22-22B-3
Section 22-22B-3 State government program for waste reduction and the collection of
recyclable wastes; planning and implementation; annual reports by agencies; what to be included
in programs; coordination of efforts. (a) The Department of Environmental Management shall
assess the status of recycling efforts undertaken by the state for solid waste generated by
the operations of state agencies and public school systems and shall evaluate existing programs
and develop necessary new programs for recycling to reduce the generation of solid waste by
the state. The programs shall include, without limitation, recycling of office papers, cardboard,
yard waste and other materials produced by the state for which recycling markets exist or
may be developed. (b) Waste reduction and recycling plan. Within 180 days of April 19, 1990,
the Department of Environmental Management shall develop and implement a model program for
the reduction and recycling of the solid wastes generated by its own...
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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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45-12-241.01
Section 45-12-241.01 Privilege license tax for mandatory solid waste disposal program.
(a) This section shall only apply to Choctaw County. (b) As used in this section,
state sales and use tax means the tax imposed by the state sales and use tax statutes, including,
but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62,
and 40-23-63 of the Code of Alabama 1975. (c) The County Commission of Choctaw County may
levy, in addition to all other taxes, a privilege license tax against gross sales in an amount
up to two cents which shall be exclusively for the operational fund of the county mandatory
solid waste disposal program. The gross proceeds of all sales which are presently exempt under
the state sales and use tax statutes are exempt from the tax authorized by this section.
(d) The tax levied by this section shall be collected by the State Department of Revenue,
or such other entity as determined by the county commission, at the same time and in...
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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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22-27-42
Section 22-27-42 Legislative intent. In furtherance of the policies and purposes set
forth herein, it is the intent of this legislation: (1) To develop an integrated system of
planning for solid waste management in the state by local governments, regional planning commissions
and the department; (2) To put in place the necessary procedures so that an effective and
integrated statewide network of solid waste management facilities may be planned, developed
and operated for the benefit of the people of the state; (3) To assure that solid waste management
planning and implementation activities should, to the extent economically feasible, encourage:
a. Reduction of the amount of source waste generated; b. Source separation and recycling;
and c. Waste processing such as the utilization of a waste-to-energy technology to reduce
the volume of waste necessary for land disposal. (4) To facilitate the siting of solid waste
management facilities as required to meet present and projected state and...
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22-27-9
Section 22-27-9 Authority of Department of Environmental Management and Department of
Public Health. (a) The Department of Environmental Management shall be the agency with primary
regulatory authority over the management of solid waste in the state, except for the collection
and transportation of nonhazardous and nonmedical solid waste. The department may exercise
the regulatory authority over the permitting and operation of solid waste management facilities
necessary to enforce the requirement and purposes of this article. (b) The Alabama Department
of Public Health shall have primary regulatory authority over the collection and transportation
of solid waste, excluding medical waste and hazardous waste, the management of sanitary waste
in septic tanks, excluding landfill disposal, and the management of collection activities
including, but not limited to, the provision of collection services by county and municipal
governing bodies, participation in local collection systems, the...
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22-27-46
Section 22-27-46 Regional planning and development commissions. (a) Not later than six
months from May 16, 1989, each regional planning and development commission in the state shall
prepare and adopt a regional needs assessment evaluating solid waste management needs in their
respective regions. This regional needs assessment shall be submitted to the department for
information and review and shall be considered by units of local government within the region
in the development of their individual plans as required herein. Thereafter, the assessment
shall be revised and submitted to the department and local governments in the region annually.
The regional needs assessment shall include, at a minimum, the following: (1) An evaluation
of the amount of solid waste generated within the region and the amount of remaining disposal
capacity, expressed in years, at each solid waste disposal facility within the region; (2)
An evaluation of the needs of all localities within the district as to...
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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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11-89A-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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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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