Ala. Admin. Code r. 335-4-2-.03

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

Section 335-4-2-.03 - Scrap Tire Fund

The STF may be used by the Department to pay for the cost of remediation at a scrap tire site on the Site Ranking System.

(a) A scrap tire site will be eligible for remediation utilizing the STF if either of the following occurs:

1. The responsible party cannot be identified, and the site is located on property owned by an innocent landowner; or

2. The responsible party has been identified and refuses to remediate the site.

(b) If the responsible party refuses to remediate a scrap tire site after notice from ADEM, and the STF is used to remediate the site, ADEM may through a civil action in circuit court recover all costs incurred during the site remediation. Recoverable costs may include, but are not limited to, legal expenses for remediation or cost recovery, utilization of remediation contractors, vector control, disposal costs, administrative costs, and other associated costs.

(c) An innocent landowner shall not be liable for remediation costs if that person works cooperatively with ADEM to remediate the site. The innocent landowner shall complete the following:

1. Provide site access to ADEM or its representatives.

2. Restrict site access.

3. Provide all information the landowner may have regarding the source(s) of the scrap tires and cooperate with ADEM in enforcement of the Act and 335-4 in determining the responsible party and recovering cost of remediation.

4. Remove other wastes or impediments to cleanup, if required.

5. Comply with the regulatory requirements of 335-4.

(d)Obligation of Funds.

1. STF monies for remediation of sites shall be obligated on an annual basis from funds collected the previous fiscal year by ADOR, funds not previously expended, or funds recovered under 335-4-2-.03(b).

2. Once a site has qualified for remediation using STF monies, remediation shall be continuously funded until the site is closed.

(e) Nothing in 335-4 shall establish liability or responsibility on the part of ADEM, the STC or the State of Alabama to pay remediation costs from a source other than the STF, nor to make payments for remediation costs if the STF is insufficient to do so.

(f) ADEM, the STC or the State of Alabama shall have no liability or responsibility if the owner or operator defaults in payment for remedial actions undertaken by the owner or operator to remediate a scrap tire site.

(g) If funds from a financial assurance instrument are deposited in the STF in accordance with 335-4-8-.01(4), those funds shall be used exclusively for closure or remediation of the site or facility covered by the financial assurance instrument. The site or facility does not have to be in the Site Ranking System to utilize the funds deposited to the STF. Any funds remaining in the STF after completion of closure or remediation of the site or facility shall remain in the STF for use as allowed by 335-4-2-.03 for closure or remediation at other sites on the Site Ranking System. If there are insufficient funds from the financial assurance instrument to complete closure or remediation, the STF shall be used and ADEM may seek the recoverable cost as described in 335-4-2-.03(b) through a civil action in circuit court.

Ala. Admin. Code r. 335-4-2-.03

New Rule: Filed June 30, 2004; effective August 4, 2004. Amended: Filed February 27, 2007; effective April 3, 2007. Amended: Filed February 23, 2010; effective March 30, 2010.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 09, June 28, 2024, eff. 8/12/2024.

Author: James L. Bryant, M. Gavin Adams, Brent A. Watson; Michael J. Cruise.

Statutory Authority:Code of Alabama 1975, §§ 22-40A-1et seq.