|
11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-9.htm - 8K - Match Info - Similar pages
11-89C-1
Section 11-89C-1 Legislative findings and intent. (a) The Legislature finds and declares that
it is in the public interest and the health, safety, and welfare of the citizens of this state
and within the police power of the state, county, and municipal governments to promote effective
and efficient compliance with federal and state laws, rules, regulations, and permits relating
to discharges into and from municipal separate storm sewers, and to promote and authorize
the discovery, control, and elimination, wherever practicable, of that discharge at the local
government level. (b) It is the intention of the Legislature by passage of this chapter to
assist the state in its implementation of the storm water laws, and to supplement the authority
of the governing bodies of all counties and municipalities in the state to enable them to
implement the storm water laws. (c) It is further the intention of the Legislature to authorize
and promote the intercooperation of the governing bodies in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-1.htm - 4K - Match Info - Similar pages
11-80-15
Section 11-80-15 Regulation of fertilizer. (a) A county commission or municipal governing body
may not adopt or continue in effect any ordinance, rule, or resolution regulating the registration,
packaging, labeling, sale, distribution, transportation, storage, or application of fertilizers.
The entire subject matter of the foregoing shall be subject to the jurisdiction of the Department
of Agriculture and Industries. (b) For purposes of this section, the term fertilizer means
any substance containing one or more recognized plant nutrients which is used for its plant
nutrient content and which is designed for use or claimed to have value in promoting plant
growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
boiler ashes produced by the pulp and paper or the electric utility industry, and similar
products exempted by regulation of the Commissioner of Agriculture and Industries. (c) This
section shall not affect, supersede, or override any zoning...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-80-15.htm - 2K - Match Info - Similar pages
11-89C-4
Section 11-89C-4 Powers of public corporation; requirements for development or adoption of
rules, procedures, ordinances, etc. (a) When expressly required to comply with storm water
laws, any public corporation created pursuant to this chapter shall have the following powers:
(1) To establish, maintain, and operate an organizational structure pursuant to this chapter,
its original or amended certification, and its bylaws or other rules of procedure, that will
enable it to implement the storm water laws for and on behalf of any governing body that exercises
the option to participate in or with a public corporation, provided that no new or greater
authorities or powers other than those specifically granted to the governing bodies are conferred
upon any public corporation formed pursuant to this chapter. Except for the authority provided
in subdivision (20), authority to enforce the storm water laws is retained wholly and exclusively
to the governing bodies and may not be further...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-4.htm - 10K - Match Info - Similar pages
4-3-47
Section 4-3-47 Powers of authority generally. The authority 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
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (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, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/4-3-47.htm - 16K - Match Info - Similar pages
11-89C-12
Section 11-89C-12 No enforcement action by governing body where ADEM has taken certain actions.
(a) In no event shall any enforcement action be taken by any governing body against any person
for an alleged violation of a local ordinance or resolution pertaining to storm water discharges
into a separate storm sewer if any of the following occur: (1) ADEM has issued a notice of
violation with respect to the same alleged violation, and is proceeding with enforcement action;
(2) ADEM has issued an administrative order with respect to the same alleged violation, and
is proceeding with enforcement action; or (3) ADEM has commenced and is proceeding with enforcement
action or has completed any other type of administrative or civil action with respect to the
same alleged violation. (b) Any determination or resolution with respect to an alleged violation
made by ADEM shall be final, and such alleged violation shall not be the subject of any additional
enforcement action by a governing body...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-12.htm - 1K - Match Info - Similar pages
11-89C-2
Section 11-89C-2 Definitions. As used in this chapter, the following words and phrases shall
have the following meanings: (1) AGRICULTURAL LAND. Any real property classified or assessed
as agricultural or forest land for property tax purposes. (2) COMMERCIAL PROPERTY. Any real
property that is not residential property, as defined in this section, or has not specifically
been exempted from the fee provisions set out in Section 11-89C-9(d)(1). (3) GOVERNING BODY.
The governing body of a county or municipality in the state which is now or may hereafter
be specifically designated in 40 C.F.R. Part 122, including, but not limited to, any appendices
or revisions promulgated by EPA in conjunction with any expansion of the agency's municipal
separate storm sewer system program (e.g. Phase III, Phase IV, and/or equivalent expansions),
or by ADEM pursuant to the authority delegated to it under the Clean Water Act, 33 U.S.C.
ยง1251 et seq. (4) GREENFIELD. Any real property not previously...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89C-2.htm - 4K - Match Info - Similar pages
11-89A-2
Section 11-89A-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of a clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of any county or
municipality in accordance with the provisions of Section 11-89A-3. (2) AUTHORITY. Any public
corporation organized pursuant to the provisions of this chapter. (3) AUTHORIZING RESOLUTION.
A resolution or ordinance adopted by the governing body of any county or municipality in accordance
with the provisions of Section 11-89A-3, that authorizes the incorporation of an authority.
(4) BOARD. The board of directors of an authority. (5) BONDS. Bonds, notes, or other obligations
representing an obligation to pay money. (6) COSTS. As applied to a facility or any portion
thereof, such term shall include all or any part of the cost of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-89A-2.htm - 7K - Match Info - Similar pages
11-97-2
Section 11-97-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of a clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of any county or
municipality in accordance with the provisions of Section 11-97-3 hereof. (2) AUTHORIZING
RESOLUTION. A resolution of ordinance adopted by the governing body of any county or municipality
in accordance with the provisions of Section 11-97-3 hereof, that authorizes the incorporation
of a corporation. (3) BOARD. The board of directors of a corporation. (4) BONDS. Bonds, notes,
or other obligations representing an obligation to pay money. (5) CORPORATION. Any public
corporation organized pursuant to the provisions of this chapter. (6) COSTS. As applied to
a facility or any portion thereof, shall include all or any part of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-97-2.htm - 10K - Match Info - Similar pages
45-8A-72
Section 45-8A-72 Alcoholic beverages regulated. (a) This section only applies to the City of
Jacksonville in Calhoun County. (b) Alcoholic beverages may be sold each day of the week for
on-premises consumption by retail licensees of the Alcoholic Beverage Control Board in the
City of Jacksonville if approved by a majority vote of the governing body. (c) Alcoholic beverages
may be sold each day of the week for off-premises consumption by retail licensees of the Alcoholic
Beverage Control Board in the City of Jacksonville if approved by a majority vote of the governing
body. (d) The governing body of the City of Jacksonville, by resolution or ordinance passed
by a simple majority, may regulate but may not prohibit the sale of both on-premises and off-premises
consumption of alcoholic beverages each day of the week by retail licensees of the Alcoholic
Beverage Control Board to the general public. Retail licensees may sell or dispense alcoholic
beverages pursuant to the requirements of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-72.htm - 1K - Match Info - Similar pages
|