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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section,
it is the intention of this chapter to occupy by preemption the field of air pollution control
within all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
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22-39-5
Section 22-39-5 Certification requirement; civil penalty. (a) The Alabama Department of Environmental
Management is hereby authorized to require any person, firm, or corporation who is the owner
or operator of any asbestos removal project for which notification is required pursuant to
the requirements of the Clean Air Act of the United States to insure that the personnel executing
the asbestos removal project are certified by the Safe-State Program, the accreditation agency
of the State of Alabama, which is authorized to accredit asbestos removal personnel. (b) Failure
of an owner or operator of any asbestos removal project for which notification is required
pursuant to the requirements of the Clean Air Act of the United States to comply with the
provisions of subsection (a) of this section may be subject to a civil penalty as prescribed
in the Alabama Environmental Act, Section 22-22A-5(18). (Acts 1989, No. 89-517, p. 1063, ยง5.)...
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22-25B-1
Section 22-25B-1 Definitions. For purposes of this chapter, the following terms shall have
the following meanings unless the context clearly indicates otherwise: (1) ADEM. The Alabama
Department of Environmental Management. (2) ADPH. The Alabama Department of Public Health.
(3) CERTIFICATE OF ECONOMIC VIABILITY. The certification by the commission of the financial
viability of a wastewater management entity's financial viability pursuant to this chapter.
(4) CLUSTER WASTEWATER SYSTEM. An integrated wastewater collection system or treatment system,
or both, or multiple systems serving a single development or contiguous developments, which
collectively have a design flow of 15,000 GPD or less, and is designed and permitted for discharge
of the treated wastewater to a subsurface distribution system, but excluding systems that
discharge directly to surface waters of the state. The system must be designed by and certified
by a licensed professional engineer to comply with design and permit...
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41-22-3
Section 41-22-3 Definitions. The following words and phrases when used in this chapter shall
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires: (1) AGENCY. Every board, bureau, commission, department, officer, or other administrative
office or unit of the state, including the Alabama Department of Environmental Management,
other than the Legislature and its agencies, the Alabama State Port Authority, the courts,
the Alabama Public Service Commission, or the State Banking Department, whose administrative
procedures are governed by Sections 5-2A-8 and 5-2A-9. The term does not include boards of
trustees of postsecondary institutions, boards of plans administered by public pension systems,
counties, municipalities, or any agencies of local governmental units, unless they are expressly
made subject to this chapter by general or special law. (2) COMMITTEE. The Joint Committee
on Administrative Rule Review, comprised of the members of...
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22-38-2
Section 22-38-2 Definitions. For the purposes of this chapter the following words and phrases
shall have the following meaning: (1) COMMITTEE. The Alabama State Soil and Water Conservation
Committee. (2) COST-SHARE FUNDS or COST-SHARE GRANTS. Any federal financial assistance for
landusers received by the department or other state agencies to support implementation of
agricultural nonpoint source pollution control. Such funds shall include federal match and
nonfederal match funds. (3) DEPARTMENT. The Alabama Department of Environmental Management.
(4) LANDUSER. Any person, individual, partnership, company, corporation or other legal entity
who qualifies for the receipt of cost-share funds from the Alabama state soil and water conservation
committee in accordance with all applicable rules, regulations or practices. (5) PLAN. The
state nonpoint source management program for the control of discharges of pollution from nonpoint
sources to waters of the state and for improving the quality of...
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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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22-22A-2
Section 22-22A-2 Legislative intent and purposes of chapter. The Legislature finds the resources
of the state must be managed in a manner compatible with the environment, and the health and
welfare of the citizens of the state. To respond to the needs of its environment and citizens,
the state must have a comprehensive and coordinated program of environmental management. It
is therefore the intent of the Legislature to improve the ability of the state to respond
in an efficient, comprehensive and coordinated manner to environmental problems, and thereby
assure for all citizens of the state a safe, healthful and productive environment. (1) To
this end an Alabama Department of Environmental Management is created by this chapter within
the Executive Branch of State Government in order to effect the grouping of state agencies
which have primary responsibility for administering environmental legislation into one department,
to promote economy and efficiency in the operation and management...
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22-40A-21
Section 22-40A-21 Scrap Tire Commission. (a) There is created the Scrap Tire Commission (STC)
to review the implementation of this chapter, including the scrap tire program, and recommend
changes to this chapter to the Legislature, as needed. The STC may promulgate regulations
to establish procedures for its operations. On September 1, 2003, the present monies received
under the existing Alabama Scrap Tire Study Commission (STSC) are transferred to the Scrap
Tire Fund created herein. (b) The Scrap Tire Commission shall be comprised of the following
individuals or their designees or a representative of each of the authorities listed below:
(1) The State Health Officer. (2) The Director of the Alabama Department of Environmental
Management. (3) The Alabama Department of Transportation. (4) The Association of County Commissions
of Alabama. (5) The Alabama Tire Dealers Association shall be represented by two members,
one of which shall be the president of the association. (6) The Rubber...
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9-6-7
Section 9-6-7 Advisory committee. Whenever the described area of operation shall include three
or more counties or portions thereof, there shall be created an advisory committee to consult
with and assist the authority. The advisory committee shall consist of one member from each
affected county who shall be a person of good moral character and a duly qualified elector
of the county he represents on the advisory committee, together with the Governor, the State
Health Officer, the Commissioner of Conservation and Natural Resources, the State Geologist,
the Director of the State Industrial Development Board, the Chairman of the Alabama Water
Improvement Commission, the President of the Alabama Wildlife Federation and the head of any
air pollution regulating body which might be created by the Legislature of this state, who
shall be members ex officio of the advisory committee. The Governor shall be the chairman
of the advisory committee, and he shall designate one of the appointive...
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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
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