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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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22-23-31
Section 22-23-31 Definitions. When used in this article and except where the context prohibits,
the following words and terms shall have the following meanings: (1) FEDERAL ACT. The Federal
Safe Drinking Water Act, being Public Law 93-523. (2) ADMINISTRATOR. The Administrator of
the United States Environmental Protection Agency. (3) NATIONAL PRIMARY DRINKING WATER REGULATIONS.
Primary drinking water regulations promulgated by the administrator pursuant to the federal
act. (4) FEDERAL AGENCY. Any department, agency or instrumentality of the government of the
United States, the regulation of which has been delegated to the State of Alabama pursuant
to the federal act. (5) BOARD. The Alabama Department of Environmental Management. (6) HEALTH
OFFICER. The Director of the Alabama Department of Environmental Management. (7) LOCAL GOVERNMENTAL
UNIT. Any community, town, city, county, board, authority, nonprofit corporation or other
unit of government created by the Legislature. (8) PERSON....
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34-2A-1
Section 34-2A-1 Definitions. For purposes of this chapter, the following terms shall have the
following meanings: (1) ASSISTED LIVING ADMINISTRATOR. Any individual who is charged with
the general administration of an assisted living facility or a speciality care assisted living
facility, whether or not the individual has an ownership interest in the facility, and whether
or not his or her functions and duties are shared with one or more other individuals. (2)
ASSISTED LIVING FACILITY. Any facility, including both assisted living facilities and speciality
care assisted living facilities, that is defined as such for licensing purposes pursuant to
Section 22-21-20. For purposes of this chapter, the term "assisted living facility"
shall not include family assisted living facilities as the term is defined in the rules and
regulations promulgated by the Department of Public Health. (3) BOARD. The Board of Examiners
of Assisted Living Administrators of the State of Alabama. (4) EXECUTIVE...
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9-7-13
Section 9-7-13 Activities deemed permissible uses within coastal area; determination of additional
permissible uses. (a) The Legislature of Alabama finds that the following activities shall
constitute permissible uses within the coastal area: (1) The accomplishment of emergency decrees
of any duly appointed health officer of a county or municipality or of the state acting to
protect the public health and safety; (2) The conservation, repletion and research activities
of the Marine Environmental Sciences Consortium, the Marine Resources Division of the Department
of Conservation and Natural Resources and the Mississippi-Alabama Sea Grant Consortium; (3)
The exercise of riparian rights by the owner of the riparian rights; provided, that the construction
and maintenance of piers, boathouses and similar structures shall be on pilings that permit
a reasonably unobstructed ebb and flow of the tide; (4) The normal maintenance and repair
of bulkheads, piers, roads and highways existing on the...
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22-27-90
Section 22-27-90 Definitions. When used herein the following terms shall have the following
meanings: (1) COMMERCIAL ESTABLISHMENT. Any food service establishment, retail food store,
limited food service establishment, limited retail food store, food processing establishment,
or other place of business where food is prepared or sold or offered for sale, or any establishment
that slaughters, fabricates, bones or processes animals, poultry, or fish, whether or not
required by law to be licensed or permitted by an agency of the State of Alabama. (2) DEPARTMENT.
The Alabama Department of Environmental Management as established by Section 22-22A-4. (3)
DISPOSE. To discard or carry away, whether personally or by and through a contractor, and
whether for the purposes of recycling, reuse, or reprocessing or for ultimate elimination.
(4) INEDIBLE ANIMAL BY-PRODUCT. Any bone, fat, offal, carcass, blood, skin, hide, tallow,
lard, feather, horn, hoof, or any other solid by-product derived from any...
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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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22-51-11
Section 22-51-11 Powers of corporation. Any corporation organized pursuant to the provisions
of this chapter, is hereby authorized and empowered to exercise the following powers in addition
to others granted in this chapter: (1) To construct and maintain facilities as defined in
Section 22-51-4; (2) To cooperate and contract with the State Board of Health for the construction
of such facilities; (3) To cooperate and contract with the Alabama Department of Mental Health
for the construction, operation and maintenance of such facilities and for the operation and
execution of such programs as it has elected to implement; (4) To take over by purchase, lease
or otherwise any hospital or other facilities to be used for carrying out such programs as
it has elected to implement; (5) To arrange with any appropriate local or state agencies for
the opening or closing of streets, roadways, alleys or other rights-of-way or easements and
to exercise the power of eminent domain; (6) To purchase,...
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22-51-3
Section 22-51-3 Incorporation of public corporations - Application - Contents. The said natural
persons, referred to in Section 22-51-2, shall file a written application with each governing
body from which they desire authority to incorporate. Such applications shall: (1) Describe
in general terms the area of the state which will be served by the proposed facilities, which
description will be sufficient if stated with reference to counties, municipalities, unincorporated
communities or any part or combination thereof; (2) State the location of the principal office
of the proposed corporation; (3) Submit such documents or evidence which the incorporators
may consider appropriate, which shall include documents from the Alabama Department of Mental
Health and the State Board of Health showing that the facilities and programs, which the incorporators
propose to establish will be in accordance with minimum standards and criteria established
by such boards; (4) State which aspects of the...
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22-52-12.1
Section 22-52-12.1 Designated mental health facilities; standards of care. (a) The department
shall designate certain mental health facilities that shall have the authority to receive
respondents for evaluation, admission, detention, treatment and discharge pursuant to the
provisions of this chapter. (b) The department shall establish standards of care and services
to be rendered by each designated mental health facility and shall certify those facilities
designated to provide evaluation, admission, detention, treatment and discharge. (c) The probate
judges of the State of Alabama may commit respondents, who meet the criteria for involuntary
commitment, to a designated mental health facility. Provided, however, that such designated
mental health facility shall not be required to accept a committed respondent if they are
unable to provide proper services and treatment. (d) The designated mental health facilities
shall have the authority to contract with public or private mental health...
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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY
AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to
real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management.
(3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property with respect
to which a person, by virtue of the person's ownership of a parcel of real property, is obligated
to pay property taxes or insurance premiums, or for maintenance, or improvement of other real
property described in a recorded covenant that creates the common interest community. (4)
DIRECTOR. The Director of the Alabama Department of Environmental Management or his or her
designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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