Ala. Admin. Code r. 335-15-8-.04

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

Section 335-15-8-.04 - Use Of Brownfield Remediation Reserve Funds

(1) Remediation Reserve Funds may be used for any qualifying property in the state for which remediation reserve fund contributions have been made after December 31, 2023, for which there is not a responsible person.

(2) Use of funds:

(a) To pay the post-remediation costs as defined in 335-15-1-.02 for any qualifying property as described in 335-15-8-.03(1) in the state which was cleaned up or remediated in accordance with the Department approved Voluntary Cleanup Plan, and

(b) Where the established risk reduction standards upon which a cleanup or remediation was previously conducted have changed.

(3) The Brownfield Remediation Reserve Fund may not be used to pay or reimburse any costs incurred for:

(a) Long-term groundwater monitoring;

(b) Utilization of a soil management plan; or

(c) As a result of non-compliance with the applicable response action or land use controls within an environmental covenant.

(4) All reimbursements shall be subject to approval by the Department. Should a site inspection, a review of documentation or other information available to the Department reveal a discrepancy between the work necessary to comply with the post-remediation costs and the expenditures incurred, the Department may deny the application for reimbursement.

Ala. Admin. Code r. 335-15-8-.04

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

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

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