Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTLAND DIVISION - BROWNFIELD REDEVELOPMENT AND VOLUNTARY CLEANUP PROGRAM
Chapter 335-15-2 - PARTICIPATION
Section 335-15-2-.01 - Property Eligibility Criteria

Ala. Admin. Code r. 335-15-2-.01

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-15-2-.01 - Property Eligibility Criteria
(1)Eligibility. In order to be considered a qualifying property for participation in the voluntary cleanup program established pursuant to 335-15-2, a property shall, unless granted a variance under 335-15-2-.03, meet the following criteria:
(a) It must not be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C., § 9601, et seq.
(b) It must not be currently undergoing response activities required by an order of the Department.
(c) It must not be currently undergoing response activities required by an order of the United States Environmental Protection Agency issued pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C., § 9601et seq.
(d) It must not be a hazardous waste treatment, storage, or disposal facility subject to the permitting requirements of 335-14-8-.01 through 335-14-8-.08.
(2)Letter of Eligibility.
(a) Prior to submission of an application, a "Letter of Eligibility" for the property may be issued by the Department upon request and accompanied by the appropriate fee. Such a request shall be made in the form of a letter certifying that all of the requirements of 335-15-2-.01(1)(a) through (d) have been met. The "Letter of Eligibility" shall remain valid for a period of one year from the date of issuance.
(b) If the property does not meet all eligibility requirements or will otherwise require a variance for entrance into the program, a letter stating the reason(s) for denial will be sent to the person requesting the "Letter of Eligibility".

Ala. Admin. Code r. 335-15-2-.01

New Rule: Filed April 11, 2002; effective May 16, 2002. Amended: Filed October 21, 2004; effective November 25, 2004.
Amended by Alabama Administrative Monthly Volume XLII, Issue No. 05, February 29, 2024, eff. 4/14/2024.

Author: Fred A. Barnes; Keith N. West; Lawrence A. Norris; Stephen A. Cobb; Crystal L. Collins

Statutory Authority:Code of Ala. 1975, §22-30E-6.