Code of Alabama

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45-49-252.01
Section 45-49-252.01 Powers and duties of administrative department. (a) The director, or his
or her duly appointed designee, shall be responsible for the administrative management of
this part. (b) The director shall provide for a solid waste management system consistent with
this part, consisting of storage, collection, transport, processing, separation, recovery,
and disposal. (c) The solid waste management system must be submitted to the Mobile County
Commission of Mobile County, Alabama, for review and approval or rejection. (Act 81-450, p.
773, §2.)...
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45-49-252
Section 45-49-252 Definitions. The following words, phases, or terms as used in this part,
unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY.
Wrecked or derelict property having no value other than nominal salvage value, if any, which
has been left abandoned and unprotected from the elements and shall include wrecked, inoperative,
or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing
machines, plumbing fixtures, and other similar articles which have no value other than nominal
salvage value, if any; and is in a condition violative of Alabama statutes. (2) ADMINISTRATIVE
DEPARTMENT. The department charged by the Mobile County Commission with the administrative
management of this part. (3) COMMISSION. The Mobile County Commission of Mobile County, Alabama.
(4) BULKY WASTE. Items whose large size precludes or complicates their handling by normal
collection, processing, or disposal methods. (5) BUNDLE. A...
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45-49-255.02
Section 45-49-255.02 Solid waste management advisory board. (a) There is created a solid waste
management advisory board consisting of 11 members: One shall be a member of the County Commission
of Mobile County, Alabama, one shall be the solid waste coordinator, two shall be appointed
by the senators of the Mobile County Legislative Delegation, two shall be appointed by the
representatives of the Mobile County Legislative Delegation, one at large shall be appointed
by all other appointees, one shall be appointed by the Sheriff of Mobile County, one shall
be appointed by the County Commissioner of District 1, one shall be appointed by the County
Commissioner of District 2, and one shall be appointed by the County Commissioner of District
3. All members shall reside in the unincorporated area of Mobile County. (b) The solid waste
management advisory board members shall serve for a term of four years; provided, however,
in the initial term the member from the county commission shall serve...
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45-49-252.04
Section 45-49-252.04 Certificates of need. Certificates of need as required by Section 45-49-252.03
may be obtained for the management of solid waste in the following manner: (1) An applicant
for a certificate of need for a solid waste management activity or facility shall petition
the Mobile County Commission to deter- mine the need of such requested service by the applicant.
The applicant shall provide the commission with the following information as applicable: a.
A statement of purpose and need for the activity, service, or facility. b. A statement of
funding sources. c. A statement of financial resources of the applicant. d. A statement of
the cost of operation. e. A statement of existing facilities or services available. f. Any
other information requested by the commission. g. Information described in paragraphs b.,
c., and d. shall not be required from persons desiring certificates of need to provide nonresidential
solid waste management activities, services, or facilities. (2)...
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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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45-49-252.05
Section 45-49-252.05 Solid waste management permits. Permits required under Section 45-49-252.03
shall be issued in the following manner: (1) Any person desiring to obtain a permit shall
file an application for a permit with the director on application forms provided by the director
and shall accompany such application with: a. Name and address of the applicant, showing its
legal identity (individual, partnership, corporation, etc.). b. The business address of the
applicant. c. An inventory of all motorized equipment or other equipment to be used in such
collection, transportation, or disposal. d. The methods of storage, transport, and processing
to be used. e. The location and type of processing or disposal, or both, contemplated. f.
The types and amounts of wastes to be covered by permit, including a description of the project
or process generating wastes. g. The route or routes to be used in transporting and schedules
used. h. Issuance of county permits shall not relieve applicants...
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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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22-27-45
Section 22-27-45 State Solid Waste Management Plan. The Director of the Alabama Department
of Environmental Management, with the advice and consultation of the Solid Waste Management
Advisory Committee, is directed to prepare a State Solid Waste Management Plan. In developing
the state plan, the department will seek to achieve the following goals: (1) That solid waste
facilities and management systems are provided for in an orderly manner consistent with the
needs and plans of the state and its regions and local governments; (2) That alternative methods
of solid waste management are encouraged as a means of reducing the state's dependence on
landfilling; (3) That all aspects of local, regional and state planning, zoning, population
estimates, and economics are taken into consideration; and (4) That appropriate time schedules
are set for the phasing in of the required component parts of the system. Said plan shall
be developed in two phases: a. The first phase of the plan shall be...
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45-49-252.06
Section 45-49-252.06 Collection of solid waste. (a)(1) Only county franchised collectors possessing
valid permits shall engage in the business of providing solid waste management services to
residential property within the county. Fees for such service shall be established by resolution
or ordinance of the Mobile County Commission, consistent with the provisions of franchise
agreements. Upon May 3, 1988, any proposed increase in fees charged shall be reviewed and
approved in the following manner: a. A franchised residential collector shall provide notice
in a newspaper of general circulation in Mobile County that the collector will apply in writing
to the solid waste management advisory board for an increase in fees charged, including the
amount of the proposed fee increase, at least three weeks prior to the giving of such written
application. b. The collector, not less than 10 days thereafter, shall provide the written
request for the fee increase to the advisory board. c. The board...
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45-49-252.15
Section 45-49-252.15 Inspections. In order to insure compliance with this part and the laws
of this state, the director or his or her agents, or the health officer and his or her agents,
are authorized to inspect, at reasonable times, all phases of solid waste management within
Mobile County. (Act 81-450, p. 773, §16.)...
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