Ala. Admin. Code r. 335-15-6-.03

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

Section 335-15-6-.03 - Cleanup Inventory List

(1)Voluntary Cleanup Properties Inventory. Pursuant to Code of Ala. 1975, §§ 22-30E-4(b)(2) and 22-30E-4(b)(3), the Department shall compile and update as necessary an inventory of all qualifying properties for which a Voluntary Properties Assessment Plan and/or Report or a Voluntary Cleanup and/or Report has been approved by the Department. No later than July 1^st of each year, the Department shall send a copy of the inventory with the properties listed by county to the clerk of each probate court of the state. The inventory shall be called the Voluntary Cleanup Properties Inventory. The inventory shall include all the following information:

(a) The name of the property or another description identifying the property.

(b) The location of the property.

(c) The name of the owner of the property at the time of the property's inclusion in the inventory.

(d) A general description of the Voluntary Property Assessment Plan and/or Report or Voluntary Cleanup Plan and/or Report.

(e) A property cleaned up to standards less stringent than those required for unrestricted residential use, require a description of the applicable values used and any use restrictions which are imposed.

(2)Placement on the Cleanup Inventory. Upon the Department's approval of the Voluntary Property Assessment and/or the Voluntary Cleanup Plan, the property shall be listed on the Voluntary Cleanup Plan Properties Inventory as provided 335-15-6-.03(1).

(3)Restricted Use.

(a) The property owner of any property listed on the inventory which is designated as having been cleaned up to standards less stringent than those necessary for unrestricted residential use shall include the following notice in any deed, mortgage, deed to secure debt, lease, rental agreement, or other instrument given or caused to be given by the property owner which creates an interest in the property: "This property has been listed on the state's Voluntary Cleanup Properties Inventory and has been cleaned up to standards less stringent than those required for unrestricted residential use due to the presence of substances regulated under state law. Certain uses of this property may require additional cleanup. Contact the property owner or the Alabama Department of Environmental Management for further information concerning this property. This notice is provided in compliance with the Alabama Land Recycling and Economic Redevelopment Act."

(b) If warranted by further active or passive remediation that results in the reduction of contamination to unrestricted residential use levels, this notice may be removed in accordance with 335-15-6-.03(4).

(4)Unrestricted Use. Upon a written determination by the Department that a property has been cleaned up to standards suitable for unrestricted residential use, the notices required by 335-15-6-.03(1) shall be removed from the subject property records.

Ala. Admin. Code r. 335-15-6-.03

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 XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Amended by Alabama Administrative Monthly Volume XL, Issue No. 07, April 29, 2022, eff. 6/13/2022.

Authors: Lawrence A. Norris; Stephen A. Cobb; Vernon H. Crockett; Sonja B. Favors; Crystal L. Collins; Lynn T. Roper; Pamela L. Monaghan

Statutory Authority:Code of Ala. 1975, §§ 22-30E-4, 22-30E-11.