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22-30B-20
Section 22-30B-20 Fee to be deposited in Alabama Hazardous Substance Cleanup Fund. In addition
to all other fees levied herein, there is also hereby levied a fee to be paid by the operators
of each commercial site for the disposal of hazardous waste or hazardous substances in the
amount of $1.00 per ton on all wastes or substances disposed of at such site, to be deposited
and allocated specifically to the Alabama Hazardous Substance Cleanup Fund established by
Sections 22-30A-1 to 22-30A-11, inclusive, such money to be used for the specific purposes
as expressed therein. (Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §9.)...
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22-30A-3
Section 22-30A-3 Alabama Hazardous Substance Cleanup Fund established; appropriations. (a)
There is hereby established within the State Treasury a special revenue fund to be known as
the Alabama Hazardous Substance Cleanup Fund. All federal grants, state appropriations, penalties,
reimbursements and any other funds collected pursuant to this chapter are hereby appropriated
for the purposes provided for in this chapter and shall be deposited into said fund. Any funds
remaining in the Alabama Hazardous Substance Cleanup Fund at the end of any fiscal year shall
not revert to the General Fund but shall remain in said fund and is hereby reappropriated
until expended in accordance with the provisions of this chapter. (b) There is hereby appropriated
from the State General Fund for the fiscal year ending September 30, 1989, the amount of $100,000.00
for the start-up and administrative costs necessary to implement this chapter and for inactive
or abandoned hazardous substance site cleanup...
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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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22-30A-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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22-30B-2.2
Section 22-30B-2.2 Pledge and appropriation of funds for Public Health Finance Authority. For
the purpose of providing funds, not to exceed $4,500,000.00 during any fiscal year of the
state, for the Alabama Public Health Finance Authority to pay at their respective maturities
the principal of premiums, if any, and interest on any bonds issued by it under the provisions
of Sections 22-3A-1 to 22-3A-24, inclusive, there is hereby irrevocably pledged for said above
purpose and hereby appropriated the annual amount necessary, not to exceed $4,500,000.00 during
any fiscal year of the state, from the first receipts after payment of any guarantees in Section
22-30B-2.1 of the fees that are levied on the disposal of waste, hazardous waste or hazardous
substances pursuant to this act and that were not theretofore appropriated and paid into the
General Fund of the State of Alabama (i.e., the amount resulting from the additional fee of
$72.00 per ton for all waste or substances disposed of at...
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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-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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22-30E-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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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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22-30B-1
Section 22-30B-1 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMERCIAL SITE FOR THE
DISPOSAL OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. A site or facility receiving hazardous
waste or hazardous substances, as defined herein, not generated on site, for disposal and
to which a fee is paid or other consideration given for such disposal. (2) DISPOSAL. The discharge,
deposit, injection, dumping, spilling, incineration, leaking or placing of any waste or substance
into or on any land or water so that such waste or substance or any constituent thereof may
enter the environment or be emitted into the air or discharged into any waters including groundwaters
at a commercial site within the State of Alabama for the disposal of hazardous waste or hazardous
substances as defined herein. For the purpose of this chapter incineration does not include
hazardous substances or waste that have been...
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