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9-10B-22
Section 9-10B-22 Implementation of use restriction alternatives; conditions, limitations, or
restrictions on certificate of use. (a) Upon the designation of any area of the state as a
capacity stress area where the commission specifically finds the implementation of a use restriction
alternative is necessary because the aggregate existing or reasonably foreseeable uses of
the waters of the state in such an area exceed or will exceed the availability of such waters
and is required to protect the availability of the waters of the state within such area, the
commission shall immediately initiate rule-making procedures to consider appropriate conditions
or limitations applicable to all certificates of use within such area; provided, however,
that the commission shall not adopt or promulgate any rule or regulation with respect to any
capacity stress area without the concurrence of 13 of the members of the commission. Any such
conditions or limitations shall be confined to matters necessary...
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9-10B-2
Section 9-10B-2 Legislative findings; exemptions. The Legislature of the State of Alabama hereby
finds and declares that: (1) All waters of the state, whether found on the surface of the
ground or underneath the surface of the ground, are among the basic resources of the State
of Alabama; (2) The use of waters of the state for human consumption is recognized as a priority
use of the state and it is the intent of this chapter that no limitation upon the use of water
for human consumption shall be imposed except in emergency situations after the Office of
Water Resources has considered all feasible alternatives to such limitations; (3) The use
of such waters should be conserved and managed to enable the people of this state to realize
the full beneficial use thereof and to maintain such water resources for use in the future;
(4) The general welfare of the people of this state is dependent upon the dedication of the
water resources of the State of Alabama to beneficial use to the fullest...
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9-10B-23
Section 9-10B-23 Authority of Alabama Department of Environmental Management to implement and
enforce rules and regulations. (a) In the event the commission adopts or promulgates any rules
or regulations limiting or reducing the quantity of water available to a person holding a
certificate of use, the implementation and enforcement of such rules and regulations shall
be under the direction of the Alabama Department of Environmental Management. (b) The Alabama
Department of Environmental Management and the Alabama Environmental Management Commission
are hereby expressly authorized to perform the following duties and functions with respect
to the implementation and enforcement of the rules and regulations adopted by the commission:
(1) To receive copies of all reports or other documents submitted to the Office of Water Resources
by holders of certificates of use within a capacity stress area; (2) Acting through the Alabama
Department of Environmental Management, to issue an order...
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22-30E-3
Section 22-30E-3 Definitions. Unless otherwise defined in this chapter, the definition of all
terms included in Section 22-30-3 shall be applicable to this chapter. Other definitions as
necessary may be promulgated as regulations by the department for further implementation of
this chapter. Also, as used in this chapter, the following words and terms have the following
meanings: (1) ALABAMA LAND RECYCLING AND ECONOMIC REDEVELOPMENT COMMISSION. That commission
which is created in Section 22-30E-12. (2) APPLICANT. An owner or operator or prospective
purchaser of a qualifying property seeking to participate in the voluntary cleanup program
established pursuant to this chapter. (3) CERTIFICATE OF COMPLIANCE. A statement prepared
by a professional engineer or geologist licensed to practice in the State of Alabama which
certifies compliance with a voluntary cleanup plan required by Section 22-30E-9. (4) CLEANUP.
For purposes of this chapter, cleanup means the cleaning up, remediation,...
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9-10B-21
Section 9-10B-21 Critical use studies to determine if areas should be designated as capacity
stress areas. The division chief shall notify the commission of the designation of areas of
the state for which the Office of Water Resources, in coordination with, or with the assistance
of, other agencies of the state or federal government, shall conduct a critical use study
to determine if such areas should be designated as capacity stress areas. Each critical use
study shall include an analysis of reasonable alternatives to address the quantitative water
resources problems identified by the Office of Water Resources during the study. At a minimum,
the critical use study shall include an assessment of a no-action alternative, a conservation
alternative, a water resources development alternative, and a restrictive use alternative.
Within each area of the state for which a critical use study is proposed, the Office of Water
Resources shall consult with all persons holding a certificate of use...
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9-10B-3
Section 9-10B-3 Definitions. For the purposes of this chapter, the following words and phrases,
unless a different meaning is plainly required by the context, shall have the following meanings:
(1) AREA OF THE STATE. Any municipality or county, including portions thereof, or other geographical
area of the state as may be designated by the commission pursuant to this chapter. (2) BENEFICIAL
USE. The diversion, withdrawal, or consumption of the waters of the state in such quantity
as is necessary for economic and efficient utilization consistent with the interests of this
state. (3) CAPACITY STRESS AREA. An area of the state designated by the commission pursuant
to this chapter where the commission determines that the use of the waters of the state, whether
ground water, surface water, or both, requires coordination, management, and regulation for
the protection of the interests and rights of the people of the state. (4) CERTIFICATE OF
USE. A certificate which shall be issued by the...
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9-10B-20
Section 9-10B-20 Submission of declaration of beneficial use; requirements and limitations;
certificate of use. (a) A declaration of beneficial use shall be submitted within 90 days
of the promulgation of rules and regulations governing such declarations by each public water
system that regularly serves, individually or in combination with other such systems, more
than 10,000 households and by each person who diverts, withdraws, or consumes more than 100,000
gallons of water on any day from the waters of the state. (b) A declaration of beneficial
use shall be submitted within 180 days of the promulgation of rules and regulations governing
such declarations by each public water system that regularly serves, individually or in combination
with other such systems, less than 10,000 households. (c) No declaration of beneficial use
shall be required to be submitted by any person, other than public water systems, who diverts,
withdraws, or consumes less than 100,000 gallons of water each day...
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4-3-11
Section 4-3-11 Powers of authority generally. The authority 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
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil suits and actions, excepting actions in tort against the authority; (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, take and hold, whether by purchase, gift, lease, devise or otherwise, property of
every description, whether real, personal or mixed, whether in one or more counties and whether
within or without the corporate limits of any authorizing subdivision, and to manage said
property, and to develop any undeveloped property owned, leased or controlled by...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority 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
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (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, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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25-12-7
Section 25-12-7 Exceptions. (a) This chapter shall not apply to the following boilers and pressure
vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title
49 of the Code of Federal Regulations, Parts 192 and 193. (2) Pressure vessels used for transportation
and storage of compressed or liquefied gases when constructed in compliance with specifications
of the United States Department of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required by appropriate regulations of
the United States Department of Transportation. (3) Pressure vessels located on vehicles operating
under the rules of other state or federal authorities and used for carrying passengers or
freight. (4) Air tanks installed on the right of way of railroads and used directly in the
operation of trains. (5) Pressure vessels that do not exceed any of the following weights
and measures: a. Five cubic feet in volume and 250...
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