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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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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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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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22-30A-5
Section 22-30A-5 Identification of inactive or abandoned sites and liable parties by director;
development and implementation of cleanup plan; public comment period; orders; notice and
hearing; payment and reimbursement of expenses; appeal; recovery of expenses by order or civil
action; penalties. (a) The director shall identify inactive or abandoned hazardous substance
sites, as defined herein, within the State of Alabama. Once identified the director shall
refer to the most current national priorities list ("NPL") of the United States
Environmental Protection Agency under the Comprehensive Environmental Response, Compensation
and Liability Act of 1980, ("CERCLA") 42 U.S.C. ยง9601 et seq. Any Alabama site
identified by the director that also appears on the NPL shall not be subject to this chapter,
except for the matching funds provision of Section 22-30A-3(c). (b) For all sites so identified
by the director, not appearing on the NPL, the director shall attempt to identify all...
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22-30A-3
Section 22-30A-3 Alabama Hazardous Substance Cleanup Fund established; appropriations. (a)
There is hereby established within the State Treasury a special revenue fund to be known as
the Alabama Hazardous Substance Cleanup Fund. All federal grants, state appropriations, penalties,
reimbursements and any other funds collected pursuant to this chapter are hereby appropriated
for the purposes provided for in this chapter and shall be deposited into said fund. Any funds
remaining in the Alabama Hazardous Substance Cleanup Fund at the end of any fiscal year shall
not revert to the General Fund but shall remain in said fund and is hereby reappropriated
until expended in accordance with the provisions of this chapter. (b) There is hereby appropriated
from the State General Fund for the fiscal year ending September 30, 1989, the amount of $100,000.00
for the start-up and administrative costs necessary to implement this chapter and for inactive
or abandoned hazardous substance site cleanup...
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22-30A-4
Section 22-30A-4 Powers of department; use of fund. (a) In relation or addition to the powers
set forth in this section and any other provisions of laws of this state, the department is
empowered, with regard to the regulation, control, or removal of hazardous substances as follows:
(1) To respond to, direct, or initiate cleanup of inactive or abandoned hazardous substance
sites; (2) To conduct or contract for professional technical data gathering and analysis and
damage assessment; (3) To conduct or contract for the removal or containment of hazardous
substances where there has been or is a potential for release, regardless of quantity or concentration;
and (4) Acting through the provisions of Sections 22-22A-5 and 22-22A-8 issue such rules and
regulations as are necessary to carry out the provisions of this chapter. (b) The fund shall
be available to the department for expenditures for the purpose of providing for the identification,
investigation, and for the containment and...
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11-89A-4
Section 11-89A-4 Incorporation procedure; contents, execution, and filing of certificate of
incorporation; notice to Secretary of State. (a) Within 40 days following the adoption of
an authorizing resolution (or, if there is more than one, the last adopted thereof), the applicants
shall proceed to incorporate an authority by filing for record in the office of the judge
of probate of the county in which the principal office of the authority is to be located a
certificate of incorporation which shall comply in form and substance with the requirements
of this section and which shall be in the form and executed in the manner provided in this
chapter and shall also be in the form theretofore approved by the governing body of each determining
subdivision. (b) The certificate of incorporation of the authority shall state: (1) The names
of the persons forming the authority, and that each of them is a duly qualified elector of
the determining subdivision (or, if there is more than one, at least...
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22-30E-4
Section 22-30E-4 Authority of the department to establish rules and regulations. (a) The department,
acting through the commission, may adopt, promulgate, modify, amend, and repeal rules and
regulations to implement and enforce this chapter as necessary to provide for the voluntary
assessment, cleanup, reuse, and redevelopment of qualifying properties. All rules and regulations
established pursuant to this chapter shall comply with applicable provisions of the Alabama
Administrative Procedure Act, Section 41-22-11. (b) The department's rules and regulations
shall include, at a minimum, the following: (1) Rules and regulations establishing cleanup
standards. (2) Rules and regulations governing procedures for placement of properties on and
removal of properties from the Voluntary Cleanup Properties Inventory required under the provisions
of Section 22-30E-11. (3) Rules and regulations governing procedures for the filing in the
deed records of the probate courts of appropriate notice upon...
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22-32-5
Section 22-32-5 Radiation Safety Fund; licensing and inspection fees; bond of contractor-leasor;
perpetual care fund; operating fund; compact commission fund; royalty fees; appropriation.
(a) There is hereby created a Radiation Safety Fund into which the State Treasurer shall deposit
the licensing, application, and inspection fee of the Radiation Control Agency. The Radiation
Control Agency is authorized to collect for deposit into the Radiation Safety Fund application,
licensing and inspection fees equal to 75 percent of those fees charged by the U.S. Nuclear
Regulatory Commission for issuing similar licenses. This authority applies only to the specific
licenses issued by the Radiation Control Agency. The funds available in the Radiation Safety
Fund are appropriated to the State Health Department for the purpose of Title 22, Chapter
14. The moneys in this fund may be carried over from one fiscal year to the next provided
that any unencumbered funds in excess of $100,000.00 on...
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11-89-4
Section 11-89-4 Filing of certificate of incorporation, copies of resolutions of governing
bodies, etc., with probate judge; contents and execution of certificate of incorporation;
notification of Secretary of State of recordation of certificate of incorporation by probate
judge. (a) Within 40 days following the adoption of an authorizing resolution or, in the event
an application was filed with more than one governing body within 40 days following the adoption
of an authorizing resolution by that governing body that was the last to adopt an authorizing
resolution, but if and only if each other governing body with whom such application was filed
has theretofore adopted an authorizing resolution, the applicants shall proceed to incorporate
a district by filing for record in the office of the judge of probate of the county in which
the principal office of the district is to be located, as specified in the certificate of
incorporation provided for in this section, a certificate of...
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