35-19-8
Section 35-19-8 Recording of environmental covenants. (a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in subsection (c) of Section 35-19-9, an environmental covenant is subject to the laws of the state governing recording and priority of interests in real property. (Act 2007-464, p. 972, §8.)...
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22-22A-6
Section 22-22A-6 Environmental Management Commission; powers and duties; composition; meetings; compensation; expenses; ethical requirements. (a) There is hereby created a seven member Environmental Management Commission of the Alabama Department of Environmental Management which shall have the following duties: (1) To select a director for the Department of Environmental Management and to advise the director on environmental matters which are within the department's scope of authority; (2) To establish, adopt, promulgate, modify, repeal, and suspend any rules, regulations, or environmental standards for the department which may be applicable to the state as a whole or any of its geographical parts; (3) To develop environmental policy for the state; and (4) To hear and determine appeals of administrative actions. (b) The Environmental Management Commission shall be composed of seven members who are citizens of the State of Alabama. Initial members of the commission shall be appointed...
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35-19-10
Section 35-19-10 Amendment or termination of environmental covenant. (a) Unless otherwise specified in the environmental covenant, an environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by each of the following: (1) The agency, unless waived by the agency, in which event the current owner of the fee simple of the real property subject to the covenant must sign. (2) Each person that originally signed the covenant, unless a person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence. (3) Except as otherwise provided in subsection (d)(2), the holder. (b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to...
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22-22-1
Section 22-22-1 Short title; definitions. (a) This chapter may be cited as the "Alabama Water Pollution Control Act." (b) For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) COMMISSION. The Alabama Department of Environmental Management. (2) WATERS. All waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly or partially within the state, natural or artificial. This does not include waters which are entirely confined and retained completely upon the property of a single individual, partnership or corporation unless such waters are used in interstate commerce. (3) POLLUTION. The discharge of a pollutant or combination of pollutants. A pollutant includes but is not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or...
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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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22-24-1
Section 22-24-1 Definitions. For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) BOARD. The Alabama Department of Environmental Management. (2) DIRECTOR. The Director of the Alabama Department of Environmental Management. (3) DRILL. To drill or redrill, bore, auger, dig or otherwise construct a water well. (4) DRILLER. Any person who manages or supervises the drilling of a water well. (5) LOG. A record of the type of material or rock penetrated in the drilling of a water well. (6) PERSON. Any individual, organization, group, association, partnership, corporation or any combination of them operating a business to drill water wells. (7) SAMPLE. Cuttings or other fragments of rock or soil materials removed from the well. (8) WELL. A hole drilled for the production of water. (Acts 1971, No. 1516, p. 2630, §1; Acts 1982, No. 82-612, p. 1111, §11(d).)...
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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances, and b. In the case of any underground storage tank in use before November 8, 1984 but no longer in use on that date, the present owner of the tank and any person who owned such tank immediately before the...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section, except when the context otherwise requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative office or unit of the state, including the Alabama Department of Environmental Management, other than the Legislature and its agencies, the Alabama State Port Authority, the courts, the Alabama Public Service Commission, or the State Banking Department, whose administrative procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of trustees of postsecondary institutions, boards of plans administered by public pension systems, counties, municipalities, or any agencies of local governmental units, unless they are expressly made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee on Administrative Rule Review, comprised of the members of...
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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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22-28-2
Section 22-28-2 Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) AIR POLLUTION. The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, animal or plant life or property or would interfere with the enjoyment of life or property throughout the state and in such territories of the state as shall be affected thereby. (2) AIR CONTAMINANT. Any solid, liquid or gaseous matter, any odor or any combination thereof, from whatever source. (3) COMMISSION. The Alabama Department of Environmental Management. (4) PERSON. Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, estate, or other legal or other business organization or any governmental entity, and any...
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