Ala. Admin. Code r. 335-6-16-.08

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

Section 335-6-16-.08 - Authorized ADEM Disbursements of Tank Trust Funds

(1) Whenever in the Department's determination a release of motor fuels may pose a threat to the environment or the public health, safety or welfare, and the owner or operator of the underground or aboveground storage tank has been found to be eligible for Tank Trust Fund coverage, the Department shall, subject to the provisions of this chapter, assign a release incident number to the release and disburse monies available in the fund to provide for:

(a) Investigation, assessment and remediation of sites contaminated by a release of motor fuels in accordance with the requirements of Chapter 335-6-15 of the ADEM Administrative Code which may consist of clean-up of affected soil and waters, using cost effective alternatives that are technologically feasible and reliable, and that provide adequate protection of the public health, safety and welfare and minimize environmental damage, in accordance with corrective action requirements of Chapter 335-6-15 of the ADEM Administrative Code.

(b) The interim replacement and permanent restoration of potable water supplies.

(2) Monies held in the Fund shall be disbursed for making payments to third parties who bring suit relative to an UST or AST release against the Director, in his official capacity as representative of the Fund, and the owner or operator of an UST or AST who is in substantial compliance as stated in this chapter, when such third party obtains a final judgment in that action which is enforceable in this State or a settlement agreement approved by the Attorney General and the eligible owner or operator submits proof of payment of the first $5,000 in the case of a UST or in the case of a AST the eligible owner or operator submits proof of payment of the first $10,000.

(3) When, in an effort to determine the source of a release, an owner or operator is required by the Department or other emergency management agency to perform testing of tanks and associated piping or investigative actions, and the Department determines the source of the subject release to be other than the tanks or piping for which the testing or investigative actions were required, the Department shall, where the owner or operator has been found to be eligible for Tank Trust Fund coverage, and subject to the provisions of this chapter, disburse monies available in the Tank Trust Fund to provide for the cost of testing of tanks, piping and investigative actions, to the extent required by the Department.

(4) When, the responsible party is required by the Department to perform investigative or corrective actions, and that responsible party is no longer able, due to death or other circumstance, to administer the signature and/or administrative role of the responsible party, the responsible party or the Personal Representative of their Estate may designate in writing in a form approved by the Department, another person to have the authority, other than an Approved Response Action Contractor, to enter into a contract with an Approved Response Action Contractor and continue the required investigative and corrective actions in accordance with the rules of this chapter.

(5) When the responsible party is required by the Department to perform investigative or corrective actions, and that responsible party is no longer able, due to death or other circumstance, to administer the signature and/or administrative role of the responsible party, and the responsible party or the Personal Representative of their Estate fails to designate another person within a reasonable amount of time (not to exceed 120 days) to oversee the corrective action activities, or a responsible party fails or refuses to perform the requested investigative or corrective action for any other reason, then the Department may select a Response Action Contractor to perform the investigative or corrective action at the site, in accordance with the following:

(a) All Response Action Contractors must be approved in accordance with ADEM Admin. Code r. 335-6-16-.16.

(b) The Department will utilize a procurement procedure in accordance with state law to obtain investigative and corrective action services and will award contracts with selected Response Action Contractors. The selection process will be based on the submittal of technical proposals which will contain information regarding the firm's personnel, experience and knowledge of investigation and corrective action activities.

(c) All Response Action Contractors shall be compensated according to the Trust Fund Reasonable Rates based on Cost Proposals approved by the Department.

Ala. Admin. Code r. 335-6-16-.08

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, Dorothy Malaier, James Thrash

Statutory Authority:Code of Ala. 1975, §§ 22-35-4, 22-35-5, 22-35-9, 22-35-8.