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22-30A-1
Section 22-30A-1 Legislative findings; purpose and intent of chapter. The Legislature finds
that hazardous substances have been treated, stored or disposed of at sites which are inactive
or abandoned and that such sites have the potential for deleterious impacts on groundwater,
human health or the environment. The Legislature, therefore, declares that it is in the public
interest to assure that such sites are identified and that action is taken to provide for
the cleanup and rehabilitation of such sites within the State of Alabama. The Legislature
intends that funds provided under this chapter be used primarily to clean up and rehabilitate
sites not qualified for or unlikely to receive funding under the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.) but that the funds
provided under this chapter may also be used to provide state matching funds for cleanups
and for operation and maintenance of sites which have completed...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. §9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning October
1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues and upon
appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1) Ten percent
of the fund shall be allocated to the Department of Public Health for distribution to one
or more of the following: a. The Children's Health Insurance Program. b. Programs for tobacco
control among children with the purpose being to reduce the consumption...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-15B-2.2.htm - 22K - Match Info - Similar pages
22-30A-4
Section 22-30A-4 Powers of department; use of fund. (a) In relation or addition to the powers
set forth in this section and any other provisions of laws of this state, the department is
empowered, with regard to the regulation, control, or removal of hazardous substances as follows:
(1) To respond to, direct, or initiate cleanup of inactive or abandoned hazardous substance
sites; (2) To conduct or contract for professional technical data gathering and analysis and
damage assessment; (3) To conduct or contract for the removal or containment of hazardous
substances where there has been or is a potential for release, regardless of quantity or concentration;
and (4) Acting through the provisions of Sections 22-22A-5 and 22-22A-8 issue such rules and
regulations as are necessary to carry out the provisions of this chapter. (b) The fund shall
be available to the department for expenditures for the purpose of providing for the identification,
investigation, and for the containment and...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-1.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30E-4.htm - 5K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-8.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-4.htm - 6K - Match Info - Similar pages
22-27-40
Section 22-27-40 Legislative findings. The Legislature finds that: (1) The state, its subdivisions
and the nation face an emerging crisis in solid waste management; (2) Proper waste management
is an increasingly complex issue involving the need for reducing the volumes of waste requiring
disposal, properly managing wastes to reduce the likelihood of both short-term and long-term
threat to human health and the environment, and assuring that adequate, environmentally secure,
waste management and disposal facilities will be available at reasonable costs to accommodate
wastes generated in the state; (3) Provision for necessary systems, facilities, technology
and services for solid waste management and resource recovery is a matter of important public
interest and concern, and action taken in this regard will be for a public purpose and will
benefit the public welfare; (4) Solid waste management problems are potentially statewide
in scope and necessitate state and local action through the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-40.htm - 4K - Match Info - Similar pages
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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