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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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22-30D-3
Section 22-30D-3 Definitions. Unless otherwise defined in this chapter, the definitions of
terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of
this chapter, the following terms have the following meanings: (1) ABANDONED DRYCLEANING FACILITY.
Any real property premises or individual leasehold space located in this state owned by any
person in which a drycleaning facility or wholesale distribution facility formerly operated;
provided, however, that any owner or operator or wholesale distributor who shall have elected
not to be covered by the provisions of this chapter shall not be considered a person owning
or leasing such a facility for the purposes of this chapter. (2) ADJACENT LAND OWNER. Any
owner, lessor, or mortgagee of any real property onto which contamination from a drycleaning
facility, abandoned drycleaning facility, or wholesale distribution facility of any owner
or operator or wholesale distributor who shall have elected to be covered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-3.htm - 7K - Match Info - Similar pages
22-30D-7
Section 22-30D-7 Expenditure of funds. (a) Prior to the approval of an expenditure of any funds
under this chapter with respect to payment for costs incurred for investigation, assessment,
and, if necessary, remediation at a particular site, every owner or operator covered by this
chapter, person owning any abandoned drycleaning facility eligible for coverage by this chapter,
or impacted third party filing a request with the board for payment, shall accept responsibility
for the first ten thousand dollars ($10,000), as a deductible amount, of the actual costs
to be incurred with that particular site. Each wholesale distributor covered by this chapter
shall accept responsibility for the first fifty thousand dollars ($50,000), as a deductible
amount, of the actual cost to be incurred with a wholesale distribution facility. An adjacent
landowner shall not be required to accept responsibility for any costs incurred at a site.
(b) Payments from the fund may be obtained from the board by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-7.htm - 6K - Match Info - Similar pages
22-30D-6
Section 22-30D-6 Registration; fees. (a) No later than May 24, 2001, each owner or operator
of a drycleaning facility located in this state who shall notify the department that it elects
to be covered by this chapter shall also register each drycleaning facility owned or operated
in the state by such owner or operator with the department on forms provided by the department.
Each owner or operator electing to register pursuant to this subsection shall submit its registration
forms to the Department of Revenue and the department. In addition, each owner or operator
electing to be covered by this chapter shall pay to the Department of Revenue with its initial
registration and each year thereafter a yearly drycleaning registration fee equal to two percent
of the gross receipts earned by such owner or operator in the state during the prior calendar
year, not to exceed a total registration fee of twenty-five thousand dollars ($25,000) per
year, regardless of the number of drycleaning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-6.htm - 9K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-9.htm - 3K - Match Info - Similar pages
22-30D-5
Section 22-30D-5 Alabama Drycleaning Environmental Response Trust Fund. (a) There is hereby
created the Alabama Drycleaning Environmental Response Trust Fund, hereinafter referred to
as the "fund." The fund as so created shall be administered and used by the board
as a drycleaning industry self-insurance program for the benefit of those persons electing
to be covered by this chapter within the time(s) specified in accordance with the provision
of this chapter and as a revolving fund for carrying out the purposes of this chapter. To
the fund shall be credited all registration fees collected by the Department of Revenue, which
monies shall be credited to the fund pursuant to this chapter and invested as permitted by
law by the State Treasurer for the benefit of the fund. Charges against the fund shall be
made in accordance with this chapter. Use of the fund and participation in any remedial program
by an adjacent landowner is voluntary. Nothing in this chapter requires participation by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-5.htm - 6K - Match Info - Similar pages
40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-4.htm - 34K - 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
22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility and hazardous
waste disposal site operators. (a) The department, acting through the commission, is authorized
to promulgate rules and regulations establishing such standards, applicable to owners and
operators of hazardous waste treatment, storage or disposal facilities as may be necessary
to protect human health or the environment. In establishing such standards, the department
may, where appropriate, distinguish in such standards between requirements appropriate for
new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30-16.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-350.htm - 14K - Match Info - Similar pages
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