Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-1 - GENERAL › Section 335-16-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Unless otherwise defined in ADEM Admin. Code r. 335-16-1
				  through 335-16-6, the following words and terms shall have the meanings given
				  below:
(a) "Abandoned drycleaning
				facility" is any real property premises or individual leasehold space owned by
				an eligible entity in which a drycleaning facility or wholesale distribution
				facility formerly operated.
(b)
				"ADEM" means the Alabama Department of Environmental Management as established
				by Code of Ala. 1975, §
									22-22A-4.
(c) "ADERTFA" or "the Act" means the Alabama
				Drycleaning Environmental Response Trust Fund Act,
Code of
				Ala.
197_5, §
									22-30D-1
et
				seq
.
(d) "Adjacent
				land owner" is any owner, lessor, or mortgagee of any real property onto which
				contamination from an eligible site has migrated or is threatening to migrate;
				or any of the successors or assigns, predecessors-in-title, and
				successors-in-title of the foregoing.
(e) "AHWMMA" means the Alabama Hazardous
				Waste Management and Minimization Act of 1978, as amended,
Code of
				Ala. 1975
, §§
									22-30-1
et
				seq
.
(f) "Aquifer"
				means a geologic formation, group of formations or part of a formation capable
				of yielding a significant amount of groundwater to wells or springs.
(g) "Board" means the Alabama Drycleaning
				Environmental Response Trust Advisory Board created by
Code of Ala.
				1975
, §
									22-30D-8.
(h) "Certification" means a statement of
				professional opinion based upon knowledge and belief.
(i) "Cleanup Properties Inventory" means the
				list compiled and updated as necessary by the Department pursuant to
				335-16-7-.02 for all qualifying
				properties for which contamination has been discovered.
(j) "Commercial hazardous waste disposal
				facility" is one receiving hazardous waste not generated on-site for disposal
				and to which a fee is paid or other compensation is given for
				disposal.
(k) "Contamination" means
				the presence of drycleaning agent in soil, groundwater, surface water, or any
				other medium at or on a drycleaning facility, abandoned drycleaning facility,
				wholesale distribution facility, or any real property of any impacted third
				party.
(l) "Contractor" means a
				person or business that contracts to perform work.
(m) "Department" means the Alabama Department
				of Environmental Management or its successor department or agency of the
				state.
(n) "Dike" means an
				embankment or ridge of either natural or man-made materials used to prevent the
				movement of liquids, sludges, solids, or other materials.
(o) "Director" means the Director of the
				Alabama Department of Environmental Management or his designee.
(p) "Discharge" or "hazardous waste
				discharge" means the accidental or intentional spilling, leaking, pumping,
				pouring, emitting, or dumping of hazardous waste into or on any land or
				water.
(q) "Disposal" means the
				discharge, deposit, injection, dumping, spilling, leaking, or placing of any
				hazardous waste or any hazardous constituent thereof which may enter the
				environment or be emitted into the air or discharged into any waters including
				groundwater.
(r) "Drycleaning
				agent" means any non-hydrocarbon chlorine or hydrocarbon-based formulations or
				products used or to be used as a primary cleaning agent in the cleaning of
				garments, apparel, or household fabrics at a drycleaning facility and includes,
				but is not limited to, perchloroethylene, also known as tetrachloroethylene,
				other chemicals using CAS No. 127-18-4, solvent-charged detergent, spotting
				agents, glutone and any other chlorine or petroleum-based formulations or
				products and the substances into which any such formulations or products
				degrade.
(s) "Drycleaning facility"
				means a place of business, located at or on any real property premises or
				individual leasehold space located in this state which operates, or has
				operated in the past, in whole or in part, a commercial facility for the
				purpose of laundering or cleaning garments, apparel, or household fabrics for
				the general public using any process that involves the use of drycleaning
				agents. The term "drycleaning facility" specifically includes: All contiguous
				land, structures, and other appurtenances and improvements on the land used in
				connection with a drycleaning facility; tuxedo rental facilities renting to the
				public which conduct drycleaning operations on the premises; and "route sales,"
				"dry store," or "pick-up store". The following facilities are excepted from the
				definition of "drycleaning facility":
1. A
				"stand-alone" coin operated laundry or a coin operated drycleaning
				facility;
2. A facility located on
				a United States military base or owned by the United States, or any department
				or agency thereof;
3. A facility
				owned or leased by the state, any county, town, or public or quasi-public
				organization of the state, any public subdivision thereof, or any agency or
				department thereof, or any body corporate or system of the state under the
				management or administration of a board of control or governing board
				established by the state;
4. A
				facility primarily engaged in uniform service or linen supply;
5. Prison, hotel, motel, or industrial
				drycleaners not providing services to the general public, hospitals, or nursing
				homes; or
6. Any facility owned or
				leased by any owner or operator who shall elect not to be covered by the
				Act.