Code of Alabama

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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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22-35-2
Section 22-35-2 Short title. This chapter may be cited as the "Alabama Underground and
Aboveground Storage Tank Trust Fund Act." (Acts 1988, No. 88-378, p. 557, §2; Acts 1993,
No. 93-628, p. 1062, §2.)...
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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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22-35-7
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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22-36-4
Section 22-36-4 Information to be furnished by owner upon request of department; owner to permit
access to records and entry and inspection of facilities. For the purposes of determining
compliance with regulations or detecting pollution, any owner or operator of an underground
storage tank shall upon request of a duly authorized representative of the department: (1)
Furnish engineering, technical, and other information relative to such underground storage
tank and installation; (2) Furnish information describing regulated substances stored in an
underground storage tank; (3) Permit the representative, at all reasonable times, access to
all records concerning the storage of regulated substances and permit the representative to
copy said records; and (4) Permit the representative to enter, at all reasonable times, property
and buildings where an underground storage tank is located and allow the representative to
inspect facilities and equipment and to conduct monitoring and sampling....
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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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45-28-244
Section 45-28-244 Taxes authorized. (a) The Etowah County Commission is hereby authorized and
empowered to levy either a county gasoline tax that would remain in effect indefinitely in
all areas of the county in an amount not to exceed two cents ($0.02) per gallon on gasoline
and motor fuel and substitutes therefor or to levy a one cent ($0.01) county sales and use
tax in all areas of the county that would only be in effect from its date of imposition until
December 31, 1995, at which time such sales and use tax would expire and no longer be in effect.
(b) Should the county commission choose to impose a gasoline tax under subsection (a), such
tax shall be levied on persons, corporations, copartnerships, companies, agencies, and associations
engaged in the business of selling, distributing, storing, or withdrawing from storage, for
any purpose whatever, gasoline, motor fuels, and substitutes therefor anywhere in Etowah County.
Such gasoline and motor fuel taxes levied under this section...
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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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40-17-326
Section 40-17-326 Taxable activities; terminal operators deemed suppliers; tax to be added
to selling price of motor fuel. (a) A tax is imposed on the removal within this state of motor
fuel from the terminal using the terminal rack, other than by bulk transfer. The supplier
shall collect the tax imposed by this article from the person who orders the withdrawal at
the terminal rack. (b) Subject to Section 40-17-340, a tax is imposed at the time motor fuel
is imported into this state, other than by a bulk transfer, for delivery to a destination
in this state. The supplier or permissive supplier shall collect the tax imposed by this article
from the person who imports the motor fuel into this state. If the seller is not a supplier
or permissive supplier, then the person who imports the motor fuel into this state shall pay
the tax. (c) A tax is imposed on the sale or transfer of motor fuel in the bulk transfer/terminal
system in this state by a supplier to a person who is not registered...
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