Code of Alabama

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45-43-170.05
Section 45-43-170.05 Solid waste disposal - Management and enforcement. 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 this article
or any rule or regulation made pursuant to this article shall be guilty of a violation and,
upon conviction, shall be fined as provided by state law and not less than...
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22-27-5.2
Section 22-27-5.2 Solid waste landfill moratorium. (a)(1) Notwithstanding any provision of
law, until May 31, 2014, neither the department nor any state or local agency may grant any
new permits to a new public solid waste landfill facility which is intended to receive waste
not generated by the permittee. (2) The moratorium period is necessary in order to allow the
department and the Alabama Department of Public Health to review their duties and responsibilities
pursuant to the Solid Wastes and Recyclable Materials Management Act. As appropriate, following
this review, the department, with input from the Alabama Department of Public Health, shall
make recommendations for necessary legislation or undertake rulemaking to implement enhancement
identified during the review period. (3) For the purpose of evaluating solid waste landfill
management issues facing the state and to allow for the update of the state's comprehensive
solid waste management plan to identify and provide for the...
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22-27-12
Section 22-27-12 Powers of department. The department may do the following: (1) Adopt rules
to implement this article. (2) Adopt rules establishing requirements and restrictions for
the management of solid waste, excluding the collection and transportation of nonhazardous
and nonmedical solid waste. The rules may include factors such as the characteristics of the
solid waste, the potential for contamination of soils or ground and surface waters, the design
and operation of management facilities, the financial capabilities of the applicant, soil
and geological considerations, human health, and other environmental considerations. With
respect to solid waste disposal or materials recovery facilities, the rules may also include
factors such as the quantity, nature, and origin of solid wastes and recovered materials to
be managed. The department may condition the issuance of a permit for any solid waste management
or materials recovery facility upon the facility being consistent with...
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22-27-17
Section 22-27-17 Disposal fees; disposition of funds; exemptions; review of records; biennial
report. (a) Beginning on October 1, 2008, the following disposal fees are levied upon generators
of solid waste who dispose of solid waste at solid waste management facilities permitted by
the department subject to this chapter, which shall be collected in accordance with subsection
(b): (1) One dollar ($1) per ton for all waste disposed of in a municipal solid waste landfill.
(2) One dollar ($1) per ton or twenty-five cents ($0.25) per cubic yard for all waste disposed
of in public industrial landfills, construction and demolition landfills, non-municipal solid
waste incinerators, or composting facilities, which receive waste not generated by the permittee.
(3) Twenty-five cents ($0.25) per cubic yard for all waste disposed of in a private solid
waste management facility, not to exceed one thousand dollars ($1,000) per calendar year.
(4) Regulated solid waste that may be approved by the...
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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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45-49-252.12
Section 45-49-252.12 Responsibility of generator. Any person who generates solid waste within
the county shall also be responsible for insuring that such solid waste is managed in accordance
with the terms and provisions of this part, and may be required by the director to show to
the satisfaction of the director that such management is being done. If an object of solid
waste is discovered upon any property except property designated for use as a solid waste
management facility pursuant to Section 45-49-252.04 in violation of this part, and if that
object bears a person's name or photographic likeness; it shall be prima facie evidence that
the person whose name or likeness appears on the object threw, dumped, deposited, or caused
it to be thrown, dumped, or deposited there in violation of this part. (Act 81-450, p. 773,
ยง13.)...
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45-49-252.09
Section 45-49-252.09 Disposal of waste. (a) All solid waste in Mobile County shall be disposed
of in accordance with this code and this part. No solid waste shall be disposed of except
in approved disposal facilities operated by the county or by persons possessing valid permits
and certificates of need issued according to this part. However, solid waste material may
be used for construction site fill with the approval of the Mobile County Building Inspector.
The approval shall be in writing. (b) Any producer of hazardous or infectious waste shall
possess a permit for handling or managing solid waste issued in accordance with Section 45-49-252.05.
This permit shall specify all management techniques to be used in connection with such solid
waste. Under no circumstances shall untreated hazardous or infectious wastes be disposed of
at disposal facilities not specifically permitted to dispose of such wastes. (c) Builders,
building contractors, and privately employed tree trimmers and tree...
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19-3D-9
Section 19-3D-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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22-30-3
Section 22-30-3 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMISSION. The Environmental
Management Commission of the Alabama Department of Environmental Management as created by
Section 22-22A-6. (2) DEPARTMENT. The Alabama Department of Environmental Management as created
by Section 22-22A-4. (3) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (4) DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous waste into or on any land or water so that such hazardous waste or
any constituent thereof may enter the environment or be emitted into the air or discharged
into any waters, including ground waters. (5) HAZARDOUS WASTE. A solid waste, or combination
of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious
characteristics may: a. Cause, or significantly contribute to,...
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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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