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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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22-30A-2
Section 22-30A-2 Definitions. When used in this chapter and except where the context
prohibits, the following words and terms shall have the following meanings: (1) CLEANUP. All
activities including administrative activities related to the identification, investigation
and evaluation of hazardous substance sites and the removal of hazardous substances or other
closure or containment of hazardous substances and any subsequent monitoring of such sites.
(2) COMMISSION. The Alabama Environmental Management Commission as created by Section
22-22A-6. (3) DEPARTMENT. The Alabama Department of Environmental Management as created by
Section 22-22A-4. (4) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (5) FUND. The Alabama Hazardous Substance Cleanup Fund. (6) HAZARDOUS SUBSTANCE.
Any substance defined as a hazardous substance pursuant to 42 U.S.C. ยง9601(14) or listed
as a hazardous waste pursuant to the Hazardous Wastes Management Act, Section 22-30-1
et seq. and...
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22-30-5.1
Section 22-30-5.1 Restriction on number of commercial hazardous waste treatment facilities
or disposal sites per county; legislative approval of sites. (a) The term "hazardous
waste" shall mean the same as defined by Section 22-30-3(5). (b) Committee shall
mean the continuing Select Joint Nuclear Energy Activities and Hazardous Chemical Toxic Waste
Oversight Committee as created by Act No. 81-307, H.J.R. 254 (p. 392), as amended by Act No.
84-329, S.J.R. 214 (pp. 754-755). (c) There shall be no more than one commercial hazardous
waste treatment facility or disposal site as defined by subdivisions (4) and (14) of Section
22-30-3 situated within any one county of the state. Provided, however, no commercial hazardous
waste treatment or disposal site not in existence on or before December 31, 1988, shall be
situated until: (1) a written proposal or application addressing the items found in subdivisions
(d)(1) through (d)(7) of this section is submitted by the applicant wishing to construct...
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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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22-30-9
Section 22-30-9 General responsibilities of State Department. The responsibilities of
the department include the following: (1) The department may adopt procedures for granting
variances and is empowered to grant such variances. (2) The department, acting through the
commission, may promulgate, and may revise when appropriate, rules and regulations and may
enter into agreements to ensure that information obtained by the department regarding facilities
and sites for the treatment, storage and disposal of hazardous waste is available to the public
in substantially the same manner, and to the same degree, as would be the case under the Federal
Hazardous Waste Management Program administered by the United States Environmental Protection
Agency under authority of the RCRA and shall establish procedures to ensure that trade secrets
used by any person regarding methods of hazardous wastes handling and disposal are utilized
by the department, or any authorized representative of the department,...
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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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22-30-3
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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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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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling
agency, public or private, elected, appointed, or volunteer utilizing methods approved by
the health department or the department for the purpose of controlling and supervising the
collection or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material
other than earth used to cover a landfill or sanitary landfill. An alternative cover shall
be approved by the Department of Environmental Management in compliance with federal law and
United States Environmental Protection Agency rules or guidance to achieve a level of performance
equal to or greater than earthen cover material. (3) ASHES. The solid residue from burning
of wood, coal, coke, or other combustible material used for heating, from incineration of
solid wastes, or for the production of electricity at electric generating...
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