Alabama Administrative Code Title 287 - ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND ADVISORY BOARD
The Alabama Administrative Code, Title 287, is the regulatory framework for the Alabama Drycleaning Environmental Response Trust Fund Advisory Board. This Board and the associated Trust Fund were created by the Alabama Legislature through the Alabama Drycleaning Environmental Response Trust Fund Act (Code of Alabama 1975, §22-30D-1 et seq.).
The primary purpose of this Board and Fund is to provide a mechanism for the investigation, assessment, and remediation of environmental contamination resulting from drycleaning operations in Alabama. It operates as a voluntary drycleaning industry self-insurance program.
Here's a breakdown of the key aspects covered in Title 287:
Chapter 287-1-1 - THE ALABAMA DRYCLEANING ENVIRONMENTAL RESPONSE TRUST FUND: This is the main and currently only active chapter within Title 287. It sets forth the core rules for the fund's operation.
Legal Authority: The rules derive their authority from the Alabama Drycleaning Environmental Response Trust Fund Act.
Definitions (Rule 287-1-1-.01): Defines crucial terms like "drycleaning facility," "abandoned drycleaning facility," "wholesale distributor," "impacted third party," "adjacent landowner," and "potentially eligible parties" (PEPs).
Application for Coverage (Rule 287-1-1-.02): This rule is vital as it outlines the process for drycleaners, wholesale distributors, owners of abandoned facilities, impacted third parties, and adjacent landowners to apply for coverage under the Trust Fund. This involves submitting specific forms and certifying that all required fees have been paid.
Administrative Guidelines for Payment from the Fund (Rule 287-1-1-.03): This rule details the procedures for submitting requests for payments from the Fund for eligible costs. These costs primarily include:
Investigation and assessment of contamination or suspected contamination.
Remediation (cleanup) of contamination according to an approved plan (e.g., affected soil and water).
It emphasizes that the Fund is not intended to pay costs not integral to remediation.
Approved Drycleaner Environmental Consultant (ADEC) (Rule 287-1-1-.04): This rule establishes the criteria for environmental consultants to be approved by the Board to perform work (initial investigations, property assessments, property remediation) under the Fund. It clarifies that ADECs are not beneficiaries of the Fund and their claims are against the PEPs who hired them. The Board maintains a list of approved ADECs.
Approval of Consultants (Rule 287-1-1-.05): Details the process for the Board to approve environmental consultants.
Purpose and Responsibilities of the Alabama Drycleaning Environmental Response Trust Fund Advisory Board:
The Board, as established by the Code of Alabama 1975, §22-30D-8, consists of seven persons representing drycleaning facility owners (different sizes), wholesale distributors, an environmental group, and the environmental engineering community. Ex-officio members include the State Health Officer, a representative of ADEM, and a representative of the Geological Survey of Alabama, serving in an advisory capacity without a vote.
Its primary responsibilities and functions, guided by the administrative code, include:
Administering the Fund: Overseeing the operations of the Trust Fund to ensure it is used appropriately for its intended purpose.
Authorizing Payments: Obligating monies from the Fund to pay for eligible costs incurred by covered parties for the investigation, assessment, and remediation of drycleaning contamination.
Establishing Procedures: Setting forth the detailed procedures for submitting requests for payments and for the certification of environmental consultants and contractors.
Maintaining Lists: Establishing and maintaining a list of approved Drycleaner Environmental Consultants (ADECs).
Advising on Environmental Response: Working in conjunction with the Alabama Department of Environmental Management (ADEM) to prioritize sites for remediation and ensure effective cleanup.
Oversight of Fees: While the Department of Revenue collects the fees, the Board is involved in the overall management and sustainability of the Fund.
How the Trust Fund is Funded:
The Alabama Drycleaning Environmental Response Trust Fund is primarily funded through annual registration fees paid by:
Owners or operators of drycleaning facilities: They pay a percentage of their gross receipts (up to a maximum, currently not to exceed $25,000 per year). New facilities have an initial fee followed by the percentage of gross receipts.
Wholesale distributors of drycleaning agents: They pay an annual fee (e.g., $5,000 per year).
Owners of abandoned drycleaning facilities: They may pay an annual registration fee for coverage if contamination is discovered at their site.
These fees are collected by the Alabama Department of Revenue and credited to the Trust Fund. Interest and earnings on the fund also accrue only to the fund. The statutes also outline provisions for the balance of the Fund, and when the registration fees become payable (e.g., if the unobligated balance does not exceed $8,000,000, the fee is payable on July 1).
The establishment of this Board and Fund reflects a collaborative effort within Alabama to address historical and ongoing environmental challenges associated with drycleaning solvents, providing a dedicated resource for remediation and pollution prevention within the industry.
You can find the full text of the Alabama Administrative Code, Title 287, on the Alabama Legislative Services Agency's Administrative Code website (admincode.legislature.state.al.us) or through legal information platforms like Justia and Cornell Law School's Legal Information Institute (LII). The official Alabama Drycleaning Environmental Response Trust Fund Advisory Board website (www.drycleaningtrustfund.alabama.gov) is also a key resource for current information, forms, and updates regarding the program.
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