Ala. Admin. Code r. 335-6-16-.20

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

Section 335-6-16-.20 - Use of Alternate Financial Assurance Mechanisms

(1) Tank owners or operators seeking approval to use alternate financial assurance mechanisms under 335-6-15-.43 (e.g. private insurance) and discontinue participation in the Tank Trust Fund must:

(a) Measure for the presence of a release where contamination is most likely to be present at the UST site according to procedures acceptable to the Department. In selecting sample types, sample locations, and measurement methods, owners and operators must consider the nature of the stored substances at the site, the type of backfill, the depth to groundwater, seasonal variations, and other factors appropriate for identifying the presence of a release. A Response Action Contractor must be utilized to perform the site investigation; and

(b) Provide a report of the assessment findings to the Department within 60 days of performing the investigation.

(2) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered through this assessment, or by any other manner, owners and operators must:

(a) Report the release and perform corrective actions in accordance with rules 335-6-15-.20 through 335-6-15-.31, and;

(b) Continue to pay the trust fund charge for all underground and aboveground storage tanks registered in Alabama and in-service until all investigations and corrective actions are complete.

(3) Tank owners, operators, or purchasers of a tank system at a site which has been approved to utilize a financial assurance mechanism other than the Tank Trust Fund and which are seeking election to utilize the Trust Fund must file a notice with the Department requesting entry to the Trust Fund. The notice must also include the results of the following:

(a) Prior to entry or re-entry into the Tank Trust Fund after using a financial assurance mechanism other than the Tank Trust Fund, owners and operators must perform an assessment as described in 335-6-16-.20(1)(a). A Response Action Contractor must be utilized to perform the investigation.

(b) If contaminated soils, contaminated groundwater, or free product as a liquid or vapor is discovered under paragraph (3)(a) of this rule, or by any other manner, tank owners and operators must perform corrective actions in accordance with rules 335-6-15-.24 through 335-6-15-.31. Known or suspected releases occurring prior to re-entry into the Tank Trust Fund will not be provided Tank Trust Fund coverage.

(c) Tank owners or operators must perform a system tightness test at most thirty (30) days prior to returning to Trust Fund coverage. The results of the system tightness testing must be acceptable to the Department prior to re-entry into the Fund.

(d) An ADEM inspection must be performed at most thirty (30) days prior to the owner or operator returning to Tank Trust Fund coverage. The results of the inspection must be acceptable to the Department prior to re-entry into the Fund.

Ala. Admin. Code r. 335-6-16-.20

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: Vernon Crockett, Dorothy Malaier, James Thrash

Statutory Authority:Code of Ala. 1975, §§ 22-35-11.