Alabama Administrative Code Title 287 - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND ADVISORY BOARD
Here’s an enhanced overview of Alabama Administrative Code, Title 287 — Drycleaning Environmental Response Trust Fund Advisory Board (Agency 287):
📁 Chapter 287‑1‑1 – The Alabama Drycleaning Environmental Response Trust Fund
🔹 Section .01 – Definitions
Establishes key terms—including Contamination, Trust Fund, Advisory Board, Approved Drycleaning Environmental Consultant (ADEC), Potentially Eligible Parties (PEPs), and more—to define scope and stakeholders under Ala. Admin. Code r. 287‑1‑1‑.01 (regulations.justia.com).
🔹 Section .02 – Application for Coverage
Outlines the process for PEPs—owners/operators, wholesale distributors, adjacent landowners—to apply for reimbursement of cleanup, assessment, or investigation costs using board-issued forms. In-depth application requirements include identity, site details, certified interim cost estimates, and confirmation of fee payments. Approved by rule since May 1, 2003 (law.cornell.edu).
🔹 Section .03 – Administrative Guidelines for Payment
Details the Board’s reimbursement process:
Defines eligible site types and contamination eligible only from May 24, 2000 onward.
Requires background fee compliance and Department reporting.
Sets annual site-specific funding cap at $250,000 (unless there's imminent hazard) and maintains a minimum Fund reserve of $1,000,000 (drycleaningtrustfund.alabama.gov, drycleaningtrustfund.alabama.gov).
🔹 Section .04 – Approved Consultant Criteria
Specifies that ADECs do not claim directly from the Fund. The Board maintains 3 consultant categories—initial investigation, assessment, and remediation. ADECs may qualify in multiple categories (law.cornell.edu).
🔹 Section .05 – Consultant Approval & Standards
Defines rigorous criteria for ADEC application and renewal, including:
Organizational structure, staffing, qualifications, licenses (engineers, geologists).
Insurance requirements ranging from professional liability to auto/worker’s comp.
Contractual obligations specifying use of Fund’s reasonable rate schedule.
Ongoing compliance prerequisites, oversight, periodic reviews, removal processes for noncompliance, and re‑application restrictions (drycleaningtrustfund.alabama.gov).
🛠 How This System Works
Eligibility & Application
PEPs file board-issued forms with details such as site descriptions, cost estimates, and fee confirmations (§.02).
Board Review & Funding Caps
Reviewed for eligibility, site priority, and available balances. Funding limits include a $250k per-site cap and a $1M Fund minimum unless emergencies arise (§.03).
Consultant Oversight
ADECs may operate only if board-approved, adequately insured, and compliant with environmental standards (§§ .04–.05). They maintain documentation and attest they follow state-approved methodologies.
Review & Accountability
The Board can refuse or reclaim funding for noncompliant ADECs or incomplete applications. Appeals are available under the Alabama Administrative Procedure Act (§.03 notes limitations and review processes) .
🔍 Where to Find the Full Text
Alabama Administrative Code Portal: live version with rule dates and updates.
Justia/Regulations.justia: chapters and sections listing (§287‑1‑1‑.01–.05) (regulations.justia.com).
Cornell LII: searchable code and provisioning details (§.02–.04) (law.cornell.edu).
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