Every owner or operator of an UST is required to establish and maintain Trust Fund eligibility in accordance with the following requirements:

1. (a) Registration of tank(s) with the Department.
2. (b) Annual payment of Tank Trust Fund and Underground Storage Tank Regulatory Fees for each UST until such time as permanent closure requirements of Chapter 335-6-15 of the ADEM Administrative Code are satisfied, if any.
3. (c) The owner or operator remains in substantial compliance for each UST.
4. (d) Every owner or operator of an UST is required to maintain financial responsibility in the amount of $5000 per occurrence ($25,000 aggregate) or another amount if required by the Commission, by any one or combination of the following: insurance, guarantee, surety bond, letter of credit or qualification as a self-insurer by demonstration of a tangible net worth in the amount of $25,000.

5. (e) The owner or operator shall maintain the following records and submit or make them available to the Department upon request.

   1. 1. Evidence of current financial responsibility for $5,000 per occurrence ($25,000 aggregate) or other amount as may be required by the Commission; or
   2. 2. Evidence of current ability to self-insure by demonstrating net worth of $25,000; and
   3. 3. Any other records as may be required by the Department.

6. (f) All records identified in subparagraph (e) above shall be retained until one of the following is accomplished:

   1. 1. Closure requirements of Chapter 335-6-15 of the ADEM Administrative Code are satisfied;
   2. 2. Ownership of an UST, is transferred to a new owner; or
   3. 3. Owner or operator is instructed otherwise by the Department.

Author: Sonja Massey, Gregory Stephens, James Stevens

Statutory Authority: Code of Ala. 1975, §§22-35-5, 22-35-7.

History: Effective June 1, 1989. Amended: Filed March 18, 1994; effective April 22, 1994.