Alabama § 22-30E-5 - Additional Powers and Duties of Department.

§ 22-30E-5. Additional Powers and Duties of Department.

(a) In addition to the powers and duties specified in this chapter and Chapter 22A, the department shall have and may exercise the following powers and duties:

(1) To establish and collect fees from applicants for participation in the voluntary cleanup program authorized by this chapter, to be utilized for the administration of this chapter.

(2) To deposit all Brownfield Remediation Reserve Fund contributions into the Brownfield Remediation Reserve Fund solely for the administration and purpose of this chapter as further provided in subsection (d).

(3) To make determinations, in accordance with procedures and criteria enumerated in this chapter and rules and regulations adopted pursuant to this chapter, as to whether a proposed voluntary cleanup plan is sufficient to bring the qualifying property into compliance with the cleanup standards.

(4) To monitor actions taken under approved voluntary property assessment plans and voluntary cleanup plans for the purpose of determining whether an applicant remains eligible for limitation of liability and for the purpose of determining whether to concur in a certificate of compliance.

(5) To approve voluntary property assessment plans.

(6) To approve voluntary cleanup plans.

(7) To concur with certifications of compliance.

(8) To seek and to receive federal, state, and local legislative appropriations, or other funds, grants, delegations, materials, and services applicable for the programs and activities described in this section.

(9) To establish a separate, segregated account or fund designated the Brownfield Remediation Reserve Fund.

(10) To deposit in the Brownfield Remediation Reserve Fund all amounts received by the department from Brownfield Remediation Reserve Fund contributions.

(11) To invest the amounts in the Brownfield Remediation Reserve Fund as provided by law for state funds and in a manner consistent with the purposes of the fund.

(12) To apply and use the amounts in the Brownfield Remediation Reserve Fund, in the determination of the department, provided the amount does not exceed four million dollars ($4,000,000) per property, to pay the post-remediation costs with respect to any property in the state that was cleaned up or remediated in accordance with this chapter after December 31, 2023, for which there is no responsible person, or in instances where the established risk reduction standards upon which a cleanup or remediation was previously conducted have changed, without regard to whether the amounts in the Brownfield Remediation Reserve Fund to be used for the property were derived from, or with respect to, the property. The Brownfield Remediation Reserve Fund may not be used to pay or reimburse any costs incurred as a result of noncompliance with the applicable response action or land use controls within an environmental covenant.

(b) The powers and duties described in subsection (a) may be exercised and performed by the department through such duly authorized agents and employees as the director deems necessary and proper.

(c) The obligations of the department for the application of amounts in the Brownfield Remediation Reserve Fund as provided in this chapter shall not constitute a work of internal improvement, a loan of money, or an extension of credit by the state to any private or corporate enterprise or any individual, association, or corporation. To the extent there are insufficient funds in the fund to be used to pay for remediation costs or post-remediation costs, the department shall have no obligations or responsibility to pay for or conduct cleanup activities.

(d) The department shall collect from each responsible person applicant a Brownfield Remediation Reserve Fund contribution in the amount of five hundred dollars ($500) per acre for each qualifying property in addition to the voluntary cleanup program application and oversight fees established by the department.

(e) Any unexpended or unencumbered funds remaining in the Brownfield Remediation Reserve Fund at the end of the state fiscal year shall not revert to the State General Fund but shall be retained in the fund for continued use in accordance with this chapter.