Ala. Code § 22-30E-3

Current through the 2024 Regular Session.

Section 22-30E-3 - Definitions

Unless otherwise defined in this chapter, the definition of all terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as necessary may be adopted as rules and regulations by the department for further implementation of this chapter. Also, as used in this chapter, the following words and terms have the following meanings:

(1) APPLICANT. An owner or operator or prospective purchaser of a qualifying property seeking to participate in the voluntary cleanup program established pursuant to this chapter.

(2) BROWNFIELD REMEDIATION RESERVE FUND. The account or fund authorized by Section 22-30E-5.

(3) BROWNFIELD REMEDIATION RESERVE FUND CONTRIBUTION. An amount provided to the department by a responsible person applicant pursuant to Section 22-30E-5 for deposit into and to be used for the purposes of the Brownfield Remediation Reserve Fund.

(4) CERTIFICATE OF COMPLIANCE. A statement prepared by a professional engineer or geologist licensed to practice in the State of Alabama which certifies compliance with a voluntary cleanup plan required by Section 22-30E-9.

(5) CLEANUP. The cleaning up, remediation, control, or removal of contaminants from the environment in accordance with an approved voluntary cleanup plan.

(6) COMMISSION. The Environmental Management Commission as defined in Section 22-22A-3.

(7) DEPARTMENT. The Alabama Department of Environmental Management.

(8) ENVIRONMENT. The term includes the following, as defined by the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C., § 9601, et seq.:

a. The navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson Fishery Conservation and Management Act.

b. Any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the State of Alabama or under the jurisdiction of the State of Alabama.

(9) FACILITY. The term is synonymous with "property.

(10) HAZARDOUS SUBSTANCE. Any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on May 21, 2001, and subsequent revisions thereof, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on May 21, 2001, and subsequent revisions thereof.

(11) HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITY. Any property or facility which is intended or used for the treatment, storage, or disposal of hazardous waste subject to the permit requirements of Section 22-30-12.

(12) LAND USE CONTROLS. Any restriction or control, which serves to protect human health or the environment, that limits use of or exposure to any portion of a property, including water resources.

(13) LETTER OF CONCURRENCE WITH CONDITIONS. A letter issued by the department to an applicant upon the department's concurrence with the certificate of compliance that pertains to the response action and contains a legal description.

(14) OWNER or OPERATOR.

a. The term includes the following:

1. In the case of a facility, any person who is the owner or operator of the facility.

2. Any person who owned, operated, or otherwise controlled activities at a facility immediately prior to title or control of the facility being conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government.

b. The term does not include a person who can show evidence of ownership or a deed in lieu of foreclosure primarily to protect that person's security interest in the facility or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances from the facility.

c. The term does not include a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign. However, this exclusion shall not apply to any state or local government which has caused or contributed to the release of hazardous waste, hazardous constituents, or hazardous substances from the facility.

(15) PERSON. Any individual, corporation, general or limited partnership, limited liability company or partnership, joint venture, association, trust, unincorporated organization, or governmental authority.

(16) POST-REMEDIATION COSTS. Includes all costs to which all of the following apply:

a. Are incurred after issuance of the Letter of Concurrence with Conditions for, or with respect to, the investigation, assessment, cleanup, remediation, control, or removal of contaminants resultant from, in whole or part, a preexisting release at the qualifying property that were identified and addressed in reports, assessments, or plans approved by the department to demonstrate compliance with the risk reduction standards from the qualifying property.

b. Are not incurred as a result of noncompliance with the applicable response action or land use controls within the environmental covenant by the applicant.

(17) PREEXISTING RELEASE. A release which occurred prior to an applicant's application for a limitation of liability pursuant to Section 22-30E-9.

(18) PROPERTY. The term is synonymous with "facility" and includes the following:

a. Any land, building, structure, installation, equipment, pipe or pipeline, sewer or publicly owned treatment works, pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, or storage container.

b. Any site or area where a hazardous waste, hazardous constituent, hazardous substance, or petroleum product has been deposited, stored, disposed of, placed, or has otherwise come to be located.

(19) PROSPECTIVE PURCHASER. A person who intends to purchase a qualifying property.

(20) QUALIFYING PROPERTY. A property which meets the criteria of Section 22-30E-6.

(21) RELEASE. Any intentional or unintentional act or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles, of any hazardous waste, hazardous constituent, petroleum products, or hazardous substance.

(22) REMEDIATION. This term is synonymous with "cleanup.

(23) REMEDIATION COSTS. Includes all costs incurred for, or in relation to, the investigation or cleanup of, equitable relief relating to, or damages resultant from, in whole or in part, either of the following:

a. A preexisting release at a qualifying property, including any liability to the state or any other person for the cleanup of the property under Chapters 22, 27, 30, 30A, and 35.

b. A new release of a substance, constituent, or material which had been a part of a preexisting release at the property, unless the new release results from noncompliance with an approved voluntary property assessment plan or voluntary cleanup plan or from the negligent, wanton, willful, or intentional conduct of the applicant.

(24) RESPONSE ACTION. Those actions taken in the event of a release or threatened release of a hazardous waste, hazardous constituent, petroleum product, or hazardous substance into the environment to remove, prevent, or minimize the release of hazardous waste, hazardous constituents, petroleum products, or hazardous substances so that they do not pose a threat to public health or the environment.

(25) RESPONSIBLE PERSON. Except as otherwise provided, any person who has contributed or is contributing to a release of any hazardous waste, hazardous constituent, or hazardous substance at a property. This term specifically includes those persons described in Sections 107(a)(1) through 107(a)(4) of the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C., §_9601, et seq. This term specifically excludes a responsible person applicant for those matters addressed in the assessment plan and those persons described in Section 107(b) of the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C., § 9601, et seq.

(26) RESPONSIBLE PERSON APPLICANT. Any owner or operator who makes application and submits an assessment plan for a qualifying property into the voluntary cleanup program and who has been accepted by and whose assessment plan has been approved by the department.

(27) RISK ASSESSMENT. A written site specific evaluation of the risks to human health and the environment posed by conditions at a site.

(28) VOLUNTARY CLEANUP PLAN. A voluntary cleanup plan approved under Section 22-30E-9.

(29) VOLUNTARY CLEANUP PROPERTIES INVENTORY. The Voluntary Cleanup Properties Inventory compiled and updated by the department pursuant to Section 22-30E-11.

(30) VOLUNTARY PROPERTY ASSESSMENT PLAN. A voluntary property assessment plan approved under Section 22-30E-9.

Ala. Code § 22-30E-3 (1975)

Amended by Act 2023-356,§ 1, eff. 9/1/2023.

Act 2001-635, p. 1225, §1.