama Legislative Services Agency's Administrative Code website, and the Alabama Department of Environmental Management's official website (adem.alabama.gov).
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