Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-1 - GENERAL › Section 335-15-1-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
Unless otherwise defined in 335-15-1 through 335-15-8, the
				  following words and terms shall have the meanings given below:
(a) "ADEM" is the Alabama Department of
				Environmental Management.
(b)
				"Applicant" is the owner, operator or prospective purchaser of a qualifying
				property seeking to participate in the voluntary cleanup program by submission
				of an application under 335-15-2.
(c) "Application fee" means the nonrefundable
				review fee submitted with the Voluntary Cleanup Program application.
(d) "Aquifer" means a geologic formation,
				group of formations or a part of a formation capable of yielding a significant
				amount of groundwater to wells or springs.
(e) "Brownfield" means real property, the
				expansion, redevelopment, or reuse of which may be complicated by the presence
				or perceived presence of a hazardous substance, pollutant or
				contaminant.
(f) "Brownfield
				Redevelopment District" means any potentially affected property as described in
				the Code of Alabama 1975, §§22-30E-14, 22-30E-15, and
				22-30E-16.
(g) "Brownfield
				Remediation Reserve Fund" means an account established to collect contributions
				from responsible person applicants authorized by the Code of Alabama 1975,
				§22-30E-5.
(h) "Brownfield
				Remediation Reserve Fund Contribution" means an amount provided to the
				Department by a responsible person applicant pursuant to the Code of Alabama
				1975, §22-30E-5 for deposit into and to be used for the purposes of the
				Brownfield Remediation Reserve Fund.
(i) "Carcinogen" means a chemical
				classification for the purpose of risk assessment as an agent that is known or
				suspected to cause cancer in humans, including but not limited to a known or
				likely human carcinogen or a probable or possible human carcinogen under an EPA
				weight-of-evidence classification system.
(j) "Certification of compliance" means 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
				335-15-4-.06.
(k) "Cleanup" means the cleaning up,
				remediation, mitigation, control, or removal of contaminants from the
				environment in accordance with an approved "Voluntary Cleanup Plan".
(l) "Cleanup Properties Inventory" means the
				Voluntary Cleanup Properties Inventory compiled and updated as necessary by the
				Department pursuant to
				335-15-6-.03(1)
				for all qualifying properties for which a property assessment plan or cleanup
				plan has been approved.
(m)
				"Cleanup Standard" means a cleanup level which may be based on specific
				requirements of relevant environmental laws or regulations (e.g., Clean Water
				Act, Clean Air Act, TSCA, RCRA, CERCLA, et al.), derived using the procedures
				outlined in Section 300.430(e)(2) of the National Oil and Hazardous Substances
				Pollution Contingency Plan ( 40 CFR Part 300 ) and/or utilizing requirements
				found in the Alabama Risk-based Corrective Action Guidance (ARBCA) Manual or
				other appropriate risk-based corrective action principles through the
				appropriate implementation of applicable response actions or land use
				controls.
(n) "Commission" means
				the Alabama Environmental Management Commission as defined in the
Code of Alabama 1975
, §22-22A-3.
(o) "Completion" means fulfillment of the
				commitment agreed to by the participant as part of this program.
(p) "Contaminant" means any substance that
				results in alteration of the chemical, physical or biological integrity of
				soils, sediments, air and surface water or groundwater including:
1. Solid waste (as defined in 335-13);
				or
2. Petroleum
				product(s).