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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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41-22-26
Section 41-22-26 Repeal of inconsistent laws. It is the express intent of the Legislature to
replace all provisions in statutes of this state relating to rule-making, agency orders, administrative
adjudication, or judicial review thereof that are inconsistent with the provisions of this
chapter. Therefore, all laws or parts of laws that conflict with this chapter are hereby repealed
on October 1, 1982; provided, however, nothing contained in this section shall be construed
to repeal or modify Sections 22-22-1, 22-22-4, 22-22-8 through 22-22-10, 22-22-12 and 22-22-14,
authorizing the Water Improvement Commission as the state Water Pollution Control Agency to
issue one stop permits for the state for all purposes of the federal Water Pollution Control
Act, as amended. (Acts 1981, No. 81-855, p. 1534, §26.)...
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22-38-4
Section 22-38-4 Administration of federal funds by committee; transfer of federal funds received
by other state agencies to committee; application to Legislature for matching funds; coordination
of use of funds. All federal funds available to state agencies for financial assistance through
cost-share grants to landusers for agricultural nonpoint source pollution control shall be
administered by the committee. State agencies other than the committee which receive federal
cost-share funds designated for use by agricultural operations to control associated nonpoint
source pollution shall effect the necessary agreements to transfer these funds to the committee.
The committee shall make application to the Legislature for appropriation of state funds required
to match such federal funds and for appropriation of other necessary state funds and shall
coordinate the use of water quality financial assistance or cost-share funds to landusers
with other state appropriated soil and water...
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6-5-332.2
including a response action contractor as defined in Section 22-35-3, is not liable for removal
costs or damages which result from actions taken or omitted to be taken in the course of rendering
care, assistance, or advice consistent with the National Contingency Plan or as otherwise
directed by the Federal On-Scene Coordinator or by any state official with responsibility
for oil spill response. (2) Subdivision (1) of this subsection does not apply: a. to a responsible
party; b. with respect to personal injury or wrongful death; c. if the person
is grossly negligent or engages in wanton or willful misconduct: or d. If the person's act(s)
or omission(s) proximately caused, in whole or in part, the original actual or threatening
discharge; or any additional or further actual or threatening discharge. (3) A responsible
party is liable for any removal costs and damages that another person is relieved of under
subdivision (1). (4) Nothing in this section affects the liability of a...
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22-34-2
Section 22-34-2 Legislative intent. It is the intent of the Legislature by the passage of this
chapter to enable the state acting by and through the authority and the department to aid
in the prevention and control of water pollution, to provide state financial aid to public
bodies for the prevention and control of water pollution, and to these ends to authorize the
incorporation of a state authority with power to issue Water Pollution Control Bonds; and
to agree to pay and to pay such portion of the estimated reasonable cost of the projects of
each public body as may be required to meet the water quality goals of the Federal Clean Water
Act, as amended. (Acts, 1987, No. 87-226, p. 317, §2.)...
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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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22-34-5
Section 22-34-5 Application for corporation; contents; officers; board of directors; record
of proceedings. (a) To become a corporation, the Governor, the Lieutenant Governor, the Speaker
of the House, the director of the department and the Director of Finance shall present to
the Secretary of State of Alabama an application signed by them which shall set forth: (1)
The name, official designation and official residence of each of the applicants, together
with a certified copy of the commission evidencing each applicant's right to office; (2) The
date on which each applicant was inducted into office and the term of office of each of the
applicants; (3) The name of the proposed corporation, which shall be the "Alabama Water
Pollution Control Authority"; (4) The location of the principal office of the proposed
corporation; and (5) Any other matter relating to the incorporation which the applicants may
choose to insert and which is not inconsistent with this chapter or any other laws of...
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22-22A-4
Section 22-22A-4 Department of Environmental Management created; principal office; director;
deputy director; divisions and division chiefs; transfer of functions; designation as State
Environmental Control Agency, etc.; contract with Health Department for routine bacteriological
analyses. (a) There is hereby created and established the Alabama Department of Environmental
Management to carry out the purposes of this chapter and to administer and enforce the provisions
of this chapter and all functions transferred to the department by this chapter. The department
shall maintain its principal office in the City of Montgomery, Montgomery County, Alabama.
(b) The department shall be under the supervision and control of an officer who shall be designated
as the director of the Alabama Department of Environmental Management. The director shall
be an individual knowledgeable and experienced in environmental matters. The director shall
employ such officers, agents and employees as he deems...
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22-29-20
Section 22-29-20 Grants to local public bodies - Plan or program. The plan or program for funding
the grant by the authority to a local public body for a project may be any one or more of
the following, as shall be approved by the authority: (1) An appropriation by the state. (2)
A grant by a corporation, foundation, fund or agency, public or private, to the state for
the purpose of abating water pollution or assisting local public bodies with their projects;
provided, that the state shall not receive any grant from a local public body which has received
or is to receive a grant for its project from the state. (3) The undertaking by the local
public body to levy, collect and pay over to the authority and to continue to levy, collect
and pay over to the authority sums sufficient to pay bond service charges with respect to
the bonds of the authority issued to fund a grant for such project the proceeds of any one
or more of the following: a. Any sewer or waste disposal service fee or...
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40-13-51
Section 40-13-51 Definitions. As used in this article, the following terms shall have the following
meanings: (1) BORROW PIT. An area from which soil or other unconsolidated materials are removed
to be used, without further processing, for highway or road construction and maintenance.
(2) COMMISSIONER. The Commissioner of Revenue of the Alabama Department of Revenue. (3) DEPARTMENT.
The Alabama Department of Revenue. (4) OPERATOR. Any person engaged in mining or quarrying
operations in the state, whether individually, jointly, or through a parent, subsidiary, or
affiliated company, or by agent, employee, or contractor. (5) PERSON. Any individual or individuals,
partnership, limited partnership, corporation, limited liability company, limited liability
partnership, business trust, or any other association of persons. (6) POLLUTION CONTROL OR
ABATEMENT. As defined in Section 40-23-4(a)(16) and shall include, but shall not be limited
to, severed materials used in the treating, modifying,...
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