Ala. Admin. Code r. 335-15-8-.03

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

Section 335-15-8-.03 - Criteria For Eligibility And Reimbursement

(1) Properties are eligible for the Brownfield Remediation Reserve Fund reimbursement provided the following criteria are met:

(a) Initial Voluntary Cleanup Program Cleanup at the qualifying property was conducted by a responsible person applicant pursuant to 335-15-4 after December 31, 2023;

(b) Contamination was cleaned up, remediated, and documented as outlined in 335-15-8-.03(1)(a) in a Voluntary Assessment Report or Voluntary Cleanup Plan/Report that was approved by the Department pursuant to 335-15-4;

(c) Expenditures incurred must qualify as post-remediation costs as defined in 335-15-1-.02;

(2) Applicants, as defined in 335-15-1-.02, requesting an eligibility determination for reimbursement from the Brownfield Remediation Reserve Fund shall submit a formal request to the Department which shall include the following:

(a) A full explanation of the changes proposed to address the required post-remediation modification. The explanation must include a detailed description of the actions to be performed and how it will address the risk reduction.

(b) A copy of the Letter of Concurrence with Conditions for the qualifying property which includes the assigned Voluntary Cleanup Program project number;

(c) The nature and extent of the contamination identified that requires additional cleanup;

(d) Detailed explanation of the work to be performed; and,

(e) A cost estimate that includes itemization of all potential post-remediation costs including but not limited to labor hours and rates, analytical charges, equipment charges, and other categories which shall be identified by the Department, or which the applicant may wish to provide.

(3) Requests for reimbursement shall be submitted within 180 days of the Department's approval for work to commence.

(4) Any deviations from the Department approved land-use controls do not qualify for reimbursement under this fund.

Ala. Admin. Code r. 335-15-8-.03

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 05, February 29, 2024, eff. 4/14/2024.

Author: Crystal L. Collins; Sonja B. Favors; Lynn T. Roper; Pamela W. Luckie

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

Note: Any modification to the Department approved Assessment or Cleanup Plan will follow the requirements of Division 15 and may be subject to the Public Participation requirements.