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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...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-4.htm - 14K - 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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33-18-1
of the ACT Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACT Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACT Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACT Basin among the States of Alabama and
Georgia; and (13) To perform all functions required of it by this...
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33-19-1
of the ACF Basin, and to share this information among the commission members and with others;
(10) To cooperate with appropriate state, federal, and local agencies or any other person
in the development, ownership, sponsorship, and operation of water resource facilities in
the ACF Basin; provided, however, that the commission shall not own or operate a federally-owned
water resource facility unless authorized by the United States Congress; (11) To acquire,
receive, hold and convey such personal and real property as may be necessary for the
performance of its duties under the compact; provided, however, that nothing in this compact
shall be construed as granting the ACF Basin Commission authority to issue bonds or to exercise
any right of eminent domain or power of condemnation; (12) To establish and modify an allocation
formula for apportioning the surface waters of the ACF Basin among the States of Alabama,
Florida and Georgia; and (13) To perform all functions required of it by...
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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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