Code of Alabama

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22-30B-1.1
Section 22-30B-1.1 Legislative findings. The Legislature finds that: (1) The state is
increasingly becoming the nation's final burial ground for the disposal of hazardous wastes
and materials; (2) The volumes of hazardous wastes and substances disposed in the state have
increased dramatically for the past several years; (3) The existence of hazardous waste disposal
activities in the state poses unique and continuing problems for the state; (4) As the site
for the ultimate burial of hazardous wastes and substances, the state incurs a permanent risk
to the health of its people and the maintenance of its natural resources that is avoided by
other states which ship their wastes to Alabama for disposal; (5) The state also incurs other
substantial costs related to hazardous waste management including the costs of regulation
of transportation, spill cleanup and disposal of ever-increasing volumes of hazardous wastes
and substances; (6) Because all waste and substances disposed at commercial...
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22-30B-2.4
Section 22-30B-2.4 Restrictions on disposal of hazardous waste; exceptions. No commercial
site for the disposal of hazardous waste and hazardous substances shall during any calendar
year receive and dispose of more than 600,000 tons of waste that cannot be legally disposed
of in a solid waste landfill permitted under Subtitle D of RCRA 42 U.S.C. ยง6941. Provided,
however, that the Environmental Management Commission or its designee may allow the disposal
of hazardous wastes in excess of the 600,000 ton annual limitation of volume imposed in this
section if such action is determined by the Environmental Management Commission or
its designee to be necessary to protect human health or the environment in the state. Provided
further, if the commission determines that public awareness of environmental matters may be
enhanced by special events or if amnesty or similar programs will promote the protection of
human health and the environment of Alabama, then it may exempt any wastes so...
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11-89A-15
Section 11-89A-15 Cooperation, aid, and agreements from and with other bodies. (a) For
the purpose of attaining the objectives of this chapter, any county, municipality, or other
political subdivision, public corporation, agency, or instrumentality of the state, a county
or municipality may, upon such terms and with or without consideration, as it may determine,
do any or all of the following: (1) Lend or donate money to any authority or perform services
for the benefit thereof; (2) Donate, sell, convey, transfer, lease, or grant to any authority,
without the necessity of authorization at any election of qualified voters, any property of
any kind; (3) Do any and all things, whether or not specifically authorized in this section,
not otherwise prohibited by law, that are necessary or convenient to aid and cooperate with
any authority in attaining the objectives of this chapter; and (4) To pay to any authority
the proceeds of any special tax appropriated, apportioned, or allocated to...
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22-30-9
Section 22-30-9 General responsibilities of State Department. The responsibilities of
the department include the following: (1) The department may adopt procedures for granting
variances and is empowered to grant such variances. (2) The department, acting through the
commission, may promulgate, and may revise when appropriate, rules and regulations and may
enter into agreements to ensure that information obtained by the department regarding facilities
and sites for the treatment, storage and disposal of hazardous waste is available to the public
in substantially the same manner, and to the same degree, as would be the case under the Federal
Hazardous Waste Management Program administered by the United States Environmental Protection
Agency under authority of the RCRA and shall establish procedures to ensure that trade secrets
used by any person regarding methods of hazardous wastes handling and disposal are utilized
by the department, or any authorized representative of the department,...
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11-89A-4
Section 11-89A-4 Incorporation procedure; contents, execution, and filing of certificate
of incorporation; notice to Secretary of State. (a) Within 40 days following the adoption
of an authorizing resolution (or, if there is more than one, the last adopted thereof), the
applicants shall proceed to incorporate an authority by filing for record in the office of
the judge of probate of the county in which the principal office of the authority is to be
located a certificate of incorporation which shall comply in form and substance with the requirements
of this section and which shall be in the form and executed in the manner provided
in this chapter and shall also be in the form theretofore approved by the governing body of
each determining subdivision. (b) The certificate of incorporation of the authority shall
state: (1) The names of the persons forming the authority, and that each of them is a duly
qualified elector of the determining subdivision (or, if there is more than one, at least...

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22-27-7
Section 22-27-7 Supervision and regulatory control; rules and regulations; penalty for
violation of article. With regard to the collection of solid wastes, the Health Department
shall exercise such supervision over equipment, methodology and personnel in the management
of solid wastes as may be necessary to enforce sanitary requirements, and the state and county
boards of health may adopt such rules and regulations as may be needed to specify methodology
and procedures to meet the requirements of this article. With regard to the disposal of solid
wastes, the department shall exercise such regulatory control over the management of solid
wastes as may be necessary to enforce the requirements of the department, and the department
may adopt such rules and regulations as may be needed to meet the requirements of this article.
Any person violating any provision of this article or any rule or regulation made pursuant
to this article shall be guilty of a misdemeanor and, upon conviction, shall...
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22-4-3
Section 22-4-3 State Board of Health designated as State Health Planning and Development
Agency; powers and duties generally. (a) The State Board of Health is hereby designated as
the sole and official State Health Planning and Development Agency. (b) The State Board of
Health is authorized and empowered: (1) To conduct the health planning and development activities
of the state; (2) To prepare, review and revise as necessary a preliminary state health plan,
which shall be made up of the health systems plans of the health systems agencies within the
state, and which shall be submitted to the Statewide Health Coordinating Council for approval
or disapproval and for use in developing the state health plan; (3) Upon implementation of
Title XVI of the Public Health Service Act and adoption of federal regulations thereto, to
prepare, review and revise as necessary a State Medical Facilities Plan, which shall be submitted
to the Statewide Health Coordinating Council for approval or...
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22-4-8
Section 22-4-8 Statewide Health Coordinating Council - Functions. (a) The Statewide
Health Coordinating Council shall advise and serve as consultants to the State Board of Health
regarding policies and regulations necessary for carrying out this article. (b) In addition,
the council shall perform the following functions: (1) Review annually and coordinate the
health systems plans of each of the health systems agencies; (2) Prepare, review and revise
as necessary, with the assistance of the State Health Planning and Development Agency, and
approve or disapprove, the State Health Plan, which shall be made up of the health systems
plans modified to achieve their coordination and compliance with statewide health planning
criteria and standards; (3) Review the State Medical Facilities Plan, pursuant to Title XVI
of the Public Health Service Act, prepared by the State Health Planning and Development Agency,
and approve the plan as consistent with the State Health Plan and advise and consult...
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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings:
(1) ACTIVITY AND USE LIMITATIONS. Restrictions or obligations created under this chapter with
respect to real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental
Management. (3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property
with respect to which a person, by virtue of the person's ownership of a parcel of real property,
is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement
of other real property described in a recorded covenant that creates the common interest community.
(4) DIRECTOR. The Director of the Alabama Department of Environmental Management or his or
her designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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11-89A-2
Section 11-89A-2 Definitions. The following words and phrases used in this chapter,
and others evidently intended as the equivalent thereof, shall, in the absence of a clear
implication herein otherwise, be given the following respective interpretations herein: (1)
APPLICANT. A natural person who files a written application with the governing body of any
county or municipality in accordance with the provisions of Section 11-89A-3. (2) AUTHORITY.
Any public corporation organized pursuant to the provisions of this chapter. (3) AUTHORIZING
RESOLUTION. A resolution or ordinance adopted by the governing body of any county or municipality
in accordance with the provisions of Section 11-89A-3, that authorizes the incorporation
of an authority. (4) BOARD. The board of directors of an authority. (5) BONDS. Bonds, notes,
or other obligations representing an obligation to pay money. (6) COSTS. As applied to a facility
or any portion thereof, such term shall include all or any part of the cost of...
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