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-.10 - Requirements for Tank Trust Fund Coverage of Response Action Costs for UST and AST Systems

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An eligible
				owner or operator conducting response actions is entitled to coverage of
				reasonable costs from the Tank Trust Fund, subject to the following provisions:
(a) Upon confirmation and reporting of a
				release in accordance with the requirements of Rules
				335-6-15-.20 through
				335-6-15-.23 of the ADEM
				Administrative Code the owner or operator shall select a contractor from the
				Department's list of approved contractors, or upon approval by the Department
				under the conditions identified in Rule
				335-6-16-.16(5) and
				(6), may use the owner or operator's
				personnel and/or equipment to accomplish all or part of an investigation and
				necessary corrective action. If a contractor is to be retained the Department
				must be notified in writing of such a selection within twenty (20) days of
				reporting of a release. A contractual agreement must be established between the
				owner or operator and the contractor, and the Department must be provided a
				copy of the contractual agreement. The owner or operator of an UST is
				responsible for the first $5000 or the owner or operator of an AST is
				responsible for the first $10,000 of eligible response action costs, or other
				such amount as may be set by the Commission, as the owner's limit of individual
				responsibility.
In the event the owner or operator retains a different
				  Approved Response Action Contractor, a contractual agreement must be
				  established between the owner or operator and the Approved Response Action
				  Contractor, and the Department must be provided a copy of the contractual
				  agreement within twenty (20) days of execution of the contract.
(b) If initial release responses,
				abatement measures and initial free product removal, conducted in accordance
				with Rules
				335-6-15-.22 through
				335-6-15-.25 and
				335-6-15-.27 of the ADEM
				Administrative Code, are required to properly stabilize a site and prevent
				significant continuing damage to the environment or risk to human health, and
				the cost of such required measures is expected to exceed the individual limit
				of financial responsibility established by the Commission, the owner, or the
				Approved Response Action Contractor may contact the Department to obtain verbal
				or written approval to allow additional expenditures prior to the submittal of
				a cost proposal. Additional expenditures may be authorized by the Department up
				to a total of $50,000 which may be reimbursable from the Tank Trust Fund to
				achieve site stabilization and immediate protection of human health or the
				environment. Such approval may be given following the actual expenditures if
				immediate actions were necessary to protect human health or the environment and
				Departmental personnel were unavailable. In such a case, the Department must be
				notified of the actions taken within twenty-four hours.
(c) Following completion of necessary site
				stabilization actions as described in Subparagraph (b) of this Rule, subsequent
				investigative and corrective actions must be performed by approved contractors,
				or by owners or operators approved by the Department to perform such actions,
				and in accordance with the requirements of Rules
				335-6-15-.25 through
				335-6-15-.31 of the ADEM
				Administrative Code. The contractor selection, Departmental notification and
				contractual requirements as described in subparagraph (a) of this Rule,
				relative to Approved Response Action Contractors, will be applicable.
(d) Prior to initiating any of the response
				actions identified in 1. through 6. below, unless otherwise directed by the
				Department, a cost proposal shall be submitted to the Department for conducting
				the proposed response action. Cost proposals shall be submitted in accordance
				with a format which shall be established by the Department and which utilizes
				the current Tank Trust Fund Reasonable Rates, where applicable.
1. Preliminary Investigation (in accordance
				with Rule
				335-6-15-.25 and
				335-6-15-.26).
2. Risk Assessment in accordance with Rule
				335-6-15-.30.
3. Free Product Removal (in accordance with
				Rule 335-6-15-.27).
4. Secondary Investigation and Development of
				Corrective Action Plan (in accordance with Rule
				335-6-15-.28 through
				335-6-15-.32).
5. Implementation of Corrective Action Plan.
				This shall include the costs of: finalizing equipment design; purchase of
				equipment and materials to be dedicated to the site for corrective action;
				installation and bringing to operational status the corrective action system;
				operation and maintenance costs of corrective action system for the total
				projected time period in which the corrective action system will be needed to
				comply with corrective action limits of Chapter 335-6-15 of the ADEM
				Administrative Code.
6. Provision
				of alternate water supply.
(e) Upon review of a cost proposal for any of
				the activities identified in (d)1. through 6. above, the Department may:
1. Approve the cost proposal and authorize
				work to be initiated; or
2. Require
				a modification to or clarification of the cost proposal if projected costs are
				not determined to be reasonable.
(f) In addition to the above requirements of
				(c), (d) and (e) of this Rule, the owner or operator shall upon submittal of a
				cost proposal for a site investigation, also submit an estimate of the total
				cost of remediation for the site which shall be used solely for the purpose of
				the Commission, the Department, and the Tank Trust Fund Management Board in
				projecting future funding requirements for the Tank Trust Fund. The total
				estimated cost of remediation for a site shall be updated by the owner or
				operator as necessary and as more complete information regarding a site becomes
				available. The Department will utilize the submitted data and other data
				available to the Department to determine cost projections for the total
				estimated cleanup costs for an occurrence.
(g) Upon approval of a cost proposal by the
				Department, sufficient funds will be obligated from the Tank Trust Fund for
				completion of the particular phase of work for which the cost proposal was
				submitted and authorization will be provided for the initiation of the proposed
				action. Obligation of funds shall be subject to the availability of funds at
				the time of acceptance of the cost proposal.
(h) The Department shall approve or
				disapprove that portion(s) of cost proposals dealing with the scope of remedial
				action or clean-up work within 120 days of receipt of the proposal. Response
				Action Contractors may act on proposals as if approved by the Department, if
				the Department does not notify the Response Action Contractor that the scope of
				work recommended in the proposal is disapproved within 12 0 days of receipt of
				the proposal. The Department shall pay for response action services conducted
				by a Response Action Contractor consistent with any proposal that was not
				disapproved within 120 days of receipt by the Department.
(i) Response actions performed prior to
				approval of an associated cost proposal may not be eligible for
				reimbursement.
(j) If the costs of
				completing any of the response actions of subparagraph (d))1. through 6. is
				expected to exceed the amount of an approved cost proposal, an amended cost
				proposal must be submitted and approved to allow additional funds to be
				obligated.
(k) Any response action
				which is carried out in response to any discharge, release or threatened
				release of motor fuels from an UST or AST must be conducted in accordance with
				the requirements of Rules
				335-6-15-.21 through
				335-6-15-.31 and subparagraphs
				(a) through (d) of this Rule.
(l)
				The owner or operator shall keep and preserve detailed records demonstrating
				compliance with approved investigative and corrective action plans and all
				invoices and financial records associated with costs for which reimbursement
				will be requested. These records shall be kept for at least three years, or as
				otherwise instructed by the Department, after corrective action has been
				completed for a site.
(m) The
				selected investigative and/or corrective action alternative must be implemented
				in a manner acceptable to the Department in order for the owner or operator to
				be eligible for the reimbursement of costs associated with those
				activities.
(n) An eligible owner
				or operator conducting AST response actions from August 1, 1993 until June 1,
				1994 relative to any discharge, release or threatened release of motor fuels
				from an AST, is entitled to reimbursement of reasonable costs from the Tank
				Trust Fund if the release was discovered and subsequently reported August 1,
				1993 or after, and is exempted from the requirements of subparagraphs (a)
				through (i) above, provided that response actions were carried out in a manner
				acceptable to the Department.
(o)
				If response actions which were initiated during the time period referenced in
				subparagraph (n) above are still continuing upon the effective date of these
				regulations, the Department will require submittal of cost proposals for any
				remaining phases of work and for the total projected cost of the
				remediation.
(p) If the contractor
				performing response actions as described in subparagraph (o) above is not an
				Approved Response Action Contractor, the Department may authorize the continued
				use of that contractor.