reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.40 - Access To Records

Current through Register Vol. 42, No. 9, June 28, 2024
Any owner or operator of an underground storage tank shall
				  upon request of a duly authorized representative of the Department, permit the
				  representative, at all reasonable times, access to all records concerning the
				  storage of regulated substances and permit the representative to copy said
				  records.
Author:
Sonja Massey
Was previously Rule
					 335-6-15-.43, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.41 - Entry And Inspection Of Facilities

Current through Register Vol. 42, No. 9, June 28, 2024
Any owner or operator of an underground storage tank shall
				  upon request of a duly authorized representative of the Department, permit the
				  representative to enter, at all reasonable times, property and buildings where
				  an underground storage tank is located and allow the representative to inspect
				  facilities and equipment and to conduct monitoring and sampling.
Author:
Sonja Massey
Was previously Rule
					 335-6-15-.44, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.42 - Underground Storage Tank Regulation Fee

Current through Register Vol. 42, No. 9, June 28, 2024
Any owner of an underground storage tank shall pay a yearly
				  Underground Storage Tank Regulation Fee of $36.00 per regulated underground
				  storage tank per year. Payment of the fee shall be due within 30 days of
				  notification to the owner by the Department of the amount of such
				  fee.
Was previously Rule
					 335-6-15-.45, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Author:
Sonja Massey, Curt Johnson, Lee Davis,
					 Vernon H. Crockett
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-5, §
											41-1-11.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.43 - Financial Responsibility For Petroleum UST Owners And Operators

Current through Register Vol. 42, No. 9, June 28, 2024
40 CFR
				  Part 280 §§
										280.90 through
				  280.115 is hereby adopted by
				  reference. This rule sets forth the amounts of financial responsibility
				  required of petroleum UST owners and operators and the mechanisms allowed for
				  satisfying these requirements. Copies of this rule are available from
				  ADEM.
Charges for reproduction apply.
Was previously Rule
					 335-6-15-.46, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.44 - Financial Responsibility For Hazardous Substance UST Owners And Operators

Current through Register Vol. 42, No. 9, June 28, 2024
(Reserved)
Author:
Sonja Massey
Was previously Rule
					 335-6-15-.47, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2,
					 2003.
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.45 - Delivery Prohibition

Current through Register Vol. 42, No. 9, June 28, 2024
The Department will implement Delivery Prohibition in
				  accordance with the following procedures:
(a) Prior to placing an underground storage
				tank facility under delivery prohibition, the Department will:
1. Make a reasonable effort to notify the
				owner and/or operator in writing that an underground storage tank facility is
				in "significant noncompliance requiring delivery prohibition" as defined in
				rule 335-6-15-.02 (uuu), or
				"significant noncompliance subject to delivery prohibition" as defined in rule
				335-6-15-.02(vvv).
2. Give the owner or operator the opportunity
				to discuss, within a designated time period specified by the Department, the
				significant noncompliance.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.46 - Operator Training

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Owners
				and operators of underground storage tank systems shall designate a Class A,
				Class B, and Class C operator as defined in rule
				335-6-15-.02(yy)
				through (aaa). All persons designated as a Class A, B, or C operator shall be
				trained in accordance with paragraphs (3), (4) and (5) of this rule. Different
				persons may be designated for each classification or a person may be designated
				to more than one classification. A person who is designated to more than one
				operator classification shall be trained in each classification for which the
				person is designated. Training programs that qualify a participant in more than
				one operator classification are allowed.
(2) Owners and operators shall identify, for
				each underground storage tank system or group of underground storage tank
				systems at a facility, at least one person for each class of operator. Class A
				and Class B operator training records shall be maintained either at the
				underground storage tank facility or at an alternative site for all current
				operators. Documentation of training shall be provided to the Department upon
				request. Class C operator training records shall be maintained at the
				underground storage tank facility for all current operators, so that they are
				immediately available upon inspection by the Department.
(3) Operator training shall satisfy the
				following minimum requirements for each operator classification.
(a) Class A operator training shall provide a
				general knowledge of underground storage tank system requirements so the
				operator can make informed decisions regarding compliance and ensure
				responsible persons are fulfilling operation, maintenance, and recordkeeping
				requirements and standards in accordance with this chapter regarding
				underground storage tank:
1. Spill
				prevention;
2. Overfill
				prevention;
3. Release
				detection;
4. Corrosion
				protection;
5. Emergency
				response;
6. Product
				compatibility;
7. Documentation of
				financial responsibility;
8.
				Notification and registration;
9.
				Release and suspected release reporting;
10. Temporary and permanent closure;
				and
11. Operator
				training.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.48 - UST Systems With Field-Constructed Tanks And UST Systems With Airport Hydrant Fuel Distribution Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in paragraph (2) of
				this rule, owners and operators of UST systems with field-constructed tanks and
				UST systems with airport hydrant fuel distribution systems must comply with the
				requirements of this chapter.
(a) For UST
				systems with field-constructed tanks and UST systems with airport hydrant fuel
				distribution systems installed before December 8, 2017, the requirements are
				effective according to the following schedule:
Requirement
Effective Date
Notification (rule
								335-6-15-.05)
December 8, 2018
Upgrading (rule
								335-6-15-.07 and this
								rule)
October 13, 2018
General Operating Requirements (rules
								335-6-15-.09 through
								335-6-15-.13 and this
								rule)
October 13, 2018
Release Detection (rules
								335-6-15-.14 through
								335-6-15-.19 and this
								rule)
October 13, 2018
Release Reporting, Response, and Investigation
								(rules 335-6-15-.20 through
								335-6-15-.32)
December 8, 2017
Closure (rules
								335-6-15-.34 through
								335-6-15-.37)
December 8, 2017
Financial Responsibility (rules
								335-6-15-.43 through
								335-6-15-.44 and this
								rule)
October 13, 2018
Operator Training (rule
								335-6-15-.46)
October 13, 2018
(b)
				For UST systems with field-constructed tanks and UST systems with airport
				hydrant fuel distribution systems installed on or after December 8, 2017, all
				the requirements of this chapter apply at installation.
(c) In addition to codes of practice
				developed by nationally recognized associations or independent testing
				laboratories allowed in rule
				335-6-15-.06, owners and
				operators of UST systems with field-constructed tanks and UST systems with
				airport hydrant fuel distribution systems may also use military construction
				criteria when designing, constructing, and installing UST systems with
				field-constructed tanks and UST systems with airport hydrant fuel distribution
				systems.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-15 - TECHNICAL STANDARDS, CORRECTIVE ACTION REQUIREMENTS AND FINANCIAL RESPONSIBILITY FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS › Section 335-6-15-.49 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any paragraph, subparagraph, provision, clause or portion
				  of this chapter is adjudged unconstitutional or invalid by a court of competent
				  jurisdiction, the remainder of this chapter shall not be affected
				  thereby.
Was previously Rule
					 335-6-15-.48, rule renumbered as
					 pre certification filed August 28, 2003; effective October 2, 2003. Was
					 previously Rule
					 335-6-15-.45, rule renumbered as
					 per certification filed March 21, 2008. Rule .46 was renumbered to .47 as per
					 certification filed October 20, 2009; effective November 24, 2009. Rule .47 was
					 renumbered to .48 as per certification filed December 12, 2011; effective
					 January 16, 2012. Rule .48 was renumbered to .49 as per certification filed
					 October 24, 2017; effective December 8,
					 2017.
Authors:
Sonja Massey, Curt Johnson, Lee
					 Davis
Statutory Authority:
Code of Ala.
					 1975
, §
											22-36-3.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter is promulgated to establish administrative
				  guidelines and procedures to determine the manner in which disbursements are
				  made from the Alabama Underground and Aboveground Storage Tank (Tank Trust
				  Fund) and to implement the purposes and objectives of the Alabama Underground
				  Storage Tank Trust Fund Act of 1988 and the Alabama Underground and Aboveground
				  Storage Tank Trust Fund Acts of 1993. (Act No. 93-628 1993 Regular Session and
				  Act No. 93-891 1993 Special Session).
Authors:
Sonja Massey, Gregory Stephens, James
				  Stevens
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-35-1
et
					 seq
.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
(a) "Aboveground storage
				tank" or "AST" means any one or combination of stationary tanks affixed
				permanently to the ground or other support structure (including pipes connected
				thereto) used to contain an accumulation of motor fuels, the volume of which
				(including pipes connected thereto) is greater than 90 percent above the
				surface of the ground. The terms underground and aboveground storage tank do
				not include any of the following:
1. Farm or
				residential tank of 1,100 gallons or less capacity used for storing "motor
				fuel" for noncommercial purposes;
2. Tank used for storing heating oil for
				consumptive use on the premises where stored;
3. Septic tank;
4. Pipeline facility (including gathering
				lines) regulated under:
(i) The Natural Gas
				Pipeline Safety Act of 1968 (49 U.S.C. App. 1671, et seq.), or
(ii) The Hazardous Liquid Pipeline Safety Act
				of 1979 (4 9 U.S.C. App. 2 001, et seq.), or
(iii) State laws comparable to the provisions
				of law in subparagraph (i) or (ii) above:
5. Surface impoundment, pit, pond, or
				lagoon;
6. Storm-water or
				wastewater collection system;
7.
				Flow-through process tank.
8.
				Liquid trap or associated gathering lines directly related to oil or gas
				production and gathering operations; or
9. Storage tanks situated in an underground
				area (such as a basement cellar, mine working, drift, shaft, or tunnel) if the
				storage tank is situated upon or above the surface of the floor.
10. Other underground storage tanks exempted
				by the administrator of the federal Environmental Protection Agency;
				and
11. Piping connected to any of
				the above exemptions.
12. Pipeline
				terminals, refinery terminals, rail and barge terminals and tanks associated
				with each.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.03 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				requirements of this chapter apply to all owners and operators of an UST or AST
				system as defined in
				335-6-16-.02 except as otherwise
				provided for in paragraph
				335-6-16-.03(3)
				of this Rule.
(2) References in
				this Chapter to response action and closure requirements of ADEM Admin. Code R.
				335-6-15-.20 through
				335-6-15-.37 shall also be
				applicable to response actions taken for releases from aboveground storage
				tanks. Where, due to differences between aboveground and underground storage
				tank systems, an owner and/or operator cannot comply with the provisions of
				Chapter 15, Rule
				335-6-15-.20 through .37, the
				Department may waive those provisions of this Chapter which are not applicable
				to aboveground storage tank systems.
(3) The following UST or AST systems are
				excluded from the requirements of this Chapter:
(a) State and federal government entities
				whose debts and liabilities are debts and liabilities of a state or the United
				States are exempt from the requirements of this chapter.
(b) Any UST or AST system holding hazardous
				waste listed or identified under Division 14 of the ADEM Administrative Code,
				or a mixture of such hazardous wastes and motor fuels.
(c) Any wastewater treatment tank system that
				is part of a wastewater treatment facility regulated under Chapter 335-6-5 or
				335-6-6 of the ADEM Administrative Code.
(d) Equipment or machinery that contains
				motor fuels for operational purposes such as hydraulic lift tanks and
				electrical equipment tanks.
(e) Any
				UST system whose capacity is 110 gallons or less.
(f) Any emergency spill or overflow
				containment UST or AST system that is expeditiously emptied after
				use.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.04 - Tank Trust Fund Eligibility Requirements For Underground Storage Tanks

Current through Register Vol. 42, No. 9, June 28, 2024
Every owner or operator of an UST is required to establish
				  and maintain Trust Fund eligibility in accordance with the following
				  requirements:
(a) Registration of
				tank(s) with the Department.
(b)
				Annual payment of Tank Trust Fund and Underground Storage Tank Regulatory Fees
				for each UST until such time as permanent closure requirements of Chapter
				335-6-15 of the ADEM Administrative Code are satisfied, if any.
(c) The owner or operator remains in
				substantial compliance for each UST.
(d) Every owner or operator of an UST is
				required to maintain financial responsibility in the amount of $5000 per
				occurrence ($25,000 aggregate) or another amount if required by the Commission,
				by any one or combination of the following: insurance, guarantee, surety bond,
				letter of credit or qualification as a self-insurer by demonstration of a
				tangible net worth in the amount of $25,000.
(e) The owner or operator shall maintain the
				following records and submit or make them available to the Department upon
				request.
1. Evidence of current financial
				responsibility for $5,000 per occurrence ($25,000 aggregate) or other amount as
				may be required by the Commission; or
2. Evidence of current ability to self-insure
				by demonstrating net worth of $25,000; and
3. Any other records as may be required by
				the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.05 - Tank Trust Fund Eligibility Requirements For Aboveground Storage Tanks

Current through Register Vol. 42, No. 9, June 28, 2024
Every owner or operator of an AST is required to establish
				  and maintain Trust Fund eligibility in accordance with the following
				  requirements:
(a) Registration of the
				tanks with the Department.
(b) The
				owner or operator remains in substantial compliance for each AST.
(c) The owner or operator must comply with
				ADEM Admin. Code R.
				335-6-6-.03 and
				335-6-6-.12(r)
				and Code of Federal Regulations (CFR) Title 40 Part 112 ( 40 CFR
				112).
(d) Every owner or operator
				of an AST is required to maintain financial responsibility in the amount of
				$10,000 per occurrence or another amount if required by the Commission, by any
				one or combination of the following: insurance, guarantee, surety bond, letter
				of credit or qualification as a self-insurer by demonstration of a tangible net
				worth in the amount of $25,000.
(e)
				The owner or operator shall maintain the following records and submit or make
				them available to the Department upon request.
1. Evidence of current financial
				responsibility for $10,000 per occurrence or other amount as may be required by
				the Commission; or
2. Evidence of
				current ability to self-insure by demonstrating net worth of $25,000;
				and
3. Any other records as may be
				required by the Department.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.06 - Loss and Restoration of Tank Trust Fund Eligibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If at the time
				of discovery of a release, the Department determines that an owner or operator
				has failed to establish Tank Trust Fund eligibility in accordance with Rule
				335-6-16-.04 or .05, response
				action costs and third party claims associated with that release are not
				eligible for coverage by the Tank Trust Fund.
(2) If at any time after the determination of
				eligibility for Tank Trust Fund coverage, the Department determines that an
				owner or operator has failed to maintain Tank Trust Fund eligibility, the
				Department will provide notice to the owner or operator of such failure to
				maintain eligibility. The owner or operator shall have thirty (30) days from
				receipt of such notice, or such other time period as the Department may allow,
				to provide evidence of compliance with all Tank Trust Fund eligibility
				requirements. If, after completion of this time period, the owner or operator
				fails to resolve the non-compliance, the Department shall issue a notice of
				Tank Trust Fund ineligibility and enforcement actions including penalty
				assessment may be initiated.
Authors:
Sonja Massey, James Stevens, Gregory
					 Stephens, James Thrash
Statutory Authority:
Code of Ala.
					 1975
, §
											22-35-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.07 - Trust Fund Fee And Charge

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				In order to participate in the liability limitations and reimbursement benefits
				of the Tank Trust Fund, an UST and/or AST owner or operator shall pay an annual
				Tank Trust Fund Fee, if any. The Commission may set annual fees the total of
				which shall not exceed $150 per regulated tank.
(2) Each year UST and/or AST owners or
				operators will be notified by the Department of the amount of the required Tank
				Trust Fund Fee, if any, which will be due within thirty (30) days of the
				invoice date. For underground storage tanks and/or aboveground storage tanks
				brought into service on or after October 1 of each year the Tank Trust Fund fee
				is due with the registration of the tank(s) with the Department.
(3) To protect the financial integrity of the
				fund, the Commission may make special assessments of Tank Trust Fund Fees.
				However, the total fee, if any, shall not exceed $150 per regulated tank per
				year. Special assessment fees will be due within thirty (30) days of the
				invoice date.
(4) The failure to
				pay Tank Trust Fund Fees, if any, within the time prescribed by the Department
				shall make the owner or operator of an UST and/or AST liable for a late charge
				penalty in an amount not to exceed $100 per tank for each day such payment is
				delinquent and will result in the loss of Trust Fund eligibility. The
				Department, for good cause shown, may abate all or part of said late charge
				penalty.
(5) The Trust Fund Fee is
				set at $0.00 per tank.
(6) The
				Trust Fund Charge if set at $0.01 per gallon.
Author:
Sonja Massey, James Stevens, Gregory
					 Stephens, James Thrash, Vernon H. Crockett.
Statutory Authority:
Code of Ala.
					 1975
, §
											22-35-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.08 - Authorized ADEM Disbursements of Tank Trust Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Whenever in the Department's
				determination a release of motor fuels may pose a threat to the environment or
				the public health, safety or welfare, and the owner or operator of the
				underground or aboveground storage tank has been found to be eligible for Tank
				Trust Fund coverage, the Department shall, subject to the provisions of this
				chapter, assign a release incident number to the release and disburse monies
				available in the fund to provide for:
(a)
				Investigation, assessment and remediation of sites contaminated by a release of
				motor fuels in accordance with the requirements of Chapter 335-6-15 of the ADEM
				Administrative Code which may consist of clean-up of affected soil and waters,
				using cost effective alternatives that are technologically feasible and
				reliable, and that provide adequate protection of the public health, safety and
				welfare and minimize environmental damage, in accordance with corrective action
				requirements of Chapter 335-6-15 of the ADEM Administrative Code.
(b) The interim replacement and permanent
				restoration of potable water supplies.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.09 - Scope Of Tank Trust Fund Coverage

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Tank Trust Fund will provide to
				eligible UST or AST owners or operators coverage for the reasonable cost of
				response actions and for compensation of third parties for bodily injury and
				property damage resulting from accidental releases arising from the operation
				of an UST or AST which stores motor fuels.
(2) The financial responsibility requirements
				for eligible UST owners or operators will be $5,000 for UST owners or operators
				per occurrence and $10,000 per occurrence for AST owners or operators for
				taking response actions and compensation of third parties, unless another
				amount is established by the Commission.
(3) The monies expended from the Tank Trust
				Fund to eligible UST owners or operators for response actions may be disbursed
				only up to such sum as will cause the Resource Conservation and Recovery Act,
				Subtitle I, the Superfund Amendments and Reauthorization Act of 1986, and other
				federal laws governing disbursements of federal funds for clean-up and/or third
				party claims to come into effect.
(4) "Per Occurrence Indemnification Limit."
				The total amount of reimbursement available from the fund as a result of a
				release from underground or aboveground storage tanks shall not exceed under
				any circumstance the per occurrence indemnification limit established under
				this rule, which shall be determined by the commission upon recommendation of
				the Trust Fund Management Board, on an annual basis. In no event shall combined
				claims against the fund for payment of response actions and third-party claims
				exceed the per occurrence indemnification limit.
(a) If the per occurrence indemnification
				limit is increased, such increased limit shall be available for response
				actions costs and/or third party claims as to those existing sites that are
				eligible for trust fund benefits, but such increased limits shall not be
				available to existing sites where the Department, as of the effective date of
				such increase, has issued a No Further Action Letter.
(b) The per occurrence indemnification limit
				is set at two million dollars ($2,000,000) less the applicable
				deductible.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.11 - Requirements for Tank Trust Fund Coverage of Third-Party Claims

Current through Register Vol. 42, No. 9, June 28, 2024
An eligible owner or operator is entitled to Tank Trust Fund
				  coverage for third party claims resulting from the release of motor fuels from
				  an UST or AST, subject to the following provisions:
(a) The Department was notified by the owner
				or operator within thirty (30) days of receipt of notice of the third-party
				liability suit.
(b) The owner or
				operator was in substantial compliance at the time a release occurred and at
				the time the third-party suit is filed.
(c) The third-party liability suit must name
				the Fund, and the owner or operator.
(d) The third party obtains a final judgment
				or a settlement approved by the Attorney General in that action enforceable in
				this state.
(e) The eligible UST
				owner or operator submits proof of payment of the first $5,000 of a final
				judgment or settlement, or in the case of an eligible AST owner or operator the
				first $10,000 of a final judgment or settlement or such other amount as may be
				established by the Commission.
Authors:
Sonja Massey, James Stevens, Gregory
					 Stephens, Dorothy Malaier, James Thrash
Statutory Authority:
Code of Ala.
					 1975
, §
											22-35-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.12 - Tank Trust Fund Obligations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Contingent upon availability of funds the
				Department will make obligations from the Tank Trust Fund when:
(a) A cost proposal for response actions,
				submitted in accordance with Rule
				335-6-16-.10, is approved by the
				Department.
(b) A judgment for a
				third party claim is submitted for payment in accordance with Rule
				335-6-16-.08 and
				335-6-16-.11.
(c) A payment application in accordance with
				Rule 335-6-16-.14, is received for:
1. Response actions work performed from
				August 1, 1993 until June 1, 1994 for an AST, is subject to a determination of
				reasonable costs by the Department.
2. Investigative or corrective actions under
				the terms of Rule
				335-6-16-.10(b).
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.14 - Applications For Payment

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Applications for reimbursement for costs of response actions shall be submitted
				on a form established by the Department which shall include an itemization of
				all charges according to labor hours and rates, analytical charges, equipment
				charges, and other categories which may be identified by the Department, or
				which the applicant may wish to provide. Documentation of charges to include
				actual invoices must be submitted as part of the application, as required by
				the Department.
(2) The application
				shall contain the following statement which shall be signed by the owner,
				operator, or the project manager of the contracting firm responsible for
				performance of response actions where applicable:
I certify to the best of my knowledge and belief: that the
				  costs presented herein represent actual costs incurred in the performance of
				  response actions related to this site during the period of time indicated on
				  this application; and that no charges are presented as part of this application
				  that did not result from the performance of response actions which were
				  necessary due to the release of motor fuels at this site. I have personally
				  examined and am familiar with the information submitted in this payment request
				  and all attachments and that, based on my inquiry of those persons immediately
				  responsible for obtaining the information contained in this payment request, I
				  certify that the information is true, accurate, and complete, and that this
				  payment request does not duplicate any request for payment for any charge
				  previously submitted to the Department.
(3) Reserved.
(4) Applications for payments may be
				submitted following acceptance by the Department of completed response actions.
				Such response actions may include but are not limited to the following:
(a) Completion of site stabilization
				activities which were authorized by the Department.
(b) Completion and submittal of a report for
				a Preliminary Investigation.
(c)
				Implementation of a Free Product Removal System.
(d) Completion and submittal of a report for
				a Secondary Investigation and Development of a Corrective Action
				Plan.
(e) Implementation of a
				Corrective Action Plan.
(f)
				Provision of an alternate water supply.
(g) Completion and submittal of Risk
				Assessment.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.15 - Tank Trust Fund Payment Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where the owner or operator has submitted
				a complete application for payment for response action costs or third party
				claims but has not paid for these activities or claims, payments will be made
				by a check written to the Tank Trust Fund Response Action Contractor who
				provided the response action services or the third party.
(2) Payments from the Tank Trust Fund will be
				made directly to the eligible owner or operator in cases where the owner or
				operator submits documentation verifying the owner or operator has paid for
				response actions.
(3) Where the
				owner or operator has submitted a complete application for payment for response
				action costs conducted in accordance with rule
				335-6-16-.08(3),
				but has not paid for these activities or claims, payment will be made by a
				check written to the Tank Trust Fund Approved Response Action Contractor who
				provided the investigative response action service. The tank testing method
				used must be a method which the Department has determined as meeting the
				release detection requirements of rule
				335-6-15-.17.
(4) Contingent upon availability of funds the
				Department shall process all complete applications for payment within sixty
				(60) days of receipt of application. If certain costs are considered as not
				being reasonable or eligible for reimbursement, the Department may issue a
				check for the amount of the application not in question and provide a fifteen
				(15) day period in which the owner or operator or contractor may present such
				information as is necessary to justify the disallowed costs. Following review
				of such information, the Department may agree to pay the previously disallowed
				costs, or any portion thereof, or may again disallow the costs for
				payment.
(5) To ensure adequate
				funding to protect human health and the environment, funding per occurrence for
				response actions will be obligated before third party claims. Third party
				claims will be paid with any remaining balance in the Fund upon confirmation
				that sufficient funding is available for the payment of response action costs
				as determined by the Department through the development of a total cleanup cost
				projection.
Authors:
Sonja Massey, James Stevens, Gregory
					 Stephens, Dorothy Malaier, James Thrash
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-35-5,
					 22-35-8.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.16 - Approval of Response Action Contractors

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Response action contractors will be
				approved to perform Tank Trust Fund work upon satisfaction of the following:
(a) Response action contractors who wish to
				perform work under the Tank Trust Fund must demonstrate to the satisfaction of
				the Department through the submittal of a technical proposal that they have
				hydrogeological and engineering staff with significant experience in performing
				investigative and corrective actions for soil and groundwater contamination and
				knowledge of technical considerations necessary to perform petroleum
				contamination assessments. The response action contractor must provide services
				(that include, but are not limited to) tank tightness testing, analytical and
				emergency response capabilities. The Department shall establish guidance for
				the preparation of a technical proposal that identifies the information
				required to be submitted with the technical proposal. The Department will
				approve those response action contractors that demonstrate the capabilities and
				expertise, as stated above, to perform Tank Trust Fund response actions.
				Response action contractors must maintain staff, as stated above, to continue
				to perform Tank Trust Fund response actions.
(b) The contractor shall maintain liability
				insurance coverage of the types and in the amounts described in the table below
				and shall provide certification to the Department of such coverage upon meeting
				the requirements of (a) above of this Rule, and yearly thereafter.
Type of
								Policy
Limits of
								Liability
Description
Worker's Compensation
Statutory
All states
Employer's Liability
$500,000
Automobile Liability
$1,000,000 combined single limit (bodily injury and
								property damages)
All owned, non-owned, and hired vehicles
General Liability
$1,000,000 combined single limit General
								Liability
Broad Form Comprehensive General Liability
Umbrella Excess Liability
$3,000,000
This policy is in excess of the underlying General
								Liability, Worker's Compensation, and Automobile Liability policies.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.17 - Insufficient Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Nothing in
				these regulations shall establish or create any liability or responsibility on
				the part of the Department or State of Alabama to pay any clean-up costs or
				third party claims from any source than the Fund created by the Code of Alabama
				Title 22 Chapter 35, nor shall the Department or State of Alabama have any
				liability or responsibility to make any payments for clean-up costs or third
				party claims if the Fund is insufficient to do so. In the event the Fund is
				insufficient to make the payments at the time the claim is filed, such claims
				shall be paid in the order of filing at such time as moneys are paid into the
				Fund.
(2) In the event the Tank
				Trust Fund is insufficient to make full payments for eligible UST or AST owners
				or operators taking investigative or corrective actions or for satisfaction of
				third party judgments, at the time the claim is filed, such claims shall be
				paid in accordance with the provisions described in Rule
				335-6-16-.12(2).
(3) The owner of an UST or AST retains
				responsibility for any liability that cannot be satisfied by the provisions of
				this Chapter.
Authors:
Sonja Massey, James Stevens, Gregory
					 Stephens, Dorothy Malaier, James Thrash
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-35-5,
					 22-35-13.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.18 - Cost Recovery Allowed

Current through Register Vol. 42, No. 9, June 28, 2024
Whenever funds from the Tank Trust Fund have been expended by
				  the Department for taking response action with respect to the release of motor
				  fuels from an underground storage tank or aboveground storage tank, the owner
				  or operator of the underground storage tank or aboveground storage tank shall
				  be liable to the Department for such costs if the owner or operator were not
				  eligible for Tank Trust Fund coverage on the date of discovery of the release
				  of motor fuels which necessitates the response action or such owner or operator
				  fails to maintain substantial compliance thereafter; otherwise, liability is
				  limited to the provisions contained in Rule
				  335-6-16-.09(2).
Authors
: Sonja Massey, Gregory Stephens, James
				  Stevens
Statutory Authority
:
Code of Ala.
				  1975
, §
									22-35-4.
History
: Effective June 1, 1989.
Amended
: Filed March 18, 1994; effective April 22,
				  1994.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.19 - Adjustment of Limit of Owner or Operator's Financial Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may increase the owners or operator's limits
				  of financial responsibility for response actions and third-party damages. Prior
				  to the Commission taking any action to adjust the owner or operator's limit of
				  financial responsibility, the Tank Trust Fund Management Board will provide a
				  recommendation to the Commission regarding such proposed action. The Commission
				  shall take into consideration the recommendation of the Tank Trust Fund
				  Management Board in making the final determination.
Authors:
Sonja Massey, Gregory Stephens,
					 Dorothy Malaier, James Thrash
Statutory Authority:
Code of Ala.
					 1975
, §
											22-35-11.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.20 - Use of Alternate Financial Assurance Mechanisms

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Tank owners or operators seeking approval
				to use alternate financial assurance mechanisms under
				335-6-15-.43 (e.g. private
				insurance) and discontinue participation in the Tank Trust Fund must:
(a) Measure for the presence of a release
				where contamination is most likely to be present at the UST site according to
				procedures acceptable to the Department. In selecting sample types, sample
				locations, and measurement methods, owners and operators must consider the
				nature of the stored substances at the site, the type of backfill, the depth to
				groundwater, seasonal variations, and other factors appropriate for identifying
				the presence of a release. A Response Action Contractor must be utilized to
				perform the site investigation; and
(b) Provide a report of the assessment
				findings to the Department within 60 days of performing the
				investigation.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND › Section 335-6-16-.21 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any paragraph, subparagraph, provision, clause or portion
				  of this Chapter is adjudged unconstitutional or invalid by a court of competent
				  jurisdiction, the remainder of this Chapter shall not be affected
				  thereby.
Rule .20 was renumbered .21 per certification published
					 December 31, 2020; effective February 14,
					 2021.
Authors:
Sonja Massey, James Stevens, Gregory
					 Stephens
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-35-11.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › WATER DIVISION - WATER QUALITY PROGRAM › Chapter 335-6-20 - RECLAIMED WATER REUSE PROGRAM › Section 335-6-20-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The purpose of
				this chapter is to establish the procedures and requirements for the issuance
				and maintenance of pollution source permits for reclaimed water reuse
				facilities, also referred to herein as "Reclaimed Water Reuse
				Permits."
(2)
Reclaimed
				Water Reuse Policy
. Highly treated reclaimed water that meets the
				requirements of this chapter is a valuable water resource and is considered an
				integral part of the utility system. It is the policy of the Department to
				promote, where appropriate, the practice of reuse of municipal reclaimed water
				through the creation and implementation of rules that give permittees various
				opportunities for forms of reuse.
Author:
Nicholas Caraway
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-22-1 to
					 22-22-14; §§
											22-22A-1 to
					 22-22A-16
et
					 seq
., as amended.