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22-35-12
Section 22-35-12 Liability of underground and aboveground storage tank owner. This chapter
is to assist the underground and aboveground storage tank owner to the extent provided for
in this chapter, but not to relieve the owner of any liability that cannot be satisfied by
the provisions of this chapter. (Acts 1988, No. 88-378, p. 557, §13; Acts 1993, No. 93-628,
p. 1062, §12.)...
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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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22-35-4
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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22-35-10
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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22-35-11
Section 22-35-11 Notice to underground and aboveground storage tank owners of provisions of
chapter. No later than 90 days after October 1, 1988, with regard to underground storage tank
owners and no later than 90 days after August 1, 1993, with regard to aboveground storage
tank owners, the department shall notify said tank owners of the privileges of this chapter,
the required timely payment of fees, the deadlines for payment thereof, and the manner in
which late charges may be applied. This notification shall be accomplished by publication
in newspapers published at least once per week in each county of the state. In the event a
county does not have a newspaper which is published at least once a week, the publication
in a newspaper published at least once a week in an adjoining county shall be sufficient.
Registration of aboveground storage tanks as provided herein shall occur no later than January
31, 1994. (Acts 1988, No. 88-378, p. 557, §12; Acts 1993, No. 93-628, p. 1062,...
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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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22-35-6
Section 22-35-6 Alabama Underground and Aboveground Storage Tank Trust Fund Management Board
created; composition; powers and duties; compensation. (a) There is hereby created the Alabama
Underground and Aboveground Storage Tank Trust Fund Management Board, hereinafter referred
to as the "management board," comprised of nine voting members: One member appointed
by the Governor for a three-year term, one member appointed by the Lieutenant Governor for
a three-year term, one member appointed by the Senate President Pro Tempore for a two-year
term, one member appointed by the Speaker of the House of Representatives for a two-year term,
and one member appointed by the Speaker Pro Tempore for a one-year term, all of whom are from
a list of qualified individuals for each position provided by the governing body of the Petroleum
and Convenience Marketers of Alabama; and additionally, one member appointed by the Speaker
of the House of Representatives for a one-year term from a list of...
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22-36-3
Section 22-36-3 Rules and regulations governing underground storage tanks. The department,
acting through the commission, is authorized to promulgate rules and regulations governing
underground storage tanks and is authorized to seek the approval of the United States Environmental
Protection Agency to operate the state underground storage tank program in lieu of the federal
program. In addition to specific authorities provided by this chapter, the department is authorized,
acting through the commission, to adopt any rules or regulations that are mandatory requirements
for approval of the State Underground Storage Tank Regulatory Program by the United States
Environmental Protection Agency. Adoption of rules and regulations governing underground storage
tanks shall not occur prior to adoption by the United States Environmental Protection Agency
of regulations establishing the federal program. (1) The department, acting through the commission,
is authorized to promulgate rules and...
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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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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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