Ala. Admin. Code r. 335-6-16-.15

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

Section 335-6-16-.15 - Tank Trust Fund Payment Procedures

(1) Where the owner or operator has submitted a complete application for payment for response action costs or third party claims but has not paid for these activities or claims, payments will be made by a check written to the Tank Trust Fund Response Action Contractor who provided the response action services or the third party.

(2) Payments from the Tank Trust Fund will be made directly to the eligible owner or operator in cases where the owner or operator submits documentation verifying the owner or operator has paid for response actions.

(3) Where the owner or operator has submitted a complete application for payment for response action costs conducted in accordance with rule 335-6-16-.08(3), but has not paid for these activities or claims, payment will be made by a check written to the Tank Trust Fund Approved Response Action Contractor who provided the investigative response action service. The tank testing method used must be a method which the Department has determined as meeting the release detection requirements of rule 335-6-15-.17.

(4) Contingent upon availability of funds the Department shall process all complete applications for payment within sixty (60) days of receipt of application. If certain costs are considered as not being reasonable or eligible for reimbursement, the Department may issue a check for the amount of the application not in question and provide a fifteen (15) day period in which the owner or operator or contractor may present such information as is necessary to justify the disallowed costs. Following review of such information, the Department may agree to pay the previously disallowed costs, or any portion thereof, or may again disallow the costs for payment.

(5) To ensure adequate funding to protect human health and the environment, funding per occurrence for response actions will be obligated before third party claims. Third party claims will be paid with any remaining balance in the Fund upon confirmation that sufficient funding is available for the payment of response action costs as determined by the Department through the development of a total cleanup cost projection.

Ala. Admin. Code r. 335-6-16-.15

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, §§ 22-35-5, 22-35-8.