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22-30B-2
Section 22-30B-2 Operator fees. In addition to all other fees levied and collected prior to
September 30, 1992, beginning on June 1, 2013, there is hereby levied fees on waste received
for disposal to be paid by the operators of each commercial site for the disposal of hazardous
waste or hazardous substances as follows: (1) A base fee of five dollars fifty cents ($5.50)
per ton on all hazardous waste that is identified or listed under Section 3001 of the Resource
Conservation and Recovery Act of 1976 as amended (RCRA), and on polychlorinated biphenyl (PCB)
wastes received for disposal which is required to be disposed of in a chemical waste landfill
approved under the federal Toxic Substance Control Act (TSCA). (2) A fee of five dollars fifty
cents ($5.50) per ton on all other waste not subject to taxation in subdivision (1) and disposed
of at a commercial site for the disposal of hazardous waste and hazardous substances. Beginning
on August 31, 1993, any hazardous waste or hazardous...
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22-30-11
Section 22-30-11 Adoption of regulations, guidelines, criteria and standards by State Department;
states from which hazardous wastes cannot be accepted; penalty; contracts to satisfy federal
capacity assurance programs limited. (a) The department, acting through the commission, is
authorized to promulgate, and may revise when appropriate, rules and regulations, guidelines,
criteria and standards for all hazardous waste management practices. (b) It is unlawful for
any person who owns or operates a commercial hazardous waste treatment or disposal facility
within this state to dispose or treat any hazardous wastes generated in any state outside
the State of Alabama which: (1) Prohibits by law or regulation the treatment or disposal of
hazardous wastes within that state and which has no facility permitted or existing within
that state for the treatment or disposal of hazardous wastes; or (2) Has no facility permitted
or existing within that state for the treatment or disposal of hazardous...
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22-30D-9
Section 22-30D-9 Liability. (a)(1) Except as otherwise preempted or limited by applicable federal
law, upon reporting to the department and the board of any contamination or suspected contamination,
no owner or operator, wholesale distributor, impacted third party, adjacent landowner, or
person owning any abandoned drycleaning facility who shall have elected to be covered by this
chapter shall be liable to the state or any third party for costs incurred in the investigation
or cleanup of, or equitable relief relating to, or resulting, in whole or in part, from a
preexisting release of any drycleaning agent at, on, or from any drycleaning facility, wholesale
distribution facility, or abandoned drycleaning facility or a new release of any drycleaning
agent, unless such new release resulted from noncompliance with a department approved investigation,
assessment, or remediation plan. (2) Pursuant to the rules and regulations to be adopted by
the department as required by Section 22-30D-4...
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22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
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22-36-6
Section 22-36-6 Expenditure of funds from leaking Underground Storage Tank Trust Fund; investigative
and corrective powers in regard to administration of funds; liability of owner or operator
for costs. (a) The department shall be authorized to administer the expenditure of any funds
made available from the Leaking Underground Storage Tank Trust Fund established by the Superfund
Amendments and Reauthorization Act of 1986. (b) To enable the department to administer the
Leaking Underground Storage Tank Trust Fund, or state fund, where applicable, the department:
(1) Shall have authority to take investigative and corrective action with respect to releases
of petroleum from underground storage tanks; (2) Shall have the authority to expend any state
funds which may be made available for investigative and corrective action or federal funds
which are authorized for state use under 42 U.S.C. §6991b.(h) for investigative or corrective
action involving releases of petroleum from underground...
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22-30E-6
Section 22-30E-6 Criteria for property qualification for voluntary cleanup program. (a) In
order to be considered a qualifying property for participation in the voluntary cleanup program
established pursuant to this chapter, a property shall, unless granted a variance under subsection
(b), meet the following criteria: (1) The property must not be listed on the federal National
Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation,
and Liability Act, 42 U.S.C. §9601, et seq. (2) The property must not be currently undergoing
response activities required by an order of either the department, or the regional administrator
of the federal Environmental Protection Agency issued pursuant to the provisions of the federal
Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et
seq. (3) The property must not be a hazardous waste treatment, storage, or disposal facility
as defined in Section 22-30E-3. (b) The department may...
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25-5-11
Section 25-5-11 Actions against third parties jointly liable with employers for injuries or
death; actions for injury or death resulting from willful conduct; attorney's fees in settlements
with third parties. (a) If the injury or death for which compensation is payable under Articles
3 or 4 of this chapter was caused under circumstances also creating a legal liability for
damages on the part of any party other than the employer, whether or not the party is subject
to this chapter, the employee, or his or her dependents in case of death, may proceed against
the employer to recover compensation under this chapter or may agree with the employer upon
the compensation payable under this chapter, and at the same time, may bring an action against
the other party to recover damages for the injury or death, and the amount of the damages
shall be ascertained and determined without regard to this chapter. If a party, other than
the employer, is a workers' compensation insurance carrier of the...
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22-32-5
Section 22-32-5 Radiation Safety Fund; licensing and inspection fees; bond of contractor-leasor;
perpetual care fund; operating fund; compact commission fund; royalty fees; appropriation.
(a) There is hereby created a Radiation Safety Fund into which the State Treasurer shall deposit
the licensing, application, and inspection fee of the Radiation Control Agency. The Radiation
Control Agency is authorized to collect for deposit into the Radiation Safety Fund application,
licensing and inspection fees equal to 75 percent of those fees charged by the U.S. Nuclear
Regulatory Commission for issuing similar licenses. This authority applies only to the specific
licenses issued by the Radiation Control Agency. The funds available in the Radiation Safety
Fund are appropriated to the State Health Department for the purpose of Title 22, Chapter
14. The moneys in this fund may be carried over from one fiscal year to the next provided
that any unencumbered funds in excess of $100,000.00 on...
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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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45-37A-51.193
Section 45-37A-51.193 Health department payments. (a) The Jefferson County Department of Health
shall pay into the fund from its general or otherwise appropriate funds its current service
costs and its past service costs to be determined as of the date of the commencement of each
fiscal year of the city as follows: (1) The actuaries shall determine the normal cost of the
benefits provided by the system which are attributable to health department participants.
(2) From the normal cost shall be subtracted the value of the health department participants'
contributions in the previous city fiscal year. (3) The remainder thus arrived at shall be
divided by the total covered payroll of all health department participants as of the first
day of the city fiscal year, the resultant percentage shall be called the current service
percentage and the current service percentage shall be multiplied by the total covered payroll
of all health department participants at the end of each payroll period to...
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