Code of Alabama

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22-35-7
Section 22-35-7 Financial responsibility requirements for taking response action. (a) The financial
responsibility requirements for taking response action by underground motor fuel storage tank
owners or operators shall be set at five thousand dollars ($5,000) per occurrence, and for
aboveground tank owners or operators the financial responsibility requirements shall be set
at ten thousand dollars ($10,000) per occurrence. The financial responsibility for third-party
claims is five thousand dollars ($5,000). The commission may increase the clean-up and third
party damage liability per occurrence to owners or operators when recommended by the management
board. (b) Financial responsibility may be established by any one or combination of the following:
Insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. A
person may qualify as a self-insurer by showing tangible net worth in the amount of twenty-five
thousand dollars ($25,000). (Acts 1988, No. 88-378,...
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45-45-175.01
Section 45-45-175.01 Location - Proximity to fire department. (a)(1) In Madison County, any
petroleum product tank farm shall be within five miles of and served by a full-time paid fire
department. The site of any petroleum product tank farm shall be approved by resolution of
the county commission if located outside of the corporate limits of a municipality or by either
resolution of the municipal governing body or by compliance with applicable zoning laws if
located within the corporate limits of a municipality. The petroleum product tank farm operator
shall provide periodic training and fire protection equipment to the fire department staff,
at no cost, for specific risks of fire and spills that could occur. In addition, the petroleum
product tank farm operator shall do all of the following: a. Include all fire protection equipment
required by the National Fire Protection Association Code for petroleum products terminals.
b. Participate in a mutual aid group within the community to...
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22-35-1
Section 22-35-1 Legislative findings and intent. The Legislature of the State of Alabama finds
and declares that certain lands of Alabama constitute unique and delicately balanced resources;
that the protection of these resources is vital to the economy of this state; and that the
preservation of waters is a matter of the highest urgency and priority as these waters provide
a primary source of potable water in this state; that such use can only be served effectively
by maintaining the quality of waters in as close to a comparable previous condition as possible,
taking into account multiple use accommodations necessary to provide the broadest possible
promotion of public and private interests. The Legislature further finds that where contamination
of soils or waters has occurred, remedial measures have often been delayed for long periods
while determinations as to liability and the extent of liability are made; that such delays
result in the continuation and intensification of the...
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22-27-8
Section 22-27-8 Financial assurance. (a) All persons having or requesting a permit for the
operation of a municipal solid waste landfill shall establish and maintain financial assurance
for proper closure, post-closure care, or corrective action in the form and amount the department
specifies by regulation. This requirement is applicable to all municipal solid waste landfills
required by federal law or regulations to demonstrate such assurance. (b) All municipal solid
waste landfills permitted or to be permitted by the department shall submit financial assurance
forms and supporting documents to the department, and such forms and documents shall establish
that there is funding to the appropriate levels required by department regulation. The financial
assurance mechanism shall be maintained for the life of the municipal solid waste landfill,
and for a period of not less than 30 years after closure, unless the owner or operator demonstrates
to the director that a period less than 30...
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22-35-8
Section 22-35-8 Rehabilitation of contamination sites. (a) The Legislature finds that in order
to provide for the expeditious rehabilitation of contamination sites, voluntary rehabilitation
of contamination sites should be encouraged, provided that such rehabilitation is conducted
in a manner and to a level of completion which will protect the public health, safety, and
welfare and will minimize damage to the environment. To accomplish this purpose, the commission
shall promulgate rules and regulations for the approval and compensation of response action
contractors or through the use of their own personnel. The state shall not be party to contracts
established between an owner or operator and a response action contractor and nothing in this
chapter shall be construed as a state contract but to the contrary, it is expressly manifest
that these are not state contracts and are expressly exempt from any competitive bid laws.
(b) Nothing in this chapter shall be deemed to prohibit a person...
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9-17-25
Section 9-17-25 Tax for expenses of administration and enforcement of article - Levied; exemptions;
payment. (a) For the purpose of defraying the expenses connected with the administration and
enforcement of this article, including the expense of the inspections, tests, analyses, and
all other expenses connected with the supervision and protection of crude petroleum oil and
natural gas in the State of Alabama, there is hereby levied on the producer a tax equal in
amount to two percent of the gross value, at the point of production, of the crude petroleum
oil or natural gas produced for sale, transport, storage, profit, or for use from any well
or wells in the State of Alabama. Provided, however, that the tax on offshore production,
produced from depths greater than 8,000 feet below mean sea level, shall not be computed as
a percentage of gross value at the point of production, as provided in this section, but shall
be computed as a percentage of gross proceeds, as provided in Section...
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40-17-346
Section 40-17-346 Monthly exporter returns. (a) A person who is licensed as an exporter shall
file monthly returns with the department on forms prescribed and furnished by the department
concerning the amount of taxable motor fuel exported from this state. (b) The report must
contain all of the following information with respect to motor fuel other than diesel fuel
dyed in accordance with the Internal Revenue Code: (1) All shipments of taxable motor fuel
removed from a terminal in this state as to which the tax imposed by this article previously
was paid or accrued for direct delivery outside of this state by the exporter. (2) All shipments
of taxable motor fuel acquired free of this state's motor fuel tax at a terminal in this state
for direct delivery outside of Alabama but as to which the destination state's motor fuel
tax was paid or accrued to the supplier at the time of removal from the terminal. (3) The
gallons delivered to taxing jurisdictions outside this state out of bulk...
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40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating a refinery
or terminal in Alabama shall prepare and provide to the driver of every highway vehicle receiving
motor fuel at the facility a shipping document setting out on its face the destination state
as represented to the terminal operator by the shipper or the shipper's agent. Failure to
comply with this subsection may result in a department imposed penalty of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000), to be multiplied by the
sum of the current violation plus prior violations of this subsection. (b) Every person transporting
motor fuel in Alabama in a highway vehicle other than in its supply tank shall carry on board
a shipping document issued by the facility where the motor fuel was obtained. The shipping
document shall set out on its face the state of destination of the motor fuel transported
in the highway vehicle. Violation of this subsection...
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8-17-80
Section 8-17-80 Definitions. (a) The following words and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (2) BIODIESEL FUEL.
Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural
products or animal fats, or the wastes of such products or fats, and is advertised as, offered
for sale as, suitable for use as, or used as motor fuel in a diesel engine. (3) BLENDED FUEL.
A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor
fuel in a highway vehicle. (4) BOARD. The Alabama Board of Agriculture and Industries. (5)
BRAND. The trade name or other designation under which a particular petroleum product is sold,
offered for sale, or otherwise identified. (6) BULK...
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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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