(a) To qualify for a limitation of liability as provided in subsection (a) of Section property assessment plans, voluntary cleanup plans; financial assurance” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”22″>22-30E-9, an applicant shall meet all the following criteria:

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Terms Used In Alabama Code 22-30E-8

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • Statute: A law passed by a legislature.
(1) The applicant shall not be a responsible person, as defined in Section 22-30E-3, at the qualifying property.
(2) Where the applicant is an individual, the individual shall not: Be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property or any responsible person on the subject property.
(3) Where the applicant is a corporation or other legal entity, the corporation must not: Be a current or former subsidiary, division, parent company, or partner; or be the employer or former employer of the current owner; or be any responsible person on the subject property.
(4) The applicant shall be in good standing with respect to any order, judgment, statute, rule, or regulation subject to the enforcement authority of the department.
(b) Applicants which do not meet the criteria in subsection (a), shall qualify only for a limitation of liability as provided in subsection (f) of Section 22-30E-9.
(c) The department may promulgate rules and regulations to implement this section.
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