Code of Alabama

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22-30-11
Section 22-30-11 Adoption of regulations, guidelines, criteria and standards by State Department;
states from which hazardous wastes cannot be accepted; penalty; contracts to satisfy federal
capacity assurance programs limited. (a) The department, acting through the commission, is
authorized to promulgate, and may revise when appropriate, rules and regulations, guidelines,
criteria and standards for all hazardous waste management practices. (b) It is unlawful for
any person who owns or operates a commercial hazardous waste treatment or disposal facility
within this state to dispose or treat any hazardous wastes generated in any state outside
the State of Alabama which: (1) Prohibits by law or regulation the treatment or disposal of
hazardous wastes within that state and which has no facility permitted or existing within
that state for the treatment or disposal of hazardous wastes; or (2) Has no facility permitted
or existing within that state for the treatment or disposal of hazardous...
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22-30B-2.4
Section 22-30B-2.4 Restrictions on disposal of hazardous waste; exceptions. No commercial site
for the disposal of hazardous waste and hazardous substances shall during any calendar year
receive and dispose of more than 600,000 tons of waste that cannot be legally disposed of
in a solid waste landfill permitted under Subtitle D of RCRA 42 U.S.C. ยง6941. Provided, however,
that the Environmental Management Commission or its designee may allow the disposal of hazardous
wastes in excess of the 600,000 ton annual limitation of volume imposed in this section if
such action is determined by the Environmental Management Commission or its designee to be
necessary to protect human health or the environment in the state. Provided further, if the
commission determines that public awareness of environmental matters may be enhanced by special
events or if amnesty or similar programs will promote the protection of human health and the
environment of Alabama, then it may exempt any wastes so...
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22-35-3
Section 22-35-3 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) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently
to the ground or other support structure (including pipes connected thereto) used to contain
an accumulation of motor fuels, the volume of which (including pipes connected thereto) is
greater than 90 percent above the surface of the ground. The terms "Underground Storage
Tank" and "Aboveground Storage Tank" do not include any: a. Farm or residential
tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
b. Tank used for storing heating oil for consumptive use on the premises where stored; c.
Septic tank; d. Pipeline facility (including gathering lines) regulated under: 1. The Natural
Gas Pipeline Safety Act of 1968, 2. The Hazardous Liquid Pipeline Safety Act of 1979, and
3....
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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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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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22-30F-2
Section 22-30F-2 Legislative findings; purpose and intent of chapter; establishment of revolving
loan program for voluntary remediation of environmentally contaminated areas. (a) The Legislature
finds that rural and urban property in Alabama may have areas of contamination which may be
addressed via the Alabama Land Recycling and Economic Redevelopment Act, Sections 22-30E-1
through 22-30E-13. The Legislature further finds that encouraging the voluntary remediation
and redevelopment of such properties is in the public interest. (b) The Legislature finds
that industries and developers often give preference to previously unused greenfield sites
over previously used property due largely to concerns over the financial and environmental
liabilities which may be incurred in acquiring such previously used property for reuse and
redevelopment. The Legislature further finds that the appropriate reuse and redevelopment
of properties which are contaminated, or perceived to be contaminated is in...
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22-30E-2
Section 22-30E-2 Legislative findings; purpose and intent of chapter; establishment of voluntary
assessment and/or cleanup program for properties with potential environmental contamination.
(a) The Legislature finds that rural and urban property in Alabama may have areas of actual
or perceived contamination at levels that may not be subject to assessment or cleanup under
applicable laws and regulations. The Legislature finds that this perception of contamination
discourages the purchase and productive use of otherwise usable properties. The Legislature
further finds that the voluntary assessment and/or cleanup of such properties is in the public
interest. (b) The Legislature finds that industries and developers often give preference to
previously unused greenfield sites over previously used property due largely to concerns over
the financial and environmental liabilities which may be incurred in acquiring such previously
used property for reuse and redevelopment. The Legislature...
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11-54-20
Section 11-54-20 Definitions. Wherever used in this article, unless a different meaning clearly
appears in the context, the following terms shall be given the following respective meanings:
(1) MUNICIPALITY. Any incorporated city or town in the State of Alabama. (2) PROJECT. Any
land and any building or other improvement thereon and all real and personal properties deemed
necessary in connection therewith, whether or not now in existence, which shall be suitable
for use by the following or by any combination of two or more thereof: a. Any industry for
the manufacturing, processing, or assembling of any agricultural or manufactured products;
b. Any commercial enterprise in storing, warehousing, distributing, or selling products of
agriculture, mining, or industry; c. Any commercial enterprise providing linen rental services
(including laundry and cleaning services related or incidental thereto) primarily to industries
and commercial enterprises described in either of the preceding...
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9-10B-5
Section 9-10B-5 Functions and duties of Office of Water Resources. The general functions and
duties of the Office of Water Resources shall be as follows: (1) To develop long-term strategic
plans for the use of the waters of the state by conducting and participating in water resource
studies and by administering the laws established by this chapter and regulations promulgated
hereunder; (2) Acting through the commission, to adopt and promulgate rules, regulations,
and standards for the purposes of this chapter, and to develop policy for the state regarding
the waters of the state; (3) To implement quantitative water resource programs and projects
for the coordination, conservation, development, management, use, and understanding of the
waters of the state; (4) To serve as a repository for data regarding the waters of the state;
(5) To, at its discretion, study, analyze, and evaluate in coordination with, or with the
assistance of, other agencies of the state, the federal government, any...
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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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