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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-5.htm - 13K - 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
22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-3.htm - 8K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-36-6.htm - 2K - 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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22-35-10
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-10.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-36-2.htm - 4K - 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
22-35-2
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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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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