Oil Prophets

Summer 2014

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26 Oil Prophets Remediation costs resulting from releases from aboveground storage tanks (ASTs) which store motor fuels can be covered under The Alabama Underground and Aboveground Storage Tank Trust Fund as long as eligibility requirements of ADEM Administrative Code Chapter 335- 6-16 are met. These requirements can be found at the ADEM website at www.adem.alabama.gov/ alEnviroRegLaws/files/Division6Vol2. pdf. To be covered by the ADEM Trust Fund, ASTs must: Contain a motor fuel, • Meet the AST definition • requirements in Section 335- 6-16.-02(mm) of the ADEM Trust Fund Rule, Not • be owned by the state or federal government, Be registered with the • Department, and Maintain substantial • compliance with all state and federal AST requirements. To register an AST, owners should complete ADEM Form #283 and submit the form to the Department. This form may be found on the ADEM website at www.adem.alabama.gov/ DeptForms/Form283.pdf. For registered ASTs to be eligible for the Trust Fund if a release occurs, AST owners must maintain substantial compliance with the following state and federal requirements: A valid Spill Prevention • Control and Countermeasure (SPCC) plan must be maintained for the facility where the AST is located, if required, pursuant to Federal Rule 40 CFR 112 (www. spccplan.com/pdf/40%20 cfr%20112%20.pdf). An ADEM Industrial General • Permit in accordance with ADEM Administrative Code Rule 335-6-6, (www. adem.alabama.gov/ alEnviroRegLaws/files/ Division6Vol1.pdf) may be required depending on the facility's Standard Industrial Classification (SIC) Code Financial responsibility as • required in ADEM Rule 335-6- 16-.05(d). If a release occurs from an AST registered with ADEM, an eligibility determination will be made by the Department to determine if the tank owner is eligible for coverage under the Trust Fund based on compliance with the above requirements. If the aboveground storage tank owner is found to be in substantial compliance with these rules, upon payment of a $10,000 deductible, the remaining cost of the cleanup, up to the limits of Trust Fund coverage, can be paid by the Alabama Underground and Aboveground Storage Tank Trust Fund. If the AST owner is not in substantial compliance with these rules, the Trust Fund will not cover the cost of cleaning up the site, and the AST owner will be required to clean up impacted soil, surface water or groundwater at his/her own expense. Owners of ASTs with tanks that can be covered by the Trust Fund are encouraged to provide notification to the Department of the ASTs and maintain substantial compliance with these requirements, since the cost of cleaning up a release of motor fuel to the environment is very expensive. If you have any questions concerning coverage or eligibility of ASTs under the ADEM Trust Fund, please contact the ADEM Groundwater Branch at (334) 270-5655. Eligibility Requirements for Aboveground Storage Tank Trust Fund Coverage CANOPIES ROOF SYSTEMS 1.888.302.1385 201 Patricia Street, Suite A Hueytown, AL 35023 Fax: 1.205.491.4225 www.chapmancanopy.com

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