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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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22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility
and hazardous waste disposal site operators. (a) The department, acting through the commission,
is authorized to promulgate rules and regulations establishing such standards, applicable
to owners and operators of hazardous waste treatment, storage or disposal facilities as may
be necessary to protect human health or the environment. In establishing such standards, the
department may, where appropriate, distinguish in such standards between requirements appropriate
for new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
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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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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management
Compact. The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby
enacted into law and entered into by the State of Alabama with any and all states legally
joining therein in accordance with its terms, in the form substantially as follows: SOUTHEAST
INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There
is hereby created the Southeast Interstate Low-Level Radioactive Waste Management Compact.
The party states recognize and declare that each state is responsible for providing for the
availability of capacity either within or outside the state for the disposal of low-level
radioactive waste generated within its borders, except for waste generated as a result of
defense activities of the federal government or federal research and development activities.
They also recognize that the management of low-level radioactive waste is handled most...
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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission,
is authorized to promulgate a permit program for hazardous waste management practices and,
acting through the commission, to promulgate criteria for issuing permits and rules identifying
procedures for obtaining permits. (b) Except as provided by this subsection or subsections
(i) and (j) of this section, no person shall engage in the transportation, treatment,
storage or disposal of hazardous waste without having applied for and obtained a permit from
the department issued under authority of this section. The department, acting through
the commission, may promulgate rules which exempt certain hazardous waste management practices
from the requirement to obtain a permit under this section. (c) Unless specifically
exempted from regulation by this chapter or rules promulgated under authority of this chapter,
no person may commence or continue construction or operation of any hazardous waste treatment,...
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22-30-18
Section 22-30-18 Reporting of wastes generated; when reports deemed trade secrets. Every
generator, transporter, and owner and operator of a treatment, storage or disposal facility
of hazardous wastes shall establish and maintain such records for a three-year period, make
such reports and furnish such information pertaining to the generation, transportation, treatment,
storage or disposal of said waste, and install, use and maintain such monitoring equipment
or methods, sample such wastes, materials, soils or waters, in accordance with such methods
and procedures, at such locations and times, as the department shall require. The retention
period for all records required to be maintained by this chapter or rules and regulations
promulgated under this chapter is automatically extended during the period of any unresolved
enforcement action regarding the facility or as requested by the department. Any records,
reports or information obtained under this chapter shall be available to the...
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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. §9601(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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22-27-2
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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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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22-30-17
Section 22-30-17 Manifest. (a) The department shall develop and, acting through the
commission, promulgate a manifest. (b) A manifest shall be required to accompany transportation,
for off-site storage, treatment or disposal of hazardous waste, provided, however, that regarding
bulk shipments by rail or water, a shipping paper may be substituted for the manifest if the
shipping paper meets the requirements set out in the rules and regulations promulgated under
this chapter. The manifest shall be originated by the hazardous waste generator and shall
identify the hazardous waste transported, the quantity of such waste, and such other information
as the department may require. (c) A copy of each complete manifest shall be forwarded monthly
to the department by owners or operators treating, storing or disposing of hazardous wastes
received from off-site. (Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §17; Acts 1984, No.
84-50, p. 57, §1; Acts 1987, No. 87-807, p. 1590, §13.)...
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