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-.13 - Tank Trust Fund Ineligible Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Costs of replacement, installation,
				closure and/or retrofitting, or testing of affected tanks and associated piping
				shall not be eligible for payment or reimbursement by the Tank Trust Fund.
				Additionally, any equipment or labor or installation costs not integral to site
				rehabilitation or provision of an alternate water supply are not eligible for
				reimbursement from the Tank Trust Fund.
(2) The cost of equipment purchases other
				than routinely required supplies which are expended at a given site or
				equipment purchases which must be installed at a site to implement a corrective
				action plan, shall not be charged to the cost of rehabilitating any given site
				at which Tank Trust Funds are being claimed for investigative or corrective
				action costs. Examples of equipment which could not be charged to a specific
				site would include: drilling rigs, earth moving equipment, groundwater sampling
				pumps, and photoionization detectors. Examples of equipment which could be
				charged to a specific site would include: bailers, sample containers, etc.
				Hourly charges for equipment which are not listed in the current version of the
				Trust Fund Reasonable rates may be established in the cost proposal submitted
				for each major phase of work. These hourly rates must be competitive with
				similar charges by other approved contractors, or they may be rejected by the
				Department if they are determined to represent unreasonable costs.
(3) The costs associated with environmental
				audits and property transfer audits are not eligible for reimbursement from the
				Tank Trust Fund.
(4) The first
				$5,000 in the case of an UST or $10,000 in the case of an AST of approved
				response action costs, or such other amount as may be approved by the
				Commission, which are incurred by the owner or operator are not eligible for
				reimbursement from the Tank Trust Fund. Proof of payment of the first $5,000
				for UST or $10,000 for AST or another amount as may be approved by the
				Commission, is required prior to reimbursement of any costs.
(5) The first $5,000 in the case of an UST or
				$10,000 in the case of an AST of a final judgment obtained by qualified third
				parties are not eligible for disbursement from the Tank Trust Fund. Proof of
				payment by the eligible UST owner or operator of the said first $5,000 in the
				case of an UST or $10,000 in the case of an AST of a final judgment is required
				prior to disbursement of fund monies.
(6) The costs associated with assessments and
				studies required by
				335-6-16-.20 are not eligible for
				reimbursement from the Tank Trust Fund.
Authors:
Sonja Massey, James Stevens, Gregory
					 Stephens, Dorothy Malaier, James Thrash
Statutory Authority:
Code of Ala.
					 1975
, §§
											22-35-4,
					 22-35-7.