Code of Alabama

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22-27-49
Section 22-27-49 Moratorium on issuance of permits. (a) For the purpose of evaluating solid
waste management problems facing the state and to allow for the development of comprehensive
plans to identify and provide for the state's solid waste management needs, there is hereby
imposed a moratorium on the issuance by the Department of Environmental Management of any
new or modified permits or transfers of existing permits for solid waste management facilities
which receive or are intended to receive wastes not generated by the permittee. Said moratorium
shall not apply to industrial landfills receiving waste generated in state only by the permittee.
Modifications for the limited purposes of changing liner and leachate collection design, changes
in waste streams from within the facility's designated service area, changes in sequence of
fill, and changes to incorporate new technology, or changes intended to bring a facility into
compliance with statutes and regulations are specifically...
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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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22-27-48
Section 22-27-48 Implementation of plans. (a) In addition to any regulatory bodies, the governing
body of a county or municipality has a responsibility for and the authority to assure the
proper management of solid wastes generated within its jurisdiction in accord with its solid
waste management plan. A governing body may assign territories and approve or disapprove disposal
sites in its jurisdiction in accord with the plan approved for its jurisdiction. Such approval
or disapproval of services or activities described in the local plan shall be in addition
to any other approvals required from other regulatory authorities and shall be made prior
to any other approvals necessary for the provision of such services, the development of a
proposed facility or the modification of permits for existing facilities. (b) The department
may not consider an application for a new facility unless the application has received approval
pursuant to Section 22-27-48.1 by the affected local governing...
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22-27-45
Section 22-27-45 State Solid Waste Management Plan. The Director of the Alabama Department
of Environmental Management, with the advice and consultation of the Solid Waste Management
Advisory Committee, is directed to prepare a State Solid Waste Management Plan. In developing
the state plan, the department will seek to achieve the following goals: (1) That solid waste
facilities and management systems are provided for in an orderly manner consistent with the
needs and plans of the state and its regions and local governments; (2) That alternative methods
of solid waste management are encouraged as a means of reducing the state's dependence on
landfilling; (3) That all aspects of local, regional and state planning, zoning, population
estimates, and economics are taken into consideration; and (4) That appropriate time schedules
are set for the phasing in of the required component parts of the system. Said plan shall
be developed in two phases: a. The first phase of the plan shall be...
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22-27-47
Section 22-27-47 Local plans required. (a) Each county and any municipality as described below
shall submit to the department, within one and one-half years of May 16, 1989, a plan for
the management of solid waste generated within its boundaries. A county's plan shall include
the municipal jurisdictions within its boundaries except that any municipality may choose
to submit its own solid waste management plan intended for implementation within its city
limits and thereby be excluded from its county plan. Cities which do not choose to exclude
themselves from their county's plan shall be responsible to share in the county's costs proportionately
on a per capita basis. The content of all plans shall be consistent with the requirements
of this article and every plan shall not become final until it has been officially adopted
and approved pursuant to the requirements of this article. In the event a county or city does
not submit a required plan or if said plan does not meet the minimum...
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22-30-16
Section 22-30-16 Responsibilities of hazardous waste storage and treatment facility and hazardous
waste disposal site operators. (a) The department, acting through the commission, is authorized
to promulgate rules and regulations establishing such standards, applicable to owners and
operators of hazardous waste treatment, storage or disposal facilities as may be necessary
to protect human health or the environment. In establishing such standards, the department
may, where appropriate, distinguish in such standards between requirements appropriate for
new facilities and for facilities in existence on the date of promulgation of such regulations.
Such standards shall include but not be limited to the following: (1) Unless exempted from
regulation by this chapter or rules promulgated under authority of this chapter, obtaining
a permit from the department or interim status for each treatment, storage or disposal facility;
(2) Assuring that all hazardous wastes are stored, treated or...
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22-27-40
Section 22-27-40 Legislative findings. The Legislature finds that: (1) The state, its subdivisions
and the nation face an emerging crisis in solid waste management; (2) Proper waste management
is an increasingly complex issue involving the need for reducing the volumes of waste requiring
disposal, properly managing wastes to reduce the likelihood of both short-term and long-term
threat to human health and the environment, and assuring that adequate, environmentally secure,
waste management and disposal facilities will be available at reasonable costs to accommodate
wastes generated in the state; (3) Provision for necessary systems, facilities, technology
and services for solid waste management and resource recovery is a matter of important public
interest and concern, and action taken in this regard will be for a public purpose and will
benefit the public welfare; (4) Solid waste management problems are potentially statewide
in scope and necessitate state and local action through the...
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22-27-12
Section 22-27-12 Powers of department. The department may do the following: (1) Adopt rules
to implement this article. (2) Adopt rules establishing requirements and restrictions for
the management of solid waste, excluding the collection and transportation of nonhazardous
and nonmedical solid waste. The rules may include factors such as the characteristics of the
solid waste, the potential for contamination of soils or ground and surface waters, the design
and operation of management facilities, the financial capabilities of the applicant, soil
and geological considerations, human health, and other environmental considerations. With
respect to solid waste disposal or materials recovery facilities, the rules may also include
factors such as the quantity, nature, and origin of solid wastes and recovered materials to
be managed. The department may condition the issuance of a permit for any solid waste management
or materials recovery facility upon the facility being consistent with...
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45-49-252.05
Section 45-49-252.05 Solid waste management permits. Permits required under Section 45-49-252.03
shall be issued in the following manner: (1) Any person desiring to obtain a permit shall
file an application for a permit with the director on application forms provided by the director
and shall accompany such application with: a. Name and address of the applicant, showing its
legal identity (individual, partnership, corporation, etc.). b. The business address of the
applicant. c. An inventory of all motorized equipment or other equipment to be used in such
collection, transportation, or disposal. d. The methods of storage, transport, and processing
to be used. e. The location and type of processing or disposal, or both, contemplated. f.
The types and amounts of wastes to be covered by permit, including a description of the project
or process generating wastes. g. The route or routes to be used in transporting and schedules
used. h. Issuance of county permits shall not relieve applicants...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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