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22-28A-3
Section 22-28A-3 Regulations, commitments relating to reduction of greenhouse gases. (a) Effective
immediately, the Director of the Alabama Department of Environmental Management shall refrain
from proposing or promulgating any new regulations intended in whole or in part to reduce
emissions of greenhouse gases, as such gases are defined by the Kyoto Protocol, from the residential,
commercial, industrial, electric utility, or transportation sectors unless such reductions
are required under existing statutes. (b) In the absence of a resolution or other act of the
Legislature of the State of Alabama approving same, the Director of the Alabama Department
of Environmental Management shall not submit to the U.S. Environmental Protection Agency or
to any other agency of the federal government any legally enforceable commitments related
to the reduction of greenhouse gases, as such gases are defined by the Kyoto Protocol unless
such reductions are required under existing statutes. (Act...
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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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22-28A-2
Section 22-28A-2 Legislative findings. The Legislature of Alabama hereby finds as follows:
(1) The United States is a signatory to the 1992 United Nations Framework Convention on Global
Climate Change (FCCC). (2) The Kyoto Protocol to expand the scope of the FCCC was negotiated
in December 1997, in Kyoto, Japan, requiring the United States to reduce emissions of greenhouse
gases such as carbon dioxide and methane by seven percent from 1990 emission levels during
the period 2008 to 2012, with similar reduction obligations for other major industrial nations.
(3) Developing nations, including China, India, Mexico, Indonesia, and Brazil are exempt from
greenhouse gas emission limitation requirements in the FCCC. (4) Developing nations refused
in the Kyoto negotiations to accept any new commitments for greenhouse gas emission limitations
through the Kyoto Protocol or other agreements. (5) With respect to new commitments under
the FCCC, President Clinton pledged on October 22, 1997, that the...
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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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22-22A-6
Section 22-22A-6 Environmental Management Commission; powers and duties; composition; meetings;
compensation; expenses; ethical requirements. (a) There is hereby created a seven member Environmental
Management Commission of the Alabama Department of Environmental Management which shall have
the following duties: (1) To select a director for the Department of Environmental Management
and to advise the director on environmental matters which are within the department's scope
of authority; (2) To establish, adopt, promulgate, modify, repeal, and suspend any rules,
regulations, or environmental standards for the department which may be applicable to the
state as a whole or any of its geographical parts; (3) To develop environmental policy for
the state; and (4) To hear and determine appeals of administrative actions. (b) The Environmental
Management Commission shall be composed of seven members who are citizens of the State of
Alabama. Initial members of the commission shall be appointed...
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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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22-36-2
Section 22-36-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama
Department of Environmental Management. (3) DIRECTOR. The Director of the Alabama Department
of Environmental Management. (4) OPERATOR. Any person in control of, or having responsibility
for, the daily operation of an underground storage tank. (5) OWNER OF AN UNDERGROUND STORAGE
TANK: a. In the case of an underground storage tank in use on November 8, 1984 or brought
into use after that date, any person who owns an underground storage tank used for the storage,
use, or dispensing of regulated substances, and b. In the case of any underground storage
tank in use before November 8, 1984 but no longer in use on that date, the present owner of
the tank and any person who owned such tank immediately before the...
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22-30A-2
Section 22-30A-2 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) CLEANUP. All activities
including administrative activities related to the identification, investigation and evaluation
of hazardous substance sites and the removal of hazardous substances or other closure or containment
of hazardous substances and any subsequent monitoring of such sites. (2) COMMISSION. The Alabama
Environmental Management Commission as created by Section 22-22A-6. (3) DEPARTMENT. The Alabama
Department of Environmental Management as created by Section 22-22A-4. (4) DIRECTOR. The Director
of the Alabama Department of Environmental Management. (5) FUND. The Alabama Hazardous Substance
Cleanup Fund. (6) HAZARDOUS SUBSTANCE. Any substance defined as a hazardous substance pursuant
to 42 U.S.C. ยง9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management
Act, Section 22-30-1 et seq. and...
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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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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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