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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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22-30B-1.1
Section 22-30B-1.1 Legislative findings. The Legislature finds that: (1) The state is increasingly
becoming the nation's final burial ground for the disposal of hazardous wastes and materials;
(2) The volumes of hazardous wastes and substances disposed in the state have increased dramatically
for the past several years; (3) The existence of hazardous waste disposal activities in the
state poses unique and continuing problems for the state; (4) As the site for the ultimate
burial of hazardous wastes and substances, the state incurs a permanent risk to the health
of its people and the maintenance of its natural resources that is avoided by other states
which ship their wastes to Alabama for disposal; (5) The state also incurs other substantial
costs related to hazardous waste management including the costs of regulation of transportation,
spill cleanup and disposal of ever-increasing volumes of hazardous wastes and substances;
(6) Because all waste and substances disposed at commercial...
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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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22-30-3
Section 22-30-3 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMISSION. The Environmental
Management Commission of the Alabama Department of Environmental Management as created by
Section 22-22A-6. (2) DEPARTMENT. The Alabama Department of Environmental Management as created
by Section 22-22A-4. (3) DIRECTOR. The Director of the Alabama Department of Environmental
Management. (4) DISPOSAL. The discharge, deposit, injection, dumping, spilling, leaking or
placing of any hazardous waste into or on any land or water so that such hazardous waste or
any constituent thereof may enter the environment or be emitted into the air or discharged
into any waters, including ground waters. (5) HAZARDOUS WASTE. A solid waste, or combination
of solid wastes, which, because of its quantity, concentration or physical, chemical or infectious
characteristics may: a. Cause, or significantly contribute to,...
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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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22-30F-2
Section 22-30F-2 Legislative findings; purpose and intent of chapter; establishment of revolving
loan program for voluntary remediation of environmentally contaminated areas. (a) The Legislature
finds that rural and urban property in Alabama may have areas of contamination which may be
addressed via the Alabama Land Recycling and Economic Redevelopment Act, Sections 22-30E-1
through 22-30E-13. The Legislature further finds that encouraging the voluntary remediation
and redevelopment of such properties is in the public interest. (b) The Legislature finds
that industries and developers often give preference to previously unused greenfield sites
over previously used property due largely to concerns over the financial and environmental
liabilities which may be incurred in acquiring such previously used property for reuse and
redevelopment. The Legislature further finds that the appropriate reuse and redevelopment
of properties which are contaminated, or perceived to be contaminated is in...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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22-30E-2
Section 22-30E-2 Legislative findings; purpose and intent of chapter; establishment of voluntary
assessment and/or cleanup program for properties with potential environmental contamination.
(a) The Legislature finds that rural and urban property in Alabama may have areas of actual
or perceived contamination at levels that may not be subject to assessment or cleanup under
applicable laws and regulations. The Legislature finds that this perception of contamination
discourages the purchase and productive use of otherwise usable properties. The Legislature
further finds that the voluntary assessment and/or cleanup of such properties is in the public
interest. (b) The Legislature finds that industries and developers often give preference to
previously unused greenfield sites over previously used property due largely to concerns over
the financial and environmental liabilities which may be incurred in acquiring such previously
used property for reuse and redevelopment. The Legislature...
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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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22-30-5.1
Section 22-30-5.1 Restriction on number of commercial hazardous waste treatment facilities
or disposal sites per county; legislative approval of sites. (a) The term "hazardous
waste" shall mean the same as defined by Section 22-30-3(5). (b) Committee shall mean
the continuing Select Joint Nuclear Energy Activities and Hazardous Chemical Toxic Waste Oversight
Committee as created by Act No. 81-307, H.J.R. 254 (p. 392), as amended by Act No. 84-329,
S.J.R. 214 (pp. 754-755). (c) There shall be no more than one commercial hazardous waste treatment
facility or disposal site as defined by subdivisions (4) and (14) of Section 22-30-3 situated
within any one county of the state. Provided, however, no commercial hazardous waste treatment
or disposal site not in existence on or before December 31, 1988, shall be situated until:
(1) a written proposal or application addressing the items found in subdivisions (d)(1) through
(d)(7) of this section is submitted by the applicant wishing to construct...
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