Ala. Admin. Code r. 335-5-1-.07

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

Section 335-5-1-.07 - Process For Entering A Covenant

(1) The owner or operator, the other responsible person or the person conducting an environmental response project may use land use control in lieu of remediating the property to a level supporting unrestricted use. The ADEM organizational unit under which the response action is being conducted shall approve the environmental response project plan which proposes a land use control.

(2) For properties not remediated to a level supporting unrestricted use, an environmental covenant is required in accordance with 335-5-1-.02. To enter an environmental covenant, the owner or operator, the other responsible person or the person conducting an environmental response project shall submit the following to the ADEM organizational unit under which the response action is being conducted:

(a) A draft of the proposed environmental covenant.

(b) The applicable fees in Fee Schedule J of 335-1-6 and 335-5-1-.06.

(c) All pertinent information required in 335-5-2-.01(1).

(3) ADEM shall review and approve the draft covenant or request modifications. If requesting modifications to the draft covenant, ADEM shall provide the applicant with its reasons for requesting change. Upon submittal by the applicant of acceptable modifications, ADEM shall approve the draft covenant.

(4) Within 30 days of ADEM's approval of the draft covenant, the applicant shall submit one copy of the final covenant signed by the Grantee, which complies with 335-5-2 for execution by the Director or his designee. Upon execution by the Department, the signed copy shall be returned to the applicant.

(5) Upon receiving the executed copy of the covenant from ADEM, the applicant shall have the covenant or an ADEM approved recording instrument, as described in 335-5-3-.02(3), recorded in the land records of the county where the site is located, in compliance with 335-5-3-.02.

(6) Documentation of the recorded covenant or the ADEM approved recording instrument shall be submitted to ADEM within 30 days of recording in compliance with 335-5-3-.02.

Ala. Admin. Code r. 335-5-1-.07

New Rule: Filed April 21, 2009; effective May 26, 2009. Amended: Filed February 19, 2013; effective March 26, 2013.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 10/4/2019.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 03, December 29, 2023, eff. 2/12/2024.

Author: James L. Bryant; Lawrence A. Norris, Sonja B. Favors, Lynn T. Roper, and Pamela W. Luckie.

Statutory Authority:Code of Ala. 1975, §§ 35-19-3; 35-19-13.