(a) In order to be considered a qualifying property for participation in the voluntary cleanup program established pursuant to this chapter, a property shall, unless granted a variance under subsection (b), meet the following criteria:
(1) The property must not be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq.
(2) The property must not be currently undergoing response activities required by an order of either the department, or the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq.
(3) The property must not be a hazardous waste treatment, storage, or disposal facility as defined in Section 22-30E-3.
(b) The department may promulgate rules and regulations to implement this section, including rules granting a variance from the eligibility requirements contained in subsection (a) pursuant to subdivision (7) of subsection (b) of Section 22-30E-4.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act.
Section 22-30E-1 - Short Title.
Section 22-30E-3 - Definitions.
Section 22-30E-4 - Authority of the Department to Establish Rules and Regulations.
Section 22-30E-5 - Additional Powers and Duties of Department.
Section 22-30E-6 - Criteria for Property Qualification for Voluntary Cleanup Program.
Section 22-30E-7 - Criteria for Applicant Participation in Voluntary Cleanup Program.
Section 22-30E-8 - Criteria for Qualification for Limitation of Liability.
Section 22-30E-10 - Limitation of Liability Provisions.
Section 22-30E-11 - Voluntary Cleanup Properties Inventory List.
Section 22-30E-12 - Alabama Land Recycling and Economic Redevelopment Commission.