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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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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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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22-22A-4
Section 22-22A-4 Department of Environmental Management created; principal office; director;
deputy director; divisions and division chiefs; transfer of functions; designation as State
Environmental Control Agency, etc.; contract with Health Department for routine bacteriological
analyses. (a) There is hereby created and established the Alabama Department of Environmental
Management to carry out the purposes of this chapter and to administer and enforce the provisions
of this chapter and all functions transferred to the department by this chapter. The department
shall maintain its principal office in the City of Montgomery, Montgomery County, Alabama.
(b) The department shall be under the supervision and control of an officer who shall be designated
as the director of the Alabama Department of Environmental Management. The director shall
be an individual knowledgeable and experienced in environmental matters. The director shall
employ such officers, agents and employees as he deems...
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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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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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22-32-1
Section 22-32-1 Enactment of Southeast Interstate Low-Level Radioactive Waste Management Compact.
The Southeast Interstate Low-Level Radioactive Waste Management Compact is hereby enacted
into law and entered into by the State of Alabama with any and all states legally joining
therein in accordance with its terms, in the form substantially as follows: SOUTHEAST INTERSTATE
LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT Article I. Policy and Purpose There is hereby
created the Southeast Interstate Low-Level Radioactive Waste Management Compact. The party
states recognize and declare that each state is responsible for providing for the availability
of capacity either within or outside the state for the disposal of low-level radioactive waste
generated within its borders, except for waste generated as a result of defense activities
of the federal government or federal research and development activities. They also recognize
that the management of low-level radioactive waste is handled most...
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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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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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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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