Code of Alabama

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22-40A-6
Section 22-40A-6 Receivers generally. (a) For purposes of this chapter, there shall be two
classes of receivers, Class One receivers and Class Two receivers as defined in Section 22-40A-3.
(b) Receivers of both classes are not required to obtain a permit as a transporter, as otherwise
required under Section 22-40A-7, for transporting scrap tires for disposal or further processing.
For Class Two receivers this exception applies only to scrap tires they generate and does
not apply to scrap tires generated by other persons. (c) Receivers of both classes are not
required to use a permitted transporter for purposes of transporting their tires or their
customers' tires between their business locations or between a customer site and the receiver.
(d) All receivers shall register without fee with the department and obtain a receiver number
and vehicle decals, at no cost, equal to the number of vehicles in the receiver's fleet used
to transport scrap tires. Decals shall be carried visibly in or...
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22-40A-7
Section 22-40A-7 Transportation of scrap tires; permits. (a) No person, except properly registered
receivers, may engage in the transportation of scrap tires, whether or not for profit, without
holding a valid transporter permit issued by the department, unless otherwise exempted by
this chapter or unless allowed by department regulation, if he or she transports more than
eight scrap tires at any one time. An application for a permit shall be made in the form required
by the department and provide such information as the department may, by regulation, require.
(b) The department, by regulation, may set higher tire transportation limits than provided
in subsection (a) for special situations, such as an authorized amnesty program. (c) Permitted
transporters shall receive decals equal in number to the number of vehicles in the transporter's
fleet, at no cost. Decals shall be visibly displayed in or on the vehicle, in accordance with
department regulations. (d) Persons making applications...
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22-40A-3
Section 22-40A-3 Definitions. The following terms shall have the following meanings unless
the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by,
or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this
chapter only, authorized disposal shall be the deposit of a tire in a landfill properly permitted
to accept tires and tire materials for disposal. (3) CLEANUP. For purposes of this chapter,
cleanup means the cleaning up, remediation, control, or removal of scrap tires from the environment.
(4) CONSUMER. a. For purposes of this chapter a consumer is defined as either: 1. A retail
purchaser. 2. A dealer who buys a tire to be installed on a vehicle for resale. b. A wholesale
purchaser who buys tires for resale is not considered a consumer. (5) DEPARTMENT. The Alabama
Department of Environmental Management (ADEM) or its successor organization or organizations
having similar responsibility. (6) ENFORCEMENT OFFICER. An...
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22-40A-4
Section 22-40A-4 Accumulation and exposure limits. (a) No person may accumulate more than 100
scrap tires, except as a permitted processor, registered receiver, permitted landfill, or
transporter who has requested and been granted a storage limit by the department. (b) No person
may expose accumulated scrap tires to the elements for more than 30 days. (c) A Class One
receiver as defined in Section 22-40A-3 may accumulate up to 1,500 scrap tires, or a higher
number as set by regulation of the department for those engaged in used tire sales. (d) A
Class Two receiver as defined in Section 22-40A-3 may accumulate up to 300 tires. Provided,
however, that Class Two receivers that are tire manufacturers are excluded from the 300-tire
limit, provided the tires are not exposed to the elements. (Act 2003-332, p. 823, §4; Act
2009-779, p. 2433, §1.)...
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22-40A-9
Section 22-40A-9 Manifests; out-of-state tires transported into Alabama. (a) The department
shall develop and promulgate a manifest through rulemaking. (b) All scrap tire receivers,
transporters, processors, and landfills are required to use a written manifest as prescribed
in this section and as provided by regulations of the department. The manifest shall identify
the quantity of tires transported, stored, or processed, and other information as the department
may require. The manifest shall be required to accompany the transportation, storage, and
processing of scrap tires until the tires are processed or disposed. (c) Records shall be
retained for a minimum of three years, or as otherwise required by the department. (d) The
department may establish regulations for transport of out-of-state tires into Alabama. (Act
2003-332, p. 823, §9; Act 2006-559, p. 1285, §1; Act 2009-779, p. 2433, §1.)...
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22-40A-11
Section 22-40A-11 Administration and enforcement. (a) Except as provided for herein, the department
is designated by this chapter as the administrating agency for this chapter including administering
remediation and enforcement programs; provided, however, the department may enter into delegation
agreements with county commissions for enforcement of this chapter. The department is hereby
authorized to carry out the purposes of this chapter and is empowered to administer and enforce
this chapter using the authorities granted to it by the Environmental Management Act. (b)
The department shall develop and manage a remediation contract program for cleanup, management,
or disposal of scrap tires. (c) The department may by regulation exempt certain tires under
this chapter and grant variances or place additional requirements on persons subject to this
chapter and the department's regulations. (d) The department shall administer the program
in a way to ensure enforcement of the chapter in all...
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22-40A-10
Section 22-40A-10 Financial assurance. (a) The department shall, by regulation, establish the
financial assurance levels and methods that are to be set to provide funds to abate any problems
created as a result of a failure by the transporter or processor to properly manage scrap
tires. (b) Receivers of either class are not required to post financial assurance. (c) Permitted
transporters and processors shall post financial assurance. A fuel user that registers with
the department shall post financial assurance if the user stores whole tires or shredded tires
in excess of amounts the department establishes by regulation or in excess of permitted limits.
(Act 2003-332, p. 823, §10; Act 2009-779, p. 2433, §1.)...
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22-40A-19
Section 22-40A-19 Penalties. (a) Any person who intentionally, knowingly, recklessly, or with
criminal negligence: (1) Accumulates scrap tires in violation of this chapter, upon conviction,
shall be subject to a term of imprisonment not exceeding three months. (2) Processes scrap
tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment
not exceeding six months. (3) Transports scrap tires in violation of this chapter, upon conviction,
shall be subject to a term of imprisonment not exceeding one year. (4) Engages in unauthorized
disposal of scrap tires in violation of this chapter, upon conviction, shall be subject to
a term of imprisonment of not more than 10 years nor less than one year and one day and, in
addition, may be fined not more than ten thousand dollars ($10,000) for each violation. (5)
Makes any false statement or representation in any document used to comply with this chapter,
upon conviction, shall be subject to a term of imprisonment...
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32-8-87
Section 32-8-87 Dismantling, destroying, changing identity of vehicle; certificate requirements;
insurance claims; "total loss"; removal of identification numbers, plates, etc.;
transfer of salvage vehicles; inspections; "component parts"; rebuilt vehicles;
flood vehicles; online verifications. (a) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title who scraps, dismantles, destroys, or changes the
motor vehicle in such a manner that it is not the same motor vehicle described in the certificate
of origin or certificate of title shall as soon as practicable cause the certificate of origin
or certificate of title, if any, and any other documents or information required by the department
to be mailed or delivered to the department for processing. The department shall, with the
consent of any holder of liens noted on the surrendered certificate, enter a cancellation
upon its records. Upon cancellation of a certificate of origin or certificate of...
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13A-7-29
Section 13A-7-29 Criminal littering. (a) A person commits the crime of criminal littering if
he or she engages in any of the following acts: (1) Knowingly deposits in any manner litter
on any public or private property or in any public or private waters without permission to
do so. For purposes of this subdivision, any series of items found in the garbage, trash,
or other discarded material including, but not limited to, bank statements, utility bills,
bank card bills, and other financial documents, clearly bearing the name of a person shall
constitute a rebuttable presumption that the person whose name appears on the material knowingly
deposited the litter. Advertising, marketing, and campaign materials and literature shall
not be sufficient to constitute a rebuttable presumption of criminal littering under this
subsection. (2) Negligently deposits, in any manner, glass or other dangerously pointed or
edged objects on or adjacent to water to which the public has lawful access for...
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