Code of Alabama

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22-27-49
Section 22-27-49 Moratorium on issuance of permits. (a) For the purpose of evaluating
solid waste management problems facing the state and to allow for the development of comprehensive
plans to identify and provide for the state's solid waste management needs, there is hereby
imposed a moratorium on the issuance by the Department of Environmental Management of any
new or modified permits or transfers of existing permits for solid waste management facilities
which receive or are intended to receive wastes not generated by the permittee. Said moratorium
shall not apply to industrial landfills receiving waste generated in state only by the permittee.
Modifications for the limited purposes of changing liner and leachate collection design, changes
in waste streams from within the facility's designated service area, changes in sequence of
fill, and changes to incorporate new technology, or changes intended to bring a facility into
compliance with statutes and regulations are specifically...
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22-27-7
Section 22-27-7 Supervision and regulatory control; rules and regulations; penalty for
violation of article. 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 any provision of this article or any rule or regulation made pursuant
to this article shall be guilty of a misdemeanor and, upon conviction, shall...
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22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility
and hazardous waste disposal site operators. (a) The department, acting through the commission,
is authorized to promulgate rules and regulations establishing such standards, applicable
to owners and operators of hazardous waste treatment, storage or disposal facilities as may
be necessary to protect human health or the environment. In establishing such standards, the
department may, where appropriate, distinguish in such standards between requirements appropriate
for new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
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45-36-250.01
Section 45-36-250.01 Reimbursement of surplus funds. (a) Notwithstanding any other law
to the contrary, the Jackson County Commission may reimburse the Jackson County General Fund
for all payments made from the general fund for, or related to, the operation of the Jackson
County Solid Waste Program. Funds used for a reimbursement by the county commission shall
be derived from surplus funds over the operating costs of the Jackson County Solid Waste Program
as determined by standard government fund accounting principles. (b) The county commission
may receive a reasonable administrative fee payable to the Jackson County General Fund by
a transfer of funds from the Solid Waste Fund in an amount up to five percent of the gross
revenue generated by the Jackson County Solid Waste Program on an annual basis in order to
reimburse the county general fund for expenses related to the administration of the solid
waste program and fund. (Act 2014-311, p. 1113, ยง2.)...
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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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16-13B-2
Section 16-13B-2 Exceptions to competitive bidding requirements. (a) Competitive bids
shall not be required for utility services for county or city boards of education, the rates
for which are fixed by law, regulation, or ordinance, and the competitive bidding requirements
of this chapter shall not apply to: (1) The purchase of insurance. (2) Contracts for securing
services of attorneys, physicians, architects, teachers, superintendents of construction,
artists, appraisers, engineers, consultants, certified public accountants, public accountants,
or other individuals possessing a high degree of professional skill where the personality
of the individual plays a decisive part. (3) Contracts of employment in the regular civil
service. (4) Contracts for fiscal or financial advice or services. (5) Purchases of products
made or manufactured by the blind or visually handicapped under the direction or supervision
of the Alabama Institute for Deaf and Blind in accordance with Sections 21-2-1 to...
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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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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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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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22-27-22
Section 22-27-22 Authority of counties to issue and sell warrants; full faith and credit
of county pledged to payment; restrictions on use of proceeds. Each county shall have the
power from time to time to sell and issue interest-bearing warrants of such county for the
purpose of paying costs to that county of acquiring and providing solid wastes collection
and disposal facilities. Such warrants may be in such denomination or denominations, may have
such maturity or maturities not exceeding 30 years from their date, may bear interest from
their date at such rate or rates payable at such times, may be payable at such place or places
within or without the state, may be sold at such time or times and in such manner, whether
publicly or privately, may be executed in such manner and may contain such terms not in conflict
with the provisions of this article, all as the county commission of such county may provide
in the proceedings wherein the warrants are authorized to be issued. All such...
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