Ala. Admin. Code r. 335-13-11-.02

Current through Register Vol. 43, No. 02, November 27, 2024

Section 335-13-11-.02 - Solid Waste Fund

(1) For the purposes of remediation conducted under the authority of this chapter, an innocent landowner shall mean an owner of real property upon which there is located an unauthorized dump and who meets all of the following conditions:

(a) The solid waste was disposed of on the property after the owner acquired title to the property or the waste was disposed of before the owner acquired title to the property and the owner lacked actual knowledge of the waste after conducting reasonable due diligence or title was acquired by bequest or devise.

(b) The owner did not have knowledge that the waste was being disposed of on the property or the owner took steps, including, but not limited to, posting signs to prevent disposal on the property.

(c) The owner did not participate in or consent to the disposal of solid waste on the property.

(d) The owner did not receive any financial benefit from the disposal of solid waste on the property.

(e) Title to the property was not transferred to the owner for the purpose of evading liability for operating an unauthorized dump.

(f) The person or persons responsible for disposing of the solid waste on the property, in doing so, was not acting as an agent for the owner.

(2) An unauthorized dumpsite will be eligible for remediation utilizing the Solid Waste Fund if either of the following occurs:

(a) The party or parties responsible for the creation, contribution to, and/or operation of an unauthorized dump cannot be identified and the site is located on property owned by an innocent landowner; or

(b) The party or parties responsible for the creation, contribution to, and/or operation of an unauthorized dump refuses to properly remediate the site.

(3) If the responsible party refuses to remediate an unauthorized solid waste dump site after notice from the Department, and the Solid Waste Fund is used to remediate the site, the Department may, through a civil action in circuit court, recover all costs incurred during the site remediation. Recoverable costs may include, but are not limited to, legal expenses for remediation or cost recovery, utilization of remediation contractors, vector control, disposal costs, administrative costs, and other associated costs.

(4) An innocent landowner shall not be liable for remediation costs if that person works cooperatively with the Department to remediate the site. The innocent landowner shall do all of the following:

(a) Sign a site access agreement and provide site access to Department personnel and contractors working under the Solid Waste Fund.

(b) Take reasonable measures to restrict site access to unauthorized parties.

(c) Provide all information the landowner may have regarding the source of the solid waste, and cooperate with the Department in the enforcement of the Solid Wastes and Recyclable Materials Management Act and its implementing regulations, in determining the responsible party and recovering the cost of remediation.

(d) Remove other materials or impediments to cleanup, if required, or grant permission to the Department or its authorized contractors to remove said materials or impediments to cleanup.

(e) Be in compliance with the applicable regulatory requirements of division 335-13.

(5) Should a landowner fail to comply with the requirements of rule 335-13-11-.02(4), said landowner shall not qualify as an innocent landowner, and shall be liable for remediation of the site in accordance with rule 335-13-1-.13.

(6)Obligation of Funds.

(a) Solid Waste Fund monies for remediation of sites shall be obligated from funds collected by the Alabama Department of Revenue, funds from prior years not previously expended, or funds recovered under rule 335-13-11-.02(3).

(b) Once a site has qualified for remediation using Solid Waste Fund monies, remediation activities shall be funded until the site is properly closed in accordance with the Remediation Plan, as required by rule 335-13-11-.03(3).

(7) Nothing in chapter 335-13-11 shall establish liability or responsibility on the part of the Department or the State of Alabama to pay remediation costs from a source other than the Solid Waste Fund, nor to make payments for remediation costs if the Solid Waste Fund is insufficient to do so.

(8) The Department and the State of Alabama shall have no liability or responsibility if the property owner or party responsible defaults in payment for remedial actions undertaken by the property owner or party responsible to remediate an unauthorized dump.

Ala. Admin. Code r. 335-13-11-.02

Amended: Filed April 21, 2009; effective May 26, 2009.

Authors: Phillip D. Davis, Brent A. Watson

Statutory Authority:Code of Ala. 1975, §§ 22-27-2, 22-27-7, 22-27-10, 22-27-12.