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-.03 - Certification Of Compliance

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
				Acceptance of the Certification of Compliance. The Department shall review all
				reports and the required certification of compliance submitted under
				335-16-6-.02(10)
				to demonstrate that no further action is required by the eligible entity to
				protect human health and the environment. Upon concurrence, the Department
				shall issue to the eligible entity a "Letter of Concurrence". If the eligible
				entity is satisfactorily maintaining engineering controls, remediation systems,
				or post-closure care, or if non-permanent institutional controls are utilized,
				the Department shall issue the eligible entity a conditional "Letter of
				Concurrence". The Department may authorize an eligible entity to conduct a
				phased response only when, in the Department's evaluation, the schedule is
				reasonable.
(2) Deed Records. The
				eligible entity shall file a copy of the certification of compliance and the
				conditional "Letter of Concurrence" in the site's deed record on the
				Department's behalf. The eligible entity must file the copy of the
				certification of compliance and the conditional "Letter of Concurrence" prior
				to the sale or transfer of the property or no later than 60 days after the date
				of issuance of the letter. The eligible entity shall file a statement in the
				deed records stating that the certification of compliance and the "Letter of
				Concurrence" supersede prior deed certification requirements.
(3) Revocation of "Letter of Concurrence".
				The "Letter of Concurrence" may be revoked by the Department at any time in the
				event that contamination posing an unacceptable risk to human health and the
				environment is rediscovered on site, or discovery that the submitted
				certification of compliance was based on information that was materially false,
				inaccurate or misleading. The eligible entity shall be notified in writing by
				certified mail of the proposed revocation. The eligible entity shall respond
				within 30 days upon receipt of the letter.
(4) Sovereign Immunity. By issuance of the
				"Letter of Concurrence", the Department does not waive sovereign
				immunity.
(5) Release from
				Liability. Upon the Department's approval of the certification of compliance,
				an eligible entity who is not a responsible person, at the qualifying property,
				shall not be liable to the state or any third party for costs incurred in the
				investigation or remediation of, equitable relief relating to, or damages
				resultant from, in whole or in part, a preexisting release at the qualifying
				property, including, but not limited to, any liability to the state for the
				remediation of the property under Title 22, Chapters 22, 27, 30, 30A, and 35 of
				the
Code of Ala. 1975
, or a new release of a
				substance, constituent, or material which had been part of a preexisting
				release at the property, unless such new release results from noncompliance
				with an approved property assessment plan, or remediation plan or from the
				negligent, wanton, willful, or intentional conduct of the eligible entity.
Authors:
Lawrence A. Norris, Pamela R.
				  Wilson
Statutory Authority:
Code of Ala.
					 1975
, §
											22-30D-5,
					 22-30D-9.