Ala. Admin. Code r. 335-15-6-.02
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-15-6-.02 - Financial Assurance(1)Public notification of cleanup. Once a Voluntary Cleanup Plan is determined to be complete, the Department will notify the public of the opportunity to submit written comments on the plan through the Department's website and request modifications to the plan no later than 30 days from the date of the notice. It will also, in response to a legitimate request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a Voluntary Cleanup Plan. The Department will give public notice of the hearing at least 30 days before it occurs.(2)Public notice procedures. Public notice of activities described in 335-15-6-.02(3) shall be given by the following methods: (a) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under 335-15-6-.02(2)(a) may waive his right to receive notice): 2. Persons who request in writing to be placed on a mailing list developed for the program: (i) Including those who request in writing to be on the list;(ii) Soliciting persons for area lists from participants in past voluntary cleanup proceedings in that area; and(iii) Notifying the public of the opportunity to be put on the mailing list through the Department's website. The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request; and3. Governmental Agencies: (i) To any unit of local government having jurisdiction over the area where the voluntary cleanup facility is located; and(ii) To each State agency having any authority under State law with respect to the construction or operation of such facility.(b) Publication of a notice shall be posted on the Department's website.(3)Content. All public notices issued under 335-15-6 shall contain the following information: (a) Name and address of the office processing the voluntary cleanup action for which the notice is being given;(b) Name and address of the applicant and, if different, of the site or activity regulated by the voluntary cleanup action;(c) A brief description of the proposed cleanup action to be to be conducted at the site or activity described in the Voluntary Cleanup Application;(d) Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft application; and(e) A brief description of the comment procedures, including a statement of procedures to request a hearing.(4)Departmental Review. After considering all comments submitted during the public comment period and public hearing (if held), the Department will approve or disapprove the Voluntary Cleanup Plan within 30 days of the close of the comment period. In the event that the Voluntary Cleanup Plan is not approved, the Department shall provide the applicant with a statement of reasons for the denial. The applicant must modify the Voluntary Cleanup Plan or submit a new Voluntary Cleanup Plan for approval within 30 days after receiving such written statement. The Department will approve or modify this Voluntary Cleanup Plan in writing within 60 days of receipt. If the Director modifies the Voluntary Cleanup Plan, this modified Voluntary Cleanup Plan becomes the approved Voluntary Cleanup Plan. A copy of the modified Voluntary Cleanup Plan with a detailed statement of reasons for the modifications must be mailed to the applicant.Ala. Admin. Code r. 335-15-6-.02
New Rule: Filed April 11, 2002; effective May 16, 2002. Amended: Filed October 21, 2004; effective November 25, 2004.Amended by Alabama Administrative Monthly Volume XL, Issue No. 07, April 29, 2022, eff. 6/13/2022.Authors: Fred A. Barnes; Keith N. West; Lawrence A. Norris; Stephen A. Cobb; Pamela L. Monaghan
Statutory Authority:Code of Ala. 1975, § 22-30E-4.