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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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22-30E-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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22-30E-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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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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11-32-7
and trust indentures, or either. (17) Exercise the power of eminent domain, except as limited
by state law, except the authority may not acquire, without the consent of the owner, any
transportation system from which public transportation service is currently being furnished.
The authority may not by eminent domain acquire any real property or rights owned or held
by public or private railroads or utilities. (18) Expend funds for the purchase or lease of
materials, equipment, supplies, or other personal property without compliance with
Chapter 16 of Title 41. (19) Appoint, employ, contract with, and provide for the compensation
of, officers, employees, and agents, including, but without limitation to, engineers, attorneys,
management consultants, fiscal advisers, or other consultants without regard to Chapter 16
of Title 41, or any law establishing a civil service or merit system that might otherwise
be applicable, as the business of the authority may deem necessary or desirable, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-32-7.htm - 14K - Match Info - Similar pages
22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility and hazardous
waste disposal site operators. (a) The department, acting through the commission, is authorized
to promulgate rules and regulations establishing such standards, applicable to owners and
operators of hazardous waste treatment, storage or disposal facilities as may be necessary
to protect human health or the environment. In establishing such standards, the department
may, where appropriate, distinguish in such standards between requirements appropriate for
new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
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22-30-14
Section 22-30-14 Responsibilities of generators. (a) The department, acting through the commission,
is authorized to promulgate rules and regulations establishing such standards, applicable
to generators of hazardous waste as may be necessary to protect human health or the environment.
Such standards shall include but not be limited to the following: (1) Determining if solid
wastes generated are hazardous wastes as defined by this chapter; (2) Proper labeling of hazardous
wastes; (3) Assuring that all hazardous wastes generated are treated, or disposed of at treatment,
storage or disposal facilities which: a. If in state, are permitted or have interim status
under this chapter; or b. If out of state, are permitted or have interim status from a state
authorized under Section 3006 of the RCRA to operate a hazardous waste permitting program
in lieu of the federal program or are permitted or have interim status under the RCRA; (4)
Maintaining records of hazardous waste produced, generated,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30-14.htm - 3K - Match Info - Similar pages
22-30E-2
Section 22-30E-2 Legislative findings; purpose and intent of chapter; establishment of voluntary
assessment and/or cleanup program for properties with potential environmental contamination.
(a) The Legislature finds that rural and urban property in Alabama may have areas of actual
or perceived contamination at levels that may not be subject to assessment or cleanup under
applicable laws and regulations. The Legislature finds that this perception of contamination
discourages the purchase and productive use of otherwise usable properties. The Legislature
further finds that the voluntary assessment and/or cleanup of such properties is in the public
interest. (b) The Legislature finds that industries and developers often give preference to
previously unused greenfield sites over previously used property due largely to concerns over
the financial and environmental liabilities which may be incurred in acquiring such previously
used property for reuse and redevelopment. The Legislature...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30E-2.htm - 2K - Match Info - Similar pages
22-30E-9
Section 22-30E-9 Requirements for voluntary property assessment plans, voluntary cleanup plans;
financial assurance. (a) Subject to Sections 22-30E-8 and 22-30E-10, upon the department's
approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or
concurrence with the certification of compliance described in this section, whichever first
occurs, an applicant who is not a responsible person, as defined in Section 22-30E-3, at the
qualifying property, shall not be liable to the state or any third party for costs incurred
in the investigation or cleanup of, or equitable relief relating to, or damages resultant
from, in whole or in part, a preexisting release at the qualifying property, including, but
not limited to, any liability to the state for the cleanup of the property under Chapters
22, 27, 30, 30A, and 35 of this title, or a new release of a substance, constituent, or material
which had been part of a preexisting release at the property, unless such...
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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, ยง3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-36-3.htm - 4K - Match Info - Similar pages
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