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

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Terms Used In Alabama Code 22-30E-5

  • 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.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • following: means next after. See Alabama Code 1-1-1
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(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 which was cleaned up or remediated in accordance with the provisions of this act 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 in respect of, 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.
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