Code of Alabama

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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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45-49-252.04
Section 45-49-252.04 Certificates of need. Certificates of need as required by Section 45-49-252.03
may be obtained for the management of solid waste in the following manner: (1) An applicant
for a certificate of need for a solid waste management activity or facility shall petition
the Mobile County Commission to deter- mine the need of such requested service by the applicant.
The applicant shall provide the commission with the following information as applicable: a.
A statement of purpose and need for the activity, service, or facility. b. A statement of
funding sources. c. A statement of financial resources of the applicant. d. A statement of
the cost of operation. e. A statement of existing facilities or services available. f. Any
other information requested by the commission. g. Information described in paragraphs b.,
c., and d. shall not be required from persons desiring certificates of need to provide nonresidential
solid waste management activities, services, or facilities. (2)...
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45-49-252.06
Section 45-49-252.06 Collection of solid waste. (a)(1) Only county franchised collectors possessing
valid permits shall engage in the business of providing solid waste management services to
residential property within the county. Fees for such service shall be established by resolution
or ordinance of the Mobile County Commission, consistent with the provisions of franchise
agreements. Upon May 3, 1988, any proposed increase in fees charged shall be reviewed and
approved in the following manner: a. A franchised residential collector shall provide notice
in a newspaper of general circulation in Mobile County that the collector will apply in writing
to the solid waste management advisory board for an increase in fees charged, including the
amount of the proposed fee increase, at least three weeks prior to the giving of such written
application. b. The collector, not less than 10 days thereafter, shall provide the written
request for the fee increase to the advisory board. c. The board...
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22-22B-1
Section 22-22B-1 Legislative findings. The Legislature finds that: (1) The state faces a looming
crisis in solid waste management related to the ever-increasing volumes of waste intended
for disposal; (2) The solid wastes presently disposed of in the state contain substantial
volumes of materials which are capable of recovery and reuse if recycling programs are developed
and implemented within the state; (3) The failure to recover and recycle materials from solid
waste results in the unnecessary waste and depletion of natural resources; (4) The state government,
through its departments and agencies, generates substantial amounts of solid wastes which
could be recovered through a coordinated recycling program; (5) A recycling program by state
departments and agencies would serve to demonstrate to local governments and private businesses
the practical benefits of and proper techniques for implementing such a program; and (6) An
effective recycling program within state government should...
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45-43-170.03
Section 45-43-170.03 Solid waste disposal - Definitions. As used in this article, the following
words shall have the following meanings respectively ascribed to them unless the context clearly
indicates otherwise: (1) BURNING. No garbage or rubbish containing garbage or other putrescible
materials or hazardous wastes shall be burned except in approved incinerators meeting the
regulations of the Alabama Department of Environmental Management requirements and air pollution
controls as now established or as may later be established. The open burning of rubbish shall
be permitted only under sharply controlled circumstances where sanitary landfill or landfill
is not feasible and not in proximity to sanitary landfill or landfill operations where spread
of fire to these operations may be a hazard in the opinion of the department. (2) DEPARTMENT.
Alabama Department of Environmental Management. (3) EXCEPTION. A person, household, business,
industry, or any property owner may store, haul, and...
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45-43-170.04
Section 45-43-170.04 Solid waste disposal - Fees; public nuisances. (a) The Lowndes County
Commission shall by resolution provide for the orderly collection of fees charged under this
article. The county commission may establish a periodic payment system and is authorized to
purchase necessary supplies and materials and employ personnel necessary to effectuate any
such periodic payment system. Such periodic payment system may be effected by the county by
negotiating with any one or more public or private utilities providing service in the county
for the periodic billing of such fees and the collection thereof on behalf of the county by
one or more such utilities. Any delinquencies in any such payments shall entitle the county
to pursue any remedy provided in this article including the enforcement of any lien obtained
hereunder. The county may agree to pay reasonable compensation to any such utility for its
services in connection with the collection and payment to the county of all such...
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22-13A-5
Section 22-13A-5 Needs assessment; list of services and providers. (a) The department shall
conduct a needs assessment to identify any or all of the following: (1) Research being conducted
within the state. (2) Available technical assistance and educational materials and programs
nationwide. (3) The level of public and professional awareness about osteoporosis. (4) The
needs of osteoporosis patients, their families, and caregivers. (5) Needs of health care providers,
including physicians, nurses, managed care organizations, and other health care providers.
(6) The services available to the osteoporosis patient. (7) Existence of osteoporosis treatment
programs. (8) Existence of osteoporosis support groups. (9) Existence of rehabilitation services.
(10) The number and location of bone density testing equipment. (b) Based on the needs assessment,
the department shall develop and maintain a list of osteoporosis-related services and osteoporosis
health care providers with specialization in...
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45-49-252.09
Section 45-49-252.09 Disposal of waste. (a) All solid waste in Mobile County shall be disposed
of in accordance with this code and this part. No solid waste shall be disposed of except
in approved disposal facilities operated by the county or by persons possessing valid permits
and certificates of need issued according to this part. However, solid waste material may
be used for construction site fill with the approval of the Mobile County Building Inspector.
The approval shall be in writing. (b) Any producer of hazardous or infectious waste shall
possess a permit for handling or managing solid waste issued in accordance with Section 45-49-252.05.
This permit shall specify all management techniques to be used in connection with such solid
waste. Under no circumstances shall untreated hazardous or infectious wastes be disposed of
at disposal facilities not specifically permitted to dispose of such wastes. (c) Builders,
building contractors, and privately employed tree trimmers and tree...
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45-49-252.01
Section 45-49-252.01 Powers and duties of administrative department. (a) The director, or his
or her duly appointed designee, shall be responsible for the administrative management of
this part. (b) The director shall provide for a solid waste management system consistent with
this part, consisting of storage, collection, transport, processing, separation, recovery,
and disposal. (c) The solid waste management system must be submitted to the Mobile County
Commission of Mobile County, Alabama, for review and approval or rejection. (Act 81-450, p.
773, §2.)...
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45-49-252.12
Section 45-49-252.12 Responsibility of generator. Any person who generates solid waste within
the county shall also be responsible for insuring that such solid waste is managed in accordance
with the terms and provisions of this part, and may be required by the director to show to
the satisfaction of the director that such management is being done. If an object of solid
waste is discovered upon any property except property designated for use as a solid waste
management facility pursuant to Section 45-49-252.04 in violation of this part, and if that
object bears a person's name or photographic likeness; it shall be prima facie evidence that
the person whose name or likeness appears on the object threw, dumped, deposited, or caused
it to be thrown, dumped, or deposited there in violation of this part. (Act 81-450, p. 773,
§13.)...
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