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22-27-5
Section 22-27-5 Authority of localities to establish charges, fees, etc., and enter
into mutual agreements or contracts; approval of department; licensing of private or corporate
agencies; permits and bonds; nonpayment of fees, etc. (a) Fees, etc.; mutual agreements or
contracts. The county commission or municipality undertaking the responsibility for providing
services to the public under this article may establish fees, charges and rates and may collect
and disburse funds within cooperating areas or districts, inside or outside the corporate
limits of municipalities or inside or outside of county boundaries, for the specific purpose
of administering this article and providing and operating a solid waste program. Also, said
county commission or public authority may enter into mutual agreements or contracts with the
government bodies of other counties, municipalities, corporations or individuals, where deemed
to be mutually economical and feasible, to jointly or individually collect,...
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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission,
is authorized to promulgate a permit program for hazardous waste management practices and,
acting through the commission, to promulgate criteria for issuing permits and rules identifying
procedures for obtaining permits. (b) Except as provided by this subsection or subsections
(i) and (j) of this section, no person shall engage in the transportation, treatment,
storage or disposal of hazardous waste without having applied for and obtained a permit from
the department issued under authority of this section. The department, acting through
the commission, may promulgate rules which exempt certain hazardous waste management practices
from the requirement to obtain a permit under this section. (c) Unless specifically
exempted from regulation by this chapter or rules promulgated under authority of this chapter,
no person may commence or continue construction or operation of any hazardous waste treatment,...
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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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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other
rights and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or
any combination thereof, according to the requirements of this article, and the rules of the
department or the health department, as authorized by this article, and if disposed of in
this state, shall be disposed in a permitted landfill or permitted incineration, or reduced
in volume through composting, materials recovery, or other existing or future means approved
by and according to the requirements of the department, under authorities granted by this
article. (b) The creation, contribution to, or operation of an unauthorized dump is declared
to be a public nuisance per se, a menace to public health, and a violation of this article.
In addition to other remedies which are available, an unauthorized dump may be enjoined through
an action in the circuit court having jurisdiction over the property in which the...
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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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11-29-6
Section 11-29-6 Distribution of fund capital; purposes for which counties may use funds.
The fund capital shall be distributed to the several counties of the state and shall be paid
on April 15 of the fiscal year for which each annual appropriation is made as follows: Part
of the funds to be paid to counties that is equal to 45.45 percent of the total of such portion
shall be allocated equally among the 67 counties of the state; and the entire residue of the
portion to be paid to counties, being an amount equal to 54.55 percent of such portion, shall
be allocated among the 67 counties of the state on the basis of the ratio of the population
of each county to the total population of the state according to the then next preceding federal
decennial census or, prior to the effective date of the 1990 decennial census, any special
federal census held in any county subsequent to the effective date of the 1980 federal decennial
census and prior to the adoption hereof. Such funds shall only be...
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11-89-4
Section 11-89-4 Filing of certificate of incorporation, copies of resolutions of governing
bodies, etc., with probate judge; contents and execution of certificate of incorporation;
notification of Secretary of State of recordation of certificate of incorporation by probate
judge. (a) Within 40 days following the adoption of an authorizing resolution or, in the event
an application was filed with more than one governing body within 40 days following the adoption
of an authorizing resolution by that governing body that was the last to adopt an authorizing
resolution, but if and only if each other governing body with whom such application was filed
has theretofore adopted an authorizing resolution, the applicants shall proceed to incorporate
a district by filing for record in the office of the judge of probate of the county in which
the principal office of the district is to be located, as specified in the certificate of
incorporation provided for in this section, a certificate of...
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11-89A-13
Section 11-89A-13 Freedom of authority from supervision and control of state; applicability
of Article 1 of Chapter 27 of Title 22. (a) This chapter is intended to aid the state through
the furtherance of the purposes of the chapter by providing appropriate and independent instrumentalities
with full and adequate powers to fulfill their functions. Except as expressly provided in
this chapter, no proceeding, notice, or approval shall be required for the incorporation of
any authority or the amendment of its certificate of incorporation, the purchase of any note
or other instrument secured by a mortgage, deed of trust, note, or other security interest,
the issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture,
or the exercise of any other of its powers by an authority. Neither a public hearing nor the
consent of the State Department of Finance or any other department, agency, bureau, board,
or corporation of the state shall be prerequisite to the...
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22-30-5.1
Section 22-30-5.1 Restriction on number of commercial hazardous waste treatment facilities
or disposal sites per county; legislative approval of sites. (a) The term "hazardous
waste" shall mean the same as defined by Section 22-30-3(5). (b) Committee shall
mean the continuing Select Joint Nuclear Energy Activities and Hazardous Chemical Toxic Waste
Oversight Committee as created by Act No. 81-307, H.J.R. 254 (p. 392), as amended by Act No.
84-329, S.J.R. 214 (pp. 754-755). (c) There shall be no more than one commercial hazardous
waste treatment facility or disposal site as defined by subdivisions (4) and (14) of Section
22-30-3 situated within any one county of the state. Provided, however, no commercial hazardous
waste treatment or disposal site not in existence on or before December 31, 1988, shall be
situated until: (1) a written proposal or application addressing the items found in subdivisions
(d)(1) through (d)(7) of this section is submitted by the applicant wishing to construct...
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