22-30-11
Section 22-30-11 Adoption of regulations, guidelines, criteria and standards by State Department; states from which hazardous wastes cannot be accepted; penalty; contracts to satisfy federal capacity assurance programs limited. (a) The department, acting through the commission, is authorized to promulgate, and may revise when appropriate, rules and regulations, guidelines, criteria and standards for all hazardous waste management practices. (b) It is unlawful for any person who owns or operates a commercial hazardous waste treatment or disposal facility within this state to dispose or treat any hazardous wastes generated in any state outside the State of Alabama which: (1) Prohibits by law or regulation the treatment or disposal of hazardous wastes within that state and which has no facility permitted or existing within that state for the treatment or disposal of hazardous wastes; or (2) Has no facility permitted or existing within that state for the treatment or disposal of hazardous...
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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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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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22-27-9
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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22-30-20
Section 22-30-20 Administration of chapter. To carry out the provisions and purposes of this chapter, the department is authorized and empowered to: (1) Perform any and all acts necessary to carry out the purposes and requirements of this chapter relating to the promulgation and enforcement of criteria, standards, rules and regulations; (2) Administer and enforce the provisions of this chapter and all rules and regulations and orders promulgated or issued hereunder; (3) Enter into agreements, contracts or cooperative arrangements, under such terms and conditions as the department deems appropriate, with other state, federal or interstate agencies, local government units, political subdivisions, educational institutions or other organizations or persons; (4) Receive financial and technical assistance from the federal government and other public or private agencies; (5) Participate in related programs with the federal government, other states, interstate agencies or other public or...
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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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22-30-5.1
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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22-27-5
Section 22-27-5 Authority of localities to establish charges, fees, etc., and enter into mutual agreements or contracts; approval of department; licensing of private or corporate agencies; permits and bonds; nonpayment of fees, etc. (a) Fees, etc.; mutual agreements or contracts. The county commission or municipality undertaking the responsibility for providing services to the public under this article may establish fees, charges and rates and may collect and disburse funds within cooperating areas or districts, inside or outside the corporate limits of municipalities or inside or outside of county boundaries, for the specific purpose of administering this article and providing and operating a solid waste program. Also, said county commission or public authority may enter into mutual agreements or contracts with the government bodies of other counties, municipalities, corporations or individuals, where deemed to be mutually economical and feasible, to jointly or individually collect,...
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45-49-252.14
Section 45-49-252.14 Certain acts and practices prohibited. (a) It shall be unlawful to dispose of solid waste except by sanitary landfill, incineration, recycling process, or other method approved by the director, consistent with applicable state law, operated by the county or permitted and possessing certificates of need as required herein. (b) It shall be unlawful to allow an unauthorized accumulation of rubbish, yard trash, garbage, and putrescible waste on any residential or commercial premises not engaged in a salvaging operation. (c) It shall be unlawful for any person other than the owner or collector, or his or her agent, or employees to collect refuse or to interfere in any manner with any such receptacles from the place where the same are placed by the owner or person lawfully in control thereof, or to remove the contents of such receptacles. (d) No person shall place any refuse in any street, alley, or other public place, or upon private property, whether owned by such...
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