Ala. Admin. Code r. 335-6-16-.03

Current through Register Vol. 42, No. 11, August 30, 2024

Section 335-6-16-.03 - Applicability

(1) The requirements of this chapter apply to all owners and operators of an UST or AST system as defined in 335-6-16-.02 except as otherwise provided for in paragraph 335-6-16-.03(3) of this Rule.

(2) References in this Chapter to response action and closure requirements of ADEM Admin. Code R. 335-6-15-.20 through 335-6-15-.37 shall also be applicable to response actions taken for releases from aboveground storage tanks. Where, due to differences between aboveground and underground storage tank systems, an owner and/or operator cannot comply with the provisions of Chapter 15, Rule 335-6-15-.20 through .37, the Department may waive those provisions of this Chapter which are not applicable to aboveground storage tank systems.

(3) The following UST or AST systems are excluded from the requirements of this Chapter:

(a) State and federal government entities whose debts and liabilities are debts and liabilities of a state or the United States are exempt from the requirements of this chapter.

(b) Any UST or AST system holding hazardous waste listed or identified under Division 14 of the ADEM Administrative Code, or a mixture of such hazardous wastes and motor fuels.

(c) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Chapter 335-6-5 or 335-6-6 of the ADEM Administrative Code.

(d) Equipment or machinery that contains motor fuels for operational purposes such as hydraulic lift tanks and electrical equipment tanks.

(e) Any UST system whose capacity is 110 gallons or less.

(f) Any emergency spill or overflow containment UST or AST system that is expeditiously emptied after use.

(4) Eligible owners or operators are entitled to reimbursement of reasonable costs and coverage for third party claims from the Tank Trust Fund resulting from the release of motor fuels from an UST only for releases that were discovered and subsequently reported after September 30, 1988. Eligible owners or operators are entitled to reimbursement of reasonable costs and coverage for third party claims from the Tank Trust Fund resulting from the release of motor fuels from an AST only for releases that were discovered and subsequently reported on or after August 1, 1993.

Authors: Sonja Massey, Gregory Stephens, James Stevens

Statutory Authority: Code of Ala. 1975, §§ 22-35-1et seq.

History: Effective June 1, 1989. Amended: Filed March 18 1994; effective April 22, 1994. Amended: Filed August 28, 2003; effective October 2, 2003.

Ala. Admin. Code r. 335-6-16-.03