Code of Alabama

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22-25B-1
Section 22-25B-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ADEM. The Alabama
Department of Environmental Management. (2) ADPH. The Alabama Department of Public Health.
(3) CERTIFICATE OF ECONOMIC VIABILITY. The certification by the commission of the financial
viability of a wastewater management entity's financial viability pursuant to this chapter.
(4) CLUSTER WASTEWATER SYSTEM. An integrated wastewater collection system or treatment system,
or both, or multiple systems serving a single development or contiguous developments, which
collectively have a design flow of 15,000 GPD or less, and is designed and permitted for discharge
of the treated wastewater to a subsurface distribution system, but excluding systems that
discharge directly to surface waters of the state. The system must be designed by and certified
by a licensed professional engineer to comply with design and permit...
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22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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9-16-90
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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22-25B-3
Section 22-25B-3 Responsibilities of wastewater management entities. (a) No person, firm, corporation,
or other legal entity shall operate as a wastewater management entity without full compliance
with this chapter and rules promulgated hereunder. (b) Every cluster and community wastewater
system shall be operated by a wastewater management entity as authorized under this chapter.
Wastewater management entities shall be subject to such operational permits as may be issued
by the department and such certificates as may be issued by the PSC. (1) A PSC certificate
of financial viability shall be valid for a period of two years from the date of issuance.
A new certificate of financial viability is required when a wastewater management entity is
issued a new operational permit by the department or when an operational permit is modified
by the department. (2) An operational permit for a cluster or community wastewater system
issued by the department shall be valid for a period of five years...
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34-21A-2
rules. (14) RESPONSIBLE CHARGE. The person in responsible charge must direct the projects involving
the installation or service and repair of an onsite sewage system under Alabama law. The person
in responsible charge must be a full-time employee, owner, partner, or a corporate officer
of the partnership, corporation, business trust, or other legal entity. The person in responsible
charge must possess the required skill, knowledge, and experience and have the responsibility
to supervise, direct, manage, and control the installation, service, or repair activities
of the business entity with which he or she is affiliated. The board may examine the technical
and personal qualifications of the person in responsible charge and may investigate
and/or examine the person's qualifications. (15) SERVICING. The act of cleaning, maintaining,
or repairing an installed onsite sewage system. (Act 99-571, p. 1265, §2; Act 2002-521, p.
1351, §1; Act 2003-58, p. 83, §3; Act 2010-258, p. 453, §1.)...
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45-10-170.20
Section 45-10-170.20 Creation; composition; powers; advisory committee. (a) For purposes of
this section, the term "decentralized wastewater system" is defined as a system
for collection, treatment, and dispersal or reuse of wastewater from clusters of homes and
businesses near the point of origin of wastewater generation, in which solids, greases, and
oils are collected in an interceptor tank. (b)(1) There is created the Cherokee County Decentralized
Wastewater System Authority to oversee the construction, maintenance, and operation of decentralized
wastewater systems in Cherokee County. The jurisdiction of the authority shall include the
unincorporated areas of Cherokee County. Any municipality in Cherokee County may elect to
come under the jurisdiction of the Decentralized Wastewater Authority upon the adoption of
a resolution and, once under the jurisdiction, may remove itself from the jurisdiction of
the authority upon the adoption of a resolution. (2) The authority shall consist...
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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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22-25B-6
Section 22-25B-6 PSC regulation of wastewater management entities. (a) The PSC shall promulgate
and enforce such rules as are necessary to certify and monitor the economic viability of wastewater
management entities. Such regulations may include, but may not be limited to, the following:
(1) Financial viability requirements necessary to insure the long-term operation and maintenance
of wastewater systems. (2) Conditions for the operation or permitting, or both, of cluster
wastewater and community wastewater systems. (3) A system of notice to report any violations
of certifications, permits, law, regulations, directives, or orders, or any combination of
these, of the PSC, ADEM, or ADPH. (4) Enforcement mechanisms to insure compliance with law,
regulations, certificates, and directives of the PSC. (5) Standardized financial operations
and management of cluster and community wastewater systems and wastewater management entities.
(b) The PSC may make the determination of economic viability...
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22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility and hazardous
waste disposal site operators. (a) The department, acting through the commission, is authorized
to promulgate rules and regulations establishing such standards, applicable to owners and
operators of hazardous waste treatment, storage or disposal facilities as may be necessary
to protect human health or the environment. In establishing such standards, the department
may, where appropriate, distinguish in such standards between requirements appropriate for
new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
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