reglab/statecodes huggingface dataset:
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-.13 - Effect Of Loan Award

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At the
				time of execution of the Fund loan agreement by the Authority and the
				recipient, the loan shall become effective and shall constitute an obligation
				of the Fund in the amount and for the purposes stated in the Fund loan
				agreement.
(2) The award of the
				Fund loan shall not commit or obligate the Authority to award any continuation
				Fund loan to cover cost overruns of the project. Cost overruns for any project
				or portion thereof shall be the sole responsibility of the recipient.
(3) The award of a Fund loan by the Authority
				shall not be used as a defense by the loan applicant to any action by any
				agency for the loan applicant's failure to obtain all required permits,
				licenses and operating certificates for its respective project.
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-.14 - Loan Conditions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				following requirements, in addition to such statutes, rules, terms and
				conditions which may be applicable to particular loans, are applicable to
				disbursement under a Fund loan agreement:
(a)
				The recipient shall certify that it is maintaining its financial records in
				accordance with generally accepted accounting principles and auditing standards
				for governmental institutions;
(b)
				The recipient shall comply with all requirements of applicable permits issued
				by the Department;
(c) The
				recipient shall comply with all applicable requirements of Federal, State and
				local laws;
(d) The recipient shall
				pay any unallowable project costs;
(e) The Fund loan agreement or any amendment
				thereto may include special conditions necessary to assure accomplishment of
				the project objectives or Department requirements;
(f) Implementation of the project, including
				letting of contracts in connection therewith, shall conform to applicable
				requirements of Federal, State, and local laws, ordinances, rules and
				regulations and contract specifications and requirements;
(g) No Fund loan monies shall be disbursed to
				a public body currently in default on any Fund loan. Nothing in this paragraph
				shall in any way limit any right or duty of the Authority to demand and collect
				at any time the total due under any such defaulted loan;
(h) The Authority may assess penalties to
				late loan repayments as appropriate and as specified in the Fund loan
				agreements;
(i) The recipient shall
				certify that the project, or phase of the project, will be initiated and
				completed in accordance with the time schedule specified in the Fund loan
				agreement;
(j) The recipient must
				submit proof that it, and its contractors and subcontractors, will comply with
				all insurance requirements of the Fund loan agreement and that it shall be able
				to certify that the insurance is in full force and effect and that the premiums
				have been paid.
(k) The Department
				may impose such other conditions as may be necessary and appropriate to
				effectuate the purpose and intent of the Act and to implement the CERCLA and
				other applicable laws of the State.
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-.15 - Administration And Performance Of Loan

Current through Register Vol. 42, No. 9, June 28, 2024
The recipient bears primary responsibility for the
				  administration and success of the project, including any sub-agreements made by
				  the recipient for accomplishing the Fund loan objectives. Fund loan monies must
				  be used in conformance with these rules and the Fund loan agreement shall
				  achieve the Fund loan objectives and ensure that the purposes set forth in the
				  Act and the CERCLA are fully executed.
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-.16 - Project Changes And Loan Modifications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A loan modification encompasses any
				written alteration of the Fund loan terms or conditions, budget or project
				method or other administrative, technical or financial agreements.
(2) There shall be no Fund loan modification
				increasing the funding amount beyond adjustments to cover the low bid cleanup
				costs. Adjustments due to the low bid cleanup costs will be made only after a
				subsequent passage of a legislative appropriations act or if funds exist which
				are unobligated or not already targeted for other projects on the priority
				list.
(3) The recipient shall
				promptly notify the Department in writing (certified mail, return receipt
				requested) of events or proposed changes which may require a loan modification,
				including but not limited to:
(a)
				Rebudgeting;
(b) Changes in
				approved plans for the project;
(c)
				Changes which may affect the approved scope or objectives of the
				project;
(d) Significant, changed
				conditions at the project site;
(e)
				Acceleration or deceleration in the time for performance of the project or any
				major phase thereof; and
(f)
				Changes which may increase or substantially decrease the total cost of a
				project.
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-.17 - Formal Loan Amendments

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Authority may require a formal Fund loan amendment to change principal
				provisions of a Fund loan where project changes substantially alter the cost or
				time of performance of the project or any major phase thereof, or substantially
				alter the objective or scope of the project.
(2) The Authority and recipient may effect a
				formal Fund loan amendment only by a written amendment to the Fund loan
				agreement executed by the Authority and the recipient.
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-.18 - Administrative Loan Changes

Current through Register Vol. 42, No. 9, June 28, 2024
Administrative changes by the Department, such as a change in
				  the office to which a report is to be transmitted by the recipient, or a change
				  in the disbursement schedule for Fund loans, constitute changes to the Fund
				  loan agreement (but not necessarily to the project work) and do not affect the
				  substantive rights of the Department or the recipient. The Department may issue
				  such changes unilaterally. Such changes shall be in writing and generally be
				  effected by a letter (certified mail, return receipt requested) to the
				  recipient.
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-.19 - Other Changes

Current through Register Vol. 42, No. 9, June 28, 2024
All other project changes, which do not require a formal Fund
				  loan amendment as stated in Rule
				  335-15-7-.20, shall be undertaken
				  only upon written approval of the Director.
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-.20 - Access

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The recipient,
				its contractor and subcontractors shall provide Department personnel,
				authorized representative(s) of the Department, or representative(s) of the
				Environmental Protection Agency, access to the facilities, premises and records
				related to the project.
(2) The
				recipient shall submit to the Department such documents and information as
				requested by the Department;
(3)
				The recipient, and all contractors and subcontractors which contract directly
				with the recipient or receive a portion of State monies, are subject to a
				financial audit.
(4) Records shall
				be retained and available to the Department until the final Fund loan repayment
				has been made.
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-.21 - Authority Disbursement

Current through Register Vol. 42, No. 9, June 28, 2024
Disbursement of Fund loan monies shall be made at intervals
				  as work progresses and expenses are incurred, but at no greater frequency than
				  monthly. In no event shall disbursement exceed the allowable costs that have
				  been incurred at that time. No disbursement shall be made until the Department
				  receives satisfactory cost documentation which shall include all forms and
				  information required by the Department and completed in a manner satisfactory
				  to the Department. Should the recipient be receiving Fund loan monies for
				  expenditures incurred prior to the award of the Fund loan, the disbursement
				  schedule shall be as indicated in the Fund loan agreement.
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-.22 - Assignment

Current through Register Vol. 42, No. 9, June 28, 2024
The right of a recipient to receive disbursements from the
				  Authority under a Fund loan may not be assigned, nor may repayments due under a
				  Fund loan be similarly encumbered.
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-.23 - Unused Funds

Current through Register Vol. 42, No. 9, June 28, 2024
Where the total amount of the cleanup costs after bids are
				  taken is less than the initial loan award, the Fund loan agreement shall be
				  adjusted and the difference retained by the Fund to be reallocated to other
				  projects.
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-.24 - Project Initiation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				recipient shall expeditiously initiate and complete the project in accordance
				with the project schedule contained in the Fund loan agreement. Failure to
				promptly initiate and complete a project may result in the imposition of
				sanctions included in this Chapter.
(2) The recipient shall not advertise any
				contract until written notice of concurrence with the proposed agreement has
				been issued by the Department.
(3)
				Once bids for the project are received, the recipient shall not award the
				contract(s) until authorization to award has been given by the
				Department.
(4) The recipient and
				the contractor shall attend a pre-remediation conference with Department
				personnel prior to the issuance of a notice to proceed by the
				recipient.
(5) The recipient shall
				award the contract(s) and issue notice(s) to proceed, where required, for
				completing all "significant" elements of the project no later than 12 months
				after execution of the loan agreement, unless a specific extension has been
				approved by the Department.
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-.25 - Ineligible Fund Uses

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Loan
				funds shall not be used for the following activities:
(a) Cleanup of public or private drinking
				water supplies that have deteriorated through ordinary use.
(b) Monitoring and data collection necessary
				to apply for, or comply with, environmental permits under State or federal
				laws, unless such a permit is required as a component of the cleanup
				action;
(c) Development activities
				that are not removal actions, such as construction of a new facility or
				marketing of property; or,
(d) Job
				training activities.
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-.26 - Allowable Project Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall not provide Fund loan monies for costs of work that it
				determines do not comply with the Act or CERCLA. In general, allowable costs
				may include, but may not be limited to, the following:
(a) Costs for construction or remediation
				contracts;
(b) Professional and
				consultant services;
(c) Project
				feasibility and engineering reports;
(d) Costs of complying with the National
				Environmental Policy Act, including costs of public notices and
				hearings;
(e) Fences, warning
				signs, or other security or site control precautions;
(f) Drainage controls necessary to reduce
				migration of hazardous substances or pollutants or contaminants off-site or to
				prevent entry of precipitation or runoff from other sources into the release
				area(s);
(g) Stabilization of
				berms, dikes, or impoundments for drainage, or draining or closing of lagoons
				where needed to maintain the integrity of the structures;
(h) Capping of contaminated soils or sludges
				where needed to reduce migration of hazardous substances, pollutants, or
				contaminants into soil, ground or surface water, or air;
(i) Using chemicals and other materials to
				retard the spread of the release or to mitigate its effects;
(j) Excavation, consolidation, or removal of
				highly contaminated soils from drainage or other areas, where such actions will
				reduce the spread of, or direct contact with, the contamination;
(k) Removal of drums, barrels, tanks, or
				other bulk containers that contain or may contain hazardous substances,
				pollutants, or contaminants, where removal will reduce the likelihood of
				spillage, leakage, exposure to humans, animals or food chain
				exposure;
(l) Project
				identification signs;
(m) Costs of
				complying with procurement requirements; and,
(n) Reasonable costs of public participation
				incurred by the loan applicant which are identified in a public participation
				work plan, or which are otherwise approved by the Department, shall be
				allowable.
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-.27 - Pre-award Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
				Department shall not award loan assistance for costs incurred prior to the
				award of the Fund loan for the project.
(2) If the Department approves preliminary
				cleanup activities prior to loan closing, such approval is not an actual or
				implied commitment of Fund loan monies and the public body proceeds at its own
				financial risk. The public body shall receive cost reimbursement of approved
				activities only upon execution of a binding loan agreement.
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-.28 - Project Closeout

Current through Register Vol. 42, No. 9, June 28, 2024
As directed by the Department, the Fund loan recipient shall
				  supply a complete project closeout report. . Projects must be complete within
				  the timeframe specified in the approved cleanup plan, unless an extension is
				  granted by the Department.
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-.29 - Fraud And Other Unlawful Or Corrupt Practices

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The recipient shall administer Fund
				loans, acquire property pursuant to the award documents, and award contracts
				and subcontracts pursuant to those loans free from bribery, graft, and other
				corrupt practices. The recipient bears the primary responsibility for the
				prevention, detection and cooperation in the prosecution of any such conduct.
				The State shall also have the right to pursue administrative or other legally
				available remedies.
(2) The
				recipient shall pursue available judicial and administrative remedies and take
				appropriate remedial action with respect to any allegations or evidence of such
				illegality or corrupt practices. The recipient shall immediately notify the
				Director when such allegation or evidence comes to its attention, and shall
				periodically advise the Director of the status and ultimate disposition of any
				related matter.
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-.30 - Debarment

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No recipient
				shall enter into an agreement with any contractor that is debarred, suspended
				or disqualified.
(2) The recipient,
				prior to acceptance of Fund loan monies, shall certify that no contractor or
				subcontractor is included on the list of debarred, suspended and disqualified
				bidders as a result of action by a Federal agency. If Fund loan monies are used
				for disbursement to a debarred firm, the Authority reserves the right to
				immediately terminate the Fund loan and/or take such other action as is
				appropriate.
(3) Whenever a bidder
				is debarred, suspended, or disqualified, the recipient may take into account
				the loss of Fund loan monies under these regulations which result from awarding
				a contract to such bidder, in determining whether such bidder is the lowest
				responsive and responsible bidder pursuant to laws, and the recipient may
				advise prospective bidders that these procedures shall be followed.
(4) Any person included on the Federal list
				as a result of action by a Federal agency, who is or may become a bidder on any
				contract which is or shall be funded by a Fund loan under this section, may
				present information to the Department why this section shall not apply to such
				person. If the Department determines that it is essential to the public
				interest, the Department may grant an exception from the application of this
				section with respect to a particular contract.
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-.31 - Noncompliance

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to any other remedies as may be provided by law
				  or in the Fund loan agreement, in the event of noncompliance with any loan
				  condition, requirement of this Chapter, or contract requirement or
				  modification, the Authority may take any of the following actions or
				  combinations thereof:
(a) Issue a
				notice of noncompliance pursuant to Rule
				335-15-7-.32;
(b) Withhold Fund loan monies pursuant to
				Rule 335-15-7-.33;
(c) Terminate the Fund loan pursuant to Rule
				335-15-7-.34.
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-.32 - Notice Of Noncompliance

Current through Register Vol. 42, No. 9, June 28, 2024
Where the Department determines that the recipient is in
				  noncompliance with any condition or requirement of these rules or requirements,
				  it shall notify the recipient of the noncompliance. The Department may require
				  the recipient to take and complete corrective action within 10 working days of
				  receipt of notice. If the recipient fails to take corrective action or if the
				  action taken is inadequate, then the Department may withhold disbursement. The
				  Department may, however, withhold disbursement pursuant to Rule 335-15-7.33
				  without issuing a notice pursuant to this section.
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-.33 - Withholding Of Funds

Current through Register Vol. 42, No. 9, June 28, 2024
The Department may withhold, upon written notice to the
				  recipient, a Fund loan disbursement or any portion thereof when it determines
				  that a recipient has failed to comply with any loan condition, provision of
				  this Chapter, or contract specification or requirement.
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-.34 - Termination Of Loans

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Termination
				of loans by the Authority shall be accomplished as follows:
(a) The Authority may terminate a Fund loan
				in whole or in part for good cause. The term "good cause" shall include but not
				be limited to:
1. Substantial failure to
				comply with the terms and conditions of the Fund loan agreement:
2. Default by the recipient;
3. A determination that the Fund loan was
				obtained by fraud;
4. Without good
				cause therefore, substantial performance of the project work has not
				occurred;
5. Gross abuse or corrupt
				practices in the administration of the project; or
6. Fund monies have been used for
				non-allowable costs.
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-.35 - Severability

Current through Register Vol. 42, No. 9, June 28, 2024
If any section, subsection, 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.
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 335-15-8 - BROWNFIELD REMEDIATION RESERVE FUND › Section 335-15-8-.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 reimbursements are
				  made from the Brownfield Remediation Reserve Fund as defined in Code of Alabama
				  1975, §22-30E-5 and to implement the purposes and objectives of the
				  Brownfield Remediation Reserve Fund Act of 2023 (Act Number 2023-356 2023
				  Regular Session.
Author:
Crystal L. Collins; Pamela W.
					 Luckie
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 335-15-8 - BROWNFIELD REMEDIATION RESERVE FUND › Section 335-15-8-.02 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department
				will deposit all Brownfield Remediation Reserve Fund contributions into the
				Brownfield Remediation Reserve Fund.
(2) The Department shall collect from each
				responsible person applicant a Brownfield Remediation Reserve Fund Contribution
				in the amount of five hundred dollars ($500) per acre for each qualifying
				property in addition to the Voluntary Cleanup Program application and oversight
				fees as described in 335-15-4.
[Note: Application and associated oversight fees are
				  not deposited into the Brownfield Remediation Reserve Fund]
(3) The Contribution to the
				Brownfield Remediation Reserve Fund will function solely for the administration
				and purpose of this chapter.
(4)
				These regulations apply for the Department to use the amounts in the Brownfield
				Remediation Reserve Fund for post-remediation costs at a qualifying property,
				provided the amount does not exceed four million dollars ($4,000,000) per
				property.
(5) The obligations of
				the Department for the application of amounts in the Brownfield Remediation
				Reserve Fund, as provided in this chapter, shall not constitute a work of
				internal improvement, a loan of money, or an extension of credit by the state
				to any private or corporate enterprise or any individual, association, or
				corporation. To the extent there are insufficient funds in the fund to be used
				to pay for remediation costs or post-remediation costs, the Department shall
				have no obligations or responsibility to pay for or conduct cleanup
				activities.
Author:
Crystal L. Collins; Lynn T. Roper;
					 Sonja B. Favors; Pamela W. Luckie
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 335-15-8 - BROWNFIELD REMEDIATION RESERVE FUND › Section 335-15-8-.03 - Criteria For Eligibility And Reimbursement

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Properties are eligible for the
				Brownfield Remediation Reserve Fund reimbursement provided the following
				criteria are met:
(a) Initial Voluntary
				Cleanup Program Cleanup at the qualifying property was conducted by a
				responsible person applicant pursuant to 335-15-4 after December 31,
				2023;
(b) Contamination was cleaned
				up, remediated, and documented as outlined in 335-15-8-.03(1)(a) in a Voluntary
				Assessment Report or Voluntary Cleanup Plan/Report that was approved by the
				Department pursuant to 335-15-4;
(c) Expenditures incurred must qualify as
				post-remediation costs as defined in
				335-15-1-.02;
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-8 - BROWNFIELD REMEDIATION RESERVE FUND › Section 335-15-8-.04 - Use Of Brownfield Remediation Reserve Funds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Remediation Reserve Funds may be used for
				any qualifying property in the state for which remediation reserve fund
				contributions have been made after December 31, 2023, for which there is not a
				responsible person.
(2) Use of
				funds:
(a) To pay the post-remediation costs
				as defined in
				335-15-1-.02 for any qualifying
				property as described in 335-15-8-.03(1) in the state which was cleaned up or
				remediated in accordance with the Department approved Voluntary Cleanup Plan,
				and
(b) Where the established risk
				reduction standards upon which a cleanup or remediation was previously
				conducted have changed.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-8 - BROWNFIELD REMEDIATION RESERVE FUND › Section 335-15-8-.05 - Applications For Reimbursement

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Applications for reimbursement for post remediation costs 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 any
				other information the Department requests. 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 postremediation work where applicable:
I certify to the best of my knowledge and belief: that the
				  costs presented herein represent actual costs incurred in the work performed
				  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 post-remediation costs which were necessary due to the
				  standards outlined in 335-15-8-.04 at this site. I have personally examined and
				  am familiar with the information submitted in this reimbursement request and
				  all attachments and, based on my inquiry of those persons immediately
				  responsible for obtaining the information contained in this reimbursement
				  request, I certify that the information is true, accurate, and complete, and
				  that this reimbursement request does not duplicate any request for
				  reimbursement for any charge previously submitted to the Department.
(3) Applications for
				reimbursements shall be submitted following acceptance by the Department of
				completed post-remediation costs. Such post-remediation costs may include but
				are not limited to the following:
(a)
				Completion, submittal and/or implementation of a Department approved Voluntary
				Property Assessment Plan/Report or Voluntary Cleanup Plan;
(b) Completion and submittal of a Risk
				Assessment; or
(c) Completion and
				submittal of an Environmental Covenant.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM › Chapter 335-15-8 - BROWNFIELD REMEDIATION RESERVE FUND › Section 335-15-8-.06 - Fund Reimbursement Procedures

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Reimbursement from the Brownfield
				Remediation Reserve 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 the post-remediation costs.
(2) Where the owner or operator has submitted
				a complete application for reimbursement for the post-remediation costs
				conducted in accordance with 335-15-8, but has not paid for these activities or
				claims, reimbursement will be made to the contractor who provided the
				investigative response action service.
Author:
Crystal L. Collins; Sonja B. Favors;
					 Lynn T. Roper; Pamela W. Luckie
Statutory Authority:
Code of Ala.
					 1975
, §22-30E-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-1 - GENERAL › Section 335-16-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
These regulations have been promulgated pursuant to the
				  Alabama Drycleaning Environmental Response Trust Fund Act,
Code of
				  Ala. 1975
, §
									22-30D-1
et
				  seq
, henceforth referred to as "the Act". The purpose of the
				  Alabama Drycleaning Environmental Response Trust Fund Program is to establish
				  the ADEM Administrative Code Regulations necessary for the administration and
				  enforcement of the Act by:
(a) The
				establishment of performance standards for new drycleaning facilities and new
				wholesale distribution facilities first brought into use on or after May 24,
				2003;
(b) The establishment of a
				schedule for the retrofit of drycleaning facilities and wholesale distribution
				facilities that were in existence prior to May 24, 2000;
(c) The establishment of criteria for the
				reporting of suspected contamination or the discovery of contamination by
				site(s) as defined in
				335-16-1-.02;
(d) The establishment of requirements for the
				initial investigation, assessment and remediation of contamination resulting
				from various types of drycleaner facilities, abandoned drycleaner facilities,
				wholesale distribution facilities, impacted third parties or adjacent
				landowners as defined in
				335-16-1-.02.
Authors:
Pamela R. Wilson, Lawrence A.
				  Norris
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30D-1,
					 22-30D-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-2 - PARTICIPATION › Section 335-16-2-.01 - Criteria For Coverage By The Act

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Existing drycleaning facilities,
				abandoned drycleaning facilities and wholesale distributing facilities, are
				covered by the Fund under this program provided the following criteria are met:
(a) Pursuant to
Code of Ala.
				1975
, §
										22-30D-4, the owner(s) or
				operator(s) have elected to participate in the program and have so notified the
				Department.
(b) The appropriate
				registration fees are paid to the Alabama Department of Revenue.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-3 - GENERATOR REQUIREMENTS › Section 335-16-3-.01 - General

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Purpose, scope, and applicability
.
(a) ADEM Admin. Code r. 335-16-3 establishes
				standards for new and existing drycleaning facilities, abandoned drycleaning
				facilities and new and existing wholesale distributing facilities that are:
1. Generators of hazardous waste,
				and
2. Generators of other waste
				destined for disposal at commercial hazardous waste disposal facilities located
				in the State of Alabama.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-4 - TRACKING AND PRIORITIZATION › Section 335-16-4-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
To provide a mechanism that allows for the initial
				  investigation of existing drycleaning facilities, abandoned drycleaning
				  facilities and wholesale distribution facilities that may be contaminated with
				  drycleaning agents.
Authors:
Lawrence A. Norris, Clethes
					 Stallworth, Ashley S. Powell
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-30D-4,
					 22-30D-5.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-4 - TRACKING AND PRIORITIZATION › Section 335-16-4-.02 - Initial Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For
				sites at which a release or releases have been confirmed, or sites where
				contamination is suspected to exist, the owner or operator shall submit a
				report to the Department describing the release(s) with information that shall
				include:
(a) The actual or estimated
				timeframe(s) that the release(s) may have occurred;
(b) The type(s) of hazardous constituents
				released; and
(c) The approximate
				or actual amount of hazardous constituents released.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-5 - RESPONSIBILITIES › Section 335-16-5-.01 - General Provisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any
				eligible entity shall not be required to:
(a)
				Obtain any State permit or engage in closure, post closure, or corrective
				action pursuant to the AHWMMA;
(b)
				Establish or maintain any financial assurance;
(c) Become obligated to pay for any costs,
				except for the deductible set forth in
Code of Ala.
				1975
, §
										22-30D-9, in connection with
				contamination occurring at any drycleaning facility, abandoned drycleaning
				facility, wholesale distribution facility, or at the real property of any
				impacted third party, or any adjacent landowner(s) which may have failed to
				operate as a permitted treatment, storage or disposal facility as defined under
				AHWMMA; or
(d) Replace any
				drycleaning unit that was in operation prior to May 24, 2003, unless required
				by ADEM Admin. Code Regulations or by any federal laws promulgated by the
				United States Environmental Protection Agency.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-5 - RESPONSIBILITIES › Section 335-16-5-.02 - Performance Standards

Current through Register Vol. 42, No. 9, June 28, 2024
Compliance with performance standards for new drycleaning
				  facilities are required upon the effective date of these regulations.
				  Compliance with performance standards for existing facilities shall occur no
				  later than May 23, 2005, and a schedule for the implementation of the standards
				  shall be submitted to the Department within 60 days of the adoption of these
				  regulations. The performance standards at a minimum shall include the
				  following:
(a) Any person who generates
				regulated waste(s) that contain drycleaning agent(s) at a drycleaning facility
				or wholesale distribution facility shall ensure delivery of such waste(s) to a
				facility that is legally authorized to manage or recycle waste(s) that contain
				drycleaning agents;
(b) Release of
				wastewater containing drycleaning agent from drycleaning facilities to any
				sanitary sewer or septic tank, any land or ground application thereof, or any
				discharge to waters of the State is not authorized;
(c) Mandatory reporting of all releases of
				reportable quantities of drycleaning agent to the Department;
(d) All drycleaning agents or wastes
				containing drycleaning agents shall be stored in closed containers and handled
				so to minimize the risk of leakage or spillage;
(e) Dikes or other containment structures
				shall be installed around each drycleaning machine and each drycleaning agent
				or waste storage area, such that the structures shall be capable of containing
				a release of drycleaning agent;
(f)
				All containment structures shall be constructed of materials which are
				impervious to drycleaning agents;
(g) All drycleaning agents shall be delivered
				to drycleaning machines via closed or direct-coupled systems; and
(h) If applicable, compliance with the
				National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities (
				40 CFR 63, subpart m) and adopted by the Department as ADEM Admin. Code r.
				335-3-11-.06(12).
Author:
Lawrence A. Norris, Clethes
					 Stallworth, Ashley S. Powell
Statutory Authority:
Code of Ala.
					 1975
, §
											22-30D-4.
Alabama Administrative Code › Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT › LAND DIVISION - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND PROGRAM › Chapter 335-16-6 - TECHNICAL INFORMATION › Section 335-16-6-.01 - Property Assessment

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Content of the Property Assessment Plan. A property assessment plan submitted
				by any eligible entity shall describe in sufficient detail those actions
				planned for the development of information necessary to perform a risk
				assessment or for the identification of applicable remediation requirements for
				the site by utilizing criteria found in appropriate risk-based corrective
				action guidance. If necessary, the assessment plan shall provide for the
				implementation of applicable response actions and/or land use controls. The
				plan should describe the methods to be used to determine the type and the
				amount of contamination and include the delineation of soil and groundwater
				contamination discovered or known to exist on-site.
(2) Approval and Implementation of the
				Property Assessment Plan. Upon the Department's approval of the property
				assessment plan, the eligible entity shall implement the plan in accordance
				with the approved schedule.
(3)
				Modification of the Property Assessment. If at any time the eligible entity or
				the Department determines that any element of an approved assessment plan must
				be modified in order to develop the information necessary to perform a risk
				assessment or identify applicable remediation requirements for the qualifying
				property, the eligible entity shall modify the approved plan and obtain
				approval of the proposed modification.
(4) Termination of Activities. If at any time
				the eligible entity determines that any element of an approved property
				assessment plan must be modified in order to terminate activities at the
				property for any reason, the eligible entity shall notify the Department and
				obtain approval of the proposed modification.
(5) Assessment Report. Within 30 days of
				completion of those activities specified in the approved assessment plan, an
				eligible entity shall submit to the Department a report of the findings from
				the assessment, which may include a recommendation for applying remediation
				requirements to the property. If applicable, concurrence by the Department with
				the report will move site to remediation phase.
Author:
Lawrence A. Norris
Statutory Authority:
Code of Ala.
					 1975
, §
											22-30D-4.