Ala. Admin. Code r. 335-15-8-.02

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

Section 335-15-8-.02 - Applicability

(1) The Department will deposit all Brownfield Remediation Reserve Fund contributions into the Brownfield Remediation Reserve Fund.

(2) The Department shall collect from each responsible person applicant a Brownfield Remediation Reserve Fund Contribution in the amount of five hundred dollars ($500) per acre for each qualifying property in addition to the Voluntary Cleanup Program application and oversight fees as described in 335-15-4.

[Note: Application and associated oversight fees are not deposited into the Brownfield Remediation Reserve Fund]

(3) The Contribution to the Brownfield Remediation Reserve Fund will function solely for the administration and purpose of this chapter.

(4) These regulations apply for the Department to use the amounts in the Brownfield Remediation Reserve Fund for post-remediation costs at a qualifying property, provided the amount does not exceed four million dollars ($4,000,000) per property.

(5) The obligations of the Department for the application of amounts in the Brownfield Remediation Reserve Fund, as provided in this chapter, shall not constitute a work of internal improvement, a loan of money, or an extension of credit by the state to any private or corporate enterprise or any individual, association, or corporation. To the extent there are insufficient funds in the fund to be used to pay for remediation costs or post-remediation costs, the Department shall have no obligations or responsibility to pay for or conduct cleanup activities.

Ala. Admin. Code r. 335-15-8-.02

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 05, February 29, 2024, eff. 4/14/2024.

Author: Crystal L. Collins; Lynn T. Roper; Sonja B. Favors; Pamela W. Luckie

Statutory Authority:Code of Ala. 1975, §22-30E-5.