Alabama Code (Last Updated: November 28, 2014) |
Title22 HEALTH, MENTAL HEALTH, AND ENVIRONMENTAL CONTROL. |
Title1 HEALTH AND ENVIRONMENTAL CONTROL GENERALLY. |
Chapter30D. Alabama Drycleaning Environmental Response Trust Fund. |
§22-30D-2. Legislative findings.
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(a) The Legislature of the State of Alabama makes the following findings and declarations:
(1) The soils, water, and air of this state constitute unique and delicately balanced resources.
(2) The protection of these resources is vital to the economy of this state.
(3) The preservation of waters of this state is a matter of the highest urgency and priority as these waters provide a primary source of potable water in this state and that such use can only be served effectively by maintaining the quality of waters in as close to a comparable previous condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.
(b) The Legislature makes the following additional findings:
(1) Where contamination of soils, waters, or air has occurred, remedial measures have often been delayed for long periods while investigations of the extent of such contamination and determinations as to liability and the extent of liability are made.
(2) Such delays result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to contain or remediate the contamination.
(3) Adequate financial resources must be available to provide funding to investigate such contamination and, if necessary, promptly begin remedial measures.
(c) The Legislature makes the following additional findings:
(1) Drycleaning agents may have caused contamination in the past as part of the normal operation of drycleaning facilities and wholesale distribution facilities, and in many instances, such contamination may have occurred while such facilities were being operated in full compliance with laws existing at the time of such possible contamination.
(2) Such contamination, if any, which may have been caused by drycleaning agents at drycleaning facilities and wholesale distribution facilities may possibly pose a threat to the quality of the soils and waters of this state.
(3) Owners and operators of drycleaning facilities and wholesale distributors individually may lack the resources to investigate, assess, and, if necessary, remediate such contamination.
(4) Resources must be generated by the drycleaning industry as a whole to provide funds to establish and fund a drycleaning self-insurance program to provide funds to cover the cost to investigate, assess, and, if necessary, remediate sites contaminated by drycleaning agents.