Code of Alabama

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22-27-45
Section 22-27-45 State Solid Waste Management Plan. The Director of the Alabama Department
of Environmental Management, with the advice and consultation of the Solid Waste Management
Advisory Committee, is directed to prepare a State Solid Waste Management Plan. In developing
the state plan, the department will seek to achieve the following goals: (1) That solid waste
facilities and management systems are provided for in an orderly manner consistent with the
needs and plans of the state and its regions and local governments; (2) That alternative methods
of solid waste management are encouraged as a means of reducing the state's dependence on
landfilling; (3) That all aspects of local, regional and state planning, zoning, population
estimates, and economics are taken into consideration; and (4) That appropriate time schedules
are set for the phasing in of the required component parts of the system. Said plan shall
be developed in two phases: a. The first phase of the plan shall be...
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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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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal;
household exemptions; state regulatory program. (a) Generally. (1) The county commission or
municipal governing body may, and is hereby authorized to, make available to the general public
collection and disposal facilities for solid wastes in a manner acceptable to the department.
The county commission or municipal governing body may provide such collection or disposal
services by contract with private or other controlling agencies and may include house-to-house
service or the placement of regularly serviced and controlled bulk refuse receptacles within
reasonable (generally less than eight miles) distance from the farthest affected household
and the wastes managed in a manner acceptable to the department. (2) Any county commission
or municipal governing body providing services to the public under this article shall have
the power and authority by resolution or ordinance to adopt rules and...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...

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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission,
is authorized to promulgate a permit program for hazardous waste management practices and,
acting through the commission, to promulgate criteria for issuing permits and rules identifying
procedures for obtaining permits. (b) Except as provided by this subsection or subsections
(i) and (j) of this section, no person shall engage in the transportation, treatment,
storage or disposal of hazardous waste without having applied for and obtained a permit from
the department issued under authority of this section. The department, acting through
the commission, may promulgate rules which exempt certain hazardous waste management practices
from the requirement to obtain a permit under this section. (c) Unless specifically
exempted from regulation by this chapter or rules promulgated under authority of this chapter,
no person may commence or continue construction or operation of any hazardous waste treatment,...

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22-30A-1
Section 22-30A-1 Legislative findings; purpose and intent of chapter. The Legislature
finds that hazardous substances have been treated, stored or disposed of at sites which are
inactive or abandoned and that such sites have the potential for deleterious impacts on groundwater,
human health or the environment. The Legislature, therefore, declares that it is in the public
interest to assure that such sites are identified and that action is taken to provide for
the cleanup and rehabilitation of such sites within the State of Alabama. The Legislature
intends that funds provided under this chapter be used primarily to clean up and rehabilitate
sites not qualified for or unlikely to receive funding under the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.) but that the funds
provided under this chapter may also be used to provide state matching funds for cleanups
and for operation and maintenance of sites which have completed...
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22-30-4
Section 22-30-4 Regulatory and investigative authority; monitoring of commercial sites
for hazardous wastes; fees; hearings and investigations. (a) The department has exclusive
regulatory authority over all hazardous waste generation, transportation, storage, treatment
and disposal and other management practices in the state, and shall, from time to time, investigate
and monitor sources of generation, transportation, storage, treatment and disposal of hazardous
waste. However, nothing in this chapter shall be construed to limit the authority of the Alabama
Department of Public Health to regulate wastes containing radioactive materials under Chapter
14 of this title. (b) In exercising such exclusive authority, the department shall provide
sufficient personnel with training in hazardous waste management and a minimum of a bachelor's
degree in the sciences or engineering to comprehensively monitor all commercial sites for
the disposal of hazardous wastes. Such personnel shall be hired by...
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22-30-14
Section 22-30-14 Responsibilities of generators. (a) The department, acting through
the commission, is authorized to promulgate rules and regulations establishing such standards,
applicable to generators of hazardous waste as may be necessary to protect human health or
the environment. Such standards shall include but not be limited to the following: (1) Determining
if solid wastes generated are hazardous wastes as defined by this chapter; (2) Proper labeling
of hazardous wastes; (3) Assuring that all hazardous wastes generated are treated, or disposed
of at treatment, storage or disposal facilities which: a. If in state, are permitted or have
interim status under this chapter; or b. If out of state, are permitted or have interim status
from a state authorized under Section 3006 of the RCRA to operate a hazardous waste
permitting program in lieu of the federal program or are permitted or have interim status
under the RCRA; (4) Maintaining records of hazardous waste produced, generated,...
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22-30-9
Section 22-30-9 General responsibilities of State Department. The responsibilities of
the department include the following: (1) The department may adopt procedures for granting
variances and is empowered to grant such variances. (2) The department, acting through the
commission, may promulgate, and may revise when appropriate, rules and regulations and may
enter into agreements to ensure that information obtained by the department regarding facilities
and sites for the treatment, storage and disposal of hazardous waste is available to the public
in substantially the same manner, and to the same degree, as would be the case under the Federal
Hazardous Waste Management Program administered by the United States Environmental Protection
Agency under authority of the RCRA and shall establish procedures to ensure that trade secrets
used by any person regarding methods of hazardous wastes handling and disposal are utilized
by the department, or any authorized representative of the department,...
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22-30A-2
Section 22-30A-2 Definitions. When used in this chapter and except where the context
prohibits, the following words and terms shall have the following meanings: (1) CLEANUP. All
activities including administrative activities related to the identification, investigation
and evaluation of hazardous substance sites and the removal of hazardous substances or other
closure or containment of hazardous substances and any subsequent monitoring of such sites.
(2) COMMISSION. The Alabama Environmental Management Commission as created by Section
22-22A-6. (3) DEPARTMENT. The Alabama Department of Environmental Management as created by
Section 22-22A-4. (4) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (5) FUND. The Alabama Hazardous Substance Cleanup Fund. (6) HAZARDOUS SUBSTANCE.
Any substance defined as a hazardous substance pursuant to 42 U.S.C. §9601(14) or listed
as a hazardous waste pursuant to the Hazardous Wastes Management Act, Section 22-30-1
et seq. and...
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