reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-11 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 335-14-11-.06 - Import Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Imports
. Persons managing universal waste that is
				imported from a foreign country into the United States are subject to the
				requirements of
				335-14-3-.09 and the applicable
				requirements of 335-14-11, immediately after the waste enters the United
				States, as indicated in
				335-14-11-.06(1)(a) through
				(c):
(a) A
				universal waste transporter is subject to the universal waste transporter
				requirements of
				335-14-11-.04.
(b) A universal waste handler is subject to
				the small or large quantity handler of universal waste requirements of Rules
				335-14-11-.02 and
				335-14-11-.03, as
				applicable.
(c) An owner or
				operator of a destination facility is subject to the destination facility
				requirements of
				335-14-11-.05.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-11 - STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 335-14-11-.07 - Petitions To Include Other Wastes Under Chapter 335-14-11

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
.
(a) Except
				as provided in
				335-14-11-.07(1)(d),
				any person seeking to add a hazardous waste or a category of hazardous waste to
				335-14-11 may petition for a regulatory amendment under
				335-14-11-.07 and
				335-14-1-.03(3).
(b) To be successful, the petitioner must
				demonstrate to the satisfaction of the Director that regulation under the
				universal waste regulations of 335-14-11 is: appropriate for the waste or
				category of waste; will improve management practices for the waste or category
				of waste; and will improve implementation of the hazardous waste program. The
				petition must include the information required by
				335-14-1-.03(3)
				(b). The petition should also address as many
				of the factors listed in
				335-14-11-.07(2)
				as are appropriate for the waste or waste category addressed in the petition.
(c) The Director will evaluate
				petitions using the factors listed in
				335-14-11-.07(2).
				The Director will grant or deny a petition using the factors listed in
				335-14-11-.07(2).
				The decision will be based on the weight of evidence showing that regulation
				under Chapter 335-14-11 is appropriate for the waste or category of waste, will
				improve management practices for the waste or category of waste, and will
				improve implementation of the hazardous waste program.
(d) Hazardous waste pharmaceuticals are
				regulated by
				335-14-7-.16 and may not be added
				as a category of hazardous waste for management under this part.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.01 - Reserved

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
James T. Shipman, C. Edwin Johnston,
				  Bradley N. Curvin
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22A-4(n),
					 22-22A-5(3),
					 22-22A-5(4),
					 22-22A-5(20),
					 22-30-9(5).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.03 - Standards For Used Oil Generators

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
(a) General. Except as provided in
				335-14-17-.03(1)(a)1. through
				(a)4.,
				335-14-17-.03 applies to all used
				oil generators. A used oil generator is any person, by individual generation
				site, whose act or process produces used oil or whose act first causes used oil
				to become subject to regulation.
1. Household
				'do-it-yourselfer' used oil generators. Household 'do-it-yourselfer' used oil
				generators are not subject to regulation under 335-14-17.
2. Vessels. Vessels at sea or at port are not
				subject to
				335-14-17-.03. For purposes of
				335-14-17-.03, used oil produced
				on vessels from normal shipboard operations is considered to be generated at
				the time it is transported ashore. The owner or operator of the vessel and the
				person(s) removing or accepting used oil from the vessel are co-generators of
				the used oil and are both responsible for managing the waste in compliance with
				335-14-17-.03 once the used oil
				is transported ashore. The co-generators may decide among them which party will
				fulfill the requirements of
				335-14-17-.03.
3. Diesel fuel. Mixtures of used oil and
				diesel fuel mixed by the generator of the used oil for use in the generator's
				own vehicles are not subject to 335-14-17 once the used oil and diesel fuel
				have been mixed. Prior to mixing, the used oil fuel is subject to the
				requirements of
				335-14-17-.03.
4. Farmers. Farmers who generate an average
				of 25 gallons per month or less of used oil from vehicles or machinery used on
				the farm in a calendar year are not subject to 335-14-17.
5. Identification Numbers. Used oil
				generators that generate an average of 25 gallons per month (or less) of used
				oil in a calendar year are not subject to Rule
				335-14-17-.03(3).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.04 - Standards For Used Oil Collection Centers And Aggregation Points

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Do-it-yourselfer used oil collection centers.
(a) Applicability.
				335-14-17-.04(1)
				applies to owners or operators of all do-it-yourselfer (DIY) used oil
				collection centers. A DIY used oil collection center is any site or facility
				that accepts/aggregates and stores used oil collected only from household
				do-it-yourselfers.
(b) DIY used oil
				collection center requirements. Owners or operators of all DIY used oil
				collection centers must comply with the used oil generator standards in Rule
				335-14-17-.03. DIY used oil
				collection centers are not required to comply with the notification
				requirements of Rule
				335-14-17-.03(3)
				unless the used oil generator produces an average of greater than 25 gallons of
				used oil per month in a calendar year due to activities other than the
				acceptance of DIY used oil.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.05 - Standards For Used Oil Transporter And Transfer Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
(a)
				General. Except as provided in
				335-14-17-.05(1)(a)1. through
				(a)4.,
				335-14-17-.05 applies to all used
				oil transporters. Used oil transporters are persons who transport used oil,
				persons who collect used oil from more than one used oil generator and
				transport the collected oil, and owners and operators of used oil transfer
				facilities.
1.335-14-17-.05 does not apply to
				on-site transportation.
2.335-14-17-.05 does not apply to
				used oil generators who transport shipments of used oil totaling 55 gallons or
				less from the used oil generator to a used oil collection center as specified
				in Rule 335-14-17-.03(6)(a).
3.335-14-17-.05 does not apply to
				used oil generators who transport shipments of used oil totaling 55 gallons or
				less from the used oil generator to a used oil aggregation point owned or
				operated by the same used oil generator as specified in Rule
				335-14-17-.03(6)(b).
4.335-14-17-.05 does not apply to
				transportation of used oil generated from household do-it-yourselfers to a
				regulated used oil generator, collection center, aggregation point,
				processor/re-refiner, or burner subject to 335-14-17. Except as provided in
				335-14-17-.05(1)(a)1. through
				(a)3.,
				335-14-17-.05 does, however,
				apply to transportation of collected household do-it-yourselfer used oil from
				regulated used oil generators, collection centers, aggregation points, or other
				facilities where household do-it-yourselfer used oil is collected.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.06 - Standards For Used Oil Processors And Re-Refiners

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
(a) The requirements of
				335-14-17-.06(1)
				apply to owners and operators of facilities that process used oil. Used oil
				processing means chemical or physical operations designed to produce from used
				oil, or to make used oil more amenable for production of, fuel oils,
				lubricants, or other used oil-derived products. Used oil processing includes,
				but is not limited to: blending used oil with virgin petroleum products,
				blending used oils to meet the fuel specification, filtration, simple
				distillation, chemical or physical separation and re-refining. The requirements
				of 335-14-17-.06(1)
				do not apply to:
1. Used oil transporters
				that conduct incidental processing operations that occur during the normal
				course of transportation as provided in Rule
				335-14-17-.05(2);
				or
2. Burners that conduct
				incidental used oil processing operations that occur during the normal course
				of used oil management prior to burning as provided in rule
				335-14-17-.07(2)(b)1.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.07 - Standards For Used Oil Burners Who Burn Off-Specification Used Oil For Energy Recovery

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
General
.
(a) The
				requirements of
				335-14-17-.07 apply to used oil
				burners except as specified in
				335-14-17-.07(1)(a)1. and
				(a)2.. A used oil burner is a facility where
				used oil not meeting the specification requirements in Rule
				335-14-17-.02(2)
				is burned for energy recovery in devices identified in Rule
				335-14-17-.07(2)(a).
				Facilities burning used oil for energy recovery under the following conditions
				are not subject to
				335-14-17-.07:
1. The used oil is burned by the generator in
				an on-site space heater under the provisions of Rule
				335-14-17-.03(5);
				or
2. The used oil is burned by a
				processor/re-refiner for purposes of processing used oil, which is considered
				burning incidentally to used oil processing.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.08 - Standards For Used Oil Fuel Marketers

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
(a) Any person who conducts either of the
				following activities is subject to the requirements of
				335-14-17-.08:
1. Directs a shipment of off-specification
				used oil from their facility to a used oil burner; or
2. First claims that used oil that is to be
				burned for energy recovery meets the used oil fuel specifications set forth in
				Rule 335-14-17-.02(2).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - HAZARDOUS WASTE PROGRAM › Chapter 335-14-17 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 335-14-17-.09 - Standards For Disposal Of Used Oil

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Applicability
.
				The requirements of
				335-14-17-.09 apply to all used
				oils that cannot be recycled and are therefore being disposed.
(2)
Disposal
.
(a) Disposal of hazardous used oils. Used
				oils that are identified as a hazardous waste and cannot be recycled in
				accordance with 335-14-17 must be managed in accordance with the hazardous
				waste management requirements of Chapters 335-14-1 through 335-14-9.
(b) Disposal of nonhazardous used oils. Used
				oils that are not hazardous wastes and cannot be recycled under 335-14-17 must
				be disposed in accordance with the requirements of ADEM's Administrative Code,
				Division 335-13 (Solid Waste).
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-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These regulations are promulgated pursuant to the Alabama
				  Land Recycling and Redevelopment Act,
Code of Ala.
				  1975
, §22-30E-4. The Brownfield Redevelopment and Voluntary
				  Cleanup Program provides a mechanism for the implementation of a cleanup
				  program that encourages applicants to voluntarily assess, remediate and provide
				  for the productive reuse of properties with actual or perceived contamination.
				  The program is designed to expedite the voluntary cleanup process and has been
				  designed for entry at any stage of the cleanup process as long as all
				  applicable criteria have been achieved up to the point of
				  entry.
Author:
Fred A. Barnes; Keith N. West;
					 Lawrence A. Norris; Stephen A. Cobb; Sonja B. Favors; Austin R. Pierce; Pamela
					 L. Monaghan; Pamela W. Luckie; Crystal L. Collins
Statutory Authority:
Code of Ala.
					 1975
, §§22-30E-1, 22-30E-2, 22-30E-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-2 - PARTICIPATION › Section 335-15-2-.01 - Property Eligibility Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Eligibility
. In order to be considered a qualifying
				property for participation in the voluntary cleanup program established
				pursuant to 335-15-2, a property shall, unless granted a variance under
				335-15-2-.03, meet the following
				criteria:
(a) It must not be listed on the
				federal National Priorities List pursuant to the federal Comprehensive
				Environmental Response, Compensation, and Liability Act,
				42 U.S.C., §
											9601,
et
				seq
.
(b) It must not
				be currently undergoing response activities required by an order of the
				Department.
(c) It must not be
				currently undergoing response activities required by an order of the United
				States Environmental Protection Agency issued pursuant to the provisions of the
				federal Comprehensive Environmental Response, Compensation, and Liability Act,
				42 U.S.C., §
											9601
et
				seq
.
(d) It must not
				be a hazardous waste treatment, storage, or disposal facility subject to the
				permitting requirements of
				335-14-8-.01 through
				335-14-8-.08.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-2 - PARTICIPATION › Section 335-15-2-.02 - Application Participation Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To qualify for participation in the
				voluntary cleanup program as provided in 335-15-2, an applicant shall not,
				unless granted a variance under
				335-15-2-.03, be in substantive
				violation of any order, judgment, statute, rule, or regulation subject to the
				enforcement authority of the Department, or the United States Environmental
				Protection Agency with respect to the qualifying property.
(2) To participate in the Voluntary Cleanup
				Program an applicant shall:
(a) Submit to the
				Department a complete application with applicable registration fee as cited in
				335-1-6-.07, and
(b) Pay to the Department all costs incurred
				by the Department's oversight of the voluntary cleanup as specified in
				335-1-6-.07 Fee Schedule
				H.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-2 - PARTICIPATION › Section 335-15-2-.03 - Variances Criteria

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Property eligibility variance
. The Department may,
				subject to the following criteria, grant a variance from the eligibility
				requirements contained in
				335-15-2-.01. A variance may be
				granted if:
(a) The requirements of
				335-15-2-.01 would render the
				property ineligible for cleanup under 335-15-2;
(b) No other qualified person has applied to
				participate in the voluntary cleanup program at the subject property;
				and
(c) It is determined that:
1. Such property ineligibility would result
				in the continuation of a condition that poses or could pose a threat to human
				health and/or the environment;
2.
				Compliance with a property eligibility requirement will not provide for a
				cost-effective response and the proposed voluntary cleanup plan will achieve
				results that are equivalent to those required through the use of a Department
				approved method or approach;
3. The
				Department would otherwise be required to perform the necessary cleanup on an
				abandoned site using funds from the Alabama Hazardous Substance Cleanup Fund,
				as described in
Code of Alabama 1975
, §22-30A-3,
				and the Department would be unable to recover the cost of the cleanup as
				provided in Chapter 30A; and
4. In
				the case of a facility subject to the permitting, closure, post-closure, or
				corrective action requirements of
Code of Alabama
				1975
, §§22-30-12 and 22-30-16, the cleanup will be
				conducted in a manner consistent with the requirements of any applicable
				regulations and permits issued thereunder. Participation in the voluntary
				cleanup program may be used to expedite investigation and cleanup at sites, but
				shall not serve to limit the applicability or enforcement of any applicable
				requirements at facilities.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-3 - APPLICATION › Section 335-15-3-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To establish procedures necessary for the submission of a
				  complete and accurate application package thereby facilitating timely and
				  efficient processing and review. Application packages shall be submitted with
				  the appropriate fees as specified in ADEM Admin. Code R. 335-1-6 (See Fee
				  Schedule H). Applications may be submitted using ADEM Form 521 (Voluntary
				  Cleanup Program Application). As appropriate, the application package may be
				  submitted individually or in conjunction with the Voluntary Assessment Plan or
				  Report, Voluntary Cleanup Plan or Report, or the Certification of
				  Compliance.
Authors:
Lawrence A. Norris; Stephen A. Cobb;
					 Vernon H. Crockett; Sonja B. Favors; Crystal L. Collins; M. Gavin Adams; Austin
					 R. Pierce; Pamela L. Monaghan
Statutory Authority:
Code of Ala.
					 1975
, §
											22-30E-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-3 - APPLICATION › Section 335-15-3-.02 - Application Package Submittal

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Application Requirements
. An application package
				submitted to the Department under 335-15-3 shall, at a minimum provide the
				following information in the form specified by the Department:
(a) Applicant description.
1. Full name of applicant;
2. Applicant's complete mailing address;
				and
3. Applicant's telephone
				number.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-3 - APPLICATION › Section 335-15-3-.03 - Application Processing

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Application Review
. The Department shall review each
				application submitted for compliance with
				335-15-3-.03(2).
				Upon completion of the initial review, the Department shall notify the
				applicant in writing whether the application is complete or deficient. If the
				application is incomplete or inaccurate, the Department:
(a) Shall request from the applicant any and
				all information necessary to correct the noted deficiencies;
(b) Shall notify the applicant of a date for
				submitting the necessary information; and
(c) May request any information necessary to
				clarify, modify, or supplement previously submitted material.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-4 - TECHNICAL INFORMATION › Section 335-15-4-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Establishes criteria for the submission of voluntary property
				  assessment plans and other technical information, liability limitations,
				  assessments, plans, cleanup requirements, and certification of
				  compliance.
Author:
Fred A. Barnes; Keith N. West;
					 Lawrence A. Norris; Stephen A. Cobb; Sonja B. Favors; Austin R. Pierce; Pamela
					 L. Monaghan
Statutory Authority:
Code of Ala.
					 1975
, §22-30E-9.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-4 - TECHNICAL INFORMATION › Section 335-15-4-.02 - Limitation Of Liability Qualifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Limitation of liability
				criteria
. To qualify for a limitation of liability as provided in
				the
Code of Alabama 1975
, §§22-30E-9(a) and
				22-30E-10(b), an applicant shall meet all the following criteria:
(a) The applicant shall not be a responsible
				person, as defined in
				335-15-1-.02, at the qualifying
				property.
(b) Where the applicant
				is an individual, the individual shall not:
1. Be a relative by blood within the third
				degree of consanguinity or by marriage; or
2. Be an employee, shareholder, officer, or
				agent; or otherwise be affiliated with a current owner of the subject property
				or any responsible person on the subject property.
(c) Where the applicant is a corporation or
				other legal entity, the corporation must not:
1. Be a current or former subsidiary,
				division, parent company, or partner of a current owner; or
2. Be the employer or former employer of the
				current owner; or
3. Be any
				responsible person on the subject property.
(d) The limitation of liability provided by
				the
Code of Alabama 1975
, §§22-30E-9(a)and
				22-30E-10 shall be contingent upon the applicant's good faith implementation of
				the voluntary property assessment and/or voluntary cleanup plan as approved by
				the Department. Such limitation of liability shall not be applicable to any
				activities conducted on the qualifying property before the Department's
				approval of the voluntary property assessment plan, cleanup plan, or
				concurrence with a certification of compliance, whichever occurs
				first.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-4 - TECHNICAL INFORMATION › Section 335-15-4-.03 - Voluntary Property Assessment Plans

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Submission
.
(a) After acceptance of the application by
				the Department as required in
				335-15-3-.03, the applicant shall
				submit for approval, a complete and comprehensive Voluntary Property Assessment
				Plan for the site,
(b) If a
				property assessment has already been performed, a complete and representative
				Voluntary Property Assessment Report shall be submitted to the Department for
				review in accordance with
				335-15-4-.03(8)(b).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-4 - TECHNICAL INFORMATION › Section 335-15-4-.05 - Cleanup Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Cleanup levels
.
(a)
				The participant, with the concurrence of the Department, shall consider impacts
				to human health and the environment. In establishing cleanup standards, cleanup
				levels 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 based upon the results of a site-specific risk assessment.
(b) The Department may set cleanup levels
				that reflect current and future use scenarios for the property as follows:
1. A site shall be deemed to have met the
				requirements for unrestricted use if the cleanup levels are derived in a manner
				consistent with Department or Environmental Protection Agency guidelines for
				assessing human and environmental health risks from hazardous
				constituents.
2. For sites that do
				not achieve the unrestricted use classification, restrictions on site use shall
				be applied to achieve cleanup standards. Restrictions shall include, but are
				not limited to, land use controls. The restrictions imposed upon a site shall
				be media-specific and may vary according to site-specific conditions.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-4 - TECHNICAL INFORMATION › Section 335-15-4-.06 - Certificate Of Compliance-Letter Of Concurrence

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Certification of
				Compliance
. When all requirements of an approved cleanup plan have
				been completed, the applicant shall submit to the Department a Certification of
				Compliance. A Certification of Compliance may also be submitted when an
				assessment based on an approved Voluntary Property Assessment Plan has been
				completed and no contamination discovered. The Department shall review all
				reports and the required Certification of Compliance submitted under
				335-15-4-.06. The applicant or
				eligible successor must satisfactorily maintain the engineering controls,
				remediation systems, or if non-permanent institutional controls are utilized
				pursuant to an agreement, the Department may issue the applicant a "Letter of
				Concurrence" with conditions. The Department may authorize an applicant to
				conduct a phased response only when, in the Department's evaluation, the
				schedule is reasonable.
(2) "
Letter of Concurrence
". Upon concurrence by the
				Department, the Department shall issue to the applicant "Letter of
				Concurrence".
(3) "
Letter of Concurrence with Conditions"
. For partial
				response actions, a "Letter of Concurrence" with conditions shall pertain only
				to the partial response action area and shall include a legal description of
				that area.
(4)
Deed
				Records
. The applicant shall comply with the requirements of
				335-5.
(5)
Revocation
. The "Letter of Concurrence" may be revoked
				by the Department in the event that contamination posing an unacceptable risk
				to human health and the environment is discovered on site, or discovery is made
				that the submitted certification of compliance was based on information that
				was materially false, inaccurate or misleading.
(a) The applicant shall be notified in
				writing by certified mail of the proposed revocation.
(b) The applicant shall be given an
				opportunity to respond within 30 days upon receipt of the letter.
(c) Unacceptable response to the revocation
				letter will result in the reinstatement of any cleared deed notation and/or
				deed restriction until such time as the property is deemed to be in
				compliance.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-5 - FINANCIAL ASSURANCE › Section 335-15-5-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To establish minimum standards for the demonstration of
				  financial assurance adequate to cover the cost of the voluntary cleanup. The
				  financial assurance mechanism used must satisfy the following criteria:
(a) It must ensure funds sufficient to cover
				the cost of the voluntary cleanup;
(b) It must provide for availability of funds
				when needed;
(c) It must be
				obtained by the applicant prior to the approval of cleanup activities and
				maintained throughout the life of those activities, and
(d) It must be legally valid, binding, and
				enforceable under Alabama and Federal law.
Authors:
Fred A. Barnes; Keith N. West; Lawrence
				  A. Norris; Stephen A. Cobb
Statutory Authority:
Code of Ala.
					 1975
, §
											22-30E-9.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-6 - PUBLIC PARTICIPATION › Section 335-15-6-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To provide a
				mechanism that allows for public participation in the Voluntary Cleanup Program
				in accordance with
				335-15-4-.04(4)(c).
				The public notice informs the general public concerning matters of actual or
				perceived contamination and the proposed or implemented remediation of
				previously contaminated sites.
(2)
				To compile a Voluntary Inventory of existing sites undergoing voluntary
				cleanups and to provide a mechanism for the addition and removal of properties
				to the Voluntary Cleanup Inventory, including the procedures for inclusion in
				the deed records of the applicable probate court.
Authors:
Fred A. Barnes; Keith N. West;
					 Lawrence A. Norris; Stephen A. Cobb' Vernon H. Crockett; Sonja B. Favors;
					 Crystal L. Collins; Lynn T. Roper; M. Gavin Adams; Austin R. Pierce; Pamela L.
					 Monaghan
Statutory Authority:
Code of Ala.
					 1975
, §
											22-30E-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-6 - PUBLIC PARTICIPATION › Section 335-15-6-.02 - Financial Assurance

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Public notification of cleanup
. Once a Voluntary
				Cleanup Plan is determined to be complete, the Department will notify the
				public of the opportunity to submit written comments on the plan through the
				Department's website and request modifications to the plan no later than 30
				days from the date of the notice. It will also, in response to a legitimate
				request or at its own discretion, hold a public hearing whenever such a hearing
				might clarify one or more issues concerning a Voluntary Cleanup Plan. The
				Department will give public notice of the hearing at least 30 days before it
				occurs.
(2)
Public
				notice procedures
. Public notice of activities described in
				335-15-6-.02(3)
				shall be given by the following methods:
(a)
				By mailing a copy of a notice to the following persons (any person otherwise
				entitled to receive notice under
				335-15-6-.02(2)(a)
				may waive his right to receive notice):
1.
				The applicant;
2. Persons who
				request in writing to be placed on a mailing list developed for the program:
(i) Including those who request in writing to
				be on the list;
(ii) Soliciting
				persons for area lists from participants in past voluntary cleanup proceedings
				in that area; and
(iii) Notifying
				the public of the opportunity to be put on the mailing list through the
				Department's website. The Department may update the mailing list from time to
				time by requesting written indication of continued interest from those listed.
				The Department may delete from the list the name of any person who fails to
				respond to such a request; and
3. Governmental Agencies:
(i) To any unit of local government having
				jurisdiction over the area where the voluntary cleanup facility is located;
				and
(ii) To each State agency
				having any authority under State law with respect to the construction or
				operation of such facility.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-6 - PUBLIC PARTICIPATION › Section 335-15-6-.03 - Cleanup Inventory List

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Voluntary Cleanup Properties Inventory
. Pursuant to
Code of Ala. 1975
, §§
									22-30E-4(b)(2)
				and 22-30E-4(b)(3),
				the Department shall compile and update as necessary an inventory of all
				qualifying properties for which a Voluntary Properties Assessment Plan and/or
				Report or a Voluntary Cleanup and/or Report has been approved by the
				Department. No later than July 1st of each year, the
				Department shall send a copy of the inventory with the properties listed by
				county to the clerk of each probate court of the state. The inventory shall be
				called the Voluntary Cleanup Properties Inventory. The inventory shall include
				all the following information:
(a) The name
				of the property or another description identifying the property.
(b) The location of the property.
(c) The name of the owner of the property at
				the time of the property's inclusion in the inventory.
(d) A general description of the Voluntary
				Property Assessment Plan and/or Report or Voluntary Cleanup Plan and/or
				Report.
(e) A property cleaned up
				to standards less stringent than those required for unrestricted residential
				use, require a description of the applicable values used and any use
				restrictions which are imposed.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter is promulgated for the following
				  purposes:
(a) To implement the
				purposes and objectives of the Federal Comprehensive Environmental Response,
				Compensation, and Liability Act, and the Alabama Land Recycling Authority
				Act;
(b) To establish procedures
				for the distribution of funds appropriated pursuant to the Federal
				Comprehensive Environmental Response, Compensation, and Liability Act, and any
				other monies appropriated to the Alabama Land Recycling Revolving Loan Fund,
				for the purpose of providing financial assistance to public bodies through the
				issuance of Fund loans to defray the costs of remediation of contaminated
				property in rural and urban areas of the state;
(c) To protect the public and the State by
				ensuring that appropriated fund monies are spent in a proper manner and for the
				intended purposes;
(d) To assure
				the distribution and use of Fund monies are consistent with the laws and
				policies of the State and Federal Government;
(e) To ensure proper administration of Fund
				monies;
(f) To establish accounting
				procedures for the administration of Fund monies; and
(g) To establish Fund loan repayment
				requirements.
Authors:
Aubrey H. White, Lawrence A.
				  Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter shall constitute the rules of the Alabama
				  Department of Environmental Management governing the disposition of
				  appropriations pursuant to the Federal Comprehensive Environmental Response,
				  Compensation, and Liability Act and the Alabama Land Recycling Authority Act or
				  other monies appropriated to Alabama's Land Recycling Revolving Loan Fund
				  (ALRRLF).
Authors:
Aubrey H. White, Lawrence A. Norris,
					 Vernon H. Crockett, Sonja B. Favors, Anna M. Ennis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.04 - Alabama Land Recycling Revolving Loan Fund

Current through Register Vol. 42, No. 9, June 28, 2024
Proceeds of bond sales, Federal and State appropriations,
				  payments of loan principal and interest, and interest earned on the fund shall
				  be handled in the following manner:
(a) To make loans;
(b) To guarantee or subsidize loans via
				linked deposit or other appropriate means;
(c) As a source of revenue or security for
				the payment of principal and interest on revenue bonds issued by the Authority
				if the net proceeds of the sale of such bonds will be deposited in the
				Fund;
(d) Any Federal or State
				funds, which may be made available to the State for loans to any public body
				for the assessment and cleanup, of an eligible property, under the Act, may be
				deposited only to the Alabama Land Recycling Revolving Loan Fund.
(e) The monies in the Fund are specifically
				dedicated and for the purposes identified in Rule
				335-15-7-.03; however, no monies
				shall be expended from the Fund for those purposes without the specific
				deposits thereof by the Authority.
(f) Payments of principal, interest and
				penalties on loans awarded from the Fund shall be made to the Fund pursuant to
				the Act.
(g) All interest earned
				shall be credited to the Alabama Land Recycling Revolving Loan Fund pursuant to
				the Act.
(h) Nothing in 335-15
				shall establish liability or responsibility on the part of the Department, the
				Authority or the State of Alabama to make loans from a source other than the
				Fund.
(i) The Department, the
				Authority or the State of Alabama shall have no liability or responsibility if
				the applicant defaults in payment for remedial actions or services undertaken
				to remediate the site.
Authors:
Aubrey H. White, Lawrence A. Norris,
				  James L. Bryant
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.05 - Terms Of The Loan

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Fund may offer loans for up to 100 percent of allowable project costs and may
				offer a range of options regarding the term, interest rate and level of loan
				funding. Such loans must be made at or below market interest rates as
				determined by the Authority.
(2)
				The total term of the loans shall not exceed 10 years. Repayments shall begin
				no later than one year after completion of remediation, or three years from the
				date of loan award, whichever comes first, and shall be repaid in full in no
				later than 10 years later. Thereafter, loan repayments shall be made in
				accordance with the repayment schedule indicated in the borrower's Fund loan
				agreement. Principal and accrued interest with respect to a particular Fund
				loan may, however, be prepaid in accordance with the provisions of the relevant
				Fund loan agreement. Interest shall accrue from the date of delivery of the
				Authority's bonds in a leveraged loan program. In a direct loan program,
				interest accrues from the date of the execution of the loan
				agreement.
(3) Loans shall be made
				only to local governmental units that:
(a)
				Are on the State project priority list;
(b) Demonstrate tangible financial capacity
				to assure sufficient revenues to repay the loan;
(c) Provide security for repayment of the
				loan as required by the Authority;
(d) Agree to maintain records in accordance
				with governmental accounting standards and to conduct an annual audit of the
				facility's financial records;
(e)
				Provide such assurances as reasonably required by the Authority and the
				Department;
(f) Are not currently,
				or have been, subject to any penalties resulting from environmental
				non-compliance at the site subject to the loan;
(g) Are not currently, or have been, a
				generator or transporter of contamination at the site subject to the loan;
				and,
(h) Are exempt from liability
				under CERCLA for the site subject to the loan.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.06 - Criteria For Project Loan Priority

Current through Register Vol. 42, No. 9, June 28, 2024
Each year the Department shall develop a project priority
				  list for the forthcoming Federal fiscal year. The priority system evaluates
				  projects individually for their anticipated environmental and economic impacts.
				  Annually, the project priority list shall be the subject of a public notice,
				  including a public comment period. A public body desiring to be placed on the
				  list shall make a request for placement by June 1 of each year, or as otherwise
				  established by the Department. The requests will be ranked in accordance with
				  the priority system and placed on the list. The following shall be submitted by
				  the authorized representative of the public body when requesting placement on
				  the list:
(a) Brief description of the
				project indicating need;
(b) Brief
				description of existing site conditions;
(c) Estimated costs associated with the
				project; and
(d) Projected public
				and economic value after remediation.
Authors:
Aubrey H. White, Lawrence A.
				  Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.07 - Pre-application Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Public
				bodies are urged to be familiar with the requirements of this Chapter and to
				contact the Department early in the planning process so projects are in a
				position to proceed.
(2) Each
				pre-application for a Fund loan shall be submitted to the Department, typically
				on a quarterly basis. The preapplication shall include full and complete
				documentation that a loan applicant is required to furnish.
(3) The Department may require a
				preapplication conference with potential loan applicants prior to submission of
				a formal application for a Fund loan.
Authors:
Aubrey H. White, Lawrence A. Norris,
					 Vernon H. Crockett, Sonja B. Favors, Anna M. Ennis
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.09 - Information Disclosure

Current through Register Vol. 42, No. 9, June 28, 2024
All loan applications and other submissions, when received by
				  the Department, constitute public records. The Department shall make them
				  available to persons who request their release to the extent required by
				  Alabama and/or Federal law.
Authors:
Aubrey H. White, Lawrence A.
				  Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.10 - Application Evaluation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall notify the loan applicant that it has received the application
				and is evaluating it pursuant to this section. Each application shall be
				subject to:
(a) Preliminary administrative
				review to determine the completeness of the application. The loan applicant
				will be notified of the completeness or deficiency of the
				application;
(b) Programmatic,
				technical, and scientific evaluations to determine the relevance of the project
				to the objectives of the Act;
(c)
				Budget evaluation to determine if proposed project costs are reasonable,
				applicable, and allowable; and
(d)
				Financial Capability.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.11 - Supplemental Information

Current through Register Vol. 42, No. 9, June 28, 2024
At any stage during the evaluation process, the Department
				  may require supplemental documents or information necessary to complete the
				  review. The Department may suspend its evaluation until such additional
				  information or documents have been received.
Authors:
Aubrey H. White, Lawrence A.
				  Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-7 - ALABAMA LAND RECYCLING REVOLVING LOAN FUND › Section 335-15-7-.12 - Fund Loan Agreement

Current through Register Vol. 42, No. 9, June 28, 2024
The Authority shall prepare and transmit the Fund loan
				  agreement to the loan applicant.
(a)
				The loan applicant shall execute the Fund loan agreement and return it within
				30 calendar days of receipt. The Authority may, at its discretion, extend the
				time for execution. The Fund loan agreement shall be signed by a person
				authorized by resolution to obligate the loan applicant to the terms and
				conditions of the Fund loan agreement being executed. The authorizing
				resolution shall accompany the executed Fund loan agreement.
(b) The Fund loan agreement shall set forth
				the terms and conditions of the Fund loan, approved project scope, budget,
				approved project costs, and the approved commencement and completion dates for
				the project and major phases thereof.
(c) The Fund loan agreement shall be deemed
				to incorporate all requirements, provisions, and information in documents or
				papers submitted to the Department in the application process.
(d) The Fund loan agreement shall not be
				executed by the Authority if the loan applicant is in current default on any
				State or Federal loan.
(e) Upon
				completion of the internal processing of the Fund loan agreement, a copy of the
				executed Fund loan agreement shall be transmitted to the recipient.
(f) The Authority shall establish remedies
				for default in the loan agreement.
Authors:
Aubrey H. White, Lawrence A.
				  Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30F-2,
					 22-30F-4.