Code of Alabama

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22-30B-2.2
Section 22-30B-2.2 Pledge and appropriation of funds for Public Health Finance Authority. For
the purpose of providing funds, not to exceed $4,500,000.00 during any fiscal year of the
state, for the Alabama Public Health Finance Authority to pay at their respective maturities
the principal of premiums, if any, and interest on any bonds issued by it under the provisions
of Sections 22-3A-1 to 22-3A-24, inclusive, there is hereby irrevocably pledged for said above
purpose and hereby appropriated the annual amount necessary, not to exceed $4,500,000.00 during
any fiscal year of the state, from the first receipts after payment of any guarantees in Section
22-30B-2.1 of the fees that are levied on the disposal of waste, hazardous waste or hazardous
substances pursuant to this act and that were not theretofore appropriated and paid into the
General Fund of the State of Alabama (i.e., the amount resulting from the additional fee of
$72.00 per ton for all waste or substances disposed of at...
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22-30-4
Section 22-30-4 Regulatory and investigative authority; monitoring of commercial sites for
hazardous wastes; fees; hearings and investigations. (a) The department has exclusive regulatory
authority over all hazardous waste generation, transportation, storage, treatment and disposal
and other management practices in the state, and shall, from time to time, investigate and
monitor sources of generation, transportation, storage, treatment and disposal of hazardous
waste. However, nothing in this chapter shall be construed to limit the authority of the Alabama
Department of Public Health to regulate wastes containing radioactive materials under Chapter
14 of this title. (b) In exercising such exclusive authority, the department shall provide
sufficient personnel with training in hazardous waste management and a minimum of a bachelor's
degree in the sciences or engineering to comprehensively monitor all commercial sites for
the disposal of hazardous wastes. Such personnel shall be hired by...
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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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22-30B-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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22-30B-2.4
Section 22-30B-2.4 Restrictions on disposal of hazardous waste; exceptions. No commercial site
for the disposal of hazardous waste and hazardous substances shall during any calendar year
receive and dispose of more than 600,000 tons of waste that cannot be legally disposed of
in a solid waste landfill permitted under Subtitle D of RCRA 42 U.S.C. ยง6941. Provided, however,
that the Environmental Management Commission or its designee may allow the disposal of hazardous
wastes in excess of the 600,000 ton annual limitation of volume imposed in this section if
such action is determined by the Environmental Management Commission or its designee to be
necessary to protect human health or the environment in the state. Provided further, if the
commission determines that public awareness of environmental matters may be enhanced by special
events or if amnesty or similar programs will promote the protection of human health and the
environment of Alabama, then it may exempt any wastes so...
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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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22-27-3
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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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission, is authorized
to promulgate a permit program for hazardous waste management practices and, acting through
the commission, to promulgate criteria for issuing permits and rules identifying procedures
for obtaining permits. (b) Except as provided by this subsection or subsections (i) and (j)
of this section, no person shall engage in the transportation, treatment, storage or disposal
of hazardous waste without having applied for and obtained a permit from the department issued
under authority of this section. The department, acting through the commission, may promulgate
rules which exempt certain hazardous waste management practices from the requirement to obtain
a permit under this section. (c) Unless specifically exempted from regulation by this chapter
or rules promulgated under authority of this chapter, no person may commence or continue construction
or operation of any hazardous waste treatment,...
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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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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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