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22-28-21
Section 22-28-21 Air pollution emergencies. (a) Any other provisions of law to the contrary
notwithstanding, if the director finds that a generalized condition of air pollution exists
and that it creates an emergency requiring immediate action to protect human health or safety,
the director shall order persons causing or contributing to the air pollution to reduce or
discontinue immediately the emission of air contaminants, and such order shall fix a place
and time, not later than 24 hours thereafter, for a hearing to be held before the Environmental
Management Commission. Not more than 24 hours after the commencement of such hearing, and
without adjournment thereof, the Environmental Management Commission shall affirm, modify
or set aside the order of the director. (b) In the absence of a generalized condition of air
pollution of the type referred to in subsection (a) of this section, but if the director
finds that emissions from the operation of one or more air contaminants sources...
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9-6-4
Section 9-6-4 Application for authority to incorporate; review of application and issuance
of executive order by Governor. (a) In order to form a public corporation under the provisions
of this chapter, any number of natural persons, not less than three, shall first file a written
application with the Governor. Such application shall: (1) Contain a statement that such public
corporation proposes to undertake and carry out one or more or all of the purposes defined
in Section 9-6-3 with respect to public corporations formed under this chapter; (2)
Contain a description by county name or otherwise of the geographical area of operation in
which the public corporation proposes to carry on its activities; (3) State that conditions
of water, air or general environmental pollution or any one or more of such conditions in
excess of normal acceptable tolerance as established or determined by appropriate regulatory
body or bodies exist within the area of operation, and that no public corporation...
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9-6-7
Section 9-6-7 Advisory committee. Whenever the described area of operation shall include
three or more counties or portions thereof, there shall be created an advisory committee to
consult with and assist the authority. The advisory committee shall consist of one member
from each affected county who shall be a person of good moral character and a duly qualified
elector of the county he represents on the advisory committee, together with the Governor,
the State Health Officer, the Commissioner of Conservation and Natural Resources, the State
Geologist, the Director of the State Industrial Development Board, the Chairman of the Alabama
Water Improvement Commission, the President of the Alabama Wildlife Federation and the head
of any air pollution regulating body which might be created by the Legislature of this state,
who shall be members ex officio of the advisory committee. The Governor shall be the chairman
of the advisory committee, and he shall designate one of the appointive...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued
pursuant to this article to conduct surface mining operations shall require that such surface
coal mining operations will meet all applicable performance standards of this article, and
such other requirements as the regulatory authority shall promulgate. (b) General performance
standards shall be applicable to all surface coal mining and reclamation operations and shall
require the operation as a minimum to: (1) Conduct surface coal mining operations so as to
maximize the utilization and conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through surface coal mining can be minimized; (2) Restore
the land affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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41-10-36
Section 41-10-36 Definitions. Unless the context requires otherwise, the terms defined
in this section shall have the following meanings for purposes of this division: (1)
AFFECTED BOND. Any obligation or portion thereof which is required under the terms of the
code to receive an allocation of the state ceiling as a condition for the exclusion of interest
on such obligation from the gross income of the recipient thereof for federal income tax purposes.
(2) ALLOCATION. An allocation of a portion of the state ceiling issued by the authority pursuant
to the provisions of this division. (3) APPLICATION. An application for an allocation, submitted
by an issuer under the provisions of this division. (4) APPLICATION FOR CARRYFORWARD ALLOCATION.
Any application filed with the authority seeking an elective carryforward of unused limitation
for a "carryforward purpose" as defined in Section 146(f)(5) of the code.
(5) AUTHORITY. The State Industrial Development Authority, a public corporation of...
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22-22A-3
Section 22-22A-3 Definitions. For the purposes of this chapter, the following words
and phrases, unless a different meaning is plainly required by the context or by legislation
governing functions transferred by this chapter, shall have the following meanings: (1) DEPARTMENT.
The Alabama Department of Environmental Management, established by this chapter. (2) DIRECTOR.
The director of the Alabama Department of Environmental Management. (3) DIVISION. A subdivision
of the Alabama Department of Environmental Management, which may be headed by a division chief.
Such divisions may be divided into sections where appropriate. (4) ENVIRONMENTAL MANAGEMENT
COMMISSION. The Environmental Management Commission of the Alabama Department of Environmental
Management. (5) FUNCTION(S). A duty, power or program exercised by or assigned to a commission,
board or the State Health Department, including all positions and personnel relating to the
performance of such function, unless otherwise provided by...
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9-16-93
Section 9-16-93 Violations; inspection by authority; remedial actions; hearing; action
by Attorney General. (a) Whenever, on the basis of any information available to it, including
receipt of information from any person, the regulatory authority has reason to believe that
any person is in violation of any requirement of this article or any permit condition required
by this article, the regulatory authority shall immediately order an inspection of the surface
coal mining operation at which the alleged violation is occurring unless the same information
is available to the regulatory authority as a result of a previous inspection. When the inspection
results from information provided to the regulatory authority by any person, the regulatory
authority shall notify such person when the inspection is proposed to be carried out and such
person shall be allowed to accompany the inspector during the inspection. The regulatory authority
shall consult with all state and federal agencies charged...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by
Attorney General in legal actions. In addition to any other powers and functions which may
be conferred upon it by law, the department is authorized beginning October 1, 1982 to: (1)
Administer appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting,
regulatory and enforcement functions; administer and enforce the provisions and execute the
functions of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of
this title; Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this
title; Sections 22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections
22-36-1 through 22-36-10. (2) Acting through the Environmental Management Commission, promulgate
rules, regulations, and standards in order to carry out the provisions and intent of this
chapter; provided, however, that prior to the promulgation of any state primary or...
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31-9-40
Section 31-9-40 Compact adopted and enacted. The Emergency Management Assistance Compact
is enacted into law and entered with all jurisdictions mutually adopting the compact in the
form substantially as follows: THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT Article I - Purpose
and Authorities. This compact is made and entered into by and between the participating member
states which enact this compact, hereinafter called party states. For the purpose of this
agreement, the term "states" is taken to mean the several states, the Commonwealth
of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose
of this compact is to provide for mutual assistance between the states entering into this
compact in managing any emergency or disaster that is duly declared by the governor of the
affected state or states, whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community disorders,...
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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this
section, it is the intention of this chapter to occupy by preemption the field of air
pollution control within all areas of the State of Alabama. However, nothing in this section
shall be construed to limit or abrogate any private remedies now available to any person for
the alleviation, abatement, control, correction, or prevention of air pollution or restitution
for damage resulting therefrom. (b) Subject to the provisions of this section, each
municipal governing body which had municipal ordinances in effect on, or before, July 1, 1969,
which pertain to air pollution control and which provide for the creation and establishment
of an air pollution control board and each county board of health shall have the authority
to establish, and thereafter administer, within their jurisdictions, a local air pollution
control program which: (1) Provides, subject to subsection (d) of this section, by
ordinance,...
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