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22-27-11
Section 22-27-11 Violations; penalties; administrative orders; injunctive relief. (a) Any violation
of this article, any rule promulgated under the authority of this article, any order issued
under the authority, or any term or condition of any permit issued under the authority of
this article is unlawful. In addition to any penalties lawfully assessed, any person committing
a violation shall be liable for all costs of abatement of any pollution and correction of
any public nuisance caused by the violation. (b) The department may issue administrative orders
under Section 22-22A-5 or initiate civil actions, or both, as it deems necessary against any
person in the enforcement of this article, or any regulation promulgated or permit issued
under the authority of this article. (c) In addition to any other remedies provided in this
article, the department or the health department may institute suit against any person for
a violation of law or, whenever a public nuisance is threatened or...
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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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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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9-16-74
Section 9-16-74 Surface Mining Commission - Powers. In addition to any other powers conferred
on it by law, the commission shall have the power to do all of the following: (1) Adopt, amend,
suspend, repeal, and enforce reasonably necessary rules and regulations, provided such rules
and regulations shall not be more stringent than those promulgated by federal law, or rule
or regulation, to control surface coal mining operations consistent with this article including
the declaration of public policy and legislative intent contained in Section 9-16-71. Such
rules and regulations may be for the state as a whole or may vary from area to area, as may
be appropriate to accomplish the policy and intent of this article and in order to take into
account varying local conditions. (2) Hold public hearings as may be specified by law relating
to any aspect or matter in the administration of this article and, in connection therewith,
administer oaths and compel the attendance of witnesses and the...
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5-18-12
Section 5-18-12 Promulgation of rules, regulations and orders by supervisor; furnishing of
certified copies of licenses, regulations or orders. (a) Rules, regulations, and orders. -
The supervisor shall have authority to make reasonable rules, regulations, and orders for
the administration and enforcement of this chapter, in addition hereto and not inconsistent
herewith. The regulation or order shall be referenced to the section or sections of the chapter
which set forth the legislative standard which it interprets or to which it applies. Every
regulation shall be promulgated by an order, and any ruling, demand, requirement or similar
administrative act may be promulgated by an order. Every order shall be in writing, shall
state its effective date and the date of its promulgation and shall be entered in an indexed
permanent book which shall be a public record. A copy of every order promulgating a regulation
and of every other order containing a requirement of general application shall...
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9-11-53
Section 9-11-53 Resident license - Freshwater fishing. (a) Any person who has been a bona fide
resident of this state for a period of not less than 90 days next preceding and who is age
16 or older, but who has not yet reached the age of 65, shall not take, catch, kill or attempt
to take, catch, or kill any fish in any of the waters of this state above that line defined
in Rule 220-2-.42 (1) of the Department of Conservation and Natural Resources as published
in the Alabama Administrative Code, as well as below that line in any of the ponds or lakes
containing freshwater fish, subject to the exceptions contained herein, by any means, except
designated commercial fishing gear and wire baskets, expressly allowed by law or regulation
without first procuring an annual resident freshwater fishing license and paying therefor
the sum of eleven dollars ($11), plus a one dollar ($1) issuance fee, which fees shall be
subject to adjustment as provided for in Section 9-11-68; provided, however,...
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9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
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22-30-19
Section 22-30-19 Penalties and remedies. (a) Whenever, on the basis of any information, the
department determines that any person is in violation of any requirement of this chapter,
any rule or regulation promulgated by the department or any permit issued under authority
granted by this chapter, the department may issue an order requiring compliance immediately
or within a specified time period, and, in cases where an imminent threat to human health
or the environment is demonstrated, suspend operations causing such threat until the department
determines that adequate steps are being taken to correct such violations. (b) Whenever, on
the basis of any information, the department determines that there is or has been a release
of hazardous waste into the environment from a facility authorized to operate under Section
22-30-12(i), the department may issue an order requiring corrective action or such other response
measure as it deems necessary to protect human health or the environment....
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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall violate
any of the provisions of this article declared to be unlawful or who shall fail or refuse
to perform any duty or requirement imposed by the provisions of this article, or who shall
violate any rule or regulation duly promulgated under this article or who shall sell or offer
for sale or distribute for sale any pesticide or device in violation of any of the requirements
of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as
now prescribed by law for such an offense. Fines imposed under this article shall be paid
into the Agricultural Fund of the State Treasury. (b) In addition to the penalty and other
enforcement remedies of this article and notwithstanding the existence of an adequate legal
remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown
and upon a hearing to grant a temporary restraining order or preliminary or...
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41-14A-7
Section 41-14A-7 Disciplinary actions against qualified public depositories for violations
of this chapter. (a) The board of directors shall have the authority to establish by rule
or regulation conditions and procedures under which qualified public depositories may be suspended
or disqualified and assessed administrative penalties in lieu of suspension or disqualification
for violations of this chapter or violations of the board's standards, rules, regulations,
and orders pursuant to this chapter. The State Treasurer shall have the authority to require
that qualified public depositories violating this chapter or any of the board's standards,
rules, regulations, and orders make restitution, with interest at the legal rate, for losses
of public depositors or to the Loss Payment Fund, and to issue cease and desist orders against
any qualified public depository violating or believed to be violating any provisions of this
chapter or any of the board of directors' or the State Treasurer's...
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