Ala. Admin. Code r. 335-6-16-.11
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-16-.11 - Requirements for Tank Trust Fund Coverage of Third-Party ClaimsAn eligible owner or operator is entitled to Tank Trust Fund coverage for third party claims resulting from the release of motor fuels from an UST or AST, subject to the following provisions:
(a) The Department was notified by the owner or operator within thirty (30) days of receipt of notice of the third-party liability suit.(b) The owner or operator was in substantial compliance at the time a release occurred and at the time the third-party suit is filed.(c) The third-party liability suit must name the Fund, and the owner or operator.(d) The third party obtains a final judgment or a settlement approved by the Attorney General in that action enforceable in this state.(e) The eligible UST owner or operator submits proof of payment of the first $5,000 of a final judgment or settlement, or in the case of an eligible AST owner or operator the first $10,000 of a final judgment or settlement or such other amount as may be established by the Commission.Ala. Admin. Code r. 335-6-16-.11
Effective June 1, 1989. Amended: Filed March 18, 1994; effective April 22, 1994.Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.Authors: Sonja Massey, James Stevens, Gregory Stephens, Dorothy Malaier, James Thrash
Statutory Authority:Code of Ala. 1975, § 22-35-5.