Section 22-30A-1 Legislative findings; purpose and intent of chapter. The Legislature finds that hazardous substances have been treated, stored or disposed of at sites which are inactive or abandoned and that such sites have the potential for deleterious impacts on groundwater, human health or the environment. The Legislature, therefore, declares that it is in the […]
Section 22-30A-10 Right to enter property. The director or his designee shall have the right at reasonable times to enter upon any property upon which a known or suspected inactive or abandoned hazardous substance site is located and any other property which must be entered to have access to the site or to perform or […]
Section 22-30A-11 Violations of chapter; civil penalties. (a) It shall be a violation of the provisions of this chapter for any liable party to: (1) Violate any provision of or time period set forth in any administrative order issued by the director; (2) Destroy or conceal any records relating to hazardous substances or abandoned or […]
Section 22-30A-2 Definitions. When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) CLEANUP. All activities including administrative activities related to the identification, investigation and evaluation of hazardous substance sites and the removal of hazardous substances or other closure or containment of hazardous […]
Section 22-30A-3 Alabama Hazardous Substance Cleanup Fund established; appropriations. (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 appropriated for the purposes provided […]
Section 22-30A-4 Powers of department; use of fund. (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 […]
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director; development and implementation of cleanup 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, […]
Section 22-30A-6 Scope of cleanup plan; factors considered. 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 action shall be cleanup and […]
Section 22-30A-7 Annual report; to whom transmitted. (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 following information for […]
Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney General to recover expenses; administrative 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 […]
Section 22-30A-9 Liability for actions taken or omitted under chapter. 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 […]