Code of Alabama

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22-35-3
Section 22-35-3 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently
to the ground or other support structure (including pipes connected thereto) used to contain
an accumulation of motor fuels, the volume of which (including pipes connected thereto) is
greater than 90 percent above the surface of the ground. The terms "Underground Storage
Tank" and "Aboveground Storage Tank" do not include any: a. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
b. Tank used for storing heating oil for consumptive use on the premises where stored; c.
Septic tank; d. Pipeline facility (including gathering lines) regulated under: 1. The Natural
Gas Pipeline Safety Act of 1968, 2. The Hazardous Liquid Pipeline Safety Act of 1979, and
3....
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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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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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40-17-322
Section 40-17-322 Definitions. As used in this article and unless the context requires
otherwise, the following terms have the meaning ascribed herein: (1) AIRCRAFT. Any airplane
or helicopter. (2) ASSOCIATE JOBBER. A person who acquires motor fuel from a licensed distributor
in this state for subsequent sale. An associate jobber may obtain a distributor's license
even though it does not acquire fuel from a supplier in this state. (3) AVIATION FUEL. Aviation
gasoline or aviation jet fuel. (4) AVIATION GASOLINE. Motor fuel designed for use in the operation
of aircraft other than jet aircraft, and sold or used for that purpose. (5) AVIATION JET FUEL.
Motor fuel designed for use in the operation of jet or turbo-prop aircraft and sold or used
for that purpose. (6) 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...
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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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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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9-17-1
Section 9-17-1 Definitions. Unless the context otherwise requires, the following terms
shall have the following meanings: (1) BOARD. The State Oil and Gas Board created by this
article. (2) DEVELOPED AREA or DEVELOPED UNIT. A drainage unit having a well completed thereon
which is capable of producing oil or gas in paying quantities; however, in the event it is
shown and the board finds that a part of any unit is nonproductive, then the developed part
of the unit shall include only that part found to be productive. (3) DRAINAGE OR PRODUCTION
UNIT. The area in a pool which may be drained efficiently and economically by one well. (4)
DRILLING UNIT. An administrative unit established by the board to provide and allow for the
drilling of a well. Prior to establishment of a field and drainage or production unit within
the field, the board may establish a drilling unit to allow for the drilling of a well in
search of oil and gas. (5) FIELD. The general area which is underlain or appears to be...

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11-51-90.2
Section 11-51-90.2 Purchase of business license; classification of taxpayers; vehicle
decals; determination of gross receipts; construction with other provisions. (a) Every taxpayer
required to purchase a business license under this chapter shall: (1) Purchase a business
license for each location at which it does business in the municipality, except as otherwise
provided by the municipality. (2) Except as provided in Section 11-51-193, with respect
to taxpayers subject to state licensing board oversight, be classified into one or more of
the following 2002 North American Industrial Classification System ("NAICS") sectors
and applicable sub-sectors, industry groups, industries, and U.S. industries thereunder: SECTOR
NAICS TITLE SUGGESTED BUSINESS LICENSE CODE GROUPING BY SAMPLE TOPIC OR CATEGORY BASIS FOR
LICENSE CALCULATION 111 Crop Production Agriculture, farming, nursery, fruit, growers Gross
Receipts and/or Flat Rate 112 Animal Production Animal, dairy, cattle, ranching, sheep,...

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22-35-4
Section 22-35-4 Alabama Underground and Aboveground Storage Tank Trust Fund. There is
hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund, hereinafter
referred to as the "fund," to be administered by the Secretary-Treasurer of the
Retirement Systems of Alabama. The fund shall be used by the department as a revolving fund
for carrying out the purposes of this chapter. The fund is not an insurance company and the
laws relating to the conduct of business in this state by an insurance company do not apply
to the fund. A decision that underground or aboveground storage tanks are ineligible for benefits
under the fund does not expose the fund, the director, department, or commission to a claim
of bad faith as such terms are used in general insurance law. Further, in no event shall combined
claims against the fund for payment of response actions and third-party claims exceed the
per occurrence indemnification limit set by the commission. Under no circumstances shall...

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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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