Code of Alabama

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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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22-6-26
Section 22-6-26 Health department functions and responsibilities. This article shall in no
way supersede, replace or affect the licensing and certification responsibilities or other
regulatory functions of the Health Department. All health care facilities licensing authority
shall remain the responsibility of the Department of Public Health upon and after May 9, 1989.
(Acts 1989, No. 89-641, p. 1268, §7.)...
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45-29-140.16
Section 45-29-140.16 Notice requirements, etc.; regulatory control and supervision. (a) Except
as expressly otherwise provided in this article, no proceeding, notice, or approval shall
be required for the incorporation of the authority or the amendment of its certificate of
incorporation, the acquisition of any property, water system, or fire protection facility
or the issuance of any mortgage and deed of trust or trust indenture. (b) The authority, every
water system or fire protection facility owned by the authority or leased or subleased to
a county, and the rates and charges thereof shall be exempt from all jurisdiction of and all
regulation and supervision by the Alabama Public Service Commission and neither a public hearing
nor the consent of the Department of Finance shall be prerequisite to any transaction between
or with the authority and the county or between the authority or the county and any vendor,
vendee, lessor, or lessee to or from the authority. (Act 89-188, p. 169,...
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9-16-127
Section 9-16-127 Acquisition and disposition of lands. (a) The director, with the approval
of the Secretary of Interior, may acquire title in the name of the state to any land or interest
therein by purchase, donation, or condemnation if such land or interest is adversely affected
by past coal mining practices and upon a determination that acquisition of such land is necessary
to successful reclamation and that: (1) The acquired land after restoration, reclamation,
abatement, control or prevention of the adverse effects of past coal mining practices will
serve recreation and historical purposes, conservation and reclamation purposes or provide
open space benefits; and (2) Permanent facilities such as a treatment plant or a relocated
stream channel will be constructed on the land for restoration, reclamation, abatement, control
or prevention of the adverse effects of past coal mining practices; or (3) Acquisition of
coal refuse disposal sites and all coal refuse thereon will serve the...
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22-4-41
Section 22-4-41 Construction of article. This article shall not affect any current law or laws
which provide authority or jurisdiction for the SHPDA, the Certificate of Need Review Board,
or the SHCC except as provided herein, or which provide requirements to obtain a certificate
of need in this state. This article shall be supplemental to any existing laws. (Act 2015-471,
§11.)...
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8-17-252
Section 8-17-252 Inspection where reasonable belief of violation; notification; citation; civil
action for relief. (a) Whenever the office or local issuing authority has reason to believe
that any person has engaged in, or is engaging in, or is about to engage in, any practice
or activity that is prohibited by this article, the office or issuing authority shall conduct
an inspection of the blasting operations and may order the permittee to monitor blast effects,
with seismographic readings, unless the same information is available to the office or issuing
authority as a result of a previous inspection. (b) When, on the basis of an inspection by
the office or issuing authority or seismic monitoring, it is determined by the office or issuing
authority that any person is in violation of any requirements of this article, and the violation
creates an imminent danger to the health, or safety of the public, or private property, the
local issuing authority shall immediately notify the office...
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11-52-33.1
Section 11-52-33.1 Applicability and regulatory authority. (a) Sections 11-52-1, 11-52-30,
11-52-31, 11-52-32, and 11-52-33 shall not affect any application for development or any subdivision
filed prior to October 1, 2012. (b) Additionally, in the event the municipal planning commission
lawfully assumes the authority to exercise control over the development of subdivisions in
an area where the county commission has previously exercised regulation of subdivision development,
the municipal planning commission's regulatory authority shall not apply to a subdivision
development which is already being regulated and enforced by the county commission pursuant
to an application for plat approval submitted to the county commission by the developer prior
to the date on which the municipal planning commission lawfully assumed responsibility for
the development of subdivisions pursuant to this chapter. (c) Nothing contained in Sections
11-52-1, 11-52-30, 11-52-31, 11-52-32, and 11-52-33 requires...
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40-20-1
Section 40-20-1 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) DEPARTMENT. The state Department of
Revenue. (2) ANNUAL. The calendar year or the taxpayer's fiscal year, when permission is obtained
from the department to use a fiscal year as a tax period in lieu of a calendar year. (3) VALUE.
The sale price or market value at the mouth of the well. If the oil or gas is exchanged for
something other than cash, if there is no sale at the time of severance or if the relation
between the buyer and the seller is such that the consideration paid, if any, is not indicative
of the true value or market price, then the department shall determine the value of the oil
or gas subject to the tax hereinafter provided for, considering the sale price for cash of
oil or gas of like quality. (4) OIL. Crude petroleum oil and other hydrocarbons regardless
of gravity which are produced at the well in liquid form by ordinary...
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22-27-9
Section 22-27-9 Authority of Department of Environmental Management and Department of Public
Health. (a) The Department of Environmental Management shall be the agency with primary regulatory
authority over the management of solid waste in the state, except for the collection and transportation
of nonhazardous and nonmedical solid waste. The department may exercise the regulatory authority
over the permitting and operation of solid waste management facilities necessary to enforce
the requirement and purposes of this article. (b) The Alabama Department of Public Health
shall have primary regulatory authority over the collection and transportation of solid waste,
excluding medical waste and hazardous waste, the management of sanitary waste in septic tanks,
excluding landfill disposal, and the management of collection activities including, but not
limited to, the provision of collection services by county and municipal governing bodies,
participation in local collection systems, the...
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45-35-140.09
Section 45-35-140.09 Regulatory control and supervision; forfeiture of funds. With regard to
the collection and administration of the fees levied by this article including, but not limited
to, the application for and granting of exemptions, the Houston County Commission shall exercise
such regulatory control and supervision over and may adopt rules and regulations as may be
needed to meet the requirements of this article. Any volunteer fire department or association
that fails to comply with this article or any rules and regulations adopted pursuant to this
article, at the discretion of the Houston County Commission, may be deemed to have forfeited
all or part of the funds generated by this article for such a period of time as may be set
by the county commission. In addition, the county commission shall have the power and authority
to adopt resolutions providing that if the fees, penalties, or charges, established by or
incurred pursuant to this article, shall not be paid within 30...
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