Code of Alabama

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9-11-391
Section 9-11-391 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) COMMISSIONER. The Commissioner of the Department of Conservation and Natural Resources
of the State of Alabama. (2) DEPARTMENT. The Department of Conservation and Natural Resources
of the State of Alabama. (3) CONSERVATION and MANAGEMENT. The collection and application of
biological information for the purposes of increasing and maintaining the number of animals
within species and populations of marine mammals at the optimum carrying capacity of their
habitat. Such terms include the entire scope of activities that constitute a modern scientific
resources program, including, but not limited to, research, census law enforcement and habitat
acquisition and improvement. Also included within these terms, when and where appropriate,
is the periodic or total protection of species or populations as well...
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9-15-56
Section 9-15-56 Application for beach project; issuance of permit. (a) Upon application by
a coastal municipality, the Commissioner of the Department of Conservation and Natural Resources,
acting through the Lands Division of the department, shall issue a permit for the construction
and maintenance of a beach project by the coastal municipality under the authority of Article
11 of Chapter 47 of Title 11, provided all of the requirements of this section shall have
been satisfied. (b) The application for a beach project shall contain, at a minimum, all of
the following: (1) A detailed description of the location, dimensions, and design features
of the proposed beach project. (2) A copy of the survey, map, metes and bounds description,
or plane coordinate references adopted by the governing body of the coastal municipality as
identifying the location of the mean high tide line and the locations of the limits of the
landward and seaward extensions of the proposed beach project relative to...
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22-30-2
Section 22-30-2 Legislative findings; purpose and intent of chapter. The Legislature finds
that the generation and management of hazardous waste is a continuing problem. Further, that
without adequate safeguards, the generation, transportation, treatment, storage and disposal
of such wastes can create conditions which threaten human health or the environment. The Legislature,
therefore, declares that in order to minimize and control any such hazardous conditions, it
is in the public interest to establish and to maintain a statewide program, administered by
the Alabama Department of Environmental Management, to provide for the safe management of
hazardous wastes. It is the intent of the Legislature that the Alabama Department of Environmental
Management seek and retain authorization to operate the State Hazardous Waste Management Program.
It is also the intent of the Legislature that the rules, regulations, guidelines and criteria
promulgated under authority of this chapter encourage...
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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. §9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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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. §6941. 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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41-16-122
Section 41-16-122 Authority of division. (a) The division shall be authorized to collect fees
for transfer, handling, shipping, classification, warehousing, bidding, destruction, scrapping,
or other disposal of property and such other fees as may be deemed appropriate in order to
insure the continued efficient operation of the surplus property function of the department.
(b) The division shall be exclusively authorized to receive donated federal surplus property
from any source, including the General Services Administration (GSA), for distribution following
required federal guidelines in the same manner as state surplus property. The division shall
also be exclusively authorized to purchase GSA property of any nature including, but not limited
to, vehicles of any type for resale. (c) The division shall establish three accounts within
the State Treasury for the operation of the surplus property function as follows: (1) The
first account shall be known as the Federal Surplus Property...
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12-15-505
Section 12-15-505 State Team established; membership; term; duties; hiring authority. (a) The
State Team is created and shall consist of a representative appointed by the head of the following
departments, agencies, or organizations: The Department of Education, the Department of Human
Resources, the Department of Mental Health, the Department of Public Health, the Department
of Youth Services, and the Alabama Chief Probation Officers Association. (b) The appointments
to the State Team shall be for a term of three years beginning October 1, 1993, and each three
years thereafter and until their successors are appointed, except that the initial appointments
of the representatives of the Department of Human Resources and the Department of Mental Health
shall be for three years; the initial appointments of the representatives of the Department
of Education and the Department of Youth Services shall be for two years; and the initial
appointments of representatives of the Department of...
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22-27-5.2
Section 22-27-5.2 Solid waste landfill moratorium. (a)(1) Notwithstanding any provision of
law, until May 31, 2014, neither the department nor any state or local agency may grant any
new permits to a new public solid waste landfill facility which is intended to receive waste
not generated by the permittee. (2) The moratorium period is necessary in order to allow the
department and the Alabama Department of Public Health to review their duties and responsibilities
pursuant to the Solid Wastes and Recyclable Materials Management Act. As appropriate, following
this review, the department, with input from the Alabama Department of Public Health, shall
make recommendations for necessary legislation or undertake rulemaking to implement enhancement
identified during the review period. (3) For the purpose of evaluating solid waste landfill
management issues facing the state and to allow for the update of the state's comprehensive
solid waste management plan to identify and provide for the...
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22-28-21
Section 22-28-21 Air pollution emergencies. (a) Any other provisions of law to the contrary
notwithstanding, if the director finds that a generalized condition of air pollution exists
and that it creates an emergency requiring immediate action to protect human health or safety,
the director shall order persons causing or contributing to the air pollution to reduce or
discontinue immediately the emission of air contaminants, and such order shall fix a place
and time, not later than 24 hours thereafter, for a hearing to be held before the Environmental
Management Commission. Not more than 24 hours after the commencement of such hearing, and
without adjournment thereof, the Environmental Management Commission shall affirm, modify
or set aside the order of the director. (b) In the absence of a generalized condition of air
pollution of the type referred to in subsection (a) of this section, but if the director finds
that emissions from the operation of one or more air contaminants sources...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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