Code of Alabama

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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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