35-19-12
Section 35-19-12 Registry of environmental covenants. (a) The Alabama Department of Environmental
Management shall establish and maintain a registry that contains all environmental covenants
and any amendment or termination of those covenants. The registry may also contain any other
information concerning environmental covenants and the real property subject to them which
the department considers appropriate. The registry is a public record for purposes of Section
36-12-40. (b) After an environmental covenant or an amendment or termination of a covenant
is filed in the registry established pursuant to subsection (a), a notice of the covenant,
amendment, or termination that complies with this section may be recorded in the land records
in lieu of recording the entire covenant. Any such notice must contain all of the following:
(1) A legally sufficient description and any available street address of the real property
subject to the covenant. (2) The name and address of the owner of the...
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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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9-7-16
Section 9-7-16 Department of Environmental Management - Promulgation of rules and regulations.
The department shall develop and promulgate, after notice and opportunity for full participation
by relevant federal agencies, state agencies, local governments, regional organizations, port
authorities and other interested parties, both public and private, such rules and regulations
as may be necessary to carry out the management program provided for in this chapter. (Acts
1976, No. 534, p. 686, §7; Acts 1982, No. 82-612, p. 1111, §11.)...
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22-40A-13
Section 22-40A-13 End use market development program. The Alabama Department of Environmental
Management is designated as the department of state government responsible for development
and management of an end use market development program. The department may choose to negotiate
agreements with any person to participate in the end use marketing development program. (Act
2003-332, p. 823, §13; Act 2009-779, p. 2433, §1.)...
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22-22A-11
Section 22-22A-11 Alabama Department of Environmental Management Fund. There is hereby created
a fund known as the Alabama Department of Environmental Management Fund. This fund shall consist
of: (1) all appropriations; (2) all grants, gifts, bequests or donations; (3) all money derived
through any source of federal aid; (4) all fees; (5) all moneys from any program whose functions
were transferred to the department by this chapter; and (6) all moneys from any other source
whatsoever. However, the department may not solicit or accept any gift or donation from any
person that has any official request or action pending before the Alabama Department of Environmental
Management. All moneys deposited in said fund are hereby appropriated to the use of the department
in addition to any other appropriations heretofore or hereafter made. The fund shall be used
and expended by the department in accordance with the terms of the appropriations, gift, bequest,
grant, donation or transfer from which...
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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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35-19-5
Section 35-19-5 Validity and enforceability of environmental covenants. (a) An environmental
covenant that complies with this chapter runs with the land. (b) An environmental covenant
that is otherwise effective is valid and enforceable even if any one or more of the following
conditions apply: (1) It is not appurtenant to an interest in real property. (2) It can be
or has been assigned to a person other than the original holder. (3) It is not of a character
that has been recognized traditionally at common law. (4) It imposes a negative burden. (5)
It imposes an affirmative obligation on a person having an interest in the real property or
on the holder. (6) The benefit or burden does not touch or concern real property. (7) There
is no privity of estate or contract. (8) The holder dies, ceases to exist, resigns, or is
replaced. (9) The owner of an interest subject to the environmental covenant and the holder
are the same person. (c) An instrument that creates restrictions or obligations...
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22-40A-21
Section 22-40A-21 Scrap Tire Commission. (a) There is created the Scrap Tire Commission (STC)
to review the implementation of this chapter, including the scrap tire program, and recommend
changes to this chapter to the Legislature, as needed. The STC may promulgate regulations
to establish procedures for its operations. On September 1, 2003, the present monies received
under the existing Alabama Scrap Tire Study Commission (STSC) are transferred to the Scrap
Tire Fund created herein. (b) The Scrap Tire Commission shall be comprised of the following
individuals or their designees or a representative of each of the authorities listed below:
(1) The State Health Officer. (2) The Director of the Alabama Department of Environmental
Management. (3) The Alabama Department of Transportation. (4) The Association of County Commissions
of Alabama. (5) The Alabama Tire Dealers Association shall be represented by two members,
one of which shall be the president of the association. (6) The Rubber...
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22-23B-2
Section 22-23B-2 Definitions. The following words and phrases, whenever used in this chapter,
shall have the following respective meanings unless the context clearly indicates otherwise:
AUTHORITY. The corporation organized pursuant to the provisions of this chapter as a public
corporation, agency and instrumentality of the state and known as the "Alabama Drinking
Water Finance Authority." AUTHORIZING RESOLUTION. A resolution, order or other proceedings
adopted by the board of directors of the authority authorizing the issuance of bonds, agreements
and related matters. BOARD OF DIRECTORS. The board of directors of the authority. BOND PROCEEDS.
The net proceeds of sale of bonds or notes, and the income derived from the investment of
such proceeds. BONDS. The bonds, notes or obligations or other evidences of indebtedness issued
by the authority under the provisions of this chapter. DEPARTMENT. The Alabama Department
of Environmental Management or any successor. FEDERAL ACT. The Act of...
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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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