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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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22-27-48.1
Section 22-27-48.1 Approval process by local governing body for siting of new solid
waste management facility. (a) This section applies to the siting of any new solid
waste management facility, as defined in Section 22-27-2. (b) The governing body of
a county or municipality shall make a discretionary decision to approve or disapprove the
siting of a new solid waste management facility in accordance with this section. (c)
Any person or entity seeking approval from the governing body of a county or municipality
for the siting of a new solid waste management facility shall also submit to the governing
body as part of its application, the application fee required under subsection (d) of Section
22-27-48 and all of the following information: (1) A written document addressing each of the
criteria described in subsection (c) of Section 22-27-48. (2) The applicant's experience
of owning or operating other solid waste facilities. (3) Information relating to the applicant's
financial resources,...
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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies,
the governing body of a county or municipality has a responsibility for and the authority
to assure the proper management of solid wastes generated within its jurisdiction in accord
with its solid waste management plan. A governing body may assign territories and approve
or disapprove disposal sites in its jurisdiction in accord with the plan approved for its
jurisdiction. Such approval or disapproval of services or activities described in the local
plan shall be in addition to any other approvals required from other regulatory authorities
and shall be made prior to any other approvals necessary for the provision of such services,
the development of a proposed facility or the modification of permits for existing facilities.
(b) The department may not consider an application for a new facility unless the application
has received approval pursuant to Section 22-27-48.1 by the affected local governing...
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22-30A-7
Section 22-30A-7 Annual report; to whom transmitted. (a) The director shall, on or before
January 1, 1989, and annually thereafter on January first of each succeeding year, transmit
an updated annual report to the commission, the Legislature, and the Governor. Each annual
report shall include, but need not be limited to, the following information for each site:
(1) A general description of the site, including the name and address of the site, the type
and quantity of the hazardous substance disposed of at the site if known, and the name of
the current owners of the site and any known potentially liable parties; (2) A summary of
any significant environmental problems at and near the site; the site's proximity to public
or private drinking water supplies, or other water supplies; (3) The clear identification
of the site on a map; (4) The status of any testing, monitoring or remedial actions in progress
or recommended by the director; (5) The status of any pending legal and administrative...
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22-36-2
Section 22-36-2 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) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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22-27-12
Section 22-27-12 Powers of department. The department may do the following: (1) Adopt
rules to implement this article. (2) Adopt rules establishing requirements and restrictions
for the management of solid waste, excluding the collection and transportation of nonhazardous
and nonmedical solid waste. The rules may include factors such as the characteristics of the
solid waste, the potential for contamination of soils or ground and surface waters, the design
and operation of management facilities, the financial capabilities of the applicant, soil
and geological considerations, human health, and other environmental considerations. With
respect to solid waste disposal or materials recovery facilities, the rules may also include
factors such as the quantity, nature, and origin of solid wastes and recovered materials to
be managed. The department may condition the issuance of a permit for any solid waste management
or materials recovery facility upon the facility being consistent with...
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22-30-19
Section 22-30-19 Penalties and remedies. (a) Whenever, on the basis of any information,
the department determines that any person is in violation of any requirement of this chapter,
any rule or regulation promulgated by the department or any permit issued under authority
granted by this chapter, the department may issue an order requiring compliance immediately
or within a specified time period, and, in cases where an imminent threat to human health
or the environment is demonstrated, suspend operations causing such threat until the department
determines that adequate steps are being taken to correct such violations. (b) Whenever, on
the basis of any information, the department determines that there is or has been a release
of hazardous waste into the environment from a facility authorized to operate under Section
22-30-12(i), the department may issue an order requiring corrective action or such other response
measure as it deems necessary to protect human health or the environment....
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22-30E-4
Section 22-30E-4 Authority of the department to establish rules and regulations. (a)
The department, acting through the commission, may adopt, promulgate, modify, amend, and repeal
rules and regulations to implement and enforce this chapter as necessary to provide for the
voluntary assessment, cleanup, reuse, and redevelopment of qualifying properties. All rules
and regulations established pursuant to this chapter shall comply with applicable provisions
of the Alabama Administrative Procedure Act, Section 41-22-11. (b) The department's
rules and regulations shall include, at a minimum, the following: (1) Rules and regulations
establishing cleanup standards. (2) Rules and regulations governing procedures for placement
of properties on and removal of properties from the Voluntary Cleanup Properties Inventory
required under the provisions of Section 22-30E-11. (3) Rules and regulations governing
procedures for the filing in the deed records of the probate courts of appropriate notice
upon...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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34-21A-2
Section 34-21A-2 Definitions. The following terms shall have the meanings respectively
ascribed to them as used in this chapter unless the context requires a different meaning:
(1) BOARD. The Alabama Onsite Wastewater Board. (2) CONVENTIONAL ONSITE SEWAGE SYSTEM. An
onsite sewage system consisting of a septic tank, or an Alabama Department of Public Health
approved pretreatment device, with effluent discharging into a subsurface effluent disposal
medium, where all portions of the effluent disposal field sidewalls are installed below the
elevation of undisturbed native soil, including a conventional onsite sewage system as defined
by the Alabama Department of Public Health regulations. (3) ENGINEERED ONSITE SEWAGE SYSTEM.
An onsite sewage system that varies from conventional onsite sewage system equipment, methods,
processes, and installation procedures in accordance with the rules and regulations of the
Alabama Department of Public Health. (4) GOOD STANDING WITH LOCAL HEALTH...
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