Code of Alabama

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11-89-7
Section 11-89-7 Powers of district generally; power of district to acquire, operate, etc.,
systems, etc., outside service area; provisions in schedules of rates and charges generally.
(a) The district shall have the following powers, together with all powers incidental thereto
or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate
name for the duration of time (which may be perpetuity, subject to the provisions of Section
11-89-17) specified in its certificate of incorporation; (2) To sue and be sued in its own
name in civil actions, except as otherwise provided in this chapter, and to defend civil actions
against it; (3) To adopt and make use of a corporate seal and to alter the same at pleasure;
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business;
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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45-49-252.10
Section 45-49-252.10 Title to solid waste. In the absence of an agreement to the contrary specified
in a permit or contract with the county, title to all solid waste generated or otherwise found
within Mobile County shall vest in the county when it is finally disposed of according to
this part and the provisions of the individual permit or contract. (Act 81-450, p. 773, ยง11.)...

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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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45-49-255.02
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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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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45-49-252.03
Section 45-49-252.03 Solid waste management. All solid waste generated or otherwise found within
the county shall be managed by persons holding valid permits for such activity, granted in
accordance with this part, and no household business, industry, or any property owner may
store, haul, and dispose of his or her own solid wastes on his or her own land or otherwise,
without a solid waste management permit. (1) All producers of infectious or hazardous wastes
shall obtain a permit in accordance with Section 45-49-252.05 specifying the exact means and
methods of managing such solid wastes. (2) A person desiring to dispose of construction and
demolition debris resulting from his or her regular business operation on property he or she
has the right to use for the purpose of disposing of such debris is not required to obtain
a certificate of need or regular permit in order to engage in such activity, but shall be
required to obtain a special permit from the health officer for such purpose...
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22-27-48.1
Section 22-27-48.1 Approval process by local governing body for siting of new solid waste management
facility. (a) This section applies to the siting of any new solid waste management facility,
as defined in Section 22-27-2. (b) The governing body of a county or municipality shall make
a discretionary decision to approve or disapprove the siting of a new solid waste management
facility in accordance with this section. (c) Any person or entity seeking approval from the
governing body of a county or municipality for the siting of a new solid waste management
facility shall also submit to the governing body as part of its application, the application
fee required under subsection (d) of Section 22-27-48 and all of the following information:
(1) A written document addressing each of the criteria described in subsection (c) of Section
22-27-48. (2) The applicant's experience of owning or operating other solid waste facilities.
(3) Information relating to the applicant's financial resources,...
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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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11-89A-2
Section 11-89A-2 Definitions. The following words and phrases used in this chapter, and others
evidently intended as the equivalent thereof, shall, in the absence of a clear implication
herein otherwise, be given the following respective interpretations herein: (1) APPLICANT.
A natural person who files a written application with the governing body of any county or
municipality in accordance with the provisions of Section 11-89A-3. (2) AUTHORITY. Any public
corporation organized pursuant to the provisions of this chapter. (3) AUTHORIZING RESOLUTION.
A resolution or ordinance adopted by the governing body of any county or municipality in accordance
with the provisions of Section 11-89A-3, that authorizes the incorporation of an authority.
(4) BOARD. The board of directors of an authority. (5) BONDS. Bonds, notes, or other obligations
representing an obligation to pay money. (6) COSTS. As applied to a facility or any portion
thereof, such term shall include all or any part of the cost of...
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