reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 24 - Water Well Standards. › Section 22-24-5 - Well Driller's License - Required; Application; Annual Fee; Term.

Section 22-24-5
Well driller's license - Required; application; annual fee; term.
Every person who intends to drill water wells within the State of Alabama shall annually obtain from the board a water well driller's license and, in order to obtain said license, shall file with the board, in accordance with rules and regulations as established by the board, an application form, to be made available by the board. Any person, upon filing said application and receiving approval of the board, shall pay an annual fee of $200.00 to the board, and the payment of said fee shall entitle said person to the full and complete privileges of drilling water wells, as provided in this chapter, and the board shall issue a license for a period not to exceed one year. Said annual fee paid to the board shall not exempt a person from additional state or county privilege taxes.
(Acts 1971, No. 1516, p. 2630, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 24 - Water Well Standards. › Section 22-24-7 - Well Driller's License - Refusal, Suspension or Revocation.

Section 22-24-7
Well driller's license - Refusal, suspension or revocation.
(a) A license may be refused or a license duly issued may be suspended or revoked, or the renewal thereof refused by the board, if, after notice and hearing as provided in this section, it finds that the applicant for, or holder of, such license:
(1) Is unable to present evidence of his qualifications suitable to the board;
(2) Has intentionally made a material misstatement in the application for such license;
(3) Has willfully violated any provision of this chapter;
(4) Has obtained, or attempted to obtain, such license by fraud or misrepresentation;
(5) Has been guilty of fraudulent or dishonest practices; or
(6) Has demonstrated lack of competence as a driller of water wells.
(b) Before any license shall be refused, or suspended or revoked, or the renewal thereof refused, under this section, the board shall give notice of its intention to do so by registered or certified mail to the applicant for, or holder of, such license and shall set a date not less than 20 days from the date of mailing such notice when the applicant or licensee may appear to be heard and produce evidence. In the conduct of such hearing, the board, or an authorized representative specially designated by it for such purpose, shall have power to administer oaths, to require the appearance of and examine any person under oath, to require the production of books, records or papers relevant to the inquiry upon its own initiative or upon the request of the applicant or licensee. Upon termination of such hearing, the findings shall be reduced to writing and, upon approval by the board, shall be filed in its office and notice of the findings and resulting decision sent by registered or certified mail to the applicant or licensee concerned.
(c) No licensee whose license has been revoked under this section shall be entitled to file another application for a license as a water well driller within one year from the effective date of such revocation or, if judicial review of such revocation is sought, within one year from the date of final court order or judgment affirming such revocation. Such application, when filed, may be refused by the board unless the applicant shows good cause why revocation of his license shall not be deemed a bar to the issuance of a new license.
(Acts 1971, No. 1516, p. 2630, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 24 - Water Well Standards. › Section 22-24-8 - Drilling Requirements.

Section 22-24-8
Drilling requirements.
It shall be unlawful and a violation of this chapter to drill a water well within the State of Alabama unless the following provisions are complied with:
(1) The driller of the water well shall be licensed as provided in Section 22-24-5.
(2) The driller shall, at all times during the drilling of a water well, keep posted in a conspicuous location, at or near the well being drilled or on his person, the appropriate license certificate as furnished by the board.
(3) Before the commencement of the drilling operation, the driller shall file an application of intent to drill a water well, as directed by the board.
(4) The driller of the well, within 30 days after completion of the drilling of each water well, shall deliver to the board, upon forms to be supplied by the board, a "report of well drilled." The board shall notify the local health authorities within seven days of the receipt thereof.
(5) The driller shall furnish a log and a set of samples to the State Geological Survey from wells specifically designated by the board or State Geologist. The samples shall be collected during the drilling at intervals of not more than 10 feet.
(Acts 1971, No. 1516, p. 2630, §5; Acts 1980, No. 80-138, p. 206, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 24 - Water Well Standards. › Section 22-24-11 - Penalty for Violation of Chapter, etc.; Disposition of Fines.

Section 22-24-11
Penalty for violation of chapter, etc.; disposition of fines.
Any person guilty of violating any of the provisions of this chapter or the rules and regulations adopted thereunder shall be guilty of a misdemeanor and may be punished by a fine of not less than $100.00 nor more than $500.00 for each violation. Each day the violation continues shall be considered a separate violation. Any and all funds derived from such fines shall be deposited with the State Treasurer in the Alabama Department of Environmental Management Fund.
(Acts 1971, No. 1516, p. 2630, §11; Acts 1982, No. 82-612, p. 1111, §11(d).)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 24 - Water Well Standards. › Section 22-24-12 - Exemption From Provisions of Chapter.

Section 22-24-12
Exemption from provisions of chapter.
The provisions of this chapter shall not be effective in or apply to Baldwin County.
(Acts 1977, No. 263, p. 361.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-1 - Definitions.

Section 22-25-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) BOARD. The Alabama Department of Environmental Management.
(2) CERTIFICATE. The certificate of competency issued by the director stating that the operator has met the requirements for the specified operator classification of the certification program.
(3) DIRECTOR. The Director of the Alabama Department of Environmental Management.
(4) OPERATOR. The person on duty who has direct responsibility for the operation of a water treatment plant, water distribution system, public wastewater collection system, or wastewater treatment plant.
(5) PUBLIC WASTEWATER COLLECTION SYSTEM. The system of pipes, structures, and facilities through which wastewater, municipal sewage, or wastes of a liquid nature is received, collected, stored, transported, or delivered into a wastewater treatment plant.
(6) TRAINEE. The person on duty who has direct responsibility for the operation of a water treatment plant, water distribution system, public wastewater collection system, or wastewater treatment plant and is serving in a training capacity for a maximum of one year without a certificate.
(7) WASTEWATER TREATMENT PLANT. The facility or group of units used for the treatment of wastewater from public wastewater collection systems and for the reduction or handling of solids removed from such wastewater.
(8) WATER DISTRIBUTION SYSTEMS. That portion of the water supply system in which water is conveyed from the water treatment plant or other supply point to the premises of the consumer.
(9) WATER SUPPLY SYSTEM. The system of pipes, structures, and facilities through which a public water supply is obtained, treated and sold, or distributed for human consumption or household use, as defined by subdivision (12) of Section 22-23-31.
(10) WATER TREATMENT PLANT. That portion of the water supply system which in some way alters the physical, chemical, or bacteriological quality of the water.
(Acts 1971, No. 1594, p. 2728, §1; Acts 1982, No. 82-612, p. 1111, §11(e); Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-2 - Classification of Plants and Systems.

Section 22-25-2
Classification of plants and systems.
The director shall classify all water treatment plants, water distribution systems, wastewater treatment plants, and public wastewater collection systems affecting the public welfare with regard to the size, type, character of water and wastewater to be treated, and other physical conditions affecting the treatment plants and distribution systems; and according to the skill, knowledge, and experience that an operator must have to supervise the operation of the facilities to protect the public health and prevent pollution.
(Acts 1971, No. 1594, p. 2728, §2; Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-7 - Certification of Operators - Duty of Director.

Section 22-25-7
Certification of operators - Duty of director.
The director shall certify persons as to their qualifications to supervise the operation of treatment plants and water distribution and public wastewater collection systems after considering the recommendations of the board.
(Acts 1971, No. 1594, p. 2728, §3; Acts 1982, No. 82-612, p. 1111; Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-8 - Certification of Operators - Examinations.

Section 22-25-8
Certification of operators - Examinations.
The board shall hold at least one examination each year for the purpose of examining candidates for certification, at a time and place designated by the board.
(Acts 1971, No. 1594, p. 2728, §7; Acts 1982, No. 82-612, p. 1111, §11(e).)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-9 - Certification of Operators - Issuance.

Section 22-25-9
Certification of operators - Issuance.
(a) When the director is satisfied that an applicant is qualified, by examination or otherwise, the director shall issue a certificate attesting to the competency of the applicant as an operator. The certificate shall indicate the classification of works which the operator is qualified to supervise.
(b) Certificates of proper classifications shall be issued without examination to persons certified by a governing body or owner to have been the operator of a treatment plant or a water distribution system on September 28, 1971. A certificate so issued will be valid only for that particular treatment plant or system, but shall remain in effect three years, unless revoked by the director as provided in this chapter. All certificates shall be renewed every three years.
(c) Certificates in appropriate classification shall be issued to operators who, on September 28, 1971, hold certificates of competency attained by examination under the voluntary certification program sponsored jointly by the State Department of Health and the Alabama Water and Pollution Control Association.
(Acts 1971, No. 1594, p. 2728, §§9, 10; Acts 1982, No. 82-612, p. 1111, §11(e); Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-11 - Certification of Operators - Term; Renewal; Promulgation of Rules and Regulations.

Section 22-25-11
Certification of operators - Term; renewal; promulgation of rules and regulations.
Certificates issued pursuant to this chapter shall continue in effect for three years from the date of issuance or renewal, unless sooner revoked by the director, but these certificates shall remain the property of the board and the certificates shall so state. The board may promulgate rules and regulations requiring continuing education and training as a condition of certificate renewal. Prior to expiration, application for renewal, which shall include evidence of required continuing education and training, shall be filed with the appropriate renewal fee.
(Acts 1971, No. 1594, p. 2728, §11; Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-12 - Certification of Operators - Revocation.

Section 22-25-12
Certification of operators - Revocation.
The director may revoke the certificate of an operator, upon recommendation of the board, when any of the following are found:
(1) The operator has practiced fraud or deception in obtaining the certificate.
(2) The operator in the performance of his or her duties did not use reasonable care, judgment, or the application of his or her knowledge or ability.
(3) The operator is incompetent or unable to properly perform his or her duties as an operator.
(4) The operator has failed to maintain certification requirements.
(Acts 1971, No. 1594, p. 2728, §12; Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-13 - Rules and Regulations.

Section 22-25-13
Rules and regulations.
The board may promulgate such rules and regulations as are necessary to carry out the provisions of this chapter.
(Acts 1971, No. 1594, p. 2728, §14; Acts 1982, No. 82-612, p. 1111, §11(e).)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-14 - Failure of Operator to Be Certified; Certain Operators Excepted.

Section 22-25-14
Failure of operator to be certified; certain operators excepted.
It shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency operating a water treatment plant, water distribution system, wastewater treatment plant, or public wastewater collection system to operate same unless the competency of the operator to operate the plant or system is duly certified to by the director under the provisions of this chapter. It shall also be unlawful for any person, except a trainee as defined in Section 22-25-1, to perform the duties of an operator without being duly certified under the provisions of this chapter. The provisions of this chapter, however, shall not be applicable to the owner or operator of a water treatment plant, water distribution system, wastewater treatment plant or public wastewater collection system that does not offer service to the public generally.
(Acts 1971, No. 1594, p. 2728, §15; Acts 1993, No. 93-621, p. 1036, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-15 - Penalty for Violations of Chapter.

Section 22-25-15
Penalty for violations of chapter.
In addition to the provisions of Section 22-22A-5, any person, including any firm, corporation, municipal corporation, water or sewer board, water authority, or other governmental subdivision or agency, violating any provisions of this chapter, or the rules and regulations adopted thereunder, after written notice thereof by the director, shall be guilty of a misdemeanor. Each day of operation in such violation of this chapter or any rules or regulations adopted thereunder shall constitute a separate offense. Upon conviction, such persons shall be fined not exceeding $100 or be imprisoned in the county jail for not more than 30 days, or by both such fine and imprisonment.
(Acts 1971, No. 1594, p. 2728, §16; Acts 1993, No. 93-621, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25 - Water and Wastewater Systems and Treatment Plants. › Section 22-25-16 - Reimbursement by New Employer for Training Expenses.

Section 22-25-16
Reimbursement by new employer for training expenses.
In those instances in which a water or wastewater operator of any municipality, municipal utility board, county, or the state is employed by the State of Alabama, any county, municipality, or another municipal utility board, within 24 months after completing the certification requirements mandated by this chapter, the total expense paid by the water or wastewater operator's governmental employer to enable the operator to become certified, including, but not limited to, salary paid during training, transportation costs paid to the trainee for travel to and from the training facility, room, board, tuition, overtime paid to other employees who fill in for the trainee during his or her absence, and any other related training expenses, shall be reimbursed to the municipality, municipal utility board, county, or the state which paid for the training. The municipality, municipal utility board, county, or the state which paid for the training shall submit an itemized sworn statement to the new employer of the water or wastewater operator, as the case may be, shall demand payment thereof, and may enforce collection of the obligation through civil remedies and procedures. The terms "water operator" and "wastewater operator" shall have the same meanings as in Section 22-25-1.
(Acts 1996, No. 96-626, p. 997, §3; Act 2002-424, p. 1090, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-1 - Purpose.

Section 22-25A-1
Purpose.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-2 - Definitions.

Section 22-25A-2
Definitions.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-3 - Rules and Regulations.

Section 22-25A-3
Rules and regulations.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-4 - Compliance; Powers and Duties.

Section 22-25A-4
Compliance; powers and duties.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, § 4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-5 - Certification and Permitting Fees.

Section 22-25A-5
Certification and permitting fees.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
Act 2001-973, 3rd Sp. Sess., p. 900, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-6 - Violations.

Section 22-25A-6
Violations.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
Act 2001-973, 3rd Sp. Sess., p. 900, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-7 - Public Health Management Entity Fund.

Section 22-25A-7
Public Health Management Entity Fund.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-8 - Certificate of Economic Viability.

Section 22-25A-8
Certificate of economic viability.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-9 - Civil Action.

Section 22-25A-9
Civil action.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25A - Regulation of Wastewater Onsite Entities Using Decentralized Cluster Wastewater Systems. › Section 22-25A-10 - Relation to Other Laws; Applicable Licenses Required.

Section 22-25A-10
Relation to other laws; applicable licenses required.
Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009.
(Act 2001-973, 3rd Sp. Sess., p. 900, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-2 - Exempted Entities.

Section 22-25B-2
Exempted entities.
The following entities shall not be certified or regulated by the commission, but shall be subject to all other requirements of this chapter:
(1) Cooperatives transacting business in this state pursuant to Chapter 6 of Title 37 deemed to be general welfare cooperatives.
(2) Municipalities and county governments and any public corporations, boards, agencies, or entities created by a municipality or county government. Nothing herein prohibits municipal and county governmental entities from contracting with any other public or private entity to manage, maintain, or service wastewater systems owned by them.
(3) Entities managing small-flow cluster systems. Notwithstanding the foregoing, entities managing small-flow cluster systems may elect to be subject to all requirements of this chapter.
(4) Entities owning wastewater systems including the source, collection, treatment, and disposal of the wastewater and all of the dwelling structures or commercial establishments served by them. Examples include, but are not limited to, a trailer park or apartment complex under single ownership.
(5) Entities that assume or acquire ownership or management of wastewater systems that were previously owned by entities of state, county, or local governments.
(6) Wastewater treatment systems owned or operated by industrial facilities.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-3 - Responsibilities of Wastewater Management Entities.

Section 22-25B-3
Responsibilities of wastewater management entities.
(a) No person, firm, corporation, or other legal entity shall operate as a wastewater management entity without full compliance with this chapter and rules promulgated hereunder.
(b) Every cluster and community wastewater system shall be operated by a wastewater management entity as authorized under this chapter. Wastewater management entities shall be subject to such operational permits as may be issued by the department and such certificates as may be issued by the PSC.
(1) A PSC certificate of financial viability shall be valid for a period of two years from the date of issuance. A new certificate of financial viability is required when a wastewater management entity is issued a new operational permit by the department or when an operational permit is modified by the department.
(2) An operational permit for a cluster or community wastewater system issued by the department shall be valid for a period of five years from the date of issuance. A new operational permit is required whenever there is a change in the ownership or operation of the wastewater system that would require a permit modification as determined by the department.
(c) All cluster wastewater systems shall only discharge pursuant to permits issued by the ADPH.
(d) All community wastewater systems shall only discharge pursuant to permits issued by ADEM.
(e) Unless by this chapter expressly exempted from regulation by the PSC, no person or entity shall engage in the construction or installation of a wastewater system subject to this chapter unless a certificate of financial viability has been issued to the system's management entity by the PSC and until a draft operational permit has been issued for the wastewater system by the department.
(f) No wastewater management entity shall engage in the maintenance or operation of a wastewater system or discharge therefrom without first obtaining and complying with a final permit issued by the department.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-4 - Adph Regulation of Cluster Wastewater Systems.

Section 22-25B-4
ADPH regulation of cluster wastewater systems.
(a) Consistent with this chapter, the ADPH shall promulgate and enforce such rules as are necessary to regulate cluster wastewater systems and their wastewater management entities. Such rules may include, but may not be limited to, the following:
(1) The permitting, design, installation, repair, modification, location, and operation requirements of cluster wastewater systems and facilities.
(2) Minimum inspection, monitoring, operating, reporting, record maintenance, and system maintenance requirements for cluster wastewater system management entities.
(3) Mechanisms, methodologies, procedures, or guidelines, or any combination of these, to insure cluster wastewater systems and their management entities comply with law, regulations, conditions of operational permits, and directives of ADPH.
(b) Upon failure of a cluster wastewater entity to comply with this chapter, or any permit requirements, rule, order, or directive of ADPH, the ADPH may revoke the management entity's permit, assess a civil penalty not exceeding ten thousand dollars ($10,000), or both, per compliance failure or violation.
(c) Each day a violation continues shall constitute a separate violation.
(d) The failure of the wastewater management entity to maintain a valid certificate of economic viability may constitute cause for permit revocation or the assessment of civil penalties, or both.
(e) The assessment and collection of civil penalties shall be in compliance with State Board of Health rules and the Alabama Administrative Procedure Act.
(f) Civil penalties may be assessed under this chapter for any compliance failure or violation occurring within three years prior to the date of issuance of an order or notice or commencement of civil action under this chapter.
(g) Civil penalties assessed hereunder and not paid as provided herein may be recovered in a civil action brought by the ADPH in the Circuit Court of Montgomery County or in the circuit court in whose jurisdiction any threatened or continuing violation occurs.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-5 - Adem Regulation of Community Wastewater Systems.

Section 22-25B-5
ADEM regulation of community wastewater systems.
(a) Consistent with this chapter, ADEM shall promulgate and enforce rules as are necessary to regulate community wastewater systems and their wastewater management entities. Such rules may include, but may not be limited to, the following:
(1) The permitting, design, installation, repair, modification, location, and operation requirements of community wastewater systems and facilities.
(2) Mechanisms, methodologies, procedures, or guidelines, or any combination of these, to insure community wastewater systems and their management entities comply with law, regulations, conditions of operational permits, and directives of ADEM.
(3) Minimum inspection, monitoring, operating, reporting, record maintenance, and system maintenance requirements for community wastewater system management entities.
(b) Upon failure of any wastewater management entity to comply with this chapter, or any permit requirement, rule, or directive of ADEM, ADEM may revoke the management entity's permit or assess a civil penalty pursuant to the civil enforcement provisions of the Alabama Environmental Management Act and rules promulgated thereunder, or both. The failure of the wastewater management entity to maintain a certificate of economic viability issued by the PSC may constitute cause for permit revocation or the assessment of civil penalties by ADEM, or both.
(c) Any penalty assessed by ADEM pursuant to this section shall be in accordance with the civil enforcement provisions of the acts establishing ADEM, its rules, and the Alabama Administrative Procedure Act.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-7 - Fees and Penalties.

Section 22-25B-7
Fees and penalties.
The costs of administering this chapter by the PSC, ADEM, and ADPH shall be funded from certification fees, permit fees, and regulatory fees paid by the wastewater management entities. All fees and revenue of any kind generated as a result of the operation of this chapter shall be deposited to the credit of the PSC, ADEM, and ADPH as set forth below, and shall be continuously appropriated to the PSC, ADPH, and ADEM to implement and administer this chapter as follows:
(1) The PSC is authorized to charge and collect from the wastewater management entity a fee for the processing and review of applications for and issuance of certifications as may be established by rules of the PSC.
(2) The ADPH is authorized to charge and collect from any wastewater management entity applying for a permit a fee as established by rules of the State Board of Health.
(3) The ADEM is authorized to charge and collect from any wastewater management entity applying for a permit a fee as established by rules of ADEM.
(4) In addition to any permit fee collected by either ADEM or ADPH, the departments are authorized to collect from each certified wastewater management entity, and each certified wastewater management entity shall pay to either ADPH or ADEM according to the department's jurisdiction as set out in this chapter, a regulatory fee in the amount of four percent of annual gross receipts, payable quarterly on the wastewater systems each regulates.
(5) Any fees authorized pursuant to this chapter shall be limited to the amount necessary to carry out the activities required in this chapter.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-8 - Advisory Group.

Section 22-25B-8
Advisory group.
An advisory group shall be established to advise the appropriate regulatory agencies on construction/installation standards, hereafter known as the Advisory Group on Minimum Construction Standards, and shall be made up of the following members:
(1) One representative appointed by the ADEM.
(2) One representative appointed by the ADPH.
(3) One representative appointed by the PSC.
(4) One representative appointed by the Home Builders Association of Alabama.
(5) One representative appointed by the Alabama Onsite Wastewater Board.
(6) One representative appointed by the Wastewater Utility Management Association.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-9 - Wastewater System Failure.

Section 22-25B-9
Wastewater system failure.
(a) Upon the failure of a management entity to remediate any wastewater system failure within a reasonable time to protect the health and safety of the public or the environment as may be established by rules or orders of the State Board of Health or ADEM, upon the request of the applicable department, the PSC is hereby granted full authority to take possession of the system, correct the failure, and to operate the system or assign the system to another certified wastewater management entity.
(b) In the event the PSC operates or assigns a system as provided in subsection (a), it may call upon the violating wastewater management entity's performance bond, letter of credit, or pledged assets to correct the violation and facilitate the transfer to another certified wastewater management entity.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-10 - Public Right-of-Way Crossing.

Section 22-25B-10
Public right-of-way crossing.
A certified wastewater management entity, with the approval of the governmental entities in control of the rights-of-way, may install and maintain sewer collection and effluent transport lines within public rights-of-way according to an engineered design and inspection, to comply with the Department of Transportation's standards. The lines installation is limited to a crossing of the right-of-way and installed in proper casement and at no cost to the state, county, or municipal government.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-11 - Civil Action.

Section 22-25B-11
Civil action.
In addition to any rights and remedies specified herein or otherwise provided by law, the PSC, ADEM, ADPH, district attorney, or the Attorney General, or any combination of these, may commence a civil action to enjoin a violation in the circuit court in whose jurisdiction which any threatened or continuing violation occurs. In any such action, any person having an interest which is or may be adversely affected may intervene as a matter of right.
(Act 2009-773, p. 2388, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25B - Regulation of Privately Owned Wastewater Systems. › Section 22-25B-12 - Relation to Other Laws.

Section 22-25B-12
Relation to other laws.
(a) Except as specifically provided herein, this chapter is not intended to apply to small-flow cluster systems as defined in Section 22-25B-1 and is supplemental to all other laws and administrative rules and is not intended to repeal or replace any existing statute except to the extent that there is a direct conflict. In such case, this chapter shall control. Any individual, company, or other entity installing, maintaining, repairing, servicing, or manufacturing wastewater systems including single family and small-flow cluster systems, cluster wastewater systems, and community wastewater systems must obtain an appropriate license from the Alabama Onsite Wastewater Board pursuant to Chapter 21A, of Title 34, or from the ADEM.
(b) Notwithstanding any other law, all subsurface distribution wastewater systems serving establishments, a single development, or contiguous developments which collectively have a design flow of 15,000 GPD or less shall be permitted and regulated by the ADPH pursuant to rules promulgated by the State Board of Health, and all subsurface distribution wastewater systems serving establishments, a single development, or contiguous developments which collectively have a design flow of more than 15,000 GPD shall be permitted and regulated by the ADEM pursuant to rules promulgated by the ADEM.
(c) This chapter shall not apply in any county which has a local constitutional amendment authorizing the regulation of wastewater utilities, unless provided for by local act or the Legislature by local law applicable to the county provides for alternative regulation and rate control to apply in the county.
(d) This chapter shall in no way infringe upon or replace the authority granted to the Jefferson County Board of Health pursuant to Act No. 659 (1978).
(Act 2009-773, p. 2388, §§2, 4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25C - Centralized Waste Treatment Facility Financial Assurance Requirements. › Section 22-25C-1 - Operation of Facilities; Bond; Closure Cost Estimates.

Section 22-25C-1
Operation of facilities; bond; closure cost estimates.
(a) Notwithstanding any provision of law, and except as provided in Section 22-25C-2, the Alabama Department of Environmental Management (ADEM), prior to the issuance of a permit or prior to a modification of an existing permit, shall require certain centralized waste treatment facilities, as defined by federal effluent guidelines set forth at 40 CFR Part 437, when applying for or modifying a permit for the operation of a facility that processes or treats industrial wastes, industrial wastewater, or used material to post a performance bond or other financial assurance in an amount sufficient to close the facility if the owner or operator ceases proper operation of the facility, abandons the facility, or fails to properly maintain the facility to ensure compliance with state environmental regulations. Notwithstanding the foregoing, this requirement shall not apply to waste treatment facilities which treat waste only from sources owned or operated by the owner of the waste treatment facilities or which treat waste pursuant to a contract at a waste treatment facility which also treats waste from sources owned or operated by the owner.
(b) The bond or other financial assurance shall be declared forfeited if required by ADEM when the owner or operator abandons the facility, ceases operation of the facility, or fails to properly maintain the facility to ensure compliance with state environmental regulations and shall be used for the purpose of closing the facility in compliance with state environmental rules and to pay the costs of any remediation required.
(c)(1) The owner or operator shall have a minimum of two detailed written estimates, in current dollars, of the cost of hiring a third party to close a facility prior to issuance of a permit or modification of a permit. The owner or operator shall submit the closure cost estimates with the permit application and submit a copy of the estimates with the permit application.
(2) The owner or operator shall re-evaluate the closure cost estimate and the amount of financial assurance required if changes to the closure plan or facility conditions significantly increase the maximum cost of closure at any time during the active life of the facility. The owner or operator shall submit any updated cost estimates and documentation of the increase in financial assurances prior to initiating changes at the facility which would insignificantly increase the maximum cost of closure at any time during the active life of the facility.
(d) Failure of the obligor of the bond or financial assurance to provide service satisfactory to the department shall constitute a cause of action for recovery in a civil action at the instance of the department.
(Act 2012-551, p. 1627, §1; Act 2018-178, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 25C - Centralized Waste Treatment Facility Financial Assurance Requirements. › Section 22-25C-2 - Rulemaking Authority; Disposition of Fees.

Section 22-25C-2
Rulemaking authority; disposition of fees.
(a) ADEM shall promulgate rules necessary to implement and administer the provisions of this chapter.
(b) Any fees collected pursuant to subsection (a) of this section prior to amendment of this section by Act 2018-178 shall be refunded to the owner or operator of the centralized waste management facility that paid the fee.
(Act 2012-551, p. 1627, §§2, 3; Act 2018-178, §1, 2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-1 - Insanitary Sewage Facilities Menacing Public Health.

Section 22-26-1
Insanitary sewage facilities menacing public health.
It shall be unlawful and shall constitute a misdemeanor to build, maintain or use an insanitary sewage collection, treatment and disposal facility or one that is or is likely to become a menace to the public health anywhere within the state, including plumbing facilities, privies, septic tank systems, other private collection and disposal systems, sewer lines, public or private, municipal, community, subdivision or other treatment plant and disposal units, but excluding plumbing within structures located within the police jurisdiction of municipal corporations and regulated by the municipal corporation.
(Acts 1969, No. 1127, p. 2089, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-2 - Authority of Boards of Health to Require Installation of Connections With Sanitary Sewers, etc.; Rules and Regulations.

Section 22-26-2
Authority of boards of health to require installation of connections with sanitary sewers, etc.; rules and regulations.
The State Board of Health and/or county boards of health, acting through its duly authorized agents or employees, shall require every person, firm or corporation or municipal corporation, or agent thereof, owning or occupying property within the state, to install the type and number of sewage collection, treatment, and disposal facilities conforming to rules and regulations of the State Board of Health and/or county boards of health and require connection to a sanitary sewer conforming to rules and regulations of the State Board of Health and/or county boards of health where sanitary sewers are available and are not regulated by the municipal corporation, or to dispose of sewage in such sanitary manner as shall be approved by the State Board of Health. All required sewage treatment and disposal facilities shall conform in every respect with the specifications, rules, and regulations applying to these facilities made, adopted, and promulgated by the State Board of Health and/or county boards of health and shall be maintained as prescribed by the rules and regulations. No rule or regulation of the State Board of Health shall require the permitting or inspection by county government of any plumbing within structures.
(Acts 1969, No. 1127, p. 2089, §2; Act 2016-305, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-3 - Approval of Plans and Specifications.

Section 22-26-3
Approval of plans and specifications.
All plans and specifications applying to sewage collection, treatment and disposal shall be first submitted to the State Board of Health and/or county boards of health for approval before construction. The said plans and specifications shall be approved if in conformance with said specifications, rules and regulations and the required permits for construction issued by the State Board of Health or its duly authorized agents or employees. No person, firm, corporation or municipal corporation shall begin construction without said approval, and a violation of this section shall constitute a misdemeanor, punishable, on conviction, by a fine of not to exceed $500.00.
(Acts 1969, No. 1127, p. 2089, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-4 - Permits for Installation of Plumbing Within Police Jurisdiction of Municipal Corporations.

Section 22-26-4
Permits for installation of plumbing within police jurisdiction of municipal corporations.
The issuance of permits for the installation of plumbing within structures located within the police jurisdiction of municipal corporations, and the inspection and approval of same, shall be functions of municipal corporations.
(Acts 1969, No. 1127, p. 2089, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-5 - Permits for Installation of Plumbing Outside Jurisdiction of Municipal Corporations.

Section 22-26-5
Permits for installation of plumbing outside jurisdiction of municipal corporations.
Repealed by Act 2016-305, §2, effective May 10, 2016.
(Acts 1969, No. 1127, p. 2089, §6.)