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22-30A-6
Section 22-30A-6 Scope of cleanup plan; factors considered. In determining the scope, nature
and content of a hazardous substance cleanup plan the director shall evaluate reasonable alternatives
and select or approve those actions which he determines are necessary to protect human health
and the environment. The goal of any pertinent action shall be cleanup and containment of
the site through the elimination of the threat to the human health and the environment posed
by the hazardous substance. In choosing the necessary action at each site, the director shall
consider the following factors: (1) The technological feasibility of each alternative; (2)
The cost estimate of each alternative; (3) The quantity of hazardous substances present, their
toxicity and mobility and the risk of harm to the environment. This factor shall not require
the director to make a detailed analytical and scientific study of the site prior to choosing
or approving the selected alternative, however, the director...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. §9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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22-30A-8
Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney
General to recover expenses; administrative order or civil action; for what costs fund may
be reimbursed; contributions among liable parties; declaratory judgment action to determine
apportionment. (a) Liable parties shall be liable to the state for amounts expended for the
investigation, identification, containment and cleanup of hazardous substance sites, including
the cost of post-cleanup monitoring and maintenance of such sites. (b) The department or the
Attorney General shall act to recover for the fund the reasonable and necessary amounts expended
for the investigation, identification, containment, cleanup, monitoring and maintenance of
inactive or abandoned hazardous substance sites to the extent the department or the Attorney
General can attribute these expenditures to liable parties as set out herein. Recovery of
these expenditures by the department or the Attorney General can be either...
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22-30A-2
Section 22-30A-2 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) CLEANUP. All activities
including administrative activities related to the identification, investigation and evaluation
of hazardous substance sites and the removal of hazardous substances or other closure or containment
of hazardous substances and any subsequent monitoring of such sites. (2) COMMISSION. The Alabama
Environmental Management Commission as created by Section 22-22A-6. (3) DEPARTMENT. The Alabama
Department of Environmental Management as created by Section 22-22A-4. (4) DIRECTOR. The Director
of the Alabama Department of Environmental Management. (5) FUND. The Alabama Hazardous Substance
Cleanup Fund. (6) HAZARDOUS SUBSTANCE. Any substance defined as a hazardous substance pursuant
to 42 U.S.C. §9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management
Act, Section 22-30-1 et seq. and...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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22-30A-9
Section 22-30A-9 Liability for actions taken or omitted under chapter. No action may be commenced
against the director, any employee of the department, or any person under contract with the
department for damages as a result of actions taken or omitted in the course of performing
duties or functions under this chapter or in the course of rendering care, assistance, or
advice at the direction of an on-scene coordinator appointed by the director, with respect
to the cleanup of an abandoned or inactive hazardous substance site including any release
of a hazardous substance or the threat thereof. (Acts 1988, 1st Ex. Sess., No. 88-859, p.
348, §9.)...
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22-30E-4
Section 22-30E-4 Authority of the department to establish rules and regulations. (a) The department,
acting through the commission, may adopt, promulgate, modify, amend, and repeal rules and
regulations to implement and enforce this chapter as necessary to provide for the voluntary
assessment, cleanup, reuse, and redevelopment of qualifying properties. All rules and regulations
established pursuant to this chapter shall comply with applicable provisions of the Alabama
Administrative Procedure Act, Section 41-22-11. (b) The department's rules and regulations
shall include, at a minimum, the following: (1) Rules and regulations establishing cleanup
standards. (2) Rules and regulations governing procedures for placement of properties on and
removal of properties from the Voluntary Cleanup Properties Inventory required under the provisions
of Section 22-30E-11. (3) Rules and regulations governing procedures for the filing in the
deed records of the probate courts of appropriate notice upon...
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19-3-11
liability to the trust or otherwise impair the value of the assets held therein; (4) To settle
or compromise at any time any and all claims against the trust or estate which may be asserted
by any governmental body or private party involving the alleged violation of any environmental
law affecting property held in trust or in an estate; (5) To disclaim any power granted by
any document, statute, or rule of law which, in the sole discretion of the fiduciary, may
cause the fiduciary to incur personal liability under any environmental law; (6) To
decline to serve as a fiduciary if the fiduciary reasonably believes that there is or may
be a conflict of interest between the fiduciary in its or his fiduciary capacity and in its
or his individual capacity because of potential claims or liabilities which may be asserted
against the fiduciary on behalf of the trust or estate because of the type or condition of
assets held therein. (b) The fiduciary shall be entitled to charge the cost of any...
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22-36-3
deprived of drinking water; e. Require any owner or operator of an underground storage tank
which has released any regulated substance and who has knowledge that a release has occurred
to make a timely report of the pollution or release and any resulting corrective action to
the department. (3) The department, acting through the commission, is authorized to promulgate
rules and regulations requiring the owner or operator of an underground storage tank to maintain
evidence of financial responsibility for taking corrective action, providing alternate or
temporary drinking water, and compensating third parties for bodily injury and property
damages resulting from groundwater pollution caused by the operation of an underground storage
tank only when such a requirement is mandatory for delegation of authority to the department
to manage a Federal Regulatory Program and only to the extent required for delegation of that
Federal Regulatory Program. (Acts 1988, No. 88-537, p. 823, §3.)...
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