USA – ALABAMA Law and Practice Contributed by: John M. Johnson, Lana A. Olson, W. Larkin Radney IV and Brian P. Kappel, Lightfoot, Franklin & White, LLC
15.4 Rights and Obligations Applicable to Waste Operators Alabama waste operators are regulated, permitted and (if necessary) inspected by ADEM. They are fur- ther subject to federal standards for operations like hazardous waste disposal and wastewater treatment. Rights and obligations follow those federal standards. 16. Environmental Disclosure and Information 16.1 Disclosure and Reporting Requirements Alabama’s disclosure obligations largely track federal frameworks, and state-specific programmes should be examined for additional reporting requirements. Facilities operating in multiple jurisdictions should consider other states’ reporting mandates that may apply across the business. Alabama law imposes broad incident reporting, and it is important to understand the relevant reporting requirements and ensure compliance in the event of a release. Failure to comply can result in significant penalties and fines. The types of reporting required includes the following. • Discharges or releases that cause or may cause pollution to state waters require prompt notification (typically within 24 hours) to ADEM, in addition to any federal notifications (eg, National Response Center). • Releases of hazardous substances at or above fed- eral reportable quantities or which pose an actual or potential threat to human health, welfare or the environment must be reported in accordance with federal and state law, including the National Response Center (NRC), ADEM, the Alabama Emergency Response Commission (AERC) and Local Emergency Planning Committee (LERC). The specific reporting requirements and procedures are included in the state’s Emergency Planning and Community Right-to-Know Act (EPCRA) and ADEM regulations. • Releases from underground storage tanks (USTs) require immediate or prompt notice to ADEM, usu- ally within 24 hours, with follow-up investigation and corrective action.
• Oil and gas operators must promptly report sig- nificant spills, fires, leaks or breaks to appropriate state authorities (including Alabama Oil and Gas Board and ADEM), followed by written reports detailing circumstances and volumes. 16.2 Public Environmental Information Public information can be obtained through the “eFile” search on the ADEM website. The eFile system pro- vides options to search by permit number, county and facility name, among other variables. ADEM also allows a review of public records by submission of a written request to the ADEM Public Records Officer. State law allows reasonable fees to be charged in connection with processing public records requests. Public notices, information about upcoming hearings and videos of public hearings also are available on ADEM’s website. 16.3 Corporate Disclosure Requirement As of 1 October 2024, Alabama business (corpora- tions, LLCs, limited partnerships and all other busi- ness entities previously subject to annual reporting) no longer have to file annual reports (Alabama Act No 2024-213). 16.4 Green Finance Alabama offers various incentives, grants, tax credits and programmes that provide financial assistance to individuals and entities to support clean energy and decrease energy waste. Entities should consult the Alabama Department of Revenue for potential tax- related credits and incentives. The Alabama Depart- ment of Economic and Community Affairs (ADECA) likewise provides information about potential finan- cial and funding opportunities for green initiatives. For example, the State Energy Program (SEP) is a good source for potential funding and technical assis- tance, and information is available about the SEP on the ADECA website. Some cities and county govern- ments within Alabama have adopted regulations and/ or incentives for sustainable projects. Public bodies in Alabama may also be eligible for certain state-revolv- ing funds such as the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund.
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