Underground Storage Tank (UST) Corrective Action
The Underground Storage Tank (UST) Corrective Action Program
oversees the initial response, assessment, monitoring, risk evaluation and
remediation of releases form underground storage tanks. The ADEM UST
Corrective Action Section staff manages aspects of the program which includes:
working with responsible parties and their selected contractors on Trust Fund
eligible sites and ineligible sites; reviewing closure site assessments;
reviewing technical plans and reports regarding assessment, risk evaluation and
remediation of UST releases; reviewing cost proposals for Trust Fund eligible
work; and managing contractors for state-lead sites funded under the Federal
Leaking Underground Storage Tank program. Individual ADEM project managers
are assigned specific UST releases and they are responsible for overseeing
required site activities for those sites.
UST Corrective Action Information
Regulations for UST Corrective Action Activities are located in ADEM Administrative Code R. 335-6-15
and 335-6-16...........
Owners and operators of underground storage tanks are
required to report suspected releases to the Department immediately upon
discovery and in no case later than 24 hours following discovery. The
reported releases which are required to have additional investigative and/or
corrective actions performed are assigned a UST Release Incident Number by the
Department.
The Incident Number is comprised of three parts which
reflect the fiscal year that the number is assigned, the month of assignment
and the consecutive release identified that month.
A list of issued release incidents is maintained by the
Department and will be updated periodically and posted on the website. This
list is a comprehensive listing of all release incidents assigned by the
Department since the UST regulations went into effect. Those sites having
received a No Further Action letter have an “x” in the “NFA Issued” field.
Please note that this list will be revised to reflect new
information regarding new release incidents, owner address changes, tank owner
name changes, etc. For more information about a specific release, a file
review may be scheduled by contacting the Department.
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Environmental
Covenants and USTs
The Alabama Uniform Environmental
Covenants Act, §§ 35-19-1 to 35-19-14, Code of Alabama (1975), as amended,
requires an environmental covenant at UST release sites where risk-based
cleanup levels deemed protective of public health and the environmental have
been achieved based upon certain use restrictions imposed on the property to
limit exposure to petroleum chemicals of concern. The purpose of the
covenant is to ensure continued protection of human health and the
environment by placing enforceable restrictions on the use of the property
in accordance with the approved Corrective Action Plan and/or risk
assessment. The environmental covenant regulations are located in the ADEM
Division 5 regulations.
A template for use in preparing an environmental covenant is attached. This
template addresses sites with approved corrective action plans. Please
contact the UST program for other templates. A sample of a completed
covenant is provided.
UST Environmental
Covenant Template
UST Environmental
Covenant Example
The following steps should be followed in
preparing and recording the covenant:
1. Prepare and complete the covenant using the template
provided above. The covenant should recite the use restrictions listed for
the site.
2. Have the “Grantor(s)” execute the covenant on the
appropriate signature line.
3. Submit the covenant to ADEM for review and approval.
4. The approved covenant will be executed by ADEM and
returned to you.
5. Upon receipt back from ADEM, record the covenant in the
local county probate or property records office.
6. Have the recording clerk sign where indicated.
7. Return a copy of the fully-executed and recorded covenant
to ADEM.
For Trust Fund eligible releases, the Trust Fund will provide funding for
the preparation of the covenant.
Guidelines for Conducting UST Closure Site Assessments
Alabama Underground Storage
Tank Release Investigation and Corrective Action Guidance Manual (May 1995)
(Available upon request from the UST Program Staff) This
guidance provides information about the various investigative and corrective
action issues within the program.
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