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22-30-4
Section 22-30-4 Regulatory and investigative authority; monitoring of commercial sites for
hazardous wastes; fees; hearings and investigations. (a) The department has exclusive regulatory
authority over all hazardous waste generation, transportation, storage, treatment and disposal
and other management practices in the state, and shall, from time to time, investigate and
monitor sources of generation, transportation, storage, treatment and disposal of hazardous
waste. However, nothing in this chapter shall be construed to limit the authority of the Alabama
Department of Public Health to regulate wastes containing radioactive materials under Chapter
14 of this title. (b) In exercising such exclusive authority, the department shall provide
sufficient personnel with training in hazardous waste management and a minimum of a bachelor's
degree in the sciences or engineering to comprehensively monitor all commercial sites for
the disposal of hazardous wastes. Such personnel shall be hired by...
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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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22-30-9
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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22-30B-1
Section 22-30B-1 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMERCIAL SITE FOR THE
DISPOSAL OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. A site or facility receiving hazardous
waste or hazardous substances, as defined herein, not generated on site, for disposal and
to which a fee is paid or other consideration given for such disposal. (2) DISPOSAL. The discharge,
deposit, injection, dumping, spilling, incineration, leaking or placing of any waste or substance
into or on any land or water so that such waste or substance or any constituent thereof may
enter the environment or be emitted into the air or discharged into any waters including groundwaters
at a commercial site within the State of Alabama for the disposal of hazardous waste or hazardous
substances as defined herein. For the purpose of this chapter incineration does not include
hazardous substances or waste that have been...
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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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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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22-27-48.1
Section 22-27-48.1 Approval process by local governing body for siting of new solid waste management
facility. (a) This section applies to the siting of any new solid waste management facility,
as defined in Section 22-27-2. (b) The governing body of a county or municipality shall make
a discretionary decision to approve or disapprove the siting of a new solid waste management
facility in accordance with this section. (c) Any person or entity seeking approval from the
governing body of a county or municipality for the siting of a new solid waste management
facility shall also submit to the governing body as part of its application, the application
fee required under subsection (d) of Section 22-27-48 and all of the following information:
(1) A written document addressing each of the criteria described in subsection (c) of Section
22-27-48. (2) The applicant's experience of owning or operating other solid waste facilities.
(3) Information relating to the applicant's financial resources,...
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11-54-20
Section 11-54-20 Definitions. Wherever used in this article, unless a different meaning clearly
appears in the context, the following terms shall be given the following respective meanings:
(1) MUNICIPALITY. Any incorporated city or town in the State of Alabama. (2) PROJECT. Any
land and any building or other improvement thereon and all real and personal properties deemed
necessary in connection therewith, whether or not now in existence, which shall be suitable
for use by the following or by any combination of two or more thereof: a. Any industry for
the manufacturing, processing, or assembling of any agricultural or manufactured products;
b. Any commercial enterprise in storing, warehousing, distributing, or selling products of
agriculture, mining, or industry; c. Any commercial enterprise providing linen rental services
(including laundry and cleaning services related or incidental thereto) primarily to industries
and commercial enterprises described in either of the preceding...
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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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22-22-1
Section 22-22-1 Short title; definitions. (a) This chapter may be cited as the "Alabama
Water Pollution Control Act." (b) For the purposes of this chapter, unless otherwise
indicated, the following terms shall have the meanings respectively ascribed to them by this
section: (1) COMMISSION. The Alabama Department of Environmental Management. (2) WATERS. All
waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly
or partially within the state, natural or artificial. This does not include waters which are
entirely confined and retained completely upon the property of a single individual, partnership
or corporation unless such waters are used in interstate commerce. (3) POLLUTION. The discharge
of a pollutant or combination of pollutants. A pollutant includes but is not limited to dredged
spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical
wastes, biological materials, radioactive materials, heat, wrecked or...
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