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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
/occupiers in such areas prior to any blasting; b. Maintain for a period of at least three
years and make available for public inspection upon request a log detailing the location of
the blasts, the pattern and depth of the drill holes, the amount of explosives used per hole,
and the order and length of delay in the blasts; c. Limit the type of explosives and detonating
equipment, the size, the timing and frequency of blasts based upon the physical conditions
of the site so as to prevent (i) injury to persons, (ii) damage to public and private
property outside the permit area, (iii) adverse impacts on any underground mine, and (iv)
change in the course, channel, or availability of ground or surface water outside the permit
area; d. Require that all blasting operations be conducted by trained and competent persons
as certified by the regulatory authority; e. Provide that upon the request of a resident or
owner of a man-made dwelling or structure within one-half mile of any portion of...
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41-10-36
constitution or laws of the state to issue affected bonds. (10) LOCAL ISSUER. Any issuer which
is a county, municipality, or public corporation organized by or pursuant to approval by a
county or municipality (or pursuant to approval by two or more counties or municipalities
or both) and which is authorized by or pursuant to the constitution or laws of the state to
issue affected bonds. (11) MANUFACTURING FACILITY. Any facility which is used in the manufacturing
or production of tangible personal property (including processing resulting in a change
in the condition of such property), and includes any facility devoted to an activity described
in Standard Industrial Classification (SIC) Code Major Groups 20 through 39, or to agricultural
activities, and further includes office facilities related to the foregoing so long as such
office facilities are located on the premises of the manufacturing facility to which they
are related. (12) PRIVATE ACTIVITY BOND has the same meaning as that...
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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
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 with the enforcement of mine safety regulations and
shall ensure that the person accompanying the inspector complies with appropriate safety standards
and regulations. The regulatory authority shall provide that the person accompanying the inspector
assumes the risk of personal injury where such injury results from conduct
of the operator which is neither negligent nor intentional and where the person accompanying
the inspector fails to comply with appropriate safety standards and regulations. (b) When
on the basis of an inspection by an authorized representative of the regulatory authority,
the regulatory authority or its authorized representative determines that any condition or
practice exists or that any permittee is in violation of any requirement of this...
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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
the exchange of medical, fire, police, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies. Article VIII - Compensation. Each party shall provide
for the payment of compensation and death benefits to injured members of the emergency forces
of that state and representatives of deceased members of the forces in case members sustain
injuries or are killed while rendering aid pursuant to this compact, in the same manner and
on the same terms as if the injury or death were sustained within their own state.
Article IX - Reimbursement. Any party state rendering aid in another state pursuant to this
compact shall be reimbursed by the party state receiving the aid for any loss or damage to
or expense incurred in the operation of any equipment and the provision of any service in
answering a request for aid and for the costs incurred in connection with such requests. Any
aiding party state may assume in whole or in part loss, damage, expense, or other...
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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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