Code of Alabama

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22-30E-5
Section 22-30E-5 Additional powers and duties of department. (a) In addition to the powers
and duties specified in this chapter and in Sections 22-22A-1 to 22-22A-16, inclusive, the
department shall have and may exercise the following powers and duties: (1) To establish and
collect fees from applicants for participation in the voluntary cleanup program authorized
by this chapter, to be utilized for the administration of this chapter. (2) To make determinations,
in accordance with procedures and criteria enumerated in this chapter and rules and regulations
promulgated pursuant to this chapter, as to whether a proposed voluntary cleanup plan is sufficient
to bring the qualifying property into compliance with the cleanup standards. (3) To monitor
actions taken under approved voluntary property assessment plans and voluntary cleanup plans
for the purpose of determining whether an applicant remains eligible for limitation of liability
and for the purpose of determining whether to concur in...
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22-30D-9
Section 22-30D-9 Liability. (a)(1) Except as otherwise preempted or limited by applicable federal
law, upon reporting to the department and the board of any contamination or suspected contamination,
no owner or operator, wholesale distributor, impacted third party, adjacent landowner, or
person owning any abandoned drycleaning facility who shall have elected to be covered by this
chapter shall be liable to the state or any third party for costs incurred in the investigation
or cleanup of, or equitable relief relating to, or resulting, in whole or in part, from a
preexisting release of any drycleaning agent at, on, or from any drycleaning facility, wholesale
distribution facility, or abandoned drycleaning facility or a new release of any drycleaning
agent, unless such new release resulted from noncompliance with a department approved investigation,
assessment, or remediation plan. (2) Pursuant to the rules and regulations to be adopted by
the department as required by Section 22-30D-4...
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16-46-5
Section 16-46-5 License for operation of schools; fees; financial stability. (a) No private
postsecondary institution, except those enumerated in Section 16-46-3, shall operate within
this state unless the private postsecondary institution first secures a license from the Department
of Postsecondary Education, regardless of whether the private postsecondary institution enrolls
Alabama students or has a physical presence within the State of Alabama. Procedures for licensing
and bonding of private postsecondary institutions operating courses in separate locations
shall be established in the rules and regulations pursuant to Section 16-46-7. (b) For all
applicable private postsecondary schools or institutions that apply for a license and that
meet the criteria identified in this section, the Department of Postsecondary Education shall
issue a license to be publicly displayed on the premises where the private postsecondary institution
operates. (c) The application for a license for a...
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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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22-30-12
Section 22-30-12 Permit program. (a) The department, acting through the commission, is authorized
to promulgate a permit program for hazardous waste management practices and, acting through
the commission, to promulgate criteria for issuing permits and rules identifying procedures
for obtaining permits. (b) Except as provided by this subsection or subsections (i) and (j)
of this section, no person shall engage in the transportation, treatment, storage or disposal
of hazardous waste without having applied for and obtained a permit from the department issued
under authority of this section. The department, acting through the commission, may promulgate
rules which exempt certain hazardous waste management practices from the requirement to obtain
a permit under this section. (c) Unless specifically exempted from regulation by this chapter
or rules promulgated under authority of this chapter, no person may commence or continue construction
or operation of any hazardous waste treatment,...
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22-30E-6
Section 22-30E-6 Criteria for property qualification for voluntary cleanup program. (a) In
order to be considered a qualifying property for participation in the voluntary cleanup program
established pursuant to this chapter, a property shall, unless granted a variance under subsection
(b), meet the following criteria: (1) The property must not be listed on the federal National
Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation,
and Liability Act, 42 U.S.C. §9601, et seq. (2) The property must not be currently undergoing
response activities required by an order of either the department, or the regional administrator
of the federal Environmental Protection Agency issued pursuant to the provisions of the federal
Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et
seq. (3) The property must not be a hazardous waste treatment, storage, or disposal facility
as defined in Section 22-30E-3. (b) The department may...
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31-13-9
Section 31-13-9 Verification of employment eligibility by employers seeking economic incentives.
(a) As a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees, the business entity or employer shall not knowingly employ, hire for
employment, or continue to employ an unauthorized alien within the State of Alabama. (b) As
a condition for the award of any contract, grant, or incentive by the state, any political
subdivision thereof, or any state-funded entity to a business entity or employer that employs
one or more employees within the State of Alabama, the business entity or employer shall provide
documentation establishing that the business entity or employer is enrolled in the E-Verify
program. During the performance of the contract, the business entity or employer shall participate
in the E-Verify program and shall verify every...
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32-9A-2
Section 32-9A-2 Compliance with Federal Motor Carrier Safety Regulations; in-service training
by law enforcement officers. (a)(1) Except as otherwise provided in subsection (b), no person
may operate a commercial motor vehicle in this state, or fail to maintain required records
or reports, in violation of the federal motor carrier safety regulations as prescribed by
the U.S. Department of Transportation, 49 C.F.R. Part 107, Parts 171-180, Parts 382-387, and
Parts 390-399 and as they may be amended in the future. Except as otherwise provided herein,
this chapter shall not be construed to repeal or supersede other laws relating to the operation
of motor vehicles. (2)a. No person may operate a commercial motor vehicle in this state in
violation of 49 C.F.R. §393.120, as amended, relating to load securement for certain metal
coils. b. No one owning, leasing, or allowing a commercial vehicle to be operated in this
state shall knowingly or negligently be in violation of 49 C.F.R. §393.120,...
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22-30F-4
Section 22-30F-4 Revolving Loan Fund established; maintenance; administration. (a) There is
hereby established the State of Alabama Land Recycling Revolving Loan Fund, which shall be
maintained in perpetuity and operated by the department as agent for the authority for the
purposes stated herein. Grants from the federal government or its agencies allocated, allotted,
or paid to the state for capitalization of the revolving loan fund, grants from other entities
allocated, allotted, or paid to the state for capitalization of the revolving loan fund, state
matching funds where required, and loan principal, interest, and penalties and interest income
and all other amounts at anytime required or permitted to be paid into the revolving loan
fund shall be deposited therein. Proceeds of capitalization grants, funds appropriated by
the state, loan principal and interest payments, interest income, and all other funds of the
authority shall be deposited with one or more banks designated by the...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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