9-12-126
Section 9-12-126 Inspection of oyster beds; closure order; relay of oysters from closed areas;
promulgation of rules; penalty; enforcement. (a) The State Board of Health is authorized to
inspect the waters of the state where oysters are grown and harvested. When the State Health
Officer shall determine that the waters surrounding the oyster beds are unsafe for the harvesting
of said oysters, the State Health Officer shall issue an order to close the waters around
said bed, which order shall be specific as to location of the area to be closed. Orders issued
pursuant to this section shall not be considered rules under the Alabama Administrative Procedure
Act (Section 41-22-1 et seq.). After the issuance of such a closure order, no person shall
harvest oysters in the said waters during the closure period. The State Health Officer is
authorized to permit the Department of Conservation and Natural Resources to relay oysters
from closed areas. (b) The State Board of Health is authorized to...
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9-10B-5
Section 9-10B-5 Functions and duties of Office of Water Resources. The general functions and
duties of the Office of Water Resources shall be as follows: (1) To develop long-term strategic
plans for the use of the waters of the state by conducting and participating in water resource
studies and by administering the laws established by this chapter and regulations promulgated
hereunder; (2) Acting through the commission, to adopt and promulgate rules, regulations,
and standards for the purposes of this chapter, and to develop policy for the state regarding
the waters of the state; (3) To implement quantitative water resource programs and projects
for the coordination, conservation, development, management, use, and understanding of the
waters of the state; (4) To serve as a repository for data regarding the waters of the state;
(5) To, at its discretion, study, analyze, and evaluate in coordination with, or with the
assistance of, other agencies of the state, the federal government, any...
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22-27-12
Section 22-27-12 Powers of department. The department may do the following: (1) Adopt rules
to implement this article. (2) Adopt rules establishing requirements and restrictions for
the management of solid waste, excluding the collection and transportation of nonhazardous
and nonmedical solid waste. The rules may include factors such as the characteristics of the
solid waste, the potential for contamination of soils or ground and surface waters, the design
and operation of management facilities, the financial capabilities of the applicant, soil
and geological considerations, human health, and other environmental considerations. With
respect to solid waste disposal or materials recovery facilities, the rules may also include
factors such as the quantity, nature, and origin of solid wastes and recovered materials to
be managed. The department may condition the issuance of a permit for any solid waste management
or materials recovery facility upon the facility being consistent with...
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9-16-91
Section 9-16-91 Surface effects of underground coal mining; requirements; remedies. (a) The
regulatory authority shall promulgate rules and regulations directed toward the surface effects
of underground coal mining operations, and embodying the following requirements. In adopting
any rules and regulations, the regulatory authority shall consider all distinct differences
between surface coal mining and underground coal mining. (b) Each permit issued pursuant to
this article and relating to underground coal mining shall require the operator to: (1) Adopt
measures consistent with available technology in order to prevent subsidence causing material
damage to the extent technologically and economically feasible, maximize mine stability, and
maintain the value and reasonably foreseeable use of such surface lands, except in those instances
where the mining methods used requires planned subsidence in a predictable and controlled
manner. Nothing in this subsection shall be construed to prohibit...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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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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9-2-4
Section 9-2-4 Powers and duties as to seafoods, etc. (a) The Department of Conservation and
Natural Resources shall have full jurisdiction and control of all seafoods existing or living
in the waters of Alabama and of all public and natural oyster reefs and oyster bottoms of
the State of Alabama, and it shall ordain, promulgate and enforce all rules, regulations and
orders deemed by it to be necessary for the protection, propagation or conservation of the
same. (b) The Department of Conservation and Natural Resources may by order duly made and
published prescribe the manner of taking or catching, the time when and designate the places
from which seafoods may or may not be taken or caught during certain periods of the year,
or entirely, as it may deem to be for the best interest of the seafood industry. (c) It shall
have full authority to prohibit the catching or taking of oysters from reefs designated by
it by order duly made and promulgated during the entire open season or any part...
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20-1-144
Section 20-1-144 Violation of article; enforcement. (a) A person who produces milk, milk products,
or frozen dessert in a producing plant and sells or offers for sale, consigns or offers for
consignment, or offers for remuneration of milk, milk products, frozen desserts, or single-service
container or closure without first obtaining the required permit or violates a rule or order
issued pursuant to this article shall be guilty of a Class A misdemeanor. (b) The State Board
of Health shall institute a civil action in any circuit court in the State of Alabama to enforce
the provisions of this article. Any person who operates without a valid permit may be enjoined
from the operation by the circuit court without prior resort to criminal remedies. (Acts 1993,
No. 93-718, p. 1403, §5.)...
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9-12-33
Section 9-12-33 Culling and sacking of oysters. (a) All oysters taken from the public reefs
of this state shall be culled and sacked, and each sack tagged and identified in accordance
with the requirements of the rules of the state Department of Public Health, prior to leaving
the public reefs or water bottoms where taken or oyster management stations, and all oysters
which measure less than three inches in length and all cultch material shall be immediately
replaced by scattering and broadcasting upon the public reefs or water bottoms from which
they have been taken. It shall be unlawful for any captain or person in charge of any vessel
or any canner, packer, commission man, dealer, or other person to purchase, sell, or have
in his or her possession or under his or her control any oysters off the public reefs or water
bottoms not culled according to this section, or any oysters from the reefs or water bottoms
under the legal size. Any excess of over five percent of cultch material and...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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