HB390INTRODUCED
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HB390
3PPR1VV-1
By Representatives Shirey, Stadthagen
RFD: Commerce and Small Business
First Read: 05-Mar-25
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5 3PPR1VV-1 03/04/2025 KMS (L)ccr 2025-1128
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First Read: 05-Mar-25
SYNOPSIS:
Under existing law, the Alabama Drycleaning
Environmental Response Trust Fund Advisory Board is
responsible for administering a dry cleaners'
self-insurance fund for the investigation, assessment,
and remediation of environmental contamination caused
by dry cleaning operations.
This bill would delete the requirement that the
Alabama Department of Environmental Management Act
prevent other units of federal, state, and local
governments from becoming involved in contamination
problems.
This bill would also reduce the balance of
monies the board is required to maintain in the Alabama
Drycleaning Environmental Response Trust Fund from one
million to two hundred fifty thousand dollars.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Drycleaning Environmental
Response Trust Fund Advisory Board; to amend Sections 22-30D-4
and 22-30D-7, Code of Alabama 1975, to delete the requirement
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and 22-30D-7, Code of Alabama 1975, to delete the requirement
that the Alabama Department of Environmental Management
prevent the involvement of other units of federal, state, and
local governments in contamination problems; and to reduce the
required minimum balance to be maintained in the Alabama
Drycleaning Environmental Response Trust Fund from one million
to two hundred fifty thousand dollars.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 22-30D-4 and 22-30D-7 of the Code
of Alabama 1975, are amended to read as follows:
"§22-30D-4
(a)(1) All owners and operators and all wholesale
distributors shall elect by May 24, 2001, to be covered or not
to be covered by this chapter and shall do so by notifying the
department in writing that such the owner or operator or
wholesale distributor elects to be covered or not to be
covered by this chapter. Following May 24, 2001, any owner or
operator or wholesale distributor who may have initially
elected not to be covered by this chapter or who may have
inadvertently failed to notify the department may notify the
department that such the owner or operator or wholesale
distributor has reconsidered and desires to be covered by the
fund, but any such owner or operator or wholesale distributor
shall, with its notice of request for coverage, shall be
required to pay to the Department of Revenue the registration
fees which that would otherwise have been due to the fund had
such the owner or operator or wholesale distributor elected to
be covered by this chapter prior to May 24, 2001. Coverage by
this chapter shall be effective on the date that a written
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this chapter shall be effective on the date that a written
notice of an election to be covered is received by the
department. The department shall maintain a listing of all
owners or operators or wholesale distributors who shall have
elected to be covered or not to be covered by this chapter and
shall advise the board from time to time of the names of those
persons.
(2) Any owner or operator or wholesale distributor who
shall elect elects not to be covered by this chapter or shall
fail fails to notify the department that it has determined to
reconsider within the times set forth above in subdivision (1)
shall be relieved of any of the obligations imposed on owners
or operators or wholesale distributors under this chapter,
including any obligation to register or pay registration fees.
(3) Notwithstanding any provisions of this chapter to
the contrary, any owner or operator or wholesale distributor
who shall so elect elects not to be covered by this chapter or
shall fail fails to notify the department that it has
determined to reconsider within the times set forth above in
subdivision (1) shall thereafter permanently and irrevocably
waive and relinquish any benefit, coverage, protection,
payment, or waiver of liability otherwise afforded by this
chapter. An election not to be covered by the fund or a
failure to reconsider by any owner or operator or wholesale
distributor who shall be is an individual, shall include and
bind any relative by blood within the third degree of
consanguinity or by marriage, and in the case of a corporation
or other legal entity, any current or former subsidiary,
division, stockholder, parent company, partner, member,
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division, stockholder, parent company, partner, member,
successor or assign, or any predecessor-in-title or
successor-in-title.
(4) If on May 31, 2002, the registration fees collected
by the Department of Revenue from owners or operators and
wholesale distributors who shall have elected to be covered by
this chapter shall not have not generated total receipts in
excess of one million dollars ($1,000,000), then in such event
the fund shall terminate, the board shall refund to all owners
or operators or wholesale distributors who shall have paid
into the fund the pro rata portion of payments to such that
date, less expense of charges against the fund, and thereafter
the provisions of this chapter shall be null and void and of
no further force or effect of law.
(b) It is the intent of the Legislature that the monies
in the fund will only be utilized to address contamination
that is caused by drycleaning agents occurring at or on
drycleaning facilities, abandoned drycleaning facilities,
wholesale distribution facilities, or real property of
impacted third parties or adjacent landowners, whether such
the contamination occurred or was discovered before or after
May 24, 2000; provided , that monies in the fund shall be used
only for payment for costs of investigation, assessment, or
remediation that which are incurred after May 24, 2000; and
further provided , that this chapter and the fund created
hereby by this chapter shall benefit only those owners or
operators, wholesale distributors, or persons owning abandoned
drycleaning facilities who shall have elected to be covered by
this chapter and impacted third parties and adjacent
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this chapter and impacted third parties and adjacent
landowners impacted or adjacent to drycleaning facilities or
wholesale distribution facilities of such the owners or
operators or wholesale distributors. The board and the
department shall jointly administer this chapter under the
following criteria:
(1) The department shall allow owners or operators,
persons owning abandoned drycleaning facilities, wholesale
distributors, impacted third parties, and adjacent landowners,
and their engineers and contractors to deal with address
contamination under the oversight of the department utilizing
monies in the fund under the oversight of the board, including
costs incurred for initial investigations in determining that
contamination has actually occurred. The fund shall not be
used to deal with address contamination at any facilities
other than drycleaning facilities, abandoned drycleaning
facilities, wholesale distribution facilities, or the real
property of impacted third parties or adjacent landowners.
(2) If the response actions to releases are conducted
pursuant to 40 C.F.R. Part 300 or pursuant to regulations
adopted by the department under subsection (c), the department
shall not require any owner or operator, person owning any
abandoned drycleaning facility, wholesale distributor,
impacted third party, or adjacent landowner to: (i) Obtain any
state permit or engage in closure, post-closure, or corrective
action pursuant to AHWMMA; (ii) establish or maintain any
financial assurance or other financial requirement; or (iii)
otherwise become obligated to pay for any costs, except for
the deductible set forth in Section 22-30D-7, in connection
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the deductible set forth in Section 22-30D-7, in connection
with contamination occurring at any drycleaning facility,
abandoned drycleaning facility, wholesale distribution
facility, or at the real property of impacted third parties or
adjacent landowners which may have failed to operate as a
permitted treatment, storage , or disposal facility as defined
under AHWMMA.
(3) To the fullest extent allowed by law, the
department shall provide its oversight in such a manner that
other units of federal, state, and local government, including
the United States Environmental Protection Agency, do not
become involved in contamination problems resulting from
drycleaning facilities, abandoned drycleaning facilities, or
wholesale distribution facilities.
(4)(3) To the fullest extent allowed by law, the
department shall make every reasonable effort to allow for
such interim action as may be necessary to keep sites where
contamination exists off of the national priorities list, as
defined in 40 C.F.R. § 300.5.
(5)(4) The department shall not seek out contamination
because of the existence of the fund or the other provisions
of this chapter. Monies shall be made available by the board
for the use as contamination is discovered, whether such the
discovery is made before or after May 24, 2000.
(6)(5) Careful consideration shall be given by the
department to remedial activities which may result in an
overall reduction of risk to human health and the environment
and in reduction of total costs of remediation. Such The
remedial activities should receive consideration by the
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remedial activities should receive consideration by the
department as a high priority.
(7)(6) The department, in its discretion, may allow the
use of innovative technology to perform remedial activities.
(c) In addition to the powers and duties specified in
this chapter and in Sections 22-22A-1 to 22-22A-16, inclusive,
the department shall adopt rules and regulations necessary to
administer and enforce this chapter, it being the intent of
the Legislature that contamination caused by drycleaning
agents shall be managed solely in accordance with this chapter
and the rules and regulations to be adopted. Consistent with
these purposes, such the rules and regulations shall , at a
minimum, shall establish or adopt the following standards,
schedule, and criteria:
(1) Establishing performance standards for drycleaning
facilities and wholesale distribution facilities first brought
into use on or after the effective date of regulations rules
authorized by this subsection. Such The performance standards
shall be effective when the rules and regulations adopted
become final. The performance standards for new drycleaning
facilities and wholesale distribution facilities shall allow
the use of new technology as it becomes available and shall,
at a minimum, shall include provisions which are at least as
protective of human health and the environment as each of the
following standards:
a. A requirement that, notwithstanding any contrary
provision of law, any person who generates a regulated waste
at a drycleaning facility or wholesale distribution facility
and which wastes contain any regulated quantity of drycleaning
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and which wastes contain any regulated quantity of drycleaning
agent, shall ensure delivery of all such wastes to a facility
that is legally authorized to manage or recycle wastes that
contain drycleaning agents.
b. A prohibition of the release of wastewater
containing any quantity of drycleaning agent from drycleaning
facilities to any sanitary sewer or septic tank, any land or
ground application thereof, or any discharge to the waters of
this state.
c. A requirement of compliance with the national
emission standards for hazardous air pollutants for
perchloroethylene drycleaning facilities promulgated adopted
by the United States Environmental Protection Agency on
September 22, 1993, including revisions and applicable
regulations thereto.
d. A requirement that all drycleaning agents or wastes
containing drycleaning agents be stored in appropriate closed
containers and handled so as to minimize the risk of spills or
leaks.
e. A requirement that dikes or other containment
structures be installed around each drycleaning machine and
each drycleaning agent or waste storage area, which structures
shall be capable of containing a release of drycleaning agent.
f. A requirement that those portions of all diked floor
surfaces upon which any drycleaning agent may leak, spill, or
otherwise be released be material impervious to drycleaning
agents.
g. A requirement that all drycleaning agents be
delivered to each drycleaning machine or other storage
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delivered to each drycleaning machine or other storage
container located within a drycleaning facility by means of
closed, direct-coupled delivery systems, but only after such
the systems become generally available.
h. A requirement for reporting of releases of a
reportable quantity outside of containment of drycleaning
agent occurring after May 24, 2000.
(2) Adopting a schedule requiring the retrofitting of
drycleaning facilities and wholesale distribution facilities
in existence on or before May 24, 2000, in order to conform
the drycleaning facility to the rules and regulations
authorized by subdivision (1) and to implement the performance
standards established pursuant to subdivision (1). The
schedule may phase in the standards authorized by this
subdivision at different times but shall make all such
standards effective no later than May 24, 2005. This
subdivision requiring retrofitting shall not require an owner
or operator of a drycleaning facility existing on or before
May 24, 2000, to replace an existing drycleaning unit unless
required to do so by federal laws or rules and regulations
promulgated adopted by the Environmental Protection Agency.
(3) Establishing criteria for prompt reporting of
suspected contamination or the discovery of contamination at
drycleaning facilities, abandoned drycleaning facilities,
wholesale distribution facilities, or on real property of
impacted third parties or adjacent landowners, whether
discovered before or after May 24, 2000, and procedures for
initial investigation of such the contamination, if any, and
determination of possible effects on or risk to human health
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determination of possible effects on or risk to human health
or the environment and necessary or appropriate emergency
action, to assure that human health or safety is not
threatened by such the contamination.
(4) Establishing criteria to prioritize those sites at
which contamination is reported to the department and which
may require investigation, assessment, and, if necessary,
remediation. The criteria shall include consideration of each
of the following factors:
a. The degree to which human health and the environment
are actually affected by exposure to the contamination.
b. The future risk to human health or the environment
resulting from the contamination.
c. The benefit to be derived from remediation compared
to the cost of conducting such the remediation.
d. The present and future use of an affected aquifer or
surface water.
e. The possibility of no further action.
f. The effect that interim or immediate remedial
measures will have on future costs.
g. The amount of monies available in the fund.
h. Such additional Additional factors as the director
considers relevant or as required by other provisions of this
chapter.
(5) Establishing requirements for investigation,
assessment, and, if necessary, remediation of contamination in
the order of priority established by the department.
(6) Establishing criteria under which a determination
may be made by the department of the extent of contamination
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may be made by the department of the extent of contamination
at which: (i) no remediation is required at the site ,; or (ii)
if remediation is necessary, the extent to which remediation
shall be deemed completed ,; and (iii) that no further action
is required. Criteria for determining completion of
remediation shall include the factors set forth in subdivision
(4). If contamination has or is suspected to have migrated
from the site to real property of an adjacent landowner,
investigation, assessment, and, if necessary, remediation of
contamination will be determined under these criteria."
"§22-30D-7
(a) Prior to the approval of an expenditure of any
funds monies under this chapter with respect to payment for
costs incurred for investigation, assessment, and, if
necessary, remediation at a particular site, every owner or
operator covered by this chapter, person owning any abandoned
drycleaning facility eligible for coverage by this chapter, or
impacted third party filing a request with the board for
payment, shall accept responsibility for the first ten
thousand dollars ($10,000), as a deductible amount, of the
actual costs to be incurred with that particular site. Each
wholesale distributor covered by this chapter shall accept
responsibility for the first fifty thousand dollars ($50,000),
as a deductible amount , of the actual cost to be incurred with
a wholesale distribution facility. An adjacent landowner shall
not be required to accept responsibility for any costs
incurred at a site.
(b) Payments from the fund may be obtained from the
board by complying with the following procedure:
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board by complying with the following procedure:
(1) An owner or operator covered by this chapter, a
person owning any abandoned drycleaning facility eligible for
coverage by this chapter, or a wholesale distributor covered
by this chapter may request payment from the fund for cost of
investigation, assessment, and remediation above the
applicable deductible set forth in subsection (a) incurred in
connection with a contamination discovered before or after May
24, 2000, that has been reported to the board and the
department by filing a request for reimbursement pursuant to
the procedures established by the board ; provided, however
that no. No payment shall be made from the fund for cost of
investigation, assessment, and remediation incurred prior to
May 24, 2000. An impacted third party or adjacent landowner
may seek payment from the fund for cost of investigation,
assessment, or remediation above the applicable deductible(s)
deductible or deductibles set forth in subsection (a) incurred
in connection with contamination by filing a request for
payment pursuant to the procedures established by the board ;
provided the. The board shall determine that : (i) the owner or
operator covered by this chapter, person owning any abandoned
drycleaning facility eligible for coverage by this chapter, or
wholesale distributor covered by this chapter has failed or
refused to engage in investigation, assessment, or remediation
in connection with the contamination ,; and (ii) that the
director has made an initial determination that the impact to
the impacted third party or adjacent landowner poses a threat
to the environment or the public health, safety, or welfare
which warrants investigation, assessment, or remedial action
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which warrants investigation, assessment, or remedial action
in accordance with criteria established by this chapter and
the rules and regulations adopted by the director.
(2) The board shall not obligate the expenditure of
funds from the fund in the amount in excess of two hundred
fifty thousand dollars ($250,000) per fiscal year of the fund
for costs of investigation, assessment, and remediation of
contamination at any particular site, unless upon request by
any party, including the department, the board first
determines that such the excess expenditure is required to
avoid an imminent and substantial endangerment to human health
or the environment.
(3) The board shall not obligate a distribution of
monies from the fund that at any time would result in the
diminution of the fund below a balance of one million dollars
($1,000,000) two hundred fifty thousand dollars ($250,000)
unless an emergency exists that the board has determined
constitutes an imminent and substantial endangerment to human
health or the environment. In the event of an emergency as
described herein, the board shall approve the payment of
reasonable response costs to remove the imminent and
substantial endangerment to human health or the environment.
(4) The board shall not authorize distribution of fund
monies to any of the following sites or facilities:
a. Sites that are contaminated by drycleaning agents
where the contamination at such the sites did not result from
the operation of a drycleaning facility, abandoned drycleaning
facility, or wholesale distribution facility.
b. Sites that are not drycleaning facilities, abandoned
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b. Sites that are not drycleaning facilities, abandoned
drycleaning facilities, wholesale distribution facilities, or
the real property of impacted third parties or adjacent
landowners, but are contaminated by a release that resulted
from drycleaning agents being transported to or from a
drycleaning facility, abandoned drycleaning facility, or
wholesale distribution facility.
c. Any drycleaning facility, abandoned drycleaning
facility, wholesale distribution facility, or any property of
any impacted third party or adjacent landowner that has been,
or is in the future, identified by the United States
Environmental Protection Agency as a federal superfund site
pursuant to 40 C.F.R. Part 300 et seq.
d. Any drycleaning facility, abandoned drycleaning
facility, wholesale distribution facility, or any real
property of any impacted third party or adjacent landowner
which has obtained a treatment, storage, or disposal permit
pursuant to the federal Resource Conservation and Recovery Act
(RCRA) or AHWMMA regulations.
e. Any drycleaning facility, abandoned drycleaning
facility, wholesale distribution facility, or any real
property owned or leased by any owner or operator or wholesale
distributor who shall elect elects not to be covered by the
provisions of this chapter within the time(s) time or times
required by this chapter or any real property of any impacted
third party or adjacent landowner impacted by or adjacent to
any such owner or operator or wholesale distributor.
f. Any owner or operator, wholesale distributor, owner
of any abandoned drycleaning facility, or impacted third party
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of any abandoned drycleaning facility, or impacted third party
who shall fail fails to pay or be delinquent in payment of the
registration fees required by the provisions of this chapter."
Section 2. This act shall become effective on October
1, 2025.
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