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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
22-30D-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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30D-4.htm - 14K - Match Info - Similar pages
22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-30E-10.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-5.htm - 13K - Match Info - Similar pages
22-21-260
Section 22-21-260 Definitions. As used in this article, the following words and terms, and
the plurals thereof, shall have the meanings ascribed to them in this section, unless otherwise
required by their respective context: (1) ACQUISITION. Obtaining the legal equitable title
to a freehold or leasehold estate or otherwise obtaining the substantial benefit of such titles
or estates, whether by purchase, lease, loan or suffrage, gift, devise, legacy, settlement
of a trust or means whatever, and shall include any act of acquisition. The term "acquisition"
shall not mean or include any conveyance, or creation of any lien or security interest by
mortgage, deed of trust, security agreement, or similar financing instrument, nor shall it
mean or include any transfer of title or rights as a result of the foreclosure, or conveyance
or transfer in lieu of the foreclosure, of any such mortgage, deed of trust, security agreement,
or similar financing instrument, nor shall it mean or include any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-260.htm - 11K - Match Info - Similar pages
9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-16-91.htm - 10K - Match Info - Similar pages
34-8-1
Section 34-8-1 Definitions. (a) For the purpose of this chapter, a "general contractor"
is defined to be one who, for a fixed price, commission, fee, or wage undertakes to construct
or superintend or engage in the construction, alteration, maintenance, repair, rehabilitation,
remediation, reclamation, or demolition of any building, highway, sewer, structure, site work,
grading, paving or project or any improvement in the State of Alabama where the cost of the
undertaking is fifty thousand dollars ($50,000) or more, shall be deemed and held to have
engaged in the business of general contracting in the State of Alabama. (b) For the purpose
of this chapter, a "general contractor" is defined to include one who, for a fixed
price, commission, fee, or wage exceeding five thousand dollars ($5,000), undertakes to construct,
superintend the construction of, repair, or renovate, any swimming pool, and anyone who shall
engage in the construction, superintending of the construction, repair, or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-8-1.htm - 2K - 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
22-30A-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. ยง9601 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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