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22-30D-3
Section 22-30D-3 Definitions. Unless otherwise defined in this chapter, the definitions of
terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of
this chapter, the following terms have the following meanings: (1) ABANDONED DRYCLEANING FACILITY.
Any real property premises or individual leasehold space located in this state owned by any
person in which a drycleaning facility or wholesale distribution facility formerly operated;
provided, however, that any owner or operator or wholesale distributor who shall have elected
not to be covered by the provisions of this chapter shall not be considered a person owning
or leasing such a facility for the purposes of this chapter. (2) ADJACENT LAND OWNER. Any
owner, lessor, or mortgagee of any real property onto which contamination from a drycleaning
facility, abandoned drycleaning facility, or wholesale distribution facility of any owner
or operator or wholesale distributor who shall have elected to be covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-3.htm - 7K - Match Info - Similar pages
22-30D-6
Section 22-30D-6 Registration; fees. (a) No later than May 24, 2001, each owner or operator
of a drycleaning facility located in this state who shall notify the department that it elects
to be covered by this chapter shall also register each drycleaning facility owned or operated
in the state by such owner or operator with the department on forms provided by the department.
Each owner or operator electing to register pursuant to this subsection shall submit its registration
forms to the Department of Revenue and the department. In addition, each owner or operator
electing to be covered by this chapter shall pay to the Department of Revenue with its initial
registration and each year thereafter a yearly drycleaning registration fee equal to two percent
of the gross receipts earned by such owner or operator in the state during the prior calendar
year, not to exceed a total registration fee of twenty-five thousand dollars ($25,000) per
year, regardless of the number of drycleaning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-6.htm - 9K - Match Info - Similar pages
22-30D-4
Section 22-30D-4 Election of coverage; administration of chapter; rules and regulations. (a)(1)
All owners and operators and all wholesale distributors shall elect by May 24, 2001, to be
covered or not to be covered by this chapter and shall do so by notifying the department in
writing that such owner or operator or wholesale distributor elects to be covered or not to
be covered by this chapter. Following May 24, 2001, any owner or operator or wholesale distributor
who may have initially elected not to be covered by this chapter or who may have inadvertently
failed to notify the department may notify the department that such owner or operator or wholesale
distributor has reconsidered and desires to be covered by the fund, but any such owner or
operator or wholesale distributor shall, with its notice of request for coverage, be required
to pay to the Department of Revenue the registration fees which would otherwise have been
due to the fund had such owner or operator or wholesale...
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22-30D-5
Section 22-30D-5 Alabama Drycleaning Environmental Response Trust Fund. (a) There is hereby
created the Alabama Drycleaning Environmental Response Trust Fund, hereinafter referred to
as the "fund." The fund as so created shall be administered and used by the board
as a drycleaning industry self-insurance program for the benefit of those persons electing
to be covered by this chapter within the time(s) specified in accordance with the provision
of this chapter and as a revolving fund for carrying out the purposes of this chapter. To
the fund shall be credited all registration fees collected by the Department of Revenue, which
monies shall be credited to the fund pursuant to this chapter and invested as permitted by
law by the State Treasurer for the benefit of the fund. Charges against the fund shall be
made in accordance with this chapter. Use of the fund and participation in any remedial program
by an adjacent landowner is voluntary. Nothing in this chapter requires participation by...
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22-30D-7
Section 22-30D-7 Expenditure of funds. (a) Prior to the approval of an expenditure of any funds
under this chapter with respect to payment for costs incurred for investigation, assessment,
and, if necessary, remediation at a particular site, every owner or operator covered by this
chapter, person owning any abandoned drycleaning facility eligible for coverage by this chapter,
or impacted third party filing a request with the board for payment, shall accept responsibility
for the first ten thousand dollars ($10,000), as a deductible amount, of the actual costs
to be incurred with that particular site. Each wholesale distributor covered by this chapter
shall accept responsibility for the first fifty thousand dollars ($50,000), as a deductible
amount, of the actual cost to be incurred with a wholesale distribution facility. An adjacent
landowner shall not be required to accept responsibility for any costs incurred at a site.
(b) Payments from the fund may be obtained from the board by...
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22-30D-9
regulations in the remediation process. (d) The limitation of liability provided by subsection
(a) shall extend to the heirs, assigns, successors, predecessors, and designees of the person
to whom such limitation of liability is granted. (e) No small business as defined in this
chapter who shall have elected to be covered by the provisions of this chapter shall be liable
to any impacted third party or adjacent landowner under any state law for any damages of any
nature whatsoever to real or personal property of any impacted third party or adjacent
landowner as a result of any contamination caused by or resulting from any contamination on,
at, or from any drycleaning facility, abandoned drycleaning facility, or wholesale distribution
facility. (f) No person shall be liable to any other person under any state law for any damages
of any nature whatsoever to real or personal property of such other person as a result
of any contamination, except upon proof that a failure to exercise due...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-9.htm - 3K - Match Info - Similar pages
25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-10.htm - 38K - Match Info - Similar pages
22-30D-8
Section 22-30D-8 Advisory board. (a) There is hereby created the Alabama Drycleaning Environmental
Response Trust Fund Advisory Board consisting of seven persons who are residents of the state
appointed by the Governor of the state and confirmed by the Senate of the state. The members
of the board shall be composed of one individual to represent the interest of each of the
following groups, organizations, and entities: (1) Owners or operators of drycleaning facilities
covered by this chapter that employ no more than 10 full-time employees. (2) Owners or operators
of drycleaning facilities covered by this chapter that employ 11 or more full-time employees
but no more than 24 full-time employees. (3) Owners or operators of drycleaning facilities
covered by this chapter that employ 25 or more full-time employees. (4) Wholesale distributors
covered by this chapter of drycleaning agents with at least one operating in-state wholesale
distribution facility. (5) An environmental group with...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-8.htm - 4K - Match Info - Similar pages
22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-40A-3.htm - 9K - Match Info - Similar pages
11-50A-1
this chapter and any successor or successors thereto. (2) BOARD. The board of directors of
the authority. (3) BONDS. Any bonds issued by the authority under the provisions of this chapter,
including refunding bonds. (4) BOND ANTICIPATION NOTES. Short term obligations issued by the
authority in anticipation of the issuance of bonds. (5) COSTS. All costs of acquisition, construction,
reconstruction, improvement, equipment, alteration, repair, or extension of any project; all
costs of real and personal property required for the purposes of any project, including
any rights or undivided interest therein; all costs of easements, franchises, water rights,
fees, permits, approvals, licenses, and certificates, and all costs of securing any permits,
approvals, licenses, and certificates, and preparing applications therefor; all costs of machinery
and equipment, including equipment for use in connection with construction; all costs of the
initial fuel supply or additional fuel inventories...
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