Ala. Admin. Code r. 335-15-4-.06 - Certification Of Compliance-Letter Of Concurrence
(1)
Certification of
Compliance. When all requirements of an approved cleanup plan have
been completed, the applicant shall submit to the Department a Certification of
Compliance. A Certification of Compliance may also be submitted when an
assessment based on an approved Voluntary Property Assessment Plan has been
completed and no contamination discovered. The Department shall review all
reports and the required Certification of Compliance submitted under
335-15-4-.06. The applicant or eligible successor must satisfactorily maintain
the engineering controls, remediation systems, or if non-permanent
institutional controls are utilized pursuant to an agreement, the Department
may issue the applicant a "Letter of Concurrence" with conditions. The
Department may authorize an applicant to conduct a phased response only when,
in the Department's evaluation, the schedule is reasonable.
(2)
"Letter of
Concurrence". Upon concurrence by the Department, the Department
shall issue to the applicant "Letter of Concurrence".
(3)
"Letter of Concurrence" with
Conditions. For partial response actions, a "Letter of
Concurrence" with conditions shall pertain only to the partial response action
area and shall include a legal description of that area.
(4)
Deed Records.
The applicant shall comply with the requirements of ADEM Admin. Code
335-5.
(5)
Revocation. The "Letter of Concurrence" may be revoked
by the Department in the event that contamination posing an unacceptable risk
to human health and the environment is discovered on site, or discovery is made
that the submitted certification of compliance was based on information that
was materially false, inaccurate or misleading.
(a) The applicant shall be notified in
writing by certified mail of the proposed revocation.
(b) The applicant shall be given an
opportunity to respond within 30 days upon receipt of the letter.
(c) Unacceptable response to the revocation
letter will result in the reinstatement of any cleared deed notation and/or
deed restriction until such time as the property is deemed to be in
compliance.
(6)
Sovereign Immunity. Issuance of the "Letter of
Concurrence" does not constitute a waiver of sovereign immunity.
(7)
Release from
Liability. Upon the Department's approval of the submitted
Certification of Compliance described in 335-15-4-.06, an applicant who is not
a responsible person, as defined in
335-15-1-.02, at the
qualifying property, shall not be liable to the state or any third party for
costs incurred in the investigation or cleanup of, or equitable relief relating
to, or damages resultant from, in whole or in part, a preexisting release at
the qualifying property, including, but not limited to, any liability to the
state for the cleanup of the property under Title 22, Chapters 22, 27, 30, 30A,
and 35 of the Code of Ala. 1975, or a new release of a
substance, constituent, or material which had been part of a preexisting
release at the property, unless such new release results from noncompliance
with an approved Voluntary Property Assessment Plan or Voluntary Cleanup Plan
or from the negligent, wanton, willful, or intentional conduct of the
applicant.
Notes
Authors: Fred A. Barnes; Keith N. West; Lawrence A. Norris; Stephen A. Cobb' Sonja B. Favors; Anna M. Ennis; M. Gavin Adams; Austin R. Pierce; Pamela L. Monaghan
Statutory Authority: Code of Ala. 1975, ยงยง 22-30E-5, 22-30E-9, 22-30E-10.
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