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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11-96A-2
Section 11-96A-2 Definition of "low or moderate income person or family." For purposes of this chapter, a low or moderate income person or family shall mean those persons or families with incomes that do not exceed the level of 100 percent of the median income for the applicable area, as provided for under existing regulations promulgated by the United States Department of Housing and Urban Development currently contained within the provisions of 24 Code of Federal Regulations at Parts 813 and 913, and such successor federal laws and regulations as may exist from time to time. If no such regulations or successor regulations exist, median income will be determined by each municipality taking into account all relevant factors. (Acts 1991, No. 91-675, p. 1315, §2; Acts 1994, No. 94-676, §1.)...
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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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22-30-11
Section 22-30-11 Adoption of regulations, guidelines, criteria and standards by State Department; states from which hazardous wastes cannot be accepted; penalty; contracts to satisfy federal capacity assurance programs limited. (a) The department, acting through the commission, is authorized to promulgate, and may revise when appropriate, rules and regulations, guidelines, criteria and standards for all hazardous waste management practices. (b) It is unlawful for any person who owns or operates a commercial hazardous waste treatment or disposal facility within this state to dispose or treat any hazardous wastes generated in any state outside the State of Alabama which: (1) Prohibits by law or regulation the treatment or disposal of hazardous wastes within that state and which has no facility permitted or existing within that state for the treatment or disposal of hazardous wastes; or (2) Has no facility permitted or existing within that state for the treatment or disposal of hazardous...
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22-27-9
Section 22-27-9 Authority of Department of Environmental Management and Department of Public Health. (a) The Department of Environmental Management shall be the agency with primary regulatory authority over the management of solid waste in the state, except for the collection and transportation of nonhazardous and nonmedical solid waste. The department may exercise the regulatory authority over the permitting and operation of solid waste management facilities necessary to enforce the requirement and purposes of this article. (b) The Alabama Department of Public Health shall have primary regulatory authority over the collection and transportation of solid waste, excluding medical waste and hazardous waste, the management of sanitary waste in septic tanks, excluding landfill disposal, and the management of collection activities including, but not limited to, the provision of collection services by county and municipal governing bodies, participation in local collection systems, the...
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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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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally violates any provision of this chapter other than those for which a separate penalty is provided for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person subject to this chapter who violates any provision of this chapter other than those for which a separate penalty is provided for in this section shall, upon conviction, be guilty of a Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4) Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual legal expenses incurred by the respondent against whom the...
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45-49-252.06
Section 45-49-252.06 Collection of solid waste. (a)(1) Only county franchised collectors possessing valid permits shall engage in the business of providing solid waste management services to residential property within the county. Fees for such service shall be established by resolution or ordinance of the Mobile County Commission, consistent with the provisions of franchise agreements. Upon May 3, 1988, any proposed increase in fees charged shall be reviewed and approved in the following manner: a. A franchised residential collector shall provide notice in a newspaper of general circulation in Mobile County that the collector will apply in writing to the solid waste management advisory board for an increase in fees charged, including the amount of the proposed fee increase, at least three weeks prior to the giving of such written application. b. The collector, not less than 10 days thereafter, shall provide the written request for the fee increase to the advisory board. c. The board...
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22-22A-9
Section 22-22A-9 Transfer of functions, personnel, equipment, funds, etc., to Department of Environmental Management. (a) All employees engaged in duties pertaining to the functions transferred by this chapter to the department, shall be assigned to the department on October 1, 1982, to perform their usual duties, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing personnel and employees. (b) All files, books, papers, records, equipment, furniture, motor vehicles, any other tangible property, and any other asset employed in carrying out the powers, duties and functions transferred by this chapter to the department shall, on October 1, 1982, be transferred to the department. (c) All reports, documents, surveys, books, records, files, correspondence, papers or other writings in the possession of any department, division, bureau, board, commission or other agency, the functions, powers and duties of which have been transferred to the...
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