Ala. Admin. Code r. 287-1-1-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 287-1-1-.02 - Application For Coverage Under The Drycleaning Environmental Response Trust Fund

(1) The purpose of this provision is to establish a procedure that will enable owners or operators of drycleaning facilities, abandoned drycleaning facilities, wholesale distributors, impacted third parties or adjacent landowners who are potentially eligible parties ("PEP's") to submit requests for payments to the Board for the costs of investigation, assessment, and remediation of contamination at sites reported to the Board and the Department.

(2) Applications for reimbursement by a PEP for eligible expenses under the fund shall be submitted on a form furnished by the Board. The application shall be complete, legible and accurate, and shall include the following:

(a) For Drycleaning Facilities, Abandoned Drycleaning Facilities, and Wholesale Distribution Facilities:

1. Owner or operator's legal name, complete address, and account number on file with Department of Revenue;

2. Owner or operator's telephone number;

3. Name and position of contact person;

4. Signature of sole proprietor, partner, corporate officer, or other responsible party;

5. Date of completed application;

6. The address and legal description of the site where the facility is located;

7. Name of ADEC retained by owner;

8. Certification that all costs incurred to date of request for reimbursements were expended to address drycleaner contamination;

9. Certification that all fees required by The Alabama Drycleaning Environmental Response Trust Fund Act have been paid to the Department of Revenue.

(b) For Impacted Third Parties and Adjacent Landowners:

1. Impacted third party or adjacent landowner's legal name, complete address. If known, the account number of the facility or site on file with Department of Revenue should be included;

2. Impacted third party or adjacent landowner's telephone number;

3. Name and position of contact person;

4. Signature of impacted third party or adjacent landowner;

5. Date application completed;

6. The legal description of the contaminated site;

7. Name of ADEC retained by impacted third party or landowner;

8. Certification that all fees required by The Alabama Drycleaning Environmental Response Trust Fund Act have been paid to the Department of Revenue;

9. Certification that all costs incurred to date of request for reimbursement were expended to address drycleaner contamination.

(3) All applications for reimbursement under the Fund shall include a good faith estimate of the costs that will continue to be incurred at the site for which reimbursement will be sought. Good faith estimates shall be revised from time to time as work at the site progresses in order to more definitively estimate the remaining costs to be incurred. Such estimates shall be prepared by an approved drycleaner environmental consultant.

Author: Robert D. Tambling

Ala. Admin. Code r. 287-1-1-.02

New Rule: Filed March 27, 2003; effective May 1, 2003.

Statutory Authority:Code of Ala. 1975, § 22-3OD-5(c).