Ala. Admin. Code r. 335-16-6-.03

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

Section 335-16-6-.03 - Certification Of Compliance

(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

Ala. Admin. Code r. 335-16-6-.03

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

Statutory Authority:Code of Ala. 1975, § 22-30D-5, 22-30D-9.