Code of Alabama

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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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22-30B-2.4
Section 22-30B-2.4 Restrictions on disposal of hazardous waste; exceptions. No commercial
site for the disposal of hazardous waste and hazardous substances shall during any calendar
year receive and dispose of more than 600,000 tons of waste that cannot be legally disposed
of in a solid waste landfill permitted under Subtitle D of RCRA 42 U.S.C. ยง6941. Provided,
however, that the Environmental Management Commission or its designee may allow the disposal
of hazardous wastes in excess of the 600,000 ton annual limitation of volume imposed in this
section if such action is determined by the Environmental Management Commission or
its designee to be necessary to protect human health or the environment in the state. Provided
further, if the commission determines that public awareness of environmental matters may be
enhanced by special events or if amnesty or similar programs will promote the protection of
human health and the environment of Alabama, then it may exempt any wastes so...
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22-30B-2
Section 22-30B-2 Operator fees. In addition to all other fees levied and collected prior
to September 30, 1992, beginning on June 1, 2013, there is hereby levied fees on waste received
for disposal to be paid by the operators of each commercial site for the disposal of hazardous
waste or hazardous substances as follows: (1) A base fee of five dollars fifty cents ($5.50)
per ton on all hazardous waste that is identified or listed under Section 3001 of the
Resource Conservation and Recovery Act of 1976 as amended (RCRA), and on polychlorinated biphenyl
(PCB) wastes received for disposal which is required to be disposed of in a chemical waste
landfill approved under the federal Toxic Substance Control Act (TSCA). (2) A fee of five
dollars fifty cents ($5.50) per ton on all other waste not subject to taxation in subdivision
(1) and disposed of at a commercial site for the disposal of hazardous waste and hazardous
substances. Beginning on August 31, 1993, any hazardous waste or hazardous...
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22-30B-2.1
Section 22-30B-2.1 Annual payments to counties; guaranteed amount; distribution of funds.
(a) There is hereby provided to all counties having less than 25,000 population and wherein
on April 17, 1990, a commercial site for the disposal of hazardous waste or hazardous substances
is located, an annual payment of two and one-half percent of the gross receipts generated
by Section 22-30B-2 as provided herein over those fees in existence on October 1, 1989.
(b) Any county identified in subsection (a) is hereby guaranteed an amount not to exceed the
lesser of $4,200,000.00 or 100 percent of the receipts to the state paid on wastes or substances
disposed of in the county. In determining whether a county is entitled to receive benefit
of all or any portion of the guarantee herein made, there shall be charged against such county
all receipts which it receives pursuant to this chapter and Alabama Act 83-480, 1983 Regular
Session, as amended, or other applicable local act. (c) Determination of...
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22-30B-1
Section 22-30B-1 Definitions. When used in this chapter and except where the context
prohibits, the following words and terms shall have the following meanings: (1) COMMERCIAL
SITE FOR THE DISPOSAL OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. A site or facility receiving
hazardous waste or hazardous substances, as defined herein, not generated on site, for disposal
and to which a fee is paid or other consideration given for such disposal. (2) DISPOSAL. The
discharge, deposit, injection, dumping, spilling, incineration, leaking or placing of any
waste or substance into or on any land or water so that such waste or substance or any constituent
thereof may enter the environment or be emitted into the air or discharged into any waters
including groundwaters at a commercial site within the State of Alabama for the disposal of
hazardous waste or hazardous substances as defined herein. For the purpose of this chapter
incineration does not include hazardous substances or waste that have been...
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22-30B-11
Section 22-30B-11 Record of hazardous waste or hazardous substances received for disposal;
maintenance of records; penalties. Any operator of a commercial site for the disposal of hazardous
waste or hazardous substances shall maintain written records of all such waste or substances
received for disposal at the site and all waste or substances disposed of at the site. Said
records shall contain the names and addresses of all persons, firms or corporations transporting
and delivering such waste or substances to said facility, and the names and locations of all
persons, firms or corporations from whence said waste or substance was produced or generated,
the quantity of waste or substance received by such commercial hazardous waste or hazardous
substance facility, and the date of delivery and such additional information as the Commissioner
of Revenue or Director of the Department of Environmental Management reasonably may require
for the proper administration and enforcement of the...
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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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22-30B-2.2
Section 22-30B-2.2 Pledge and appropriation of funds for Public Health Finance Authority.
For the purpose of providing funds, not to exceed $4,500,000.00 during any fiscal year of
the state, for the Alabama Public Health Finance Authority to pay at their respective maturities
the principal of premiums, if any, and interest on any bonds issued by it under the provisions
of Sections 22-3A-1 to 22-3A-24, inclusive, there is hereby irrevocably pledged for said above
purpose and hereby appropriated the annual amount necessary, not to exceed $4,500,000.00 during
any fiscal year of the state, from the first receipts after payment of any guarantees in Section
22-30B-2.1 of the fees that are levied on the disposal of waste, hazardous waste or hazardous
substances pursuant to this act and that were not theretofore appropriated and paid into the
General Fund of the State of Alabama (i.e., the amount resulting from the additional fee of
$72.00 per ton for all waste or substances disposed of at...
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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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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this
part, unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED
PROPERTY. Wrecked or derelict property having no value other than nominal salvage value, if
any, which has been left abandoned and unprotected from the elements and shall include wrecked,
inoperative, or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators,
washing machines, plumbing fixtures, and other similar articles which have no value other
than nominal salvage value, if any; and is in a condition violative of Alabama statutes. (2)
ADMINISTRATIVE DEPARTMENT. The department charged by the Mobile County Commission with the
administrative management of this part. (3) COMMISSION. The Mobile County Commission of Mobile
County, Alabama. (4) BULKY WASTE. Items whose large size precludes or complicates their handling
by normal collection, processing, or disposal methods. (5) BUNDLE. A...
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