Code of Alabama

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22-30B-1
Section 22-30B-1 Definitions. When used in this chapter and except where the context prohibits,
the following words and terms shall have the following meanings: (1) COMMERCIAL SITE FOR THE
DISPOSAL OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. A site or facility receiving hazardous
waste or hazardous substances, as defined herein, not generated on site, for disposal and
to which a fee is paid or other consideration given for such disposal. (2) DISPOSAL. The discharge,
deposit, injection, dumping, spilling, incineration, leaking or placing of any waste or substance
into or on any land or water so that such waste or substance or any constituent thereof may
enter the environment or be emitted into the air or discharged into any waters including groundwaters
at a commercial site within the State of Alabama for the disposal of hazardous waste or hazardous
substances as defined herein. For the purpose of this chapter incineration does not include
hazardous substances or waste that have been...
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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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22-30-4
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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22-30-2
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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22-30-14
Section 22-30-14 Responsibilities of generators. (a) The department, acting through the commission,
is authorized to promulgate rules and regulations establishing such standards, applicable
to generators of hazardous waste as may be necessary to protect human health or the environment.
Such standards shall include but not be limited to the following: (1) Determining if solid
wastes generated are hazardous wastes as defined by this chapter; (2) Proper labeling of hazardous
wastes; (3) Assuring that all hazardous wastes generated are treated, or disposed of at treatment,
storage or disposal facilities which: a. If in state, are permitted or have interim status
under this chapter; or b. If out of state, are permitted or have interim status from a state
authorized under Section 3006 of the RCRA to operate a hazardous waste permitting program
in lieu of the federal program or are permitted or have interim status under the RCRA; (4)
Maintaining records of hazardous waste produced, generated,...
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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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22-30A-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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22-30D-4
Section 22-30D-4 Election of coverage; administration of chapter; rules and regulations. (a)(1)
All owners and operators and all wholesale distributors shall elect by May 24, 2001, to be
covered or not to be covered by this chapter and shall do so by notifying the department in
writing that such owner or operator or wholesale distributor elects to be covered or not to
be covered by this chapter. Following May 24, 2001, any owner or operator or wholesale distributor
who may have initially elected not to be covered by this chapter or who may have inadvertently
failed to notify the department may notify the department that such owner or operator or wholesale
distributor has reconsidered and desires to be covered by the fund, but any such owner or
operator or wholesale distributor shall, with its notice of request for coverage, be required
to pay to the Department of Revenue the registration fees which would otherwise have been
due to the fund had such owner or operator or wholesale...
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22-30-17
Section 22-30-17 Manifest. (a) The department shall develop and, acting through the commission,
promulgate a manifest. (b) A manifest shall be required to accompany transportation, for off-site
storage, treatment or disposal of hazardous waste, provided, however, that regarding bulk
shipments by rail or water, a shipping paper may be substituted for the manifest if the shipping
paper meets the requirements set out in the rules and regulations promulgated under this chapter.
The manifest shall be originated by the hazardous waste generator and shall identify the hazardous
waste transported, the quantity of such waste, and such other information as the department
may require. (c) A copy of each complete manifest shall be forwarded monthly to the department
by owners or operators treating, storing or disposing of hazardous wastes received from off-site.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §17; Acts 1984, No. 84-50, p. 57, §1; Acts
1987, No. 87-807, p. 1590, §13.)...
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