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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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22-30D-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-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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22-30E-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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22-30D-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...
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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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22-30E-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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33-18-1
Section 33-18-1 Alabama-Coosa-Tallapoosa River Basin Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Alabama-Coosa-Tallapoosa River Basin
Compact: Alabama-Coosa-Tallapoosa River Basin Compact The States of Alabama and Georgia and
the United States of America hereby agree to the following compact which shall become effective
upon enactment of concurrent legislation by each respective state legislature and the Congress
of the United States. Short Title This act shall be known and may be cited as the "Alabama-Coosa-Tallapoosa
River Basin Compact" and shall be referred to hereafter in this document as the "ACT
Compact" or "compact." Article I Compact Purposes This compact among the States
of Alabama and Georgia and the United States of America has been entered into for the purposes
of promoting interstate comity, removing causes of present and future controversies, equitably
apportioning the surface waters of the ACT, engaging in water planning,...
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33-19-1
Section 33-19-1 Apalachicola-Chattahoochee-Flint River Basin Compact. The State of Alabama
hereby agrees to the following interstate compact known as the Apalachicola-Chattahoochee-Flint
River Basin Compact: Apalachicola-Chattahoochee-Flint River Basin Compact The States of Alabama,
Florida and Georgia and the United States of America hereby agree to the following compact
which shall become effective upon enactment of concurrent legislation by each respective state
legislature and the Congress of the United States. Short Title This Act shall be known and
may be cited as the "Apalachicola-Chattahoochee-Flint River Basin Compact" and shall
be referred to hereafter in this document as the "ACF Compact" or "compact."
Article I Compact Purposes This compact among the States of Alabama, Florida and Georgia and
the United States of America has been entered into for the purposes of promoting interstate
comity, removing causes of present and future controversies, equitably apportioning the...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other
rights and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or
any combination thereof, according to the requirements of this article, and the rules of the
department or the health department, as authorized by this article, and if disposed of in
this state, shall be disposed in a permitted landfill or permitted incineration, or reduced
in volume through composting, materials recovery, or other existing or future means approved
by and according to the requirements of the department, under authorities granted by this
article. (b) The creation, contribution to, or operation of an unauthorized dump is declared
to be a public nuisance per se, a menace to public health, and a violation of this article.
In addition to other remedies which are available, an unauthorized dump may be enjoined through
an action in the circuit court having jurisdiction over the property in which the...
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