Code of Alabama

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35-19-2
Section 35-19-2 Definitions. The following terms shall have the following meanings: (1) ACTIVITY
AND USE LIMITATIONS. Restrictions or obligations created under this chapter with respect to
real property. (2) AGENCY or DEPARTMENT. The Alabama Department of Environmental Management.
(3) COMMON INTEREST COMMUNITY. A condominium, cooperative, or other real property with respect
to which a person, by virtue of the person's ownership of a parcel of real property, is obligated
to pay property taxes or insurance premiums, or for maintenance, or improvement of other real
property described in a recorded covenant that creates the common interest community. (4)
DIRECTOR. The Director of the Alabama Department of Environmental Management or his or her
designated representative. (5) ENVIRONMENTAL COVENANT. A servitude arising under an environmental
response project that imposes activity and use limitations. (6) ENVIRONMENTAL RESPONSE PROJECT.
A plan or work performed for environmental remediation...
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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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22-32-4
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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22-27-90
Section 22-27-90 Definitions. When used herein the following terms shall have the following
meanings: (1) COMMERCIAL ESTABLISHMENT. Any food service establishment, retail food store,
limited food service establishment, limited retail food store, food processing establishment,
or other place of business where food is prepared or sold or offered for sale, or any establishment
that slaughters, fabricates, bones or processes animals, poultry, or fish, whether or not
required by law to be licensed or permitted by an agency of the State of Alabama. (2) DEPARTMENT.
The Alabama Department of Environmental Management as established by Section 22-22A-4. (3)
DISPOSE. To discard or carry away, whether personally or by and through a contractor, and
whether for the purposes of recycling, reuse, or reprocessing or for ultimate elimination.
(4) INEDIBLE ANIMAL BY-PRODUCT. Any bone, fat, offal, carcass, blood, skin, hide, tallow,
lard, feather, horn, hoof, or any other solid by-product derived from any...
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22-22A-3
Section 22-22A-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context or by legislation governing
functions transferred by this chapter, shall have the following meanings: (1) DEPARTMENT.
The Alabama Department of Environmental Management, established by this chapter. (2) DIRECTOR.
The director of the Alabama Department of Environmental Management. (3) DIVISION. A subdivision
of the Alabama Department of Environmental Management, which may be headed by a division chief.
Such divisions may be divided into sections where appropriate. (4) ENVIRONMENTAL MANAGEMENT
COMMISSION. The Environmental Management Commission of the Alabama Department of Environmental
Management. (5) FUNCTION(S). A duty, power or program exercised by or assigned to a commission,
board or the State Health Department, including all positions and personnel relating to the
performance of such function, unless otherwise provided by...
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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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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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22-30F-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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11-54-88
Section 11-54-88 Additional powers as to pollution control facilities. (a)(1) In addition to
all other powers at any time conferred on them by law, each industrial development board shall
have the following powers: a. To acquire, whether by construction, purchase, exchange, gift,
lease, or otherwise and to enlarge, improve, replace, equip, and maintain one or more pollution
control facilities, including all real and personal properties deemed necessary or desirable
in connection therewith, including the sale and issuance of bonds for any of the said purposes;
b. To lease to others and otherwise dispose of all or any portion of any pollution control
facility; and c. To exercise with respect to any pollution control facility and each part
thereof any and all powers that are conferred on industrial development boards by other provisions
of this division. Each pollution control facility so acquired by any industrial development
board may be a part of another project or may constitute a...
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22-30A-8
Section 22-30A-8 Liability for hazardous substance sites; action by department or Attorney
General to recover expenses; administrative order or civil action; for what costs fund may
be reimbursed; contributions among liable parties; declaratory judgment action to determine
apportionment. (a) Liable parties shall be liable to the state for amounts expended for the
investigation, identification, containment and cleanup of hazardous substance sites, including
the cost of post-cleanup monitoring and maintenance of such sites. (b) The department or the
Attorney General shall act to recover for the fund the reasonable and necessary amounts expended
for the investigation, identification, containment, cleanup, monitoring and maintenance of
inactive or abandoned hazardous substance sites to the extent the department or the Attorney
General can attribute these expenditures to liable parties as set out herein. Recovery of
these expenditures by the department or the Attorney General can be either...
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