Code of Alabama

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38-3-9
Section 38-3-9 Adoption of rules; additional functions. The department shall adopt rules pursuant
to the Alabama Administrative Procedure Act to implement and administer this chapter and may
perform all of the following functions: (1) Provide technical assistance and consultation
upon request to public and private nonprofit agencies with respect to programs, services,
and activities for elderly people. (2) Provide assistance upon request to federal agencies,
other state agencies or departments, and private organizations on studies and surveys on the
special problems of the aged in such matters as mental and physical health, housing, transportation,
family relationships, employment, income, vocational rehabilitation, recreation, and education;
make such reports as are appropriate to the Governor and other federal and state agencies;
and develop recommendations for administrative or legislative action to assist the aged. (3)
Develop and strengthen the services available for the aging in...
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35-19-12
Section 35-19-12 Registry of environmental covenants. (a) The Alabama Department of Environmental
Management shall establish and maintain a registry that contains all environmental covenants
and any amendment or termination of those covenants. The registry may also contain any other
information concerning environmental covenants and the real property subject to them which
the department considers appropriate. The registry is a public record for purposes of Section
36-12-40. (b) After an environmental covenant or an amendment or termination of a covenant
is filed in the registry established pursuant to subsection (a), a notice of the covenant,
amendment, or termination that complies with this section may be recorded in the land records
in lieu of recording the entire covenant. Any such notice must contain all of the following:
(1) A legally sufficient description and any available street address of the real property
subject to the covenant. (2) The name and address of the owner of the...
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37-14-30
Section 37-14-30 Declaration of findings and policy; relationship to 1984 act. The Legislature
of the State of Alabama has investigated the economic, financial and environmental impact
associated with the potential for duplication of electric distribution facilities used for
the furnishing of retail electric service. It has been determined that with respect to retail
electric sales, the benefit normally associated with competition between two or more entities
for customers is outweighed by the tremendous cost burden which must be borne by such customers
associated with the maintenance of two or more duplicate sets of facilities. It is the further
finding of the legislature that the existence of duplicate facilities for the furnishing of
electricity at retail is not in the public interest because of the adverse impact which such
duplication has on environmental and aesthetic values and on safety. It is therefore declared
that the policy of the State of Alabama is to ensure effective,...
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22-30-3
Section 22-30-3 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMISSION. The Environmental
Management Commission of the Alabama Department of Environmental Management as created by
Section 22-22A-6. (2) DEPARTMENT. The Alabama Department of Environmental Management as created
by Section 22-22A-4. (3) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (4) DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous waste into or on any land or water so that such hazardous waste or
any constituent thereof may enter the environment or be emitted into the air or discharged
into any waters, including ground waters. (5) HAZARDOUS WASTE. A solid waste, or combination
of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious
characteristics may: a. Cause, or significantly contribute to,...
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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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23-1-56
Section 23-1-56 Contracts to do work - Qualification of bidders. (a) Prequalifications of contractors.
The Director of Transportation shall require all bidders to furnish a statement under oath,
on such forms as the State Department of Transportation may prescribe, of detailed information
with respect to their financial resources, equipment, past record, and experience of both
the firm and personnel of the organization, together with such other information as the State
Department of Transportation may deem necessary for carrying out the provisions of this chapter.
Such forms shall include a financial statement actually prepared by a certified public accountant
(C.P.A.) or any independent licensed public accountant approved by the Alabama State Department
of Transportation, an inventory of equipment listing its location and book value, a listing
of material and equipment houses with whom a line of credit is established as well as those
firms from whom principal materials and equipment...
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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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38-3-8
Section 38-3-8 Powers and responsibilities of the department. The Department of Senior Services
shall: (1) Be the designated state agency to administer programs of the federal government
relating to the aged, requiring action within the state, that are not the specific responsibility
of another state agency under federal or state statutes and to administer programs for the
aged when designated as an operating agency by another state agency. The department may not
take over from another state agency any of the specific responsibilities held by such other
state agency nor may the department withhold from another state agency any state or federal
funds designated for programs administered by that agency. The department shall be the state
agency to administer funds granted by the federal government under the "Older Americans
Act of 1965," 42 U.S.C. ยง3001, as amended, except for programs administered by another
state agency. The department shall cooperate with federal and state agencies,...
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40-9C-6
Section 40-9C-6 Procedure for granting abatement. (a) Subject to the limitations set out in
Section 40-9C-5, any person who proposes to become a private user of brownfield development
property or of a major addition thereto may apply to the governing body of any municipality
or county at or about the time a voluntary cleanup plan is approved by the Alabama Department
of Environmental Management, for an abatement of all of the taxes allowed to be abated under
this chapter with respect to such property. The application shall contain information that
will permit the governing body to which it is submitted to make a reasonable cost/benefit
analysis as to the proposed brownfield development property and to determine the maximum exemption
period for the abatement of noneducational ad valorem taxes. The application must be accompanied
by an approval of the voluntary cleanup plan. (b) The abatements granted by the governing
body shall be embodied in an agreement between the governing body and...
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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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