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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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22-30A-2
Section 22-30A-2 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) CLEANUP. All activities
including administrative activities related to the identification, investigation and evaluation
of hazardous substance sites and the removal of hazardous substances or other closure or containment
of hazardous substances and any subsequent monitoring of such sites. (2) COMMISSION. The Alabama
Environmental Management Commission as created by Section 22-22A-6. (3) DEPARTMENT. The Alabama
Department of Environmental Management as created by Section 22-22A-4. (4) DIRECTOR. The Director
of the Alabama Department of Environmental Management. (5) FUND. The Alabama Hazardous Substance
Cleanup Fund. (6) HAZARDOUS SUBSTANCE. Any substance defined as a hazardous substance pursuant
to 42 U.S.C. ยง9601(14) or listed as a hazardous waste pursuant to the Hazardous Wastes Management
Act, Section 22-30-1 et seq. and...
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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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22-30B-11
Section 22-30B-11 Record of hazardous waste or hazardous substances received for disposal;
maintenance of records; penalties. Any operator of a commercial site for the disposal of hazardous
waste or hazardous substances shall maintain written records of all such waste or substances
received for disposal at the site and all waste or substances disposed of at the site. Said
records shall contain the names and addresses of all persons, firms or corporations transporting
and delivering such waste or substances to said facility, and the names and locations of all
persons, firms or corporations from whence said waste or substance was produced or generated,
the quantity of waste or substance received by such commercial hazardous waste or hazardous
substance facility, and the date of delivery and such additional information as the Commissioner
of Revenue or Director of the Department of Environmental Management reasonably may require
for the proper administration and enforcement of the...
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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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22-30B-2
Section 22-30B-2 Operator fees. In addition to all other fees levied and collected prior to
September 30, 1992, beginning on June 1, 2013, there is hereby levied fees on waste received
for disposal to be paid by the operators of each commercial site for the disposal of hazardous
waste or hazardous substances as follows: (1) A base fee of five dollars fifty cents ($5.50)
per ton on all hazardous waste that is identified or listed under Section 3001 of the Resource
Conservation and Recovery Act of 1976 as amended (RCRA), and on polychlorinated biphenyl (PCB)
wastes received for disposal which is required to be disposed of in a chemical waste landfill
approved under the federal Toxic Substance Control Act (TSCA). (2) A fee of five dollars fifty
cents ($5.50) per ton on all other waste not subject to taxation in subdivision (1) and disposed
of at a commercial site for the disposal of hazardous waste and hazardous substances. Beginning
on August 31, 1993, any hazardous waste or hazardous...
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22-30B-2.1
Section 22-30B-2.1 Annual payments to counties; guaranteed amount; distribution of funds. (a)
There is hereby provided to all counties having less than 25,000 population and wherein on
April 17, 1990, a commercial site for the disposal of hazardous waste or hazardous substances
is located, an annual payment of two and one-half percent of the gross receipts generated
by Section 22-30B-2 as provided herein over those fees in existence on October 1, 1989. (b)
Any county identified in subsection (a) is hereby guaranteed an amount not to exceed the lesser
of $4,200,000.00 or 100 percent of the receipts to the state paid on wastes or substances
disposed of in the county. In determining whether a county is entitled to receive benefit
of all or any portion of the guarantee herein made, there shall be charged against such county
all receipts which it receives pursuant to this chapter and Alabama Act 83-480, 1983 Regular
Session, as amended, or other applicable local act. (c) Determination of...
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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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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this part,
unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY.
Wrecked or derelict property having no value other than nominal salvage value, if any, which
has been left abandoned and unprotected from the elements and shall include wrecked, inoperative,
or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing
machines, plumbing fixtures, and other similar articles which have no value other than nominal
salvage value, if any; and is in a condition violative of Alabama statutes. (2) ADMINISTRATIVE
DEPARTMENT. The department charged by the Mobile County Commission with the administrative
management of this part. (3) COMMISSION. The Mobile County Commission of Mobile County, Alabama.
(4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal
collection, processing, or disposal methods. (5) BUNDLE. A...
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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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