Code of Alabama

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22-25B-7
Section 22-25B-7 Fees and penalties. The costs of administering this chapter by the PSC, ADEM,
and ADPH shall be funded from certification fees, permit fees, and regulatory fees paid by
the wastewater management entities. All fees and revenue of any kind generated as a result
of the operation of this chapter shall be deposited to the credit of the PSC, ADEM, and ADPH
as set forth below, and shall be continuously appropriated to the PSC, ADPH, and ADEM to implement
and administer this chapter as follows: (1) The PSC is authorized to charge and collect from
the wastewater management entity a fee for the processing and review of applications for and
issuance of certifications as may be established by rules of the PSC. (2) The ADPH is authorized
to charge and collect from any wastewater management entity applying for a permit a fee as
established by rules of the State Board of Health. (3) The ADEM is authorized to charge and
collect from any wastewater management entity applying for a...
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22-25B-3
Section 22-25B-3 Responsibilities of wastewater management entities. (a) No person, firm, corporation,
or other legal entity shall operate as a wastewater management entity without full compliance
with this chapter and rules promulgated hereunder. (b) Every cluster and community wastewater
system shall be operated by a wastewater management entity as authorized under this chapter.
Wastewater management entities shall be subject to such operational permits as may be issued
by the department and such certificates as may be issued by the PSC. (1) A PSC certificate
of financial viability shall be valid for a period of two years from the date of issuance.
A new certificate of financial viability is required when a wastewater management entity is
issued a new operational permit by the department or when an operational permit is modified
by the department. (2) An operational permit for a cluster or community wastewater system
issued by the department shall be valid for a period of five years...
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22-25B-1
Section 22-25B-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ADEM. The Alabama
Department of Environmental Management. (2) ADPH. The Alabama Department of Public Health.
(3) CERTIFICATE OF ECONOMIC VIABILITY. The certification by the commission of the financial
viability of a wastewater management entity's financial viability pursuant to this chapter.
(4) CLUSTER WASTEWATER SYSTEM. An integrated wastewater collection system or treatment system,
or both, or multiple systems serving a single development or contiguous developments, which
collectively have a design flow of 15,000 GPD or less, and is designed and permitted for discharge
of the treated wastewater to a subsurface distribution system, but excluding systems that
discharge directly to surface waters of the state. The system must be designed by and certified
by a licensed professional engineer to comply with design and permit...
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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...
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22-25B-6
Section 22-25B-6 PSC regulation of wastewater management entities. (a) The PSC shall promulgate
and enforce such rules as are necessary to certify and monitor the economic viability of wastewater
management entities. Such regulations may include, but may not be limited to, the following:
(1) Financial viability requirements necessary to insure the long-term operation and maintenance
of wastewater systems. (2) Conditions for the operation or permitting, or both, of cluster
wastewater and community wastewater systems. (3) A system of notice to report any violations
of certifications, permits, law, regulations, directives, or orders, or any combination of
these, of the PSC, ADEM, or ADPH. (4) Enforcement mechanisms to insure compliance with law,
regulations, certificates, and directives of the PSC. (5) Standardized financial operations
and management of cluster and community wastewater systems and wastewater management entities.
(b) The PSC may make the determination of economic viability...
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22-25B-5
Section 22-25B-5 ADEM regulation of community wastewater systems. (a) Consistent with this
chapter, ADEM shall promulgate and enforce rules as are necessary to regulate community wastewater
systems and their wastewater management entities. Such rules may include, but may not be limited
to, the following: (1) The permitting, design, installation, repair, modification, location,
and operation requirements of community wastewater systems and facilities. (2) Mechanisms,
methodologies, procedures, or guidelines, or any combination of these, to insure community
wastewater systems and their management entities comply with law, regulations, conditions
of operational permits, and directives of ADEM. (3) Minimum inspection, monitoring, operating,
reporting, record maintenance, and system maintenance requirements for community wastewater
system management entities. (b) Upon failure of any wastewater management entity to comply
with this chapter, or any permit requirement, rule, or directive of...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) 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,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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16-33B-4
Section 16-33B-4 Basic powers and duties of the Alabama Commission on Higher Education for
the Alabama Guaranteed Student Loan Program. (a) Basic powers. The Alabama Commission on Higher
Education (ACHE) is authorized to administer the Alabama Guaranteed Student Loan Program in
accordance with the Federal Student Loan Law, and empowered to promulgate such rules, regulations,
policies, and procedures as may be reasonable and proper in order to carry out the provisions
and purposes of this chapter. Without limiting the generality of the foregoing, the ACHE is
authorized and empowered: (1) To establish regulations deemed necessary to comply with federal
regulations and legislation relative to guaranteed student loans and the Federal Student Loan
Law. (2) To establish eligibility criteria for participating postsecondary educational institutions.
(3) To establish reasonable eligibility criteria for the initial and continuing participation
of approved lenders in the student loan program. (4)...
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22-25B-4
Section 22-25B-4 ADPH regulation of cluster wastewater systems. (a) Consistent with this chapter,
the ADPH shall promulgate and enforce such rules as are necessary to regulate cluster wastewater
systems and their wastewater management entities. Such rules may include, but may not be limited
to, the following: (1) The permitting, design, installation, repair, modification, location,
and operation requirements of cluster wastewater systems and facilities. (2) Minimum inspection,
monitoring, operating, reporting, record maintenance, and system maintenance requirements
for cluster wastewater system management entities. (3) Mechanisms, methodologies, procedures,
or guidelines, or any combination of these, to insure cluster wastewater systems and their
management entities comply with law, regulations, conditions of operational permits, and directives
of ADPH. (b) Upon failure of a cluster wastewater entity to comply with this chapter, or any
permit requirements, rule, order, or directive of...
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22-25B-8
Section 22-25B-8 Advisory group. An advisory group shall be established to advise the appropriate
regulatory agencies on construction/installation standards, hereafter known as the Advisory
Group on Minimum Construction Standards, and shall be made up of the following members: (1)
One representative appointed by the ADEM. (2) One representative appointed by the ADPH. (3)
One representative appointed by the PSC. (4) One representative appointed by the Home Builders
Association of Alabama. (5) One representative appointed by the Alabama Onsite Wastewater
Board. (6) One representative appointed by the Wastewater Utility Management Association.
(Act 2009-773, p. 2388, ยง2.)...
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