Code of Alabama

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22-22B-3
Section 22-22B-3 State government program for waste reduction and the collection of recyclable
wastes; planning and implementation; annual reports by agencies; what to be included in programs;
coordination of efforts. (a) The Department of Environmental Management shall assess the status
of recycling efforts undertaken by the state for solid waste generated by the operations of
state agencies and public school systems and shall evaluate existing programs and develop
necessary new programs for recycling to reduce the generation of solid waste by the state.
The programs shall include, without limitation, recycling of office papers, cardboard, yard
waste and other materials produced by the state for which recycling markets exist or may be
developed. (b) Waste reduction and recycling plan. Within 180 days of April 19, 1990, the
Department of Environmental Management shall develop and implement a model program for the
reduction and recycling of the solid wastes generated by its own...
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11-89A-1
Section 11-89A-1 Legislative findings. It is hereby found and declared as follows: That the
collection, disposal, and utilization of solid waste is a matter of grave concern to all citizens
and is an activity thoroughly affected with the public interest; that the health, safety,
and welfare of the people of this state require efficient solid waste collection and disposal
service and efficient utilization of such waste; that the need exists to develop alternative
energy sources for public and private consumption in order to reduce our dependence on such
sources as petroleum products, natural gas, nuclear and hydroelectric generation; that solid
waste represents a potential source of solid fuel, oil or gas that can be converted into energy;
that technology exists to produce usable energy from solid waste; that there is a need for
planning, research, development, and innovation in the design, management, and operation of
facilities for solid waste management, in order to encourage...
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45-12-241.01
Section 45-12-241.01 Privilege license tax for mandatory solid waste disposal program. (a)
This section shall only apply to Choctaw County. (b) As used in this section, state sales
and use tax means the tax imposed by the state sales and use tax statutes, including, but
not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62,
and 40-23-63 of the Code of Alabama 1975. (c) The County Commission of Choctaw County may
levy, in addition to all other taxes, a privilege license tax against gross sales in an amount
up to two cents which shall be exclusively for the operational fund of the county mandatory
solid waste disposal program. The gross proceeds of all sales which are presently exempt under
the state sales and use tax statutes are exempt from the tax authorized by this section. (d)
The tax levied by this section shall be collected by the State Department of Revenue, or such
other entity as determined by the county commission, at the same time and in...
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22-27-40
Section 22-27-40 Legislative findings. The Legislature finds that: (1) The state, its subdivisions
and the nation face an emerging crisis in solid waste management; (2) Proper waste management
is an increasingly complex issue involving the need for reducing the volumes of waste requiring
disposal, properly managing wastes to reduce the likelihood of both short-term and long-term
threat to human health and the environment, and assuring that adequate, environmentally secure,
waste management and disposal facilities will be available at reasonable costs to accommodate
wastes generated in the state; (3) Provision for necessary systems, facilities, technology
and services for solid waste management and resource recovery is a matter of important public
interest and concern, and action taken in this regard will be for a public purpose and will
benefit the public welfare; (4) Solid waste management problems are potentially statewide
in scope and necessitate state and local action through the...
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22-27-42
Section 22-27-42 Legislative intent. In furtherance of the policies and purposes set forth
herein, it is the intent of this legislation: (1) To develop an integrated system of planning
for solid waste management in the state by local governments, regional planning commissions
and the department; (2) To put in place the necessary procedures so that an effective and
integrated statewide network of solid waste management facilities may be planned, developed
and operated for the benefit of the people of the state; (3) To assure that solid waste management
planning and implementation activities should, to the extent economically feasible, encourage:
a. Reduction of the amount of source waste generated; b. Source separation and recycling;
and c. Waste processing such as the utilization of a waste-to-energy technology to reduce
the volume of waste necessary for land disposal. (4) To facilitate the siting of solid waste
management facilities as required to meet present and projected state and...
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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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22-27-46
Section 22-27-46 Regional planning and development commissions. (a) Not later than six months
from May 16, 1989, each regional planning and development commission in the state shall prepare
and adopt a regional needs assessment evaluating solid waste management needs in their respective
regions. This regional needs assessment shall be submitted to the department for information
and review and shall be considered by units of local government within the region in the development
of their individual plans as required herein. Thereafter, the assessment shall be revised
and submitted to the department and local governments in the region annually. The regional
needs assessment shall include, at a minimum, the following: (1) An evaluation of the amount
of solid waste generated within the region and the amount of remaining disposal capacity,
expressed in years, at each solid waste disposal facility within the region; (2) An evaluation
of the needs of all localities within the district as to...
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22-27-48.1
Section 22-27-48.1 Approval process by local governing body for siting of new solid waste management
facility. (a) This section applies to the siting of any new solid waste management facility,
as defined in Section 22-27-2. (b) The governing body of a county or municipality shall make
a discretionary decision to approve or disapprove the siting of a new solid waste management
facility in accordance with this section. (c) Any person or entity seeking approval from the
governing body of a county or municipality for the siting of a new solid waste management
facility shall also submit to the governing body as part of its application, the application
fee required under subsection (d) of Section 22-27-48 and all of the following information:
(1) A written document addressing each of the criteria described in subsection (c) of Section
22-27-48. (2) The applicant's experience of owning or operating other solid waste facilities.
(3) Information relating to the applicant's financial resources,...
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11-89A-4
Section 11-89A-4 Incorporation procedure; contents, execution, and filing of certificate of
incorporation; notice to Secretary of State. (a) Within 40 days following the adoption of
an authorizing resolution (or, if there is more than one, the last adopted thereof), the applicants
shall proceed to incorporate an authority by filing for record in the office of the judge
of probate of the county in which the principal office of the authority is to be located a
certificate of incorporation which shall comply in form and substance with the requirements
of this section and which shall be in the form and executed in the manner provided in this
chapter and shall also be in the form theretofore approved by the governing body of each determining
subdivision. (b) The certificate of incorporation of the authority shall state: (1) The names
of the persons forming the authority, and that each of them is a duly qualified elector of
the determining subdivision (or, if there is more than one, at least...
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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies, the governing
body of a county or municipality has a responsibility for and the authority to assure the
proper management of solid wastes generated within its jurisdiction in accord with its solid
waste management plan. A governing body may assign territories and approve or disapprove disposal
sites in its jurisdiction in accord with the plan approved for its jurisdiction. Such approval
or disapproval of services or activities described in the local plan shall be in addition
to any other approvals required from other regulatory authorities and shall be made prior
to any other approvals necessary for the provision of such services, the development of a
proposed facility or the modification of permits for existing facilities. (b) The department
may not consider an application for a new facility unless the application has received approval
pursuant to Section 22-27-48.1 by the affected local governing...
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