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31-9-15
Section 31-9-15 Orders, rules, and regulations of Governor - Enforcement - Arrests without
warrant. A peace officer, when in full and distinctive uniform or displaying a badge or other
insignia of authority, may arrest without a warrant any person violating or attempting to
violate in such officer's presence any order, rule, or regulation made pursuant to this article.
This authority shall be limited to those rules and regulations which affect the public generally.
(Acts 1955, No. 47, p. 267, §15.)...
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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall violate
any of the provisions of this article declared to be unlawful or who shall fail or refuse
to perform any duty or requirement imposed by the provisions of this article, or who shall
violate any rule or regulation duly promulgated under this article or who shall sell or offer
for sale or distribute for sale any pesticide or device in violation of any of the requirements
of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as
now prescribed by law for such an offense. Fines imposed under this article shall be paid
into the Agricultural Fund of the State Treasury. (b) In addition to the penalty and other
enforcement remedies of this article and notwithstanding the existence of an adequate legal
remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown
and upon a hearing to grant a temporary restraining order or preliminary or...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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22-30E-7
Section 22-30E-7 Criteria for applicant participation in voluntary cleanup program. (a) To
qualify for participation in the voluntary cleanup program as provided in this chapter, an
applicant shall not, unless granted a variance under subsection (b), be in violation of any
order, judgment, statute, rule, or regulation subject to the enforcement authority of the
department with respect to the qualifying property. (b) The department may promulgate rules
and regulations to implement this section, including rules granting a variance from the eligibility
requirements contained in subsection (a) pursuant to subdivision (7) of subsection (b) of
Section 22-30E-4. (Act 2001-635, p. 1225, §1.)...
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37-3-25
Section 37-3-25 Penalties for violations. (a) Any person knowingly and willfully violating
any provision of this chapter or any rule, regulation, requirement or order thereunder or
any term or condition of any certificate, permit or license for which a penalty is not otherwise
herein provided shall, upon conviction thereof, be fined not more than $100.00 for the first
offense and not more than $500.00 for any subsequent offense. Each day of such violation shall
constitute a separate offense. (b) If any motor carrier or broker operates in violation of
any provision of this chapter (except as to the reasonableness of rates, fares or charges
and discriminatory character thereof), or any rule, regulation or requirement, or order thereunder,
or of any term or condition of any certificate or permit, the commission or its duly authorized
agency may apply to the circuit court of the State of Alabama for any county where such motor
carrier or broker operates for the enforcement of such...
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22-30E-8
Section 22-30E-8 Criteria for qualification for limitation of liability. (a) To qualify for
a limitation of liability as provided in subsection (a) of Section 22-30E-9, an applicant
shall meet all the following criteria: (1) The applicant shall not be a responsible person,
as defined in Section 22-30E-3, at the qualifying property. (2) Where the applicant is an
individual, the individual shall not: Be a relative by blood within the third degree of consanguinity
or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated
with a current owner of the subject property or any responsible person on the subject property.
(3) Where the applicant is a corporation or other legal entity, the corporation must not:
Be a current or former subsidiary, division, parent company, or partner; or be the employer
or former employer of the current owner; or be any responsible person on the subject property.
(4) The applicant shall be in good standing with respect to any order,...
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22-27-11
Section 22-27-11 Violations; penalties; administrative orders; injunctive relief. (a) Any violation
of this article, any rule promulgated under the authority of this article, any order issued
under the authority, or any term or condition of any permit issued under the authority of
this article is unlawful. In addition to any penalties lawfully assessed, any person committing
a violation shall be liable for all costs of abatement of any pollution and correction of
any public nuisance caused by the violation. (b) The department may issue administrative orders
under Section 22-22A-5 or initiate civil actions, or both, as it deems necessary against any
person in the enforcement of this article, or any regulation promulgated or permit issued
under the authority of this article. (c) In addition to any other remedies provided in this
article, the department or the health department may institute suit against any person for
a violation of law or, whenever a public nuisance is threatened or...
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