Alabama § 22-30E-2 - Legislative Findings; Purpose and Intent of Chapter; Establishment of Voluntary Assessment And/Or Cleanup Program for Properties with Potential Environmental Contamination.

§ 22-30E-2. Legislative Findings; Purpose and Intent of Chapter; Establishment of Voluntary Assessment And/Or Cleanup Program for Properties with Potential Environmental Contamination.

(a) The Legislature finds that properties in Alabama may have areas with actual or perceived contamination levels that may not be subject to assessment or cleanup under applicable laws and regulations. The Legislature finds that this perception of contamination discourages the purchase and productive use of otherwise usable properties. The Legislature further finds that the voluntary assessment and cleanup of such properties is in the public interest.

(b) The Legislature finds that previously unused greenfield sites are often selected for development over previously used property due largely to concerns over the financial and environmental liabilities that may be incurred in acquiring such previously used property for reuse and redevelopment. The Legislature further finds that the appropriate reuse and redevelopment of properties that are contaminated, or perceived to be contaminated, is in the public interest.

(c) The Legislature finds that the reuse of previously utilized property is an important component of a sound land use policy that will help to preserve undeveloped farmland, open space areas, and natural areas; and reduce public costs for installing new water, sewer, and other utilities and highway infrastructure.

(d) The Legislature finds that it is necessary to pass legislation that provides a mechanism to implement a cleanup program that encourages applicants to voluntarily assess, clean up, remediate, and provide for the productive reuse of such properties. The Legislature further finds that such a cleanup program will increase the overall acreage and inventory of potential properties for redevelopment that would otherwise remain unavailable while also providing sources of revenue for payment of additional cleanup costs that may arise after remediation. This finding shall not be interpreted to relieve a “responsible person” from any liability for administrative, civil, or criminal fines or penalties otherwise authorized by law and imposed as a result of illegal disposal of waste or for pollution of the land, air, or waters of the state in violation of established laws and regulations on an identified property.

(e) Therefore, the Legislature hereby establishes a program, to be implemented, maintained, and administered by the Alabama Department of Environmental Management, to encourage the voluntary cleanup and the reuse and redevelopment of such properties.