Statutes, codes, and regulations
Alabama Administrative Code
Title 335 - ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENTWATER DIVISION - WATER QUALITY PROGRAM
Chapter 335-6-16 - ADMINISTRATIVE GUIDELINES AND PROCEDURES FOR THE ALABAMA UNDERGROUND AND ABOVEGROUND STORAGE TANK (TANK TRUST FUND) TRUST FUND
Section 335-6-16-.16 - Approval of Response Action Contractors

Ala. Admin. Code r. 335-6-16-.16

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-6-16-.16 - Approval of Response Action Contractors
(1) Response action contractors will be approved to perform Tank Trust Fund work upon satisfaction of the following:
(a) Response action contractors who wish to perform work under the Tank Trust Fund must demonstrate to the satisfaction of the Department through the submittal of a technical proposal that they have hydrogeological and engineering staff with significant experience in performing investigative and corrective actions for soil and groundwater contamination and knowledge of technical considerations necessary to perform petroleum contamination assessments. The response action contractor must provide services (that include, but are not limited to) tank tightness testing, analytical and emergency response capabilities. The Department shall establish guidance for the preparation of a technical proposal that identifies the information required to be submitted with the technical proposal. The Department will approve those response action contractors that demonstrate the capabilities and expertise, as stated above, to perform Tank Trust Fund response actions. Response action contractors must maintain staff, as stated above, to continue to perform Tank Trust Fund response actions.
(b) The contractor shall maintain liability insurance coverage of the types and in the amounts described in the table below and shall provide certification to the Department of such coverage upon meeting the requirements of (a) above of this Rule, and yearly thereafter.

Type of Policy

Limits of Liability

Description

Worker's Compensation

Statutory

All states

Employer's Liability

$500,000

Automobile Liability

$1,000,000 combined single limit (bodily injury and property damages)

All owned, non-owned, and hired vehicles

General Liability

$1,000,000 combined single limit General Liability

Broad Form Comprehensive General Liability

Umbrella Excess Liability

$3,000,000

This policy is in excess of the underlying General Liability, Worker's Compensation, and Automobile Liability policies.

(2) The Department will provide notice that technical proposals are to be requested by publication of a legal advertisement which will provide interested firms with the information necessary to request instructions for preparation and submittal of technical proposals. Technical proposals shall be independently evaluated by members of a review committee consisting of Department staff members according to the criteria of Subparagraph (1)(a) of this Rule. Contractors satisfactorily meeting the requirements of (1)(a) and (b) above shall be placed on the Department's list of approved response action contractors. This process shall be repeated at yearly intervals to provide interested firms with the opportunity to submit technical proposals for evaluation. Contractors which have previously been approved will not be required to requalify except under the provisions of paragraph (3) below. Contractors which previously submitted technical proposals but did not meet the requirements of Subparagraph (1)(a) of this Rule may submit a subsequent proposal for review at the time of the Department's next yearly request for proposals.
(3) Response action contractors that fail to satisfactorily maintain the requirements of (a) and (b) above, will not be authorized to perform response action work for the Tank Trust Fund until such time a demonstration is made that satisfies the requirements of 1 (a and b) of this Rule. A contractor may lose authorization to perform work for the Tank Trust Fund if, due to the quality or timeliness of work performed by such contractor, progress in achieving appropriate investigative and/or corrective actions at Tank Trust Fund sites has been significantly delayed or inhibited. Information as to why such a contractor should be allowed to again perform work for the Tank Trust Fund may be submitted for evaluation after twelve (12) months. A satisfactory evaluation by the Department will enable the contractor to again perform work for the Tank Trust Fund.
(4) The approval of a response action contractor shall in no way establish liability or responsibility on the part of the Department or the State of Alabama in regards to the services provided by the contractor or circumstances which may occur as a result of such services.
(5) The Department may approve the use of an owner or operator's personnel and equipment for use in performing any or all response actions necessary for the remediation of a site upon satisfaction of the following:
(a) Within 10 days of reporting of a release, or such other time as the Department may allow, the owner or operator shall make a demonstration to the satisfaction of the Department with respect to the capability of the owner or operator's personnel to perform the work in a manner which shall comply with Rules 335-6-15-.21 through 335-6-15-.31 and 335-6-16-.10, with particular consideration being given to the background and experience of the personnel who will perform the work and their knowledge of the technical considerations necessary to perform the response actions for which approval for their use is being requested; and
(b) An owner or operator who performs any or all of the necessary response actions at a site is required to comply with the provisions of Rules 335-6-15-.21 through 335-6-15-.31, and 335-6-16-.10.
(c) An owner or operator must satisfy the liability insurance coverage requirements of Rule 335-6-16-.16(1)(b).
(6) If the Department determines that an owner or operator that is performing response actions is not performing such actions in compliance with Rules 335-6-15-.21 through 335-6-15-.31 and 335-6-16-.10, the Department may require the owner or operator to obtain the services of an approved response action contractor. Any work performed by an owner or operator that is not in compliance with the above referenced rules may not be eligible for reimbursement.

Ala. Admin. Code r. 335-6-16-.16

Effective June 1, 1989. Amended: Filed March 18, 1994; effective April 22, 1994. Amended: Filed August 28, 2003; effective October 2, 2003.
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, § 22-35-3.