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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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22-35-3
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....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-3.htm - 8K - Match Info - Similar pages
9-17-105
Section 9-17-105 Permits; LP-Gas Recovery Fund; proof of insurance; surety bond; Liquefied
Petroleum Gas Board Personal Bond Fund; change of name. (a) The board may issue permits to
any person, who is a citizen of the United States or, if not a citizen of the United States,
is legally present in the United States with appropriate documentation from the federal government,
to engage in or continue the business of selling, distributing, storing, or transporting liquefied
petroleum gases and to engage in or continue the business of installing, servicing, repairing,
removing, or adjusting liquefied petroleum gas containers, tanks, or systems or to perform
magnetic, hydrostatic, visual, or X-ray inspections of liquefied petroleum gas storage containers,
cargo tanks, motor fuel containers, and cylinders in the State of Alabama; and to prescribe
the requirements of any person to obtain the permits. The board may revoke any permit issued,
for cause, in the opinion of the board. (b) The permits...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-105.htm - 19K - Match Info - Similar pages
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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22-36-6
Section 22-36-6 Expenditure of funds from leaking Underground Storage Tank Trust Fund; investigative
and corrective powers in regard to administration of funds; liability of owner or operator
for costs. (a) The department shall be authorized to administer the expenditure of any funds
made available from the Leaking Underground Storage Tank Trust Fund established by the Superfund
Amendments and Reauthorization Act of 1986. (b) To enable the department to administer the
Leaking Underground Storage Tank Trust Fund, or state fund, where applicable, the department:
(1) Shall have authority to take investigative and corrective action with respect to releases
of petroleum from underground storage tanks; (2) Shall have the authority to expend any state
funds which may be made available for investigative and corrective action or federal funds
which are authorized for state use under 42 U.S.C. §6991b.(h) for investigative or corrective
action involving releases of petroleum from underground...
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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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22-36-2
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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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
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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