Ala. Admin. Code r. 335-6-16-.17

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

Section 335-6-16-.17 - Insufficient Funds

(1) Nothing in these regulations shall establish or create any liability or responsibility on the part of the Department or State of Alabama to pay any clean-up costs or third party claims from any source than the Fund created by the Code of Alabama Title 22 Chapter 35, nor shall the Department or State of Alabama have any liability or responsibility to make any payments for clean-up costs or third party claims if the Fund is insufficient to do so. In the event the Fund is insufficient to make the payments at the time the claim is filed, such claims shall be paid in the order of filing at such time as moneys are paid into the Fund.

(2) In the event the Tank Trust Fund is insufficient to make full payments for eligible UST or AST owners or operators taking investigative or corrective actions or for satisfaction of third party judgments, at the time the claim is filed, such claims shall be paid in accordance with the provisions described in Rule 335-6-16-.12(2).

(3) The owner of an UST or AST retains responsibility for any liability that cannot be satisfied by the provisions of this Chapter.

Ala. Admin. Code r. 335-6-16-.17

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, 22-35-13.