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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22-27-7
Section 22-27-7 Supervision and regulatory control; rules and regulations; penalty for violation
of article. With regard to the collection of solid wastes, the Health Department shall exercise
such supervision over equipment, methodology and personnel in the management of solid wastes
as may be necessary to enforce sanitary requirements, and the state and county boards of health
may adopt such rules and regulations as may be needed to specify methodology and procedures
to meet the requirements of this article. With regard to the disposal of solid wastes, the
department shall exercise such regulatory control over the management of solid wastes as may
be necessary to enforce the requirements of the department, and the department may adopt such
rules and regulations as may be needed to meet the requirements of this article. Any person
violating any provision of this article or any rule or regulation made pursuant to this article
shall be guilty of a misdemeanor and, upon conviction, shall...
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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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45-36-250.01
Section 45-36-250.01 Reimbursement of surplus funds. (a) Notwithstanding any other law to the
contrary, the Jackson County Commission may reimburse the Jackson County General Fund for
all payments made from the general fund for, or related to, the operation of the Jackson County
Solid Waste Program. Funds used for a reimbursement by the county commission shall be derived
from surplus funds over the operating costs of the Jackson County Solid Waste Program as determined
by standard government fund accounting principles. (b) The county commission may receive a
reasonable administrative fee payable to the Jackson County General Fund by a transfer of
funds from the Solid Waste Fund in an amount up to five percent of the gross revenue generated
by the Jackson County Solid Waste Program on an annual basis in order to reimburse the county
general fund for expenses related to the administration of the solid waste program and fund.
(Act 2014-311, p. 1113, ยง2.)...
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11-89A-13
Section 11-89A-13 Freedom of authority from supervision and control of state; applicability
of Article 1 of Chapter 27 of Title 22. (a) This chapter is intended to aid the state through
the furtherance of the purposes of the chapter by providing appropriate and independent instrumentalities
with full and adequate powers to fulfill their functions. Except as expressly provided in
this chapter, no proceeding, notice, or approval shall be required for the incorporation of
any authority or the amendment of its certificate of incorporation, the purchase of any note
or other instrument secured by a mortgage, deed of trust, note, or other security interest,
the issuance of any bonds, the execution of any mortgage and deed of trust or trust indenture,
or the exercise of any other of its powers by an authority. Neither a public hearing nor the
consent of the State Department of Finance or any other department, agency, bureau, board,
or corporation of the state shall be prerequisite to the...
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16-13B-2
Section 16-13B-2 Exceptions to competitive bidding requirements. (a) Competitive bids shall
not be required for utility services for county or city boards of education, the rates for
which are fixed by law, regulation, or ordinance, and the competitive bidding requirements
of this chapter shall not apply to: (1) The purchase of insurance. (2) Contracts for securing
services of attorneys, physicians, architects, teachers, superintendents of construction,
artists, appraisers, engineers, consultants, certified public accountants, public accountants,
or other individuals possessing a high degree of professional skill where the personality
of the individual plays a decisive part. (3) Contracts of employment in the regular civil
service. (4) Contracts for fiscal or financial advice or services. (5) Purchases of products
made or manufactured by the blind or visually handicapped under the direction or supervision
of the Alabama Institute for Deaf and Blind in accordance with Sections 21-2-1 to...
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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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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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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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22-27-22
Section 22-27-22 Authority of counties to issue and sell warrants; full faith and credit of
county pledged to payment; restrictions on use of proceeds. Each county shall have the power
from time to time to sell and issue interest-bearing warrants of such county for the purpose
of paying costs to that county of acquiring and providing solid wastes collection and disposal
facilities. Such warrants may be in such denomination or denominations, may have such maturity
or maturities not exceeding 30 years from their date, may bear interest from their date at
such rate or rates payable at such times, may be payable at such place or places within or
without the state, may be sold at such time or times and in such manner, whether publicly
or privately, may be executed in such manner and may contain such terms not in conflict with
the provisions of this article, all as the county commission of such county may provide in
the proceedings wherein the warrants are authorized to be issued. All such...
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