Code of Alabama

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22-35-10
Section 22-35-10 Rules and regulations; department may require owner or operator to provide
information. (a) Rules and regulations pertaining to this chapter shall be adopted by the
commission in accordance with applicable state and federal laws. The commission shall not
adopt any rules or regulations pertaining to underground or aboveground storage tanks under
the provisions of this chapter that are more stringent than those provided by federal rules
or regulations. (b) The department may require the owner or operator of an aboveground storage
tank to provide to the department information concerning the aboveground storage tank which
may include, but is not limited to the name of the owner, the name of the operator, the location,
and description of the facility at which the aboveground storage tank is located, regulated
substances and quantities of regulated substances used or stored. (Acts 1988, No. 88-378,
p. 557, §10; Acts 1993, No. 93-628, p. 1062, §10.)...
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22-35-5
Section 22-35-5 Fee; withdrawals; disposition of funds; liability for clean-up costs; audit.
(a) Every owner of an underground or aboveground storage tank as defined in this chapter shall
pay an Underground and Aboveground Storage Tank Trust Fund fee as established by the provisions
of this chapter to be paid to the department. During the first year next following October
1, 1988, the amount of the annual Underground and Aboveground Storage Tank Trust Fund fee
shall be one hundred dollars ($100). Thereafter, the commission, upon recommendation of the
management board, shall set such an amount not to exceed one hundred fifty dollars ($150)
per year per regulated tank. Should the fund become depleted due to claims being greater than
amounts provided by tank fees, the commission shall be empowered to make special assessments
of tank fees to protect the financial integrity of the fund. Provided the total tank fees
and special assessments for any fiscal year do not exceed one hundred fifty...
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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, §3.)...
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22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
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22-30-18
Section 22-30-18 Reporting of wastes generated; when reports deemed trade secrets. Every generator,
transporter, and owner and operator of a treatment, storage or disposal facility of hazardous
wastes shall establish and maintain such records for a three-year period, make such reports
and furnish such information pertaining to the generation, transportation, treatment, storage
or disposal of said waste, and install, use and maintain such monitoring equipment or methods,
sample such wastes, materials, soils or waters, in accordance with such methods and procedures,
at such locations and times, as the department shall require. The retention period for all
records required to be maintained by this chapter or rules and regulations promulgated under
this chapter is automatically extended during the period of any unresolved enforcement action
regarding the facility or as requested by the department. Any records, reports or information
obtained under this chapter shall be available to the...
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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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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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22-27-17
Section 22-27-17 Disposal fees; disposition of funds; exemptions; review of records; biennial
report. (a) Beginning on October 1, 2008, the following disposal fees are levied upon generators
of solid waste who dispose of solid waste at solid waste management facilities permitted by
the department subject to this chapter, which shall be collected in accordance with subsection
(b): (1) One dollar ($1) per ton for all waste disposed of in a municipal solid waste landfill.
(2) One dollar ($1) per ton or twenty-five cents ($0.25) per cubic yard for all waste disposed
of in public industrial landfills, construction and demolition landfills, non-municipal solid
waste incinerators, or composting facilities, which receive waste not generated by the permittee.
(3) Twenty-five cents ($0.25) per cubic yard for all waste disposed of in a private solid
waste management facility, not to exceed one thousand dollars ($1,000) per calendar year.
(4) Regulated solid waste that may be approved by the...
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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...
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22-36-4
Section 22-36-4 Information to be furnished by owner upon request of department; owner to permit
access to records and entry and inspection of facilities. For the purposes of determining
compliance with regulations or detecting pollution, any owner or operator of an underground
storage tank shall upon request of a duly authorized representative of the department: (1)
Furnish engineering, technical, and other information relative to such underground storage
tank and installation; (2) Furnish information describing regulated substances stored in an
underground storage tank; (3) Permit the representative, at all reasonable times, access to
all records concerning the storage of regulated substances and permit the representative to
copy said records; and (4) Permit the representative to enter, at all reasonable times, property
and buildings where an underground storage tank is located and allow the representative to
inspect facilities and equipment and to conduct monitoring and sampling....
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