Title 22 — Title 22

(a) There is hereby established within the State Treasury a special revenue fund to be known as the Alabama Hazardous Substance Cleanup Fund. All federal grants, state appropriations, penalties, reimbursements and any other funds collected pursuant to this chapter are hereby appr…

(a) In relation or addition to the powers set forth in this section and any other provisions of laws of this state, the department is empowered, with regard to the regulation, control, or removal of hazardous substances as follows: (1) To respond to, direct, or initiate cleanup o…

Plan; Public Comment Period; Orders; Notice and Hearing; Payment and Reimbursement of Expenses; Appeal; Recovery of Expenses by Order or Civil Action; Penalties. (a) The director shall identify inactive or abandoned hazardous substance sites, as defined herein, within the State o…

In determining the scope, nature and content of a hazardous substance cleanup plan the director shall evaluate reasonable alternatives and select or approve those actions which he determines are necessary to protect human health and the environment. The goal of any pertinent acti…

(a) The director shall, on or before January 1, 1989, and annually thereafter on January first of each succeeding year, transmit an updated annual report to the commission, the Legislature, and the Governor. Each annual report shall include, but need not be limited to, the follow…

Order or Civil Action; for What Costs Fund May Be Reimbursed; Contributions Among Liable Parties; Declaratory Judgment Action to Determine Apportionment. (a) Liable parties shall be liable to the state for amounts expended for the investigation, identification, containment and cl…

No action may be commenced against the director, any employee of the department, or any person under contract with the department for damages as a result of actions taken or omitted in the course of performing duties or functions under this chapter or in the course of rendering c…

When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) COMMERCIAL SITE FOR THE DISPOSAL OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. A site or facility receiving hazardous waste or hazardous substances…

The Legislature finds that: (1) The state is increasingly becoming the nation’s final burial ground for the disposal of hazardous wastes and materials; (2) The volumes of hazardous wastes and substances disposed in the state have increased dramatically for the past several years;…

The monthly report herein required shall be sworn to before some officer authorized to administer oaths, and any false or fraudulent statement to a material fact made with an intent to defraud shall constitute perjury, and upon conviction thereof the person so convicted shall be …

Any operator of a commercial site for the disposal of hazardous waste or hazardous substances shall maintain written records of all such waste or substances received for disposal at the site and all waste or substances disposed of at the site. Said records shall contain the names…

Any operator who shall violate any of the provisions of this chapter and shall fail to correct such violation within 60 days after notice to the operator in the manner provided in Section 22-30B-7 may be restrained from continuing in business, and the proper prosecution shall be …

Any operator subject to this chapter who, after September 30, 1992, pays increased fees for disposal of waste and substances which have been generated inside of Alabama shall be entitled to a credit of $72 per ton for the amount of such waste generated inside Alabama and disposed…

Duties; Penalty. (a) It shall be unlawful for any person to print or publish in any manner whatever the fee report of any operator or any part thereof or the fees due thereon or to divulge to any person, except persons required or authorized to collect or audit or assist in colle…

The reports and records shall remain in the office of the Department of Revenue and shall not be open to public inspection. History: (Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §16.)

The Commissioner of Revenue shall fully cooperate with county officials for the successful administration of the county fee levied in Section 22-30B-4 and have the authority to develop and promulgate reasonable rules and regulations as needed to administer the provisions of this …

The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws. The provisions of this chapter are to be construed in pari materia with the provisions of the Southeast Interstate Low-Level Radioactive Waste Management Compact, Section 22-32-1, et se…

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-412 EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §8.)

In addition to all other fees levied and collected prior to September 30, 1992, beginning on June 1, 2013, there is hereby levied fees on waste received for disposal to be paid by the operators of each commercial site for the disposal of hazardous waste or hazardous substances as…

(a) There is hereby provided to all counties having less than 25,000 population and wherein on April 17, 1990, a commercial site for the disposal of hazardous waste or hazardous substances is located, an annual payment of two and one-half percent of the gross receipts generated b…

For the purpose of providing funds, not to exceed $4,500,000.00 during any fiscal year of the state, for the Alabama Public Health Finance Authority to pay at their respective maturities the principal of premiums, if any, and interest on any bonds issued by it under the provision…

No commercial site for the disposal of hazardous waste and hazardous substances shall during any calendar year receive and dispose of more than 600,000 tons of waste that cannot be legally disposed of in a solid waste landfill permitted under Subtitle D of RCRA 42 U.S.C. §6941. P…

In addition to all other fees levied herein, there is also hereby levied a fee to be paid by the operators of each commercial site for the disposal of hazardous waste or hazardous substances in the amount of $1.00 per ton on all wastes or substances disposed of at such site, to b…

The proceeds from the fee herein levied, less the Department of Revenue’s actual cost for administration and collection, not to exceed 10 percent, shall be deposited into the General Budgetary Fund of the State to be used for general operations unless provided otherwise in this c…

Funds guaranteed to any county as set forth in Section 22-30B-2.1 shall be appropriated and expended for such purposes as provided by local act. History: (Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §4; Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §6; Act 2013-174, p. 325, §1; …

Nothing in this title or any other law shall prevent any local law levying an additional fee to be paid by the operators of commercial sites for the disposal of hazardous waste or hazardous substances. History: (Acts 1990, No. 90-326, p. 448, §9; Act 2013-174, p. 325, §1; Act 201…

All state fees levied under this chapter shall be paid to the State Department of Revenue no later than the thirtieth day of the month next following receipt of such hazardous waste or hazardous substance for disposal. Any person, firm or corporation which fails to pay the fee he…

If no fee as defined herein is due from any operator covered by the provisions of this chapter, the operator nevertheless shall be required to submit the monthly reports as required herein; failure to submit such monthly reports may result in the assessment of a penalty by the De…

Any operator covered by the provisions of this chapter who willfully renders a false or fraudulent report, shall be assessed by the Department of Revenue a penalty of 50 percent of the total amount of the fees due. History: (Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §7.)

The fee, together with interest and penalties imposed by this chapter, shall be a lien upon the property of the operator which is subject to the provisions of this chapter, and the provisions of the revenue laws of the State of Alabama applying to liens shall apply fully to the f…

This chapter may be cited as the “Chemical Weapons Destruction Limitation Act.” History: (Acts 1997, No. 97-708, p. 1459, §1.)

The Legislature finds that the sense of the Anniston community is that the continued storage of the Army’s chemical stockpile at the Anniston Army Depot poses a risk that the community wants eliminated in a safe and efficient manner. The current Army disposal plan poses a much lo…

The Army, having committed to the safe and complete disposal of the Anniston Army Depot stockpile, shall only process and destroy at its Anniston Demilitarization Facility the stocks stored there as of the date of its contract with a commercial company to do so. No other material…

The Army shall comply with its stated and written plan to close the demilitarization facility in accordance with the Resource Conservation and Recovery Act (RCRA), once the current stockpile at the Anniston Army Depot has been completely and safely destroyed. History: (Acts 1997,…

This chapter shall be known and cited as “The Alabama Drycleaning Environmental Response Trust Fund Act.” History: (Act 2000-740, p. 1624, §1.)

(a) The department shall receive an administration allowance as set forth in Section 22-30D-11. Administration cost incurred by the board and actual costs of the department in rulemaking and oversight of all the provisions of this chapter shall be paid from the fund. (b) After pa…

(a) There is hereby appropriated from the fund to the department for the fiscal year beginning in the 2001-2002 fiscal year, and for each following fiscal year, the sum of seventy-five thousand dollars ($75,000). In addition, the department shall be entitled to be paid from the f…

No later than August 23, 2000, the department shall notify owners and operators and wholesale distributors of the provisions of this chapter, the required timely payment of registration fees, the deadlines for payment thereof, and the manner in which late charges may be applied. …

(a) The Legislature of the State of Alabama makes the following findings and declarations: (1) The soils, water, and air of this state constitute unique and delicately balanced resources. (2) The protection of these resources is vital to the economy of this state. (3) The preserv…

Unless otherwise defined in this chapter, the definitions of terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of this chapter, the following terms have the following meanings: (1) ABANDONED DRYCLEANING FACILITY. Any real property premises or…

(a)(1) All owners and operators and all wholesale distributors shall elect by May 24, 2001, to be covered or not to be covered by this chapter and shall do so by notifying the department in writing that the owner or operator or wholesale distributor elects to be covered or not to…

(a) There is hereby created the Alabama Drycleaning Environmental Response Trust Fund, hereinafter referred to as the “fund.” The fund as so created shall be administered and used by the board as a drycleaning industry self-insurance program for the benefit of those persons elect…

(a) No later than May 24, 2001, each owner or operator of a drycleaning facility located in this state who shall notify the department that it elects to be covered by this chapter shall also register each drycleaning facility owned or operated in the state by such owner or operat…

(a) Prior to the approval of an expenditure of any monies under this chapter with respect to payment for costs incurred for investigation, assessment, and, if necessary, remediation at a particular site, every owner or operator covered by this chapter, person owning any abandoned…

(a) There is hereby created the Alabama Drycleaning Environmental Response Trust Fund Advisory Board consisting of seven persons who are residents of the state appointed by the Governor of the state and confirmed by the Senate of the state. The members of the board shall be compo…

(a)(1) Except as otherwise preempted or limited by applicable federal law, upon reporting to the department and the board of any contamination or suspected contamination, no owner or operator, wholesale distributor, impacted third party, adjacent landowner, or person owning any a…

This chapter shall be known and may be cited as the “Alabama Land Recycling and Economic Redevelopment Act.” History: (Act 2001-635, p. 1225, §1.)

(a) The Legislature declares that, in order to achieve the economic redevelopment and site rehabilitation of contaminated properties in accordance with this chapter, it is imperative to encourage financing of real property transactions involving qualifying property. Accordingly, …

(a) Beginning on August 21, 2001, the department shall compile and update as necessary an inventory of all qualifying properties for which a voluntary properties assessment plan or cleanup plan has been approved by the department. At least annually, beginning July 1, 2002, the de…

REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Act 2001-635, p. 1225, §1.)