Code of Alabama

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22-27-7
Section 22-27-7 Supervision and regulatory control; rules and regulations; penalty for violation
of article. With regard to the collection of solid wastes, the Health Department shall exercise
such supervision over equipment, methodology and personnel in the management of solid wastes
as may be necessary to enforce sanitary requirements, and the state and county boards of health
may adopt such rules and regulations as may be needed to specify methodology and procedures
to meet the requirements of this article. With regard to the disposal of solid wastes, the
department shall exercise such regulatory control over the management of solid wastes as may
be necessary to enforce the requirements of the department, and the department may adopt such
rules and regulations as may be needed to meet the requirements of this article. Any person
violating any provision of this article or any rule or regulation made pursuant to this article
shall be guilty of a misdemeanor and, upon conviction, shall...
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22-30A-4
Section 22-30A-4 Powers of department; use of fund. (a) In relation or addition to the powers
set forth in this section and any other provisions of laws of this state, the department is
empowered, with regard to the regulation, control, or removal of hazardous substances as follows:
(1) To respond to, direct, or initiate cleanup of inactive or abandoned hazardous substance
sites; (2) To conduct or contract for professional technical data gathering and analysis and
damage assessment; (3) To conduct or contract for the removal or containment of hazardous
substances where there has been or is a potential for release, regardless of quantity or concentration;
and (4) Acting through the provisions of Sections 22-22A-5 and 22-22A-8 issue such rules and
regulations as are necessary to carry out the provisions of this chapter. (b) The fund shall
be available to the department for expenditures for the purpose of providing for the identification,
investigation, and for the containment and...
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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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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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45-8-71.01
Section 45-8-71.01 Development or disposal of Fort McClellan property. (a) Calhoun County,
Alabama, may take title as a result of conveyance from the federal government to any property
within the current boundaries of Fort McClellan in Calhoun County, Alabama, for purposes of
developing or redeveloping and disposal of the property according to plans and policies established
by the Fort McClellan Development Commission provided for in Act 97-274 of the 1997 Regular
Session and hereinafter referred to as the FMDC. The county commission shall administer all
funds and fiscal operations associated with the development and redevelopment and disposal
of the property and shall be reimbursed from the funds for actual expenses associated with
administering the fiscal operations, and shall receive all amounts allowed, pursuant to any
grant received, for administration. (b)(1) As a condition precedent to accepting a conveyance
of title to the Fort McClellan property, the Calhoun County Commission...
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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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13A-7-29
Section 13A-7-29 Criminal littering. (a) A person commits the crime of criminal littering if
he or she engages in any of the following acts: (1) Knowingly deposits in any manner litter
on any public or private property or in any public or private waters without permission to
do so. For purposes of this subdivision, any series of items found in the garbage, trash,
or other discarded material including, but not limited to, bank statements, utility bills,
bank card bills, and other financial documents, clearly bearing the name of a person shall
constitute a rebuttable presumption that the person whose name appears on the material knowingly
deposited the litter. Advertising, marketing, and campaign materials and literature shall
not be sufficient to constitute a rebuttable presumption of criminal littering under this
subsection. (2) Negligently deposits, in any manner, glass or other dangerously pointed or
edged objects on or adjacent to water to which the public has lawful access for...
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45-42-162.17
Section 45-42-162.17 Transition. (a) The transition period shall be directed by the provisions
contained herein. The level of services during transition shall not be below the level of
service previously provided by the respective government. (b)(1) Not later than six months
after assuming office, the commission shall adopt a plan for the reorganization of service
operations on a countywide basis, so that the general service district shall receive services,
(including, but not limited to: streets and roads, refuse disposal, police, parks, and recreation),
which are customarily furnished by a county government in a metropolitan area, and the urban
service district shall receive services, (including, but not limited to: additional police
protection, additional transportation, street lighting, and street cleaning) which are customarily
furnished by a city in a metropolitan area. The plan to combine services and functions should
aim toward effectiveness, efficiency, and equity in the...
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11-89C-9
a public corporation, or with any other public corporation, authority, or district authorized
by the Legislature to implement this chapter. In furtherance of this objective, any governing
body may perform any of the functions and powers provided in Section 11-89C-4 for public corporations,
and any function or eligibility requirement provided or required for joining and participating,
and to transfer and convey to the public corporation, with or without consideration, any facilities,
real or personal property, money, or thing of value, including the services of employees
through loan, detail, or assignment. (d) Any governing body may establish, levy, and impose
by resolution or ordinance, any revenue-raising measure within its jurisdiction, including,
but not limited to, fees, charges, or assessments, without any referendum unless required
by the Constitution of Alabama of 1901, deemed necessary to implement this chapter or to comply
with all provisions of storm water laws, subject to...
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22-35-3
to disallow recovery to any person who interferes with prompt remediation of impacted soils
and groundwater. Such term shall not include any person to whom property is sold, given, or
abandoned after discovery of a release or in anticipation of damage due to a release. (17)
THIRD-PARTY CLAIM. Any civil action brought or asserted by any third party against any owner
or operator of any underground or aboveground storage tank who is in substantial compliance
as stated in this chapter for bodily injury or property damage which damages are the
direct result of an accidental release arising from the operation of motor fuel underground
or aboveground storage tanks covered under this chapter. The assessment of punitive damages
shall not constitute a third-party claim recoverable against the fund, nor shall punitive
damages be assessed against the fund. (18) UNDERGROUND STORAGE TANK. Any one or combination
of tanks (including pipes connected thereto) used to contain an accumulation of motor...
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