Code of Alabama

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9-6-3
Section 9-6-3 Purposes of authorities. Public corporations may be formed under the provisions
of this chapter for any one or more or all of the following purposes: (1) To undertake and
to make or cause to be made engineering, technical, financial, legal and other appropriate
studies and surveys with respect to water, air or general environmental pollution problems
and hazards within the area of operation; (2) To construct, acquire, own and operate, singly
or in conjunction with others, lease, sell and otherwise dispose of equipment, facilities
and systems for the control, abatement or prevention of water, air or general environmental
pollution; and (3) To cooperate with and lend financial assistance and other aid to municipalities,
communities, counties, industries and public and private corporations within and outside of
the area of operation and within or outside of the boundaries of the State of Alabama in any
matters and undertakings having to do with or the end purpose of which is...
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9-6-8
Section 9-6-8 Powers and duties 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 maintain civil actions and have civil
actions maintained against it in its corporate name, 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 amend its certificate of incorporation by filing
in the office of the Secretary of State a certificate signed by all of the directors of the
authority setting forth the details of the amendment, such certificate to be acknowledged
in the same manner as the certificate of incorporation; (5) To adopt and alter bylaws for
the regulation and conduct of its affairs and business; (6) To...
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9-6-4
Section 9-6-4 Application for authority to incorporate; review of application and issuance
of executive order by Governor. (a) In order to form a public corporation under the provisions
of this chapter, any number of natural persons, not less than three, shall first file a written
application with the Governor. Such application shall: (1) Contain a statement that such public
corporation proposes to undertake and carry out one or more or all of the purposes defined
in Section 9-6-3 with respect to public corporations formed under this chapter; (2) Contain
a description by county name or otherwise of the geographical area of operation in which the
public corporation proposes to carry on its activities; (3) State that conditions of water,
air or general environmental pollution or any one or more of such conditions in excess of
normal acceptable tolerance as established or determined by appropriate regulatory body or
bodies exist within the area of operation, and that no public corporation...
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9-16-90
Section 9-16-90 Environmental protection performance standards. (a) Any permit issued pursuant
to this article to conduct surface mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this article, and such
other requirements as the regulatory authority shall promulgate. (b) General performance standards
shall be applicable to all surface coal mining and reclamation operations and shall require
the operation as a minimum to: (1) Conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being recovered so that reaffecting
the land in the future through surface coal mining can be minimized; (2) Restore the land
affected to a condition capable of supporting the uses which it was capable of supporting
prior to any mining, or higher or better uses of which there is reasonable likelihood, so
long as such use or uses do not present any actual or probable hazard to...
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9-6-7
Section 9-6-7 Advisory committee. Whenever the described area of operation shall include three
or more counties or portions thereof, there shall be created an advisory committee to consult
with and assist the authority. The advisory committee shall consist of one member from each
affected county who shall be a person of good moral character and a duly qualified elector
of the county he represents on the advisory committee, together with the Governor, the State
Health Officer, the Commissioner of Conservation and Natural Resources, the State Geologist,
the Director of the State Industrial Development Board, the Chairman of the Alabama Water
Improvement Commission, the President of the Alabama Wildlife Federation and the head of any
air pollution regulating body which might be created by the Legislature of this state, who
shall be members ex officio of the advisory committee. The Governor shall be the chairman
of the advisory committee, and he shall designate one of the appointive...
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22-22A-4
Section 22-22A-4 Department of Environmental Management created; principal office; director;
deputy director; divisions and division chiefs; transfer of functions; designation as State
Environmental Control Agency, etc.; contract with Health Department for routine bacteriological
analyses. (a) There is hereby created and established the Alabama Department of Environmental
Management to carry out the purposes of this chapter and to administer and enforce the provisions
of this chapter and all functions transferred to the department by this chapter. The department
shall maintain its principal office in the City of Montgomery, Montgomery County, Alabama.
(b) The department shall be under the supervision and control of an officer who shall be designated
as the director of the Alabama Department of Environmental Management. The director shall
be an individual knowledgeable and experienced in environmental matters. The director shall
employ such officers, agents and employees as he deems...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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9-16-89
Section 9-16-89 Performance bonds and bond releases. (a) After a surface coal mining and reclamation
permit application has been approved but before such a permit is issued, the applicant shall
file with the regulatory authority, on a form prescribed and furnished by the regulatory authority,
a bond for performance payable to the state and conditioned upon faithful performance of all
the requirements of this article and the permit. The bond shall cover all lands disturbed
by the surface coal mining operation and the amount of the initial bond shall be such to cover
that area of land within the permit area upon which the operator will initiate and conduct
surface coal mining and reclamation operations within the initial term of the permit. As succeeding
increments of surface coal mining and reclamation operations are to be initiated and conducted
within the permit area, the permittee shall file with the regulatory authority an additional
bond or bonds to cover such increments in...
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9-6-13
Section 9-6-13 Aid and cooperation of political subdivisions, agencies or other instrumentalities
of state. For the purpose of effecting the control, abatement or prevention of water, air
or general environmental pollution or of aiding or cooperating with the authority in the planning,
development, undertaking, construction, extension, improvement, operation or protection of
equipment, facilities, apparatus and systems, the purpose of which is to control, abate or
prevent any such pollution, any county, municipality or other political subdivision, public
corporation, agency or instrumentality of this state may, upon such terms and with or without
consideration, as it may determine: (1) Lend or donate money to or perform services for the
benefit of the authority; (2) Donate, sell, convey, transfer, lease or grant to the authority,
without the necessity of authorization at any election of qualified voters, any property of
any kind, any interest therein and any franchise; and (3) Do any...
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9-6-14
Section 9-6-14 Immunity from tort liability. The engaging in and aiding, assisting and promoting
the control, abatement and prevention of water, air and general environmental pollution by
an authority is hereby declared to be a governmental function. The authority shall not be
liable for any tort, whether negligent or willful, committed by any director, agent, servant
or employee of the authority in the construction, maintenance or operation of any equipment,
facilities, apparatus or systems in connection with activities in engaging in or aiding, assisting
and promoting such pollution control, abatement or prevention. (Acts 1969, No. 1117, p. 2060,
ยง14.)...
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