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22-38-2
Section 22-38-2 Definitions. For the purposes of this chapter the following words and phrases
shall have the following meaning: (1) COMMITTEE. The Alabama State Soil and Water Conservation
Committee. (2) COST-SHARE FUNDS or COST-SHARE GRANTS. Any federal financial assistance for
landusers received by the department or other state agencies to support implementation of
agricultural nonpoint source pollution control. Such funds shall include federal match and
nonfederal match funds. (3) DEPARTMENT. The Alabama Department of Environmental Management.
(4) LANDUSER. Any person, individual, partnership, company, corporation or other legal entity
who qualifies for the receipt of cost-share funds from the Alabama state soil and water conservation
committee in accordance with all applicable rules, regulations or practices. (5) PLAN. The
state nonpoint source management program for the control of discharges of pollution from nonpoint
sources to waters of the state and for improving the quality of...
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45-36-171
Section 45-36-171 Abatement of nuisances related to commercial swine farming operations. (a)
This section shall apply only in Jackson County, Alabama. (b) The following terms shall have
the following meanings: (1) COUNTY. Jackson County. (2) COUNTY COMMISSION. The Jackson County
Commission. (3) SWINE FARM or SWINE FARMING. Commercial concentrated animal feeding operations
for swine. For purposes of this section, the term concentrated animal feeding operation for
swine means an animal feeding operation defined in Title 40, Part 122, Appendix B of the Code
of Federal Regulations, relating to the National Pollutant Discharge Elimination System (NPDES),
or as otherwise designated by the Federal Environmental Protection Agency, and as defined
and regulated by the Alabama Department of Environmental Management pursuant to Chapter 335-6-7
of the Alabama Administrative Code. (c)(1) Upon a written complaint and request from any person
residing in the county, the county commission, after a...
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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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22-24-11
Section 22-24-11 Penalty for violation of chapter, etc.; disposition of fines. Any person guilty
of violating any of the provisions of this chapter or the rules and regulations adopted thereunder
shall be guilty of a misdemeanor and may be punished by a fine of not less than $100.00 nor
more than $500.00 for each violation. Each day the violation continues shall be considered
a separate violation. Any and all funds derived from such fines shall be deposited with the
State Treasurer in the Alabama Department of Environmental Management Fund. (Acts 1971, No.
1516, p. 2630, §11; Acts 1982, No. 82-612, p. 1111, §11(d).)...
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9-21-3
Section 9-21-3 Definitions; diversity requirement on board. For the purposes of this chapter,
the following terms have the following meanings: (1) Board means the Alabama Board for Aquatic
Plant Management and shall include the following members: a. The Commissioner of the Department
of Conservation and Natural Resources or his or her designee. b. The Commissioner of the Department
of Agriculture and Industries or his or her designee. c. The Director of the Department of
Environmental Management or his or her designee. d. The Director of the Department of Economic
and Community Affairs or his or her designee; e. The department head of the Auburn University
College of Agriculture School of Fisheries and Allied Aquacultures or his or her designee.
f. A representative of the United States Corps of Engineers designated by the U.S. Army Corps
of Engineers. g. A member appointed by the Speaker of the House of Representatives. h. A member
appointed by the President Pro Tempore of the Senate....
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18-1A-171
Section 18-1A-171 Reduction of compensation award because of incidental benefits from taking.
The amount of compensation to which the owners and other parties interested therein are entitled
must not be reduced or diminished because of any incidental benefits which may accrue to them
or to their remaining lands in consequence of the uses to which the lands to be taken or in
which the easement is to be acquired will be appropriated; provided, that in the condemnation
of lands for ways and rights-of-way for public highways, water or sewer lines, the commissioners
or jury may, in fixing the amount of compensation to be awarded the owner for lands taken
for this use, take into consideration the value of the enhancement to the remaining lands
of such owner that such highway, water or sewer lines may cause; and provided further, that
in proceedings instituted by water conservancy districts and water management districts, benefits
accruing to the landowner from an improvement may be...
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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
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22-40A-11
Section 22-40A-11 Administration and enforcement. (a) Except as provided for herein, the department
is designated by this chapter as the administrating agency for this chapter including administering
remediation and enforcement programs; provided, however, the department may enter into delegation
agreements with county commissions for enforcement of this chapter. The department is hereby
authorized to carry out the purposes of this chapter and is empowered to administer and enforce
this chapter using the authorities granted to it by the Environmental Management Act. (b)
The department shall develop and manage a remediation contract program for cleanup, management,
or disposal of scrap tires. (c) The department may by regulation exempt certain tires under
this chapter and grant variances or place additional requirements on persons subject to this
chapter and the department's regulations. (d) The department shall administer the program
in a way to ensure enforcement of the chapter in all...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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41-4-400
Section 41-4-400 Division created; powers and duties; director. (a) There shall be established
within the Department of Finance the Division of Construction Management. The division shall
have full power and authority for, and on behalf of, the State of Alabama to do any or all
of the following: (1) To acquire lands by purchase, condemnation, or otherwise. (2) To plan
for the construction, repair, remodeling, enlargement, renovation, furnishing, refurnishing,
improvement, or relocation of buildings, structures, and facilities for state departments,
boards, bureaus, commissions, agencies, and offices. (3) To set policies, procedures, and
guidelines for the design, construction, renovation, equipment, furnishing, maintenance, and
improvement of all property now owned or hereafter acquired by the state or any institution
or agency thereof. (4) To construct, repair, equip, remodel, enlarge, renovate, furnish, refurnish,
improve, and locate buildings, structures, and facilities for the use...
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