AL
Alabama House Bill HB390

Alabama 2025 Regular Session

Alabama House Bill HB390 Compare Versions

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11 HB390INTRODUCED
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33 HB390
44 3PPR1VV-1
55 By Representatives Shirey, Stadthagen
66 RFD: Commerce and Small Business
77 First Read: 05-Mar-25
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1212 5 3PPR1VV-1 03/04/2025 KMS (L)ccr 2025-1128
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1414 First Read: 05-Mar-25
1515 SYNOPSIS:
1616 Under existing law, the Alabama Drycleaning
1717 Environmental Response Trust Fund Advisory Board is
1818 responsible for administering a dry cleaners'
1919 self-insurance fund for the investigation, assessment,
2020 and remediation of environmental contamination caused
2121 by dry cleaning operations.
2222 This bill would delete the requirement that the
2323 Alabama Department of Environmental Management Act
2424 prevent other units of federal, state, and local
2525 governments from becoming involved in contamination
2626 problems.
2727 This bill would also reduce the balance of
2828 monies the board is required to maintain in the Alabama
2929 Drycleaning Environmental Response Trust Fund from one
3030 million to two hundred fifty thousand dollars.
3131 A BILL
3232 TO BE ENTITLED
3333 AN ACT
3434 Relating to the Alabama Drycleaning Environmental
3535 Response Trust Fund Advisory Board; to amend Sections 22-30D-4
3636 and 22-30D-7, Code of Alabama 1975, to delete the requirement
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6666 and 22-30D-7, Code of Alabama 1975, to delete the requirement
6767 that the Alabama Department of Environmental Management
6868 prevent the involvement of other units of federal, state, and
6969 local governments in contamination problems; and to reduce the
7070 required minimum balance to be maintained in the Alabama
7171 Drycleaning Environmental Response Trust Fund from one million
7272 to two hundred fifty thousand dollars.
7373 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
7474 Section 1. Sections 22-30D-4 and 22-30D-7 of the Code
7575 of Alabama 1975, are amended to read as follows:
7676 "§22-30D-4
7777 (a)(1) All owners and operators and all wholesale
7878 distributors shall elect by May 24, 2001, to be covered or not
7979 to be covered by this chapter and shall do so by notifying the
8080 department in writing that such the owner or operator or
8181 wholesale distributor elects to be covered or not to be
8282 covered by this chapter. Following May 24, 2001, any owner or
8383 operator or wholesale distributor who may have initially
8484 elected not to be covered by this chapter or who may have
8585 inadvertently failed to notify the department may notify the
8686 department that such the owner or operator or wholesale
8787 distributor has reconsidered and desires to be covered by the
8888 fund, but any such owner or operator or wholesale distributor
8989 shall, with its notice of request for coverage, shall be
9090 required to pay to the Department of Revenue the registration
9191 fees which that would otherwise have been due to the fund had
9292 such the owner or operator or wholesale distributor elected to
9393 be covered by this chapter prior to May 24, 2001. Coverage by
9494 this chapter shall be effective on the date that a written
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124124 this chapter shall be effective on the date that a written
125125 notice of an election to be covered is received by the
126126 department. The department shall maintain a listing of all
127127 owners or operators or wholesale distributors who shall have
128128 elected to be covered or not to be covered by this chapter and
129129 shall advise the board from time to time of the names of those
130130 persons.
131131 (2) Any owner or operator or wholesale distributor who
132132 shall elect elects not to be covered by this chapter or shall
133133 fail fails to notify the department that it has determined to
134134 reconsider within the times set forth above in subdivision (1)
135135 shall be relieved of any of the obligations imposed on owners
136136 or operators or wholesale distributors under this chapter,
137137 including any obligation to register or pay registration fees.
138138 (3) Notwithstanding any provisions of this chapter to
139139 the contrary, any owner or operator or wholesale distributor
140140 who shall so elect elects not to be covered by this chapter or
141141 shall fail fails to notify the department that it has
142142 determined to reconsider within the times set forth above in
143143 subdivision (1) shall thereafter permanently and irrevocably
144144 waive and relinquish any benefit, coverage, protection,
145145 payment, or waiver of liability otherwise afforded by this
146146 chapter. An election not to be covered by the fund or a
147147 failure to reconsider by any owner or operator or wholesale
148148 distributor who shall be is an individual, shall include and
149149 bind any relative by blood within the third degree of
150150 consanguinity or by marriage, and in the case of a corporation
151151 or other legal entity, any current or former subsidiary,
152152 division, stockholder, parent company, partner, member,
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182182 division, stockholder, parent company, partner, member,
183183 successor or assign, or any predecessor-in-title or
184184 successor-in-title.
185185 (4) If on May 31, 2002, the registration fees collected
186186 by the Department of Revenue from owners or operators and
187187 wholesale distributors who shall have elected to be covered by
188188 this chapter shall not have not generated total receipts in
189189 excess of one million dollars ($1,000,000), then in such event
190190 the fund shall terminate, the board shall refund to all owners
191191 or operators or wholesale distributors who shall have paid
192192 into the fund the pro rata portion of payments to such that
193193 date, less expense of charges against the fund, and thereafter
194194 the provisions of this chapter shall be null and void and of
195195 no further force or effect of law.
196196 (b) It is the intent of the Legislature that the monies
197197 in the fund will only be utilized to address contamination
198198 that is caused by drycleaning agents occurring at or on
199199 drycleaning facilities, abandoned drycleaning facilities,
200200 wholesale distribution facilities, or real property of
201201 impacted third parties or adjacent landowners, whether such
202202 the contamination occurred or was discovered before or after
203203 May 24, 2000; provided , that monies in the fund shall be used
204204 only for payment for costs of investigation, assessment, or
205205 remediation that which are incurred after May 24, 2000; and
206206 further provided , that this chapter and the fund created
207207 hereby by this chapter shall benefit only those owners or
208208 operators, wholesale distributors, or persons owning abandoned
209209 drycleaning facilities who shall have elected to be covered by
210210 this chapter and impacted third parties and adjacent
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240240 this chapter and impacted third parties and adjacent
241241 landowners impacted or adjacent to drycleaning facilities or
242242 wholesale distribution facilities of such the owners or
243243 operators or wholesale distributors. The board and the
244244 department shall jointly administer this chapter under the
245245 following criteria:
246246 (1) The department shall allow owners or operators,
247247 persons owning abandoned drycleaning facilities, wholesale
248248 distributors, impacted third parties, and adjacent landowners,
249249 and their engineers and contractors to deal with address
250250 contamination under the oversight of the department utilizing
251251 monies in the fund under the oversight of the board, including
252252 costs incurred for initial investigations in determining that
253253 contamination has actually occurred. The fund shall not be
254254 used to deal with address contamination at any facilities
255255 other than drycleaning facilities, abandoned drycleaning
256256 facilities, wholesale distribution facilities, or the real
257257 property of impacted third parties or adjacent landowners.
258258 (2) If the response actions to releases are conducted
259259 pursuant to 40 C.F.R. Part 300 or pursuant to regulations
260260 adopted by the department under subsection (c), the department
261261 shall not require any owner or operator, person owning any
262262 abandoned drycleaning facility, wholesale distributor,
263263 impacted third party, or adjacent landowner to: (i) Obtain any
264264 state permit or engage in closure, post-closure, or corrective
265265 action pursuant to AHWMMA; (ii) establish or maintain any
266266 financial assurance or other financial requirement; or (iii)
267267 otherwise become obligated to pay for any costs, except for
268268 the deductible set forth in Section 22-30D-7, in connection
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298298 the deductible set forth in Section 22-30D-7, in connection
299299 with contamination occurring at any drycleaning facility,
300300 abandoned drycleaning facility, wholesale distribution
301301 facility, or at the real property of impacted third parties or
302302 adjacent landowners which may have failed to operate as a
303303 permitted treatment, storage , or disposal facility as defined
304304 under AHWMMA.
305305 (3) To the fullest extent allowed by law, the
306306 department shall provide its oversight in such a manner that
307307 other units of federal, state, and local government, including
308308 the United States Environmental Protection Agency, do not
309309 become involved in contamination problems resulting from
310310 drycleaning facilities, abandoned drycleaning facilities, or
311311 wholesale distribution facilities.
312312 (4)(3) To the fullest extent allowed by law, the
313313 department shall make every reasonable effort to allow for
314314 such interim action as may be necessary to keep sites where
315315 contamination exists off of the national priorities list, as
316316 defined in 40 C.F.R. § 300.5.
317317 (5)(4) The department shall not seek out contamination
318318 because of the existence of the fund or the other provisions
319319 of this chapter. Monies shall be made available by the board
320320 for the use as contamination is discovered, whether such the
321321 discovery is made before or after May 24, 2000.
322322 (6)(5) Careful consideration shall be given by the
323323 department to remedial activities which may result in an
324324 overall reduction of risk to human health and the environment
325325 and in reduction of total costs of remediation. Such The
326326 remedial activities should receive consideration by the
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356356 remedial activities should receive consideration by the
357357 department as a high priority.
358358 (7)(6) The department, in its discretion, may allow the
359359 use of innovative technology to perform remedial activities.
360360 (c) In addition to the powers and duties specified in
361361 this chapter and in Sections 22-22A-1 to 22-22A-16, inclusive,
362362 the department shall adopt rules and regulations necessary to
363363 administer and enforce this chapter, it being the intent of
364364 the Legislature that contamination caused by drycleaning
365365 agents shall be managed solely in accordance with this chapter
366366 and the rules and regulations to be adopted. Consistent with
367367 these purposes, such the rules and regulations shall , at a
368368 minimum, shall establish or adopt the following standards,
369369 schedule, and criteria:
370370 (1) Establishing performance standards for drycleaning
371371 facilities and wholesale distribution facilities first brought
372372 into use on or after the effective date of regulations rules
373373 authorized by this subsection. Such The performance standards
374374 shall be effective when the rules and regulations adopted
375375 become final. The performance standards for new drycleaning
376376 facilities and wholesale distribution facilities shall allow
377377 the use of new technology as it becomes available and shall,
378378 at a minimum, shall include provisions which are at least as
379379 protective of human health and the environment as each of the
380380 following standards:
381381 a. A requirement that, notwithstanding any contrary
382382 provision of law, any person who generates a regulated waste
383383 at a drycleaning facility or wholesale distribution facility
384384 and which wastes contain any regulated quantity of drycleaning
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414414 and which wastes contain any regulated quantity of drycleaning
415415 agent, shall ensure delivery of all such wastes to a facility
416416 that is legally authorized to manage or recycle wastes that
417417 contain drycleaning agents.
418418 b. A prohibition of the release of wastewater
419419 containing any quantity of drycleaning agent from drycleaning
420420 facilities to any sanitary sewer or septic tank, any land or
421421 ground application thereof, or any discharge to the waters of
422422 this state.
423423 c. A requirement of compliance with the national
424424 emission standards for hazardous air pollutants for
425425 perchloroethylene drycleaning facilities promulgated adopted
426426 by the United States Environmental Protection Agency on
427427 September 22, 1993, including revisions and applicable
428428 regulations thereto.
429429 d. A requirement that all drycleaning agents or wastes
430430 containing drycleaning agents be stored in appropriate closed
431431 containers and handled so as to minimize the risk of spills or
432432 leaks.
433433 e. A requirement that dikes or other containment
434434 structures be installed around each drycleaning machine and
435435 each drycleaning agent or waste storage area, which structures
436436 shall be capable of containing a release of drycleaning agent.
437437 f. A requirement that those portions of all diked floor
438438 surfaces upon which any drycleaning agent may leak, spill, or
439439 otherwise be released be material impervious to drycleaning
440440 agents.
441441 g. A requirement that all drycleaning agents be
442442 delivered to each drycleaning machine or other storage
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472472 delivered to each drycleaning machine or other storage
473473 container located within a drycleaning facility by means of
474474 closed, direct-coupled delivery systems, but only after such
475475 the systems become generally available.
476476 h. A requirement for reporting of releases of a
477477 reportable quantity outside of containment of drycleaning
478478 agent occurring after May 24, 2000.
479479 (2) Adopting a schedule requiring the retrofitting of
480480 drycleaning facilities and wholesale distribution facilities
481481 in existence on or before May 24, 2000, in order to conform
482482 the drycleaning facility to the rules and regulations
483483 authorized by subdivision (1) and to implement the performance
484484 standards established pursuant to subdivision (1). The
485485 schedule may phase in the standards authorized by this
486486 subdivision at different times but shall make all such
487487 standards effective no later than May 24, 2005. This
488488 subdivision requiring retrofitting shall not require an owner
489489 or operator of a drycleaning facility existing on or before
490490 May 24, 2000, to replace an existing drycleaning unit unless
491491 required to do so by federal laws or rules and regulations
492492 promulgated adopted by the Environmental Protection Agency.
493493 (3) Establishing criteria for prompt reporting of
494494 suspected contamination or the discovery of contamination at
495495 drycleaning facilities, abandoned drycleaning facilities,
496496 wholesale distribution facilities, or on real property of
497497 impacted third parties or adjacent landowners, whether
498498 discovered before or after May 24, 2000, and procedures for
499499 initial investigation of such the contamination, if any, and
500500 determination of possible effects on or risk to human health
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530530 determination of possible effects on or risk to human health
531531 or the environment and necessary or appropriate emergency
532532 action, to assure that human health or safety is not
533533 threatened by such the contamination.
534534 (4) Establishing criteria to prioritize those sites at
535535 which contamination is reported to the department and which
536536 may require investigation, assessment, and, if necessary,
537537 remediation. The criteria shall include consideration of each
538538 of the following factors:
539539 a. The degree to which human health and the environment
540540 are actually affected by exposure to the contamination.
541541 b. The future risk to human health or the environment
542542 resulting from the contamination.
543543 c. The benefit to be derived from remediation compared
544544 to the cost of conducting such the remediation.
545545 d. The present and future use of an affected aquifer or
546546 surface water.
547547 e. The possibility of no further action.
548548 f. The effect that interim or immediate remedial
549549 measures will have on future costs.
550550 g. The amount of monies available in the fund.
551551 h. Such additional Additional factors as the director
552552 considers relevant or as required by other provisions of this
553553 chapter.
554554 (5) Establishing requirements for investigation,
555555 assessment, and, if necessary, remediation of contamination in
556556 the order of priority established by the department.
557557 (6) Establishing criteria under which a determination
558558 may be made by the department of the extent of contamination
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588588 may be made by the department of the extent of contamination
589589 at which: (i) no remediation is required at the site ,; or (ii)
590590 if remediation is necessary, the extent to which remediation
591591 shall be deemed completed ,; and (iii) that no further action
592592 is required. Criteria for determining completion of
593593 remediation shall include the factors set forth in subdivision
594594 (4). If contamination has or is suspected to have migrated
595595 from the site to real property of an adjacent landowner,
596596 investigation, assessment, and, if necessary, remediation of
597597 contamination will be determined under these criteria."
598598 "§22-30D-7
599599 (a) Prior to the approval of an expenditure of any
600600 funds monies under this chapter with respect to payment for
601601 costs incurred for investigation, assessment, and, if
602602 necessary, remediation at a particular site, every owner or
603603 operator covered by this chapter, person owning any abandoned
604604 drycleaning facility eligible for coverage by this chapter, or
605605 impacted third party filing a request with the board for
606606 payment, shall accept responsibility for the first ten
607607 thousand dollars ($10,000), as a deductible amount, of the
608608 actual costs to be incurred with that particular site. Each
609609 wholesale distributor covered by this chapter shall accept
610610 responsibility for the first fifty thousand dollars ($50,000),
611611 as a deductible amount , of the actual cost to be incurred with
612612 a wholesale distribution facility. An adjacent landowner shall
613613 not be required to accept responsibility for any costs
614614 incurred at a site.
615615 (b) Payments from the fund may be obtained from the
616616 board by complying with the following procedure:
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646646 board by complying with the following procedure:
647647 (1) An owner or operator covered by this chapter, a
648648 person owning any abandoned drycleaning facility eligible for
649649 coverage by this chapter, or a wholesale distributor covered
650650 by this chapter may request payment from the fund for cost of
651651 investigation, assessment, and remediation above the
652652 applicable deductible set forth in subsection (a) incurred in
653653 connection with a contamination discovered before or after May
654654 24, 2000, that has been reported to the board and the
655655 department by filing a request for reimbursement pursuant to
656656 the procedures established by the board ; provided, however
657657 that no. No payment shall be made from the fund for cost of
658658 investigation, assessment, and remediation incurred prior to
659659 May 24, 2000. An impacted third party or adjacent landowner
660660 may seek payment from the fund for cost of investigation,
661661 assessment, or remediation above the applicable deductible(s)
662662 deductible or deductibles set forth in subsection (a) incurred
663663 in connection with contamination by filing a request for
664664 payment pursuant to the procedures established by the board ;
665665 provided the. The board shall determine that : (i) the owner or
666666 operator covered by this chapter, person owning any abandoned
667667 drycleaning facility eligible for coverage by this chapter, or
668668 wholesale distributor covered by this chapter has failed or
669669 refused to engage in investigation, assessment, or remediation
670670 in connection with the contamination ,; and (ii) that the
671671 director has made an initial determination that the impact to
672672 the impacted third party or adjacent landowner poses a threat
673673 to the environment or the public health, safety, or welfare
674674 which warrants investigation, assessment, or remedial action
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704704 which warrants investigation, assessment, or remedial action
705705 in accordance with criteria established by this chapter and
706706 the rules and regulations adopted by the director.
707707 (2) The board shall not obligate the expenditure of
708708 funds from the fund in the amount in excess of two hundred
709709 fifty thousand dollars ($250,000) per fiscal year of the fund
710710 for costs of investigation, assessment, and remediation of
711711 contamination at any particular site, unless upon request by
712712 any party, including the department, the board first
713713 determines that such the excess expenditure is required to
714714 avoid an imminent and substantial endangerment to human health
715715 or the environment.
716716 (3) The board shall not obligate a distribution of
717717 monies from the fund that at any time would result in the
718718 diminution of the fund below a balance of one million dollars
719719 ($1,000,000) two hundred fifty thousand dollars ($250,000)
720720 unless an emergency exists that the board has determined
721721 constitutes an imminent and substantial endangerment to human
722722 health or the environment. In the event of an emergency as
723723 described herein, the board shall approve the payment of
724724 reasonable response costs to remove the imminent and
725725 substantial endangerment to human health or the environment.
726726 (4) The board shall not authorize distribution of fund
727727 monies to any of the following sites or facilities:
728728 a. Sites that are contaminated by drycleaning agents
729729 where the contamination at such the sites did not result from
730730 the operation of a drycleaning facility, abandoned drycleaning
731731 facility, or wholesale distribution facility.
732732 b. Sites that are not drycleaning facilities, abandoned
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762762 b. Sites that are not drycleaning facilities, abandoned
763763 drycleaning facilities, wholesale distribution facilities, or
764764 the real property of impacted third parties or adjacent
765765 landowners, but are contaminated by a release that resulted
766766 from drycleaning agents being transported to or from a
767767 drycleaning facility, abandoned drycleaning facility, or
768768 wholesale distribution facility.
769769 c. Any drycleaning facility, abandoned drycleaning
770770 facility, wholesale distribution facility, or any property of
771771 any impacted third party or adjacent landowner that has been,
772772 or is in the future, identified by the United States
773773 Environmental Protection Agency as a federal superfund site
774774 pursuant to 40 C.F.R. Part 300 et seq.
775775 d. Any drycleaning facility, abandoned drycleaning
776776 facility, wholesale distribution facility, or any real
777777 property of any impacted third party or adjacent landowner
778778 which has obtained a treatment, storage, or disposal permit
779779 pursuant to the federal Resource Conservation and Recovery Act
780780 (RCRA) or AHWMMA regulations.
781781 e. Any drycleaning facility, abandoned drycleaning
782782 facility, wholesale distribution facility, or any real
783783 property owned or leased by any owner or operator or wholesale
784784 distributor who shall elect elects not to be covered by the
785785 provisions of this chapter within the time(s) time or times
786786 required by this chapter or any real property of any impacted
787787 third party or adjacent landowner impacted by or adjacent to
788788 any such owner or operator or wholesale distributor.
789789 f. Any owner or operator, wholesale distributor, owner
790790 of any abandoned drycleaning facility, or impacted third party
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820820 of any abandoned drycleaning facility, or impacted third party
821821 who shall fail fails to pay or be delinquent in payment of the
822822 registration fees required by the provisions of this chapter."
823823 Section 2. This act shall become effective on October
824824 1, 2025.
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