Ala. Admin. Code r. 335-6-16-.13 - Tank Trust Fund Ineligible Costs

(1) Costs of replacement, installation, closure and/or retrofitting, or testing of affected tanks and associated piping shall not be eligible for payment or reimbursement by the Tank Trust Fund. Additionally, any equipment or labor or installation costs not integral to site rehabilitation or provision of an alternate water supply are not eligible for reimbursement from the Tank Trust Fund.

(2) The cost of equipment purchases other than routinely required supplies which are expended at a given site or equipment purchases which must be installed at a site to implement a corrective action plan, shall not be charged to the cost of rehabilitating any given site at which Tank Trust Funds are being claimed for investigative or corrective action costs. Examples of equipment which could not be charged to a specific site would include: drilling rigs, earth moving equipment, groundwater sampling pumps, and photoionization detectors. Examples of equipment which could be charged to a specific site would include: bailers, sample containers, etc. Hourly charges for equipment which are not listed in the current version of the Trust Fund Reasonable rates may be established in the cost proposal submitted for each major phase of work. These hourly rates must be competitive with similar charges by other approved contractors, or they may be rejected by the Department if they are determined to represent unreasonable costs.

(3) The costs associated with environmental audits and property transfer audits are not eligible for reimbursement from the Tank Trust Fund.

(4) The first $5,000 in the case of an UST or $10,000 in the case of an AST of approved response action costs, or such other amount as may be approved by the Commission, which are incurred by the owner or operator are not eligible for reimbursement from the Tank Trust Fund. Proof of payment of the first $5,000 for UST or $10,000 for AST or another amount as may be approved by the Commission, is required prior to reimbursement of any costs.

(5) The first $5,000 in the case of an UST or $10,000 in the case of an AST of a final judgment obtained by qualified third parties are not eligible for disbursement from the Tank Trust Fund. Proof of payment by the eligible UST owner or operator of the said first $5,000 in the case of an UST or $10,000 in the case of an AST of a final judgment is required prior to disbursement of fund monies.

(6) The costs associated with assessments and studies required by 335-6-16-.20 are not eligible for reimbursement from the Tank Trust Fund.

Notes

Ala. Admin. Code r. 335-6-16-.13

Effective June 1, 1989. Amended: Filed March 18, 1994; effective April 22, 1994. Amended by Alabama Administrative Monthly Volume XXXIX, Issue No. 03, December 31, 2020, eff. 2/14/2021.

Authors: Sonja Massey, James Stevens, Gregory Stephens, Dorothy Malaier, James Thrash

Statutory Authority: Code of Ala. 1975, §§ 22-35-4, 22-35-7.