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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-27-48.htm - 6K - Match Info - Similar pages
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
INCINERATION. A controlled process by which solid, liquid, or gaseous combustible wastes are
burned and changed into gases, and the residue produced contains little or no combustible
material. (20) INDUSTRIAL SOLID WASTE. Solid waste that results from industrial processes
and manufacturing. (21) INFECTIOUS WASTES. Those wastes resulting from the operation of medical
clinics, hospitals, abattoirs, and other facilities producing waste which may consist of,
but are not limited to, human and animal parts, contaminated bandages, pathological
specimens, hypodermic needles, contaminated clothing, and surgical gloves. (22) NON-RESIDENTIAL
SOLID WASTE. Solid waste from agricultural, commercial, industrial, or institutional activities
or from parcels of property occupied by six or more residential units unless exempt by the
Mobile County Commission from mechanical pickup requirements. (23) PERSONS. Any individual,
partnership, copartnership, firm, company, public or private corporation,...
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22-27-2
by the owner or operator of a municipal solid waste landfill which guarantees the availability
of funds which may be used to close, provide post-closure care, or conduct corrective action
at that facility if the owner or operator fails to properly execute his or her responsibilities
under this article and any rules adopted by the department for closure, post-closure care,
or corrective action and the terms of any permit issued for operation of that facility. (12)
GARBAGE. Putrescible animal and vegetable wastes resulting from the handling, preparation,
cooking, and consumption of food, including wastes from markets, storage facilities, handling
and sale of produce and other food products and excepting such materials that may be serviced
by garbage grinders and handled as household sewage. (13) GENERATION. The act or process of
producing solid waste. Solid waste shall be considered to be generated at the point that waste
materials are first discarded or collected, regardless of...
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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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