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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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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management Compact.
The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby enacted
into law and entered into by the State of Alabama with any and all states legally joining
therein in accordance with its terms, in the form substantially as follows: SOUTHEAST INTERSTATE
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There is hereby
created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party
states recognize and declare that each state is responsible for providing for the availability
of capacity either within or outside the state for the disposal of low-level radioactive waste
generated within its borders, except for waste generated as a result of defense activities
of the federal government or federal research and development activities. They also recognize
that the management of low-level radioactive waste is handled most...
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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time (which may be perpetuity, subject to the provisions of Section
11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, except as otherwise provided in this chapter, and to defend civil actions
against it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure;
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether...
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22-27-17
Section 22-27-17 Disposal fees; disposition of funds; exemptions; review of records; biennial
report. (a) Beginning on October 1, 2008, the following disposal fees are levied upon generators
of solid waste who dispose of solid waste at solid waste management facilities permitted by
the department subject to this chapter, which shall be collected in accordance with subsection
(b): (1) One dollar ($1) per ton for all waste disposed of in a municipal solid waste landfill.
(2) One dollar ($1) per ton or twenty-five cents ($0.25) per cubic yard for all waste disposed
of in public industrial landfills, construction and demolition landfills, non-municipal solid
waste incinerators, or composting facilities, which receive waste not generated by the permittee.
(3) Twenty-five cents ($0.25) per cubic yard for all waste disposed of in a private solid
waste management facility, not to exceed one thousand dollars ($1,000) per calendar year.
(4) Regulated solid waste that may be approved by 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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45-49-252.04
Section 45-49-252.04 Certificates of need. Certificates of need as required by Section 45-49-252.03
may be obtained for the management of solid waste in the following manner: (1) An applicant
for a certificate of need for a solid waste management activity or facility shall petition
the Mobile County Commission to deter- mine the need of such requested service by the applicant.
The applicant shall provide the commission with the following information as applicable: a.
A statement of purpose and need for the activity, service, or facility. b. A statement of
funding sources. c. A statement of financial resources of the applicant. d. A statement of
the cost of operation. e. A statement of existing facilities or services available. f. Any
other information requested by the commission. g. Information described in paragraphs b.,
c., and d. shall not be required from persons desiring certificates of need to provide nonresidential
solid waste management activities, services, or facilities. (2)...
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22-27-45
Section 22-27-45 State Solid Waste Management Plan. The Director of the Alabama Department
of Environmental Management, with the advice and consultation of the Solid Waste Management
Advisory Committee, is directed to prepare a State Solid Waste Management Plan. In developing
the state plan, the department will seek to achieve the following goals: (1) That solid waste
facilities and management systems are provided for in an orderly manner consistent with the
needs and plans of the state and its regions and local governments; (2) That alternative methods
of solid waste management are encouraged as a means of reducing the state's dependence on
landfilling; (3) That all aspects of local, regional and state planning, zoning, population
estimates, and economics are taken into consideration; and (4) That appropriate time schedules
are set for the phasing in of the required component parts of the system. Said plan shall
be developed in two phases: a. The first phase of the plan shall be...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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45-49-252.05
Section 45-49-252.05 Solid waste management permits. Permits required under Section 45-49-252.03
shall be issued in the following manner: (1) Any person desiring to obtain a permit shall
file an application for a permit with the director on application forms provided by the director
and shall accompany such application with: a. Name and address of the applicant, showing its
legal identity (individual, partnership, corporation, etc.). b. The business address of the
applicant. c. An inventory of all motorized equipment or other equipment to be used in such
collection, transportation, or disposal. d. The methods of storage, transport, and processing
to be used. e. The location and type of processing or disposal, or both, contemplated. f.
The types and amounts of wastes to be covered by permit, including a description of the project
or process generating wastes. g. The route or routes to be used in transporting and schedules
used. h. Issuance of county permits shall not relieve applicants...
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