Drycleaning Trust Fund Program - Alabama Department of ...

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335-16-1-.025. Prison, hotel, motel, or industrial drycleaners not providingservices to the general public, hospitals, or nursing homes; or6. Any facility owned or leased by any owner or operator who shallelect not to be covered by the Act.(t) "Engineer" means a person registered as a professional engineerwith the State of Alabama Board of Registration for Professional Engineers andLand Surveyors.(u) "Eligible entity" means any person owning a drycleaning facility,abandoned drycleaning facility, or a wholesale distribution facility, or animpacted third party, or adjacent landowner(s) who elected to be covered by theAct.(v) "Eligible site" means any drycleaning facility, abandoneddrycleaning facility, wholesale distribution facility, or adjacent land that iscovered by the Act as a result of election for coverage by the owner, operator orimpacted third party.(w)"EPA" means the United States Environmental Protection Agency.(x) "Existing drycleaning facility" means any drycleaning facilitywhich is currently in operation and that was in operation prior to May 24, 2000and has elected to be covered under the Act.(y)"Facility" is a term synonymous with "site".(z) "Fund" means the Alabama Drycleaning Environmental ResponseTrust Fund created by Code of Alabama 1975 § 22-30D-5.(aa) "Generator" means any person, by individual generation site,whose act or process produces hazardous waste identified or listed in Chapter335-14-2 or whose act first causes a hazardous waste to become subject toregulation.(bb) "Geologist" means a person registered as a professional geologistwith the State of Alabama under the Alabama Professional Geologist LicensingAct.(cc)saturation."Groundwater" means water below the land surface in a zone of(dd) "Hazardous substance" means any substance included on the Listof Hazardous Substances and Reportable Quantities, codified as 40 CFR Part302, Table 302.4, in force and effect on the effective date of 335-16 andsubsequent revisions thereof, or any substance listed on the List of ExtremelyHazardous Substances and Their Threshold Planning Quantities, codified as 40CFR Part 355, Appendix A, in force and effect on the effective date of 335-16and subsequent revisions thereof.1-4
335-16-1-.02(ee) "Hazardous waste" means a hazardous waste as defined in335-14-2-.01(3).(ff) "Hazardous Waste Treatment, Storage, or Disposal Facility" meansany property or facility which is intended or used for the treatment, storage, ordisposal of hazardous waste subject to the permit requirements of ADEMAdmin. Code 335-14-8.(gg) "Impacted third party" is any person who is or has been an owner,lessor, or mortgagee of real property on which an eligible site is or has beenlocated.(hh) "Land Use Controls" means any restriction or control, whichserves to protect human health and/or the environment, that limits use ofand/or exposure to, any portion of a property, including water resources.These controls may include:1. Engineering controls which are remedial actions directed towardcontaining or controlling the migration of contaminants through theenvironment. These include, but are not limited to, stormwater conveyancesystems, slurry walls, liner systems, caps, leachate collection systems, pumpand treat systems, and groundwater recovery systems.2. Institutional controls which are legal or contractual restrictions onproperty use that remain effective after remediation is completed and are usedto meet remediation levels. The term may include, but is not limited to, deednotations, deed restrictions and/or, water use restrictions, restrictivecovenants, conservation easements, and limited development rights.3. Water use restrictions which can be placed on the use of aparticular water supply source that has been identified as being contaminatedwith hazardous substances or other contaminants in order to protect humanhealth and the environment.(ii) "Manifest" means the form adopted by the Department used foridentifying the quantity, composition, origin, routing and destination ofhazardous waste during its transportation from the point of generation to thepoint of disposal, treatment or storage.(jj) "New Drycleaning Facility" means any drycleaning facility thatbegan operation after May 23, 2003.(kk) "Other waste" is wastes as defined in ADEM Admin. Code R.335-14-1-.02.(ll) "Owner or Operator" means any person who owns or leases anactive or abandoned drycleaning facility or distribution facility, who is or hasbeen responsible for operations at such facility and who elected to be coveredby the Act.1-5
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