Ala. Admin. Code r. 335-16-7-.03

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

Section 335-16-7-.03 - Cleanup Inventory List

(1)Cleanup Inventory List. The Department shall compile and update as necessary an inventory of all qualifying properties for which a property assessment plan or remediation plan has been approved by the Department. No later than July 1st of each year, the Department shall send a copy of the inventory with the properties listed by county to the clerk of each probate court of the state, who shall place and maintain the most current copy of the inventory in the room or rooms in which the deed records of the county are kept. The inventory shall be called the Cleanup Properties Inventory. The inventory shall include all the following information:

(a) The name of the property or another description identifying the property.

(b) The location of the property.

(c) The name of the owner of the property at the time of the property's inclusion in the inventory.

(d) A general description of the property assessment or remediation plan.

(e) A description of the contaminant types and levels to which the site has been remediated if the levels are less stringent than those required for unrestricted residential use.

(2)Placement on the Cleanup Inventory List. Upon the Department's approval of the property assessment and/or the remediation plan, the property shall be placed on the cleanup inventory list.

(3)Restricted Use.

(a) The property owner of any property listed on the inventory which is designated as having been cleaned up to standards less stringent than those required for unrestricted residential use shall include the following notice in any deed, mortgage, deed to secure debt, lease, rental agreement, or other instrument given or caused to be given by the property owner which creates an interest in the property: "This property has been listed on the state's Cleanup Properties Inventory and has been cleaned up to standards less stringent than those required for unrestricted residential use due to the presence of substances regulated under state law. Certain uses of this property may require additional remediation. Contact the property owner or the Alabama Department of Environmental Management for further information concerning this property."

(b) If warranted by further active or passive remediation that results in the reduction of contamination to unrestricted residential use levels, this notice may be removed in accordance with 335-16-7-.03(4).

(4)Unrestricted Use. Upon a written determination by the Department that a property has been cleaned up to standards suitable for unrestricted residential use, the notices required by 335-16-7-.03(3)(a) shall be removed from the subject property records for the property.

Author: Lawrence A. Norris

Ala. Admin. Code r. 335-16-7-.03

New Rule: Filed June 20, 2003; effective July 25, 2003.

Statutory Authority:Code of Ala. 1975, § 22-30D-4, 22-30D-11.