Ala. Admin. Code r. 335-16-5-.01

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

Section 335-16-5-.01 - General Provisions

(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.

(2) Any eligible entity shall be required to:

(a) Submit a report to the Department of any actual or suspected contamination.

(b) Commence initial investigation and, if necessary assessment remediation activities.

(c) Submit as required, all necessary plans and reports as described in 335-16-6.

(d) Comply with generator waste management requirements of 335-16-3.

Ala. Admin. Code r. 335-16-5-.01

New Rule: Filed June 20, 2003; effective July 25, 2003.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 05, February 28, 2022, eff. 4/14/2022.

Authors: Lawrence A. Norris, Clethes Stallworth, Ashley S. Powell

Statutory Authority:Code of Ala. 1975, §§ 22-30D-4, 22-30D-9.