Code of Alabama

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22-30D-3
Section 22-30D-3 Definitions. Unless otherwise defined in this chapter, the definitions of
terms included in Section 22-30-3 shall be applicable to this chapter. For the purposes of
this chapter, the following terms have the following meanings: (1) ABANDONED DRYCLEANING FACILITY.
Any real property premises or individual leasehold space located in this state owned by any
person in which a drycleaning facility or wholesale distribution facility formerly operated;
provided, however, that any owner or operator or wholesale distributor who shall have elected
not to be covered by the provisions of this chapter shall not be considered a person owning
or leasing such a facility for the purposes of this chapter. (2) ADJACENT LAND OWNER. Any
owner, lessor, or mortgagee of any real property onto which contamination from a drycleaning
facility, abandoned drycleaning facility, or wholesale distribution facility of any owner
or operator or wholesale distributor who shall have elected to be covered...
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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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22-27-47
Section 22-27-47 Local plans required. (a) Each county and any municipality as described below
shall submit to the department, within one and one-half years of May 16, 1989, a plan for
the management of solid waste generated within its boundaries. A county's plan shall include
the municipal jurisdictions within its boundaries except that any municipality may choose
to submit its own solid waste management plan intended for implementation within its city
limits and thereby be excluded from its county plan. Cities which do not choose to exclude
themselves from their county's plan shall be responsible to share in the county's costs proportionately
on a per capita basis. The content of all plans shall be consistent with the requirements
of this article and every plan shall not become final until it has been officially adopted
and approved pursuant to the requirements of this article. In the event a county or city does
not submit a required plan or if said plan does not meet the minimum...
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22-30D-4
Section 22-30D-4 Election of coverage; administration of chapter; rules and regulations. (a)(1)
All owners and operators and all wholesale distributors shall elect by May 24, 2001, to be
covered or not to be covered by this chapter and shall do so by notifying the department in
writing that such owner or operator or wholesale distributor elects to be covered or not to
be covered by this chapter. Following May 24, 2001, any owner or operator or wholesale distributor
who may have initially elected not to be covered by this chapter or who may have inadvertently
failed to notify the department may notify the department that such owner or operator or wholesale
distributor has reconsidered and desires to be covered by the fund, but any such owner or
operator or wholesale distributor shall, with its notice of request for coverage, be required
to pay to the Department of Revenue the registration fees which would otherwise have been
due to the fund had such owner or operator or wholesale...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service. (a)
On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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22-30-17
Section 22-30-17 Manifest. (a) The department shall develop and, acting through the commission,
promulgate a manifest. (b) A manifest shall be required to accompany transportation, for off-site
storage, treatment or disposal of hazardous waste, provided, however, that regarding bulk
shipments by rail or water, a shipping paper may be substituted for the manifest if the shipping
paper meets the requirements set out in the rules and regulations promulgated under this chapter.
The manifest shall be originated by the hazardous waste generator and shall identify the hazardous
waste transported, the quantity of such waste, and such other information as the department
may require. (c) A copy of each complete manifest shall be forwarded monthly to the department
by owners or operators treating, storing or disposing of hazardous wastes received from off-site.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §17; Acts 1984, No. 84-50, p. 57, §1; Acts
1987, No. 87-807, p. 1590, §13.)...
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22-30-6
Section 22-30-6 State Department to regulate and supervise storage, disposal, etc., sites.
The operation of any and all sites for the storage, treatment or disposal of hazardous wastes
shall be under the direct regulation and supervision of the department and shall be in accordance
with rules and regulations promulgated and enforced by the department to protect human health
or the environment. (Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §6; Acts 1987, No. 87-807,
p. 1590, §5.)...
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22-30B-4.1
Section 22-30B-4.1 Levy of local fees. Nothing in this title or any other law shall prevent
any local law levying an additional fee to be paid by the operators of commercial sites for
the disposal of hazardous waste or hazardous substances. (Acts 1990, No. 90-326, p. 448, §9;
Act 2013-174, p. 325, §1; Act 2015-315, §1.)...
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22-32-4
Section 22-32-4 Authorization to operate site; users' charges; lease or contract for operation
and disposal of low-level radioactive wastes. (a) The Alabama Department of Energy is authorized
to operate a treatment, storage or disposal site for low-level radioactive wastes pursuant
to any license issued by the Radiation Control Agency. The Alabama Department of Energy is
authorized to charge each user of any licensed site within the state that user's proportionate
share of the costs for handling of the wastes. These costs shall be paid on the basis of a
fee per volume of wastes received at each site. Such fee shall be paid to the Department of
Energy and may include, but not be limited to costs of: (1) Operating fund (as hereinafter
provided for), including: labor and equipment, liability insurance, contingency costs, licensing
and inspection fees of the Radiation Control Agency for operation of the site; (2) Perpetual
cost fund costs (as hereinafter provided for); (3) Operating fund...
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22-30-9
Section 22-30-9 General responsibilities of State Department. The responsibilities of the department
include the following: (1) The department may adopt procedures for granting variances and
is empowered to grant such variances. (2) The department, acting through the commission, may
promulgate, and may revise when appropriate, rules and regulations and may enter into agreements
to ensure that information obtained by the department regarding facilities and sites for the
treatment, storage and disposal of hazardous waste is available to the public in substantially
the same manner, and to the same degree, as would be the case under the Federal Hazardous
Waste Management Program administered by the United States Environmental Protection Agency
under authority of the RCRA and shall establish procedures to ensure that trade secrets used
by any person regarding methods of hazardous wastes handling and disposal are utilized by
the department, or any authorized representative of the department,...
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