Code of Alabama

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22-27-40
Section 22-27-40 Legislative findings. The Legislature finds that: (1) The state, its
subdivisions and the nation face an emerging crisis in solid waste management; (2) Proper
waste management is an increasingly complex issue involving the need for reducing the volumes
of waste requiring disposal, properly managing wastes to reduce the likelihood of both short-term
and long-term threat to human health and the environment, and assuring that adequate, environmentally
secure, waste management and disposal facilities will be available at reasonable costs to
accommodate wastes generated in the state; (3) Provision for necessary systems, facilities,
technology and services for solid waste management and resource recovery is a matter of important
public interest and concern, and action taken in this regard will be for a public purpose
and will benefit the public welfare; (4) Solid waste management problems are potentially statewide
in scope and necessitate state and local action through the...
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22-27-45
Section 22-27-45 State Solid Waste Management Plan. The Director of the Alabama Department
of Environmental Management, with the advice and consultation of the Solid Waste Management
Advisory Committee, is directed to prepare a State Solid Waste Management Plan. In developing
the state plan, the department will seek to achieve the following goals: (1) That solid waste
facilities and management systems are provided for in an orderly manner consistent with the
needs and plans of the state and its regions and local governments; (2) That alternative methods
of solid waste management are encouraged as a means of reducing the state's dependence on
landfilling; (3) That all aspects of local, regional and state planning, zoning, population
estimates, and economics are taken into consideration; and (4) That appropriate time schedules
are set for the phasing in of the required component parts of the system. Said plan shall
be developed in two phases: a. The first phase of the plan shall be...
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22-27-47
Section 22-27-47 Local plans required. (a) Each county and any municipality as described
below shall submit to the department, within one and one-half years of May 16, 1989, a plan
for the management of solid waste generated within its boundaries. A county's plan shall include
the municipal jurisdictions within its boundaries except that any municipality may choose
to submit its own solid waste management plan intended for implementation within its city
limits and thereby be excluded from its county plan. Cities which do not choose to exclude
themselves from their county's plan shall be responsible to share in the county's costs proportionately
on a per capita basis. The content of all plans shall be consistent with the requirements
of this article and every plan shall not become final until it has been officially adopted
and approved pursuant to the requirements of this article. In the event a county or city does
not submit a required plan or if said plan does not meet the minimum...
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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies,
the governing body of a county or municipality has a responsibility for and the authority
to assure the proper management of solid wastes generated within its jurisdiction in accord
with its solid waste management plan. A governing body may assign territories and approve
or disapprove disposal sites in its jurisdiction in accord with the plan approved for its
jurisdiction. Such approval or disapproval of services or activities described in the local
plan shall be in addition to any other approvals required from other regulatory authorities
and shall be made prior to any other approvals necessary for the provision of such services,
the development of a proposed facility or the modification of permits for existing facilities.
(b) The department may not consider an application for a new facility unless the application
has received approval pursuant to Section 22-27-48.1 by the affected local governing...

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11-89A-1
Section 11-89A-1 Legislative findings. It is hereby found and declared as follows: That
the collection, disposal, and utilization of solid waste is a matter of grave concern to all
citizens and is an activity thoroughly affected with the public interest; that the health,
safety, and welfare of the people of this state require efficient solid waste collection and
disposal service and efficient utilization of such waste; that the need exists to develop
alternative energy sources for public and private consumption in order to reduce our dependence
on such sources as petroleum products, natural gas, nuclear and hydroelectric generation;
that solid waste represents a potential source of solid fuel, oil or gas that can be converted
into energy; that technology exists to produce usable energy from solid waste; that there
is a need for planning, research, development, and innovation in the design, management, and
operation of facilities for solid waste management, in order to encourage...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal;
household exemptions; state regulatory program. (a) Generally. (1) The county commission or
municipal governing body may, and is hereby authorized to, make available to the general public
collection and disposal facilities for solid wastes in a manner acceptable to the department.
The county commission or municipal governing body may provide such collection or disposal
services by contract with private or other controlling agencies and may include house-to-house
service or the placement of regularly serviced and controlled bulk refuse receptacles within
reasonable (generally less than eight miles) distance from the farthest affected household
and the wastes managed in a manner acceptable to the department. (2) Any county commission
or municipal governing body providing services to the public under this article shall have
the power and authority by resolution or ordinance to adopt rules and...
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45-49-252.04
Section 45-49-252.04 Certificates of need. Certificates of need as required by Section
45-49-252.03 may be obtained for the management of solid waste in the following manner: (1)
An applicant for a certificate of need for a solid waste management activity or facility shall
petition the Mobile County Commission to deter- mine the need of such requested service by
the applicant. The applicant shall provide the commission with the following information as
applicable: a. A statement of purpose and need for the activity, service, or facility. b.
A statement of funding sources. c. A statement of financial resources of the applicant. d.
A statement of the cost of operation. e. A statement of existing facilities or services available.
f. Any other information requested by the commission. g. Information described in paragraphs
b., c., and d. shall not be required from persons desiring certificates of need to provide
nonresidential solid waste management activities, services, or facilities. (2)...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this
part, unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED
PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if
any, which has been left abandoned and unprotected from the elements and shall include wrecked,
inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators,
washing machines, plumbing fixtures, and other similar articles which have no value other
than nominal salvage value, if any; and is in a condition violative of Alabama statutes. (2)
ADMINISTRATIVE DEPARTMENT. The department charged by the Mobile County Commission with the
administrative management of this part. (3) COMMISSION. The Mobile County Commission of Mobile
County, Alabama. (4) BULKY WASTE. Items whose large size precludes or complicates their handling
by normal collection, processing, or disposal methods. (5) BUNDLE. A...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling
agency, public or private, elected, appointed, or volunteer utilizing methods approved by
the health department or the department for the purpose of controlling and supervising the
collection or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material
other than earth used to cover a landfill or sanitary landfill. An alternative cover shall
be approved by the Department of Environmental Management in compliance with federal law and
United States Environmental Protection Agency rules or guidance to achieve a level of performance
equal to or greater than earthen cover material. (3) ASHES. The solid residue from burning
of wood, coal, coke, or other combustible material used for heating, from incineration of
solid wastes, or for the production of electricity at electric generating...
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45-43-170.03
Section 45-43-170.03 Solid waste disposal - Definitions. As used in this article, the
following words shall have the following meanings respectively ascribed to them unless the
context clearly indicates otherwise: (1) BURNING. No garbage or rubbish containing garbage
or other putrescible materials or hazardous wastes shall be burned except in approved incinerators
meeting the regulations of the Alabama Department of Environmental Management requirements
and air pollution controls as now established or as may later be established. The open burning
of rubbish shall be permitted only under sharply controlled circumstances where sanitary landfill
or landfill is not feasible and not in proximity to sanitary landfill or landfill operations
where spread of fire to these operations may be a hazard in the opinion of the department.
(2) DEPARTMENT. Alabama Department of Environmental Management. (3) EXCEPTION. A person, household,
business, industry, or any property owner may store, haul, and...
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