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22-30A-9
Section 22-30A-9 Liability for actions taken or omitted under chapter. No action may be commenced
against the director, any employee of the department, or any person under contract with the
department for damages as a result of actions taken or omitted in the course of performing
duties or functions under this chapter or in the course of rendering care, assistance, or
advice at the direction of an on-scene coordinator appointed by the director, with respect
to the cleanup of an abandoned or inactive hazardous substance site including any release
of a hazardous substance or the threat thereof. (Acts 1988, 1st Ex. Sess., No. 88-859, p.
348, §9.)...
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22-30A-8
Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney
General to recover expenses; administrative order or civil action; for what costs fund may
be reimbursed; contributions among liable parties; declaratory judgment action to determine
apportionment. (a) Liable parties shall be liable to the state for amounts expended for the
investigation, identification, containment and cleanup of hazardous substance sites, including
the cost of post-cleanup monitoring and maintenance of such sites. (b) The department or the
Attorney General shall act to recover for the fund the reasonable and necessary amounts expended
for the investigation, identification, containment, cleanup, monitoring and maintenance of
inactive or abandoned hazardous substance sites to the extent the department or the Attorney
General can attribute these expenditures to liable parties as set out herein. Recovery of
these expenditures by the department or the Attorney General can be either...
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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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22-30E-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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22-35-3
Section 22-35-3 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently
to the ground or other support structure (including pipes connected thereto) used to contain
an accumulation of motor fuels, the volume of which (including pipes connected thereto) is
greater than 90 percent above the surface of the ground. The terms "Underground Storage
Tank" and "Aboveground Storage Tank" do not include any: a. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
b. Tank used for storing heating oil for consumptive use on the premises where stored; c.
Septic tank; d. Pipeline facility (including gathering lines) regulated under: 1. The Natural
Gas Pipeline Safety Act of 1968, 2. The Hazardous Liquid Pipeline Safety Act of 1979, and
3....
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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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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. §9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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22-30-10
Section 22-30-10 Development and revision of criteria for determining hazardous wastes. (a)
The department, acting through the commission, shall promulgate and revise criteria for identifying
hazardous waste. (b) When developing these criteria, the department shall determine whether
the concentrations being disposed of present immediate or persistent toxic hazards to human
health or the environment, or the resistance of such wastes to natural degradation or detoxification
and/or whether such wastes are bioconcentrative, ignitable, reactive, toxic, irritating, corrosive
or infectious in addition to any hazardous characteristics. (c) The department shall compile,
and revise from time to time thereafter, a listing of solid wastes which have been determined
to be hazardous by using these criteria. Unless specifically excluded, all solid wastes identified
as hazardous by application of the criteria are hazardous wastes and must be managed in accordance
with this chapter and the regulations...
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22-30E-5
Section 22-30E-5 Additional powers and duties of department. (a) In addition to the powers
and duties specified in this chapter and in Sections 22-22A-1 to 22-22A-16, inclusive, the
department shall have and may exercise the following powers and duties: (1) To establish and
collect fees from applicants for participation in the voluntary cleanup program authorized
by this chapter, to be utilized for the administration of this chapter. (2) To make determinations,
in accordance with procedures and criteria enumerated in this chapter and rules and regulations
promulgated pursuant to this chapter, as to whether a proposed voluntary cleanup plan is sufficient
to bring the qualifying property into compliance with the cleanup standards. (3) To monitor
actions taken under approved voluntary property assessment plans and voluntary cleanup plans
for the purpose of determining whether an applicant remains eligible for limitation of liability
and for the purpose of determining whether to concur in...
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22-11F-3
Section 22-11F-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE UPON ADOPTION OF RULES BY THE DEPARTMENT OF PUBLIC HEALTH. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) Any youth athletics association that sponsors or conducts sports training
or high risk youth athletic activities for children age 14 years and younger shall require
all coaches and athletics personnel to complete an online or residence course approved by
the Department of Public Health, if available at no cost, which provides information and awareness
of actions and measures that may be used to decrease the likelihood that a youth athlete will
sustain a serious injury while engaged or participating in a high risk youth athletic activity.
(b) Any youth injury mitigation and information course required to be taken by a coach or
athletics personnel under this section, at a minimum, shall provide information on the following
subjects: (1) Emergency preparedness, planning, and...
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