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22-30E-11
Section 22-30E-11 Voluntary Cleanup Properties Inventory list. (a) Beginning on August
21, 2001, the department shall compile and update as necessary an inventory of all qualifying
properties for which a voluntary properties assessment plan or cleanup plan has been approved
by the department. At least annually, beginning July 1, 2002, the department shall send a
copy of the inventory with the properties listed by county to the clerk of each probate court
of the state, who shall place and maintain the most current copy of the inventory in the room
or rooms in which the deed records of the county are kept. The inventory shall be called the
Voluntary Cleanup Properties Inventory. The inventory shall include all the following information:
(1) The name of the property or another description identifying the property. (2) The location
of the property. (3) The name of the owner of the property at the time of the property's inclusion
in the inventory. (4) A general description of the voluntary...
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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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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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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...
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24-1A-2
Section 24-1A-2 Definitions. The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, in the absence of clear implication
otherwise, have the following respective meanings: (1) AUTHORITY. The public corporation and
instrumentality of the state organized pursuant to the provisions of this chapter. (2) AUTHORIZED
INVESTMENTS. Bonds or other obligations of, or guaranteed by, the United States of America
or the state; interest bearing bank and savings and loan association deposits; obligations
of any agency of the United States of America; any obligations in which a state chartered
savings and loan association may invest its funds; any agreement to repurchase any of the
foregoing; or any combination thereof. (3) BOARD OF DIRECTORS. The board of directors of the
authority. (4) BONDS. Bonds or other securities representing an obligation to pay money. (5)
ELIGIBLE HOUSING UNIT. Real and personal properties located in the state...
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8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
11-49B-7
Section 11-49B-7 Powers of authority. The authority shall exercise, subject to this
chapter, the following powers and duties necessary to the discharge of its powers and duties
in corporate form: (1) To have succession by its corporate name for the duration of time,
which may be perpetual, subject to the provisions of Section 11-49B-19 specified in
its certificate of incorporation. (2) To sue and be sued in its own name in civil suits and
actions and to defend suits against it. (3) To adopt and make use of a corporate seal and
to alter the seal at pleasure. (4) To adopt and alter bylaws for the regulation and conduct
of its affairs and business. (5) To acquire, receive, and take, by purchase, gift, lease,
devise, or otherwise, and to hold property of every description, real, personal, or mixed,
whether located in one or more counties or municipalities and whether located within or outside
the authorizing county. (6) To make, enter into, and execute contracts, agreements, leases,
and...
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11-32-7
Section 11-32-7 Powers of authority. (a) The authority shall exercise powers and duties
necessary to the discharge of its powers and duties in corporate form as follows: (1) Have
succession by its corporate name in perpetuity subject to Section 11-32-20. (2) Sue
and be sued in its own name in civil suits and actions and defend suits against it. (3) Adopt
and make use of a corporate seal and alter the same at its pleasure. (4) Adopt and alter bylaws
for the regulation and conduct of its affairs and business. (5) Acquire, receive, take, by
purchase, gift, lease, devise, or otherwise, and hold property of every description, real,
personal, or mixed, whether located in one or more counties or municipalities and whether
located within or outside the authorizing county. (6) Make, enter into, and execute contracts,
agreements, leases, and other instruments and take other actions as may be necessary or convenient
to accomplish any purpose for which the authority was organized, or exercise any...
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