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22-40A-5
Section 22-40A-5 Cleanup; reports; regulations; remediation management. (a) Accumulations of
scrap tires for whatever purpose, not in accordance with this chapter, shall be removed by
the person who created or maintained the accumulation, or if that person is not determined,
by the landowner or financial interest holder if the landowner or financial interest holder
does not qualify as an innocent landowner. (b) All persons with more than 100 scrap tires
on their property who are not registered receivers of scrap tires or a permitted processor
shall report this fact to the department and provide the number of scrap tires and the location.
This report shall be made no later than 12 months after September 1, 2003. (c) The department
shall establish by regulations a ranking system for remediation, and shall award all contracts
for cleanup in accordance with this ranking system. (d) The department shall provide regulations
for cleanup, which shall apply to all cleanups. (e) Department...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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22-40A-11
Section 22-40A-11 Administration and enforcement. (a) Except as provided for herein, the department
is designated by this chapter as the administrating agency for this chapter including administering
remediation and enforcement programs; provided, however, the department may enter into delegation
agreements with county commissions for enforcement of this chapter. The department is hereby
authorized to carry out the purposes of this chapter and is empowered to administer and enforce
this chapter using the authorities granted to it by the Environmental Management Act. (b)
The department shall develop and manage a remediation contract program for cleanup, management,
or disposal of scrap tires. (c) The department may by regulation exempt certain tires under
this chapter and grant variances or place additional requirements on persons subject to this
chapter and the department's regulations. (d) The department shall administer the program
in a way to ensure enforcement of the chapter in all...
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22-40A-14
Section 22-40A-14 Scrap tire environmental fee. (a) A scrap tire environmental fee shall be
collected at the point of sale from the consumer on replacement tires, whether or not the
tires are mounted on a rim or wheel, in the amount of one dollar ($1) per tire, and shall
be remitted to the Department of Revenue on a monthly basis. Out-of-state tires, such as fleet
tires, not purchased in the State of Alabama must be returned to the point of origin for disposal
or the scrap tire environmental fee shall be imposed for each tire brought into the state
and must be remitted to the Department of Revenue. In addition, the scrap tire environmental
fee shall be collected on a retreaded casing replacement tire when sold to a consumer. (b)
The fees imposed by subsection (a) shall be paid monthly to the Department of Revenue by the
20th day of the following month, accompanied by forms as prescribed by the Department of Revenue.
The forms shall contain a printed declaration that the information is...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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22-40A-17
Section 22-40A-17 Evaluation of suspected property; notice; costs. (a) The department or its
designated representatives may access property suspected of containing scrap tires for the
purpose of evaluation of the threat to public health, the environment, and safety. (b) The
department, by regulation, shall establish an administrative process to provide the responsible
party, other than the innocent landowner, notice of obligation to remediate scrap tires found
that are in violation of this chapter. If the responsible party fails or refuses to remediate
the scrap tires, the department or its contractor or subcontractors shall be granted access
to the property for the sole purpose of remediation of the scrap tires. (c) The department
may recover the full cost associated with the remediation, including legal expenses, from
the responsible party, other than an innocent landowner. (d) As long as an innocent landowner
is working cooperatively with the department or its representative to...
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22-40A-7
Section 22-40A-7 Transportation of scrap tires; permits. (a) No person, except properly registered
receivers, may engage in the transportation of scrap tires, whether or not for profit, without
holding a valid transporter permit issued by the department, unless otherwise exempted by
this chapter or unless allowed by department regulation, if he or she transports more than
eight scrap tires at any one time. An application for a permit shall be made in the form required
by the department and provide such information as the department may, by regulation, require.
(b) The department, by regulation, may set higher tire transportation limits than provided
in subsection (a) for special situations, such as an authorized amnesty program. (c) Permitted
transporters shall receive decals equal in number to the number of vehicles in the transporter's
fleet, at no cost. Decals shall be visibly displayed in or on the vehicle, in accordance with
department regulations. (d) Persons making applications...
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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...
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22-40A-19
Section 22-40A-19 Penalties. (a) Any person who intentionally, knowingly, recklessly, or with
criminal negligence: (1) Accumulates scrap tires in violation of this chapter, upon conviction,
shall be subject to a term of imprisonment not exceeding three months. (2) Processes scrap
tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment
not exceeding six months. (3) Transports scrap tires in violation of this chapter, upon conviction,
shall be subject to a term of imprisonment not exceeding one year. (4) Engages in unauthorized
disposal of scrap tires in violation of this chapter, upon conviction, shall be subject to
a term of imprisonment of not more than 10 years nor less than one year and one day and, in
addition, may be fined not more than ten thousand dollars ($10,000) for each violation. (5)
Makes any false statement or representation in any document used to comply with this chapter,
upon conviction, shall be subject to a term of imprisonment...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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