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22-30-2
Section 22-30-2 Legislative findings; purpose and intent of chapter. The Legislature
finds that the generation and management of hazardous waste is a continuing problem. Further,
that without adequate safeguards, the generation, transportation, treatment, storage and disposal
of such wastes can create conditions which threaten human health or the environment. The Legislature,
therefore, declares that in order to minimize and control any such hazardous conditions, it
is in the public interest to establish and to maintain a statewide program, administered by
the Alabama Department of Environmental Management, to provide for the safe management of
hazardous wastes. It is the intent of the Legislature that the Alabama Department of Environmental
Management seek and retain authorization to operate the State Hazardous Waste Management Program.
It is also the intent of the Legislature that the rules, regulations, guidelines and criteria
promulgated under authority of this chapter encourage...
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22-30B-1.1
Section 22-30B-1.1 Legislative findings. The Legislature finds that: (1) The state is
increasingly becoming the nation's final burial ground for the disposal of hazardous wastes
and materials; (2) The volumes of hazardous wastes and substances disposed in the state have
increased dramatically for the past several years; (3) The existence of hazardous waste disposal
activities in the state poses unique and continuing problems for the state; (4) As the site
for the ultimate burial of hazardous wastes and substances, the state incurs a permanent risk
to the health of its people and the maintenance of its natural resources that is avoided by
other states which ship their wastes to Alabama for disposal; (5) The state also incurs other
substantial costs related to hazardous waste management including the costs of regulation
of transportation, spill cleanup and disposal of ever-increasing volumes of hazardous wastes
and substances; (6) Because all waste and substances disposed at commercial...
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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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22-30-3
Section 22-30-3 Definitions. When used in this chapter and except where the context
prohibits, the following words and terms shall have the following meanings: (1) COMMISSION.
The Environmental Management Commission of the Alabama Department of Environmental Management
as created by Section 22-22A-6. (2) DEPARTMENT. The Alabama Department of Environmental
Management as created by Section 22-22A-4. (3) DIRECTOR. The Director of the Alabama
Department of Environmental Management. (4) DISPOSAL. The discharge, deposit, injection, dumping,
spilling, leaking or placing of any hazardous waste into or on any land or water so that such
hazardous waste or any constituent thereof may enter the environment or be emitted into the
air or discharged into any waters, including ground waters. (5) HAZARDOUS WASTE. A solid waste,
or combination of solid wastes, which, because of its quantity, concentration or physical,
chemical or infectious characteristics may: a. Cause, or significantly contribute to,...
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22-22A-2
Section 22-22A-2 Legislative intent and purposes of chapter. The Legislature finds the
resources of the state must be managed in a manner compatible with the environment, and the
health and welfare of the citizens of the state. To respond to the needs of its environment
and citizens, the state must have a comprehensive and coordinated program of environmental
management. It is therefore the intent of the Legislature to improve the ability of the state
to respond in an efficient, comprehensive and coordinated manner to environmental problems,
and thereby assure for all citizens of the state a safe, healthful and productive environment.
(1) To this end an Alabama Department of Environmental Management is created by this chapter
within the Executive Branch of State Government in order to effect the grouping of state agencies
which have primary responsibility for administering environmental legislation into one department,
to promote economy and efficiency in the operation and management...
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22-30F-2
Section 22-30F-2 Legislative findings; purpose and intent of chapter; establishment
of revolving loan program for voluntary remediation of environmentally contaminated areas.
(a) The Legislature finds that rural and urban property in Alabama may have areas of contamination
which may be addressed via the Alabama Land Recycling and Economic Redevelopment Act, Sections
22-30E-1 through 22-30E-13. The Legislature further finds that encouraging the voluntary remediation
and redevelopment of such properties is in the public interest. (b) The Legislature finds
that industries and developers often give preference to previously unused greenfield sites
over previously used property due largely to concerns over the financial and environmental
liabilities which may be incurred in acquiring such previously used property for reuse and
redevelopment. The Legislature further finds that the appropriate reuse and redevelopment
of properties which are contaminated, or perceived to be contaminated is in...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition
of all terms included in Section 22-30-3 shall be applicable to this chapter. Other
definitions as necessary may be promulgated as regulations by the department for further implementation
of this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4)
CLEANUP. For purposes of this chapter, cleanup means the cleaning up, remediation,...
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22-30E-2
Section 22-30E-2 Legislative findings; purpose and intent of chapter; establishment
of voluntary assessment and/or cleanup program for properties with potential environmental
contamination. (a) The Legislature finds that rural and urban property in Alabama may have
areas of actual or perceived contamination at levels that may not be subject to assessment
or cleanup under applicable laws and regulations. The Legislature finds that this perception
of contamination discourages the purchase and productive use of otherwise usable properties.
The Legislature further finds that the voluntary assessment and/or cleanup of such properties
is in the public interest. (b) The Legislature finds that industries and developers often
give preference to previously unused greenfield sites over previously used property due largely
to concerns over the financial and environmental liabilities which may be incurred in acquiring
such previously used property for reuse and redevelopment. The Legislature...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling
agency, public or private, elected, appointed, or volunteer utilizing methods approved by
the health department or the department for the purpose of controlling and supervising the
collection or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material
other than earth used to cover a landfill or sanitary landfill. An alternative cover shall
be approved by the Department of Environmental Management in compliance with federal law and
United States Environmental Protection Agency rules or guidance to achieve a level of performance
equal to or greater than earthen cover material. (3) ASHES. The solid residue from burning
of wood, coal, coke, or other combustible material used for heating, from incineration of
solid wastes, or for the production of electricity at electric generating...
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22-30-5.1
Section 22-30-5.1 Restriction on number of commercial hazardous waste treatment facilities
or disposal sites per county; legislative approval of sites. (a) The term "hazardous
waste" shall mean the same as defined by Section 22-30-3(5). (b) Committee shall
mean the continuing Select Joint Nuclear Energy Activities and Hazardous Chemical Toxic Waste
Oversight Committee as created by Act No. 81-307, H.J.R. 254 (p. 392), as amended by Act No.
84-329, S.J.R. 214 (pp. 754-755). (c) There shall be no more than one commercial hazardous
waste treatment facility or disposal site as defined by subdivisions (4) and (14) of Section
22-30-3 situated within any one county of the state. Provided, however, no commercial hazardous
waste treatment or disposal site not in existence on or before December 31, 1988, shall be
situated until: (1) a written proposal or application addressing the items found in subdivisions
(d)(1) through (d)(7) of this section is submitted by the applicant wishing to construct...
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