Ala. Admin. Code r. 335-6-16-.06

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

Section 335-6-16-.06 - Loss and Restoration of Tank Trust Fund Eligibility

(1) If at the time of discovery of a release, the Department determines that an owner or operator has failed to establish Tank Trust Fund eligibility in accordance with Rule 335-6-16-.04 or .05, response action costs and third party claims associated with that release are not eligible for coverage by the Tank Trust Fund.

(2) If at any time after the determination of eligibility for Tank Trust Fund coverage, the Department determines that an owner or operator has failed to maintain Tank Trust Fund eligibility, the Department will provide notice to the owner or operator of such failure to maintain eligibility. The owner or operator shall have thirty (30) days from receipt of such notice, or such other time period as the Department may allow, to provide evidence of compliance with all Tank Trust Fund eligibility requirements. If, after completion of this time period, the owner or operator fails to resolve the non-compliance, the Department shall issue a notice of Tank Trust Fund ineligibility and enforcement actions including penalty assessment may be initiated.

Effective June 1, 1989. Amended: Filed March 18, 1994; effective April 22, 1994.

Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Authors: Sonja Massey, James Stevens, Gregory Stephens, James Thrash

Statutory Authority:Code of Ala. 1975, § 22-35-5.