(a) The department or its designated representatives may access property suspected of containing scrap tires for the purpose of evaluation of the threat to public health, the environment, and safety.
(b) The department, by regulation, shall establish an administrative process to provide the responsible party, other than the innocent landowner, notice of obligation to remediate scrap tires found that are in violation of this chapter. If the responsible party fails or refuses to remediate the scrap tires, the department or its contractor or subcontractors shall be granted access to the property for the sole purpose of remediation of the scrap tires.
(c) The department may recover the full cost associated with the remediation, including legal expenses, from the responsible party, other than an innocent landowner.
(d) As long as an innocent landowner is working cooperatively with the department or its representative to clean up the site, the innocent landowner shall not be liable for costs of cleanup. Subsequent to cleanup, the innocent landowners shall cooperate with the department to prevent further tire dumping on the relevant site.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 40A - Alabama Scrap Tire Environmental Quality Act.
Section 22-40A-1 - Short Title.
Section 22-40A-2 - Legislative Findings; Purpose.
Section 22-40A-3 - Definitions.
Section 22-40A-4 - Accumulation and Exposure Limits.
Section 22-40A-5 - Cleanup; Reports; Regulations; Remediation Management.
Section 22-40A-6 - Receivers Generally.
Section 22-40A-7 - Transportation of Scrap Tires; Permits.
Section 22-40A-8 - Processing of Scrap Tires; Permits.
Section 22-40A-9 - Manifests; Out-of-State Tires Transported Into Alabama.
Section 22-40A-10 - Financial Assurance.
Section 22-40A-11 - Administration and Enforcement.
Section 22-40A-12 - Delegation Agreements; County Responsibilities.
Section 22-40A-13 - End Use Market Development Program.
Section 22-40A-14 - Scrap Tire Environmental Fee.
Section 22-40A-15 - Distribution of Fee Proceeds.
Section 22-40A-16 - Disposition of Funds.
Section 22-40A-17 - Evaluation of Suspected Property; Notice; Costs.
Section 22-40A-18 - Violations.
Section 22-40A-19 - Penalties.
Section 22-40A-20 - Applicability to Government Organizations.
Section 22-40A-21 - Scrap Tire Commission.
Section 22-40A-22 - Scrap Tire Fund.
Section 22-40A-23 - Implementation of Chapter.
Section 22-40A-24 - Chapter Ineffective Upon Abolition of Scrap Tire Environmental Fee.