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9-16-94
Section 9-16-94 Penalties. (a) Any permittee or operator who violates any permit condition
or who violates any other provision of this article, may be assessed a civil penalty by the
regulatory authority, except that if such violation leads to the issuance of a cessation order
under Section 9-16-93, the civil penalty shall be assessed. Such penalty shall not
exceed $5,000.00 for each violation. Each day of continuing violation may be deemed a separate
violation for purposes of penalty assessments. In determining the amount of the penalty, consideration
shall be given to the permittee's history of previous violations at the particular surface
coal mining operations; the seriousness of the violation, including any irreparable harm to
the environment and any hazard to the health or safety of the public; whether the permittee
was negligent; and the demonstrated good faith of the permittee charged in attempting to achieve
rapid compliance after notification of the violation. (b) A civil...
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22-27-5.2
Section 22-27-5.2 Solid waste landfill moratorium. (a)(1) Notwithstanding any provision
of law, until May 31, 2014, neither the department nor any state or local agency may grant
any new permits to a new public solid waste landfill facility which is intended to receive
waste not generated by the permittee. (2) The moratorium period is necessary in order to allow
the department and the Alabama Department of Public Health to review their duties and responsibilities
pursuant to the Solid Wastes and Recyclable Materials Management Act. As appropriate, following
this review, the department, with input from the Alabama Department of Public Health, shall
make recommendations for necessary legislation or undertake rulemaking to implement enhancement
identified during the review period. (3) For the purpose of evaluating solid waste landfill
management issues facing the state and to allow for the update of the state's comprehensive
solid waste management plan to identify and provide for the...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state,
shall execute a compact, in substantially the following form, with the State of Mississippi,
and the Legislature approves and ratifies the compact in the form substantially as follows:
Northeast Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states
solemnly agree: Article I. The purpose of this compact is to promote and develop trade, commerce,
industry, and employment opportunities for the public good and welfare in northeast Mississippi
and northwest Alabama through the establishment of a joint interstate authority to acquire
certain railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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41-10-36
Section 41-10-36 Definitions. Unless the context requires otherwise, the terms defined
in this section shall have the following meanings for purposes of this division: (1)
AFFECTED BOND. Any obligation or portion thereof which is required under the terms of the
code to receive an allocation of the state ceiling as a condition for the exclusion of interest
on such obligation from the gross income of the recipient thereof for federal income tax purposes.
(2) ALLOCATION. An allocation of a portion of the state ceiling issued by the authority pursuant
to the provisions of this division. (3) APPLICATION. An application for an allocation, submitted
by an issuer under the provisions of this division. (4) APPLICATION FOR CARRYFORWARD ALLOCATION.
Any application filed with the authority seeking an elective carryforward of unused limitation
for a "carryforward purpose" as defined in Section 146(f)(5) of the code.
(5) AUTHORITY. The State Industrial Development Authority, a public corporation of...
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41-9-806
Section 41-9-806 Powers of commission. The commission shall be authorized: (1) To investigate
and select available sites for housing historic exhibits, including the surrounding grounds,
with such state, federal or local agencies and governments and private individuals, corporations,
associations or other organizations as may be involved, taking into consideration all pertinent
factors affecting the suitability of such sites; to acquire, transport, renovate, maintain
and exhibit appropriate and suitable military or historic units, articles, exhibits and attractions;
to have full, complete and exclusive jurisdiction over the sites and any related exhibits;
(2) To promote tourism throughout the Cahaba Valley by attending travel shows; issuing news
releases, calendars of events and newsletters; publishing brochures and pamphlets; constructing
mobile travel exhibits; producing films and other visual presentations as may be necessary;
and advertising in magazines and/or newspapers; (3) To...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and
phrases mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for
tax or payments required to be made in lieu thereof. An abatement of transaction taxes imposed
under Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve
the seller from the obligation to collect and pay over the transaction tax as if the sale
were to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED
TRANSACTION TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments
required to be made in lieu thereof, on tangible personal property and taxable services incorporated
into an industrial development property, the cost of which may be added to capital account
with respect to the property, determined without regard to any rule which...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the
agency shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in
its corporate name. b. May sue and be sued in its corporate name. c. May adopt, use and alter
a corporate seal, which shall be judicially noticed. d. May enter into such contracts and
cooperative agreements with the federal, state and local governments, with agencies of such
governments, with private individuals, corporations, associations, trusts and other organizations
as the board may deem necessary or convenient to enable it to carry out the purposes of this
chapter, including the planned, orderly residential development of the area. e. May adopt,
amend and repeal bylaws. f. May appoint such managers, officers, employees, attorneys and
agents as the board deems necessary for the transaction of its business, fix their compensation,
define their duties, require bonds of such of them as the board may...
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40-25-23
Section 40-25-23 Disposition of funds. All revenues collected under the provisions of
this article, except as otherwise provided, shall be paid to the Department of Revenue by
check or draft made payable to the Treasurer of Alabama, and shall be distributed in the following
manner: (1) All of the revenue derived from the tax levied upon cigarettes by Sections 40-25-2
and 40-25-41 shall be deposited in the State Treasury and 38.82 percent of such revenue shall
be divided as follows: a. Six and six one-hundredths percent to the credit of the State Public
Welfare Trust Fund, which is hereby appropriated for general welfare purposes. In this section,
"general welfare purposes" means: 1. The administration of public assistance as
set out in Sections 38-2-5 and 38-4-1; 2. Services, including supplementation and supplementary
services under the federal Social Security Act, to or on behalf of persons to whom such public
assistance may be given under Section 38-4-1; 3. Services to and on behalf...
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22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The
SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and
regulations the procedures for review of applications for certificates of need and for issuance
of certificates of need. Rules and regulations governing review procedures shall include,
but not necessarily be limited to, the following: (1) Agreement with other review agencies
for review procedures consistent with this article and federal regulations. (2) Application
procedures and forms of the application necessary to elicit and provide all necessary information
as required by the review criteria. (3) Establishment of a project review period of 90 days
from the date the state agency determines that the application is complete and notification
thereof is made to the applicant. The rules and regulations may provide for a period of not
more than 15 days for determination of the completeness of the application,...
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11-50-524
Section 11-50-524 Corporate powers. (a) The corporation shall be entitled to all the
exemptions provided by the general laws of Alabama and of the United States for municipal
corporations. To carry out its purposes, the corporation shall have the following specific
powers, but no enumeration of powers granted in this chapter shall be construed to impair
or limit any general grant of power contained in this chapter nor to limit any such grant
to a power or powers of the same class or classes as those enumerated: (1) To have succession
by its corporate name perpetually unless dissolved and unless a shorter period of time shall
be specified in the certificate; (2) To sue and be sued and to prosecute and defend; (3) To
have and to use a corporate seal and to alter the same at will; (4) To acquire by purchase
or lease and to operate, maintain, extend, and improve any utility within the power district,
including any real and personal properties and any contract and franchise rights in...
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