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40-13-51
Section 40-13-51 Definitions. As used in this article, the following terms shall have the following
meanings: (1) BORROW PIT. An area from which soil or other unconsolidated materials are removed
to be used, without further processing, for highway or road construction and maintenance.
(2) COMMISSIONER. The Commissioner of Revenue of the Alabama Department of Revenue. (3) DEPARTMENT.
The Alabama Department of Revenue. (4) OPERATOR. Any person engaged in mining or quarrying
operations in the state, whether individually, jointly, or through a parent, subsidiary, or
affiliated company, or by agent, employee, or contractor. (5) PERSON. Any individual or individuals,
partnership, limited partnership, corporation, limited liability company, limited liability
partnership, business trust, or any other association of persons. (6) POLLUTION CONTROL OR
ABATEMENT. As defined in Section 40-23-4(a)(16) and shall include, but shall not be limited
to, severed materials used in the treating, modifying,...
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45-44-245
Section 45-44-245 Definitions; levy of tax; permit; fees. (a) When used in this section, the
following terms shall have the following meanings: (1) PERSON. Any individual, firm, partnership,
corporation, association, or combination who, for a fee, severs clay, sand, or gravel within
Macon County. (2) PRODUCER. Any person engaging in the business of severing clay, sand, or
gravel for a fee from the soil within Macon County. (3) SEVERING. Cutting, mining, stripping,
or otherwise taking or removing clay, sand, or gravel from the soil within Macon County for
a fee. (b) In Macon County, the Macon County Commission may levy an additional severance fee
of seven cents ($.07) per ton on gravel or nine cents ($.09) per cubic yard, or two cents
($.02) per ton on sand and clay or three cents ($.03) per cubic yard, whichever is applicable,
on the severance of clay, sand, or gravel. These fees are levied and collected based upon
tons or yards sold. Each producer shall collect the fee from the...
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9-2-120
Section 9-2-120 Supervision and development of certain state-owned islands. (a) It shall be
the duty and responsibility of the Division of Lands of the Department of Conservation and
Natural Resources to protect, develop and supervise all state-owned islands now existing or
which may appear in the future on the waters of this state which are not used by any department
or agency of the state government. The Division of Lands is authorized and empowered to develop
said islands in such manner as may be in the best interest of the state and is further empowered,
with the approval of the Governor, to sell or cause to be sold timber, minerals, sand and
gravel from said islands; provided, that such sales shall be only upon a competitive bid basis.
(b) On September 12, 1969, title to all islands as defined in subsection (a) of this section
shall be vested in the Division of Lands of the Department of Conservation and Natural Resources,
and all revenues derived therefrom shall be deposited in...
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9-8-21
Section 9-8-21 Legislative findings; declaration of policy. (a) It is hereby declared as a
matter of legislative determination: (1) That the farm, forest and grazing lands of the State
of Alabama are among the basic assets of the state and that the preservation of these lands
is necessary to protect and promote the health, safety and general welfare of its people;
(2) That improper land-use practices have caused and have contributed to, and are now causing
and contributing to, a progressively more serious erosion of the farm, forest and grazing
lands of this state by wind and water; (3) That the consequences of such soil erosion are
the silting and sedimentation of stream channels, reservoirs, dams, ditches and harbors, the
loss of fertile soil material, the reduction in productivity or outright ruin of rich bottom
lands by overwash of poor subsoil material, sand and gravel and the deterioration of soil
and its fertility; and (4) That to conserve soil resources and control and prevent...
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32-5-76
Section 32-5-76 Spilling loads or litter; penalty. (a)(1) Whoever willfully and knowingly operates,
owns, or causes to be operated on any public highway, road, street, or public right-of-way
a motor vehicle so loaded with gravel, rock, slag, or bricks, in any manner or in any condition
that the contents of the vehicle spill out and cause it to be deposited upon the highway,
road, street, or public right-of-way is guilty of a Class B misdemeanor pursuant to Section
13A-7-29, the criminal littering statute. (2) The Alabama State Law Enforcement Agency shall
adopt rules to implement this subsection. (b) No vehicle shall be driven or moved on any highway
unless the vehicle is so constructed or loaded as to prevent any of its load from dropping,
sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the
purpose of securing traction, or water or other substance may be sprinkled on a roadway in
cleaning or maintaining the roadway. (c)(1) Whoever willfully and...
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9-15-39
Section 9-15-39 Disposition of revenues from sales of timber or minerals or from rentals or
leases - School lands. The revenue derived from any sale of timber or minerals from, or rental
or lease of, any school lands shall be paid by the Commissioner of Conservation and Natural
Resources to the Treasurer to be deposited to the credit of the proper township or townships
as provided for by the constitution and laws of Alabama, except that there shall be retained
by the Lands Division of the Department of Conservation and Natural Resources a management
fee of 10 percent of any and all revenue. An itemized statement of the revenue derived from
the sale or lease shall be immediately forwarded by the Commissioner of Conservation and Natural
Resources to the State Superintendent of Education, and the statement shall show the items
of sale, the amount of revenue derived therefrom, and a description of the land from which
the sale or lease was made. The Superintendent of Education, upon receipt...
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28-3-187
28-3-187 Section 28-3-187 Identification on containers; procedures; penalties (a) For the protection
of the public welfare, health, peace and morals of the people of this state, including without
limitation regulation of the quality of malt or brewed beverages sold, offered for sale or
held for sale within this state, and for the protection of the tax revenues accruing to the
state by virtue of taxes levied on malt or brewed beverages, it is hereby declared the intention
and purpose of this article that the board shall require all manufacturer licensees, or in
lieu thereof, all importer licensees to affix Alabama identification, as will be prescribed
by the board, to all original containers in which malt or brewed beverages is normally placed
and prepared for market, received, sold or handled, before such beverages are sold, offered
for sale or held for sale within this state. Provided, however, a wholesaler licensee may,
subject to the rules and regulations promulgated by the board,...
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39-7-13
Section 39-7-13 Purpose and powers of authority generally; sale, transfer and conveyance of
entire water system to public corporation authorized to conduct business of water distribution
system. (a) An authority shall be incorporated for the purpose of conducting and developing
the enterprise in which it may engage in such manner that the services afforded by such enterprise
shall be available for public uses and to all inhabitants of the municipality and the surrounding
area for domestic and industrial uses at the lowest cost consistent with sound economy and
prudent management. Every authority incorporated under this chapter is hereby vested with
all powers necessary and requisite for the accomplishment of such purpose for which such authority
is incorporated capable of being delegated by the Legislature of the State of Alabama. The
authority shall have the power to acquire, construct, reconstruct, extend, improve and maintain
and operate any plant, works, system, facilities or...
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11-50-265
Section 11-50-265 Transfer of gas plant or system to waterworks board; sale or transfer of
plant or system by board to utility regulated by state Public Service Commission. (a) Every
city or town now or hereafter owning and operating a municipal gas plant or distribution system
and in which municipality a waterworks board is now or hereafter incorporated under the provisions
of Division 1 of this article is hereby authorized to transfer and convey such gas plant or
system or both to such waterworks board pursuant to the provisions of an ordinance theretofore
duly enacted by the governing body of such city or town and without the necessity of authorization
at an election of the qualified voters thereof; provided, that if at the time of such transfer
the city or town has outstanding any bonds or other obligations payable from or secured by
the revenues or earnings of such gas plant or system, it shall be incumbent upon the waterworks
board of such city or town to pay the amount thereof...
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40-13-53
Section 40-13-53 Applicability. (a) The term severed material, as defined in subdivision (9)
of Section 40-13-51 shall not include lime or limestone used for agricultural purposes or
for pollution control or abatement purposes, nor rock dust used for settling coal dust in
underground mines or similar uses, nor any natural minerals used for the purpose of producing
portland cement, nor processed sand used in the foundry cores, mold, and linings, nor clay
that produces lightweight aggregate, severed materials that are further processed into a finished
aggregate or limestone product without being transported on a public road, marble and marble
by-products, iron ore, quartzite, coal, oil, and natural gas and the severance of marble and
marble by-products, iron ore, quartzite, coal, oil, and natural gas shall not be subject to
the provisions of this article. (b) The tax levied by this article shall apply to all severed
material severed from the ground within this state and sold as tangible...
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