reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-33 - State Primary Drinking Water Regulations.

Section 22-23-33
State primary drinking water regulations.
The board shall promulgate and enforce state primary drinking water regulations that at no time shall be less stringent than the complete, current interim or revised national primary drinking water regulations. State primary drinking water regulations shall apply to each public water system in the state, except those which meet all the following:
(1) Consist only of distribution and storage facilities and which do not have any collection and treatment facilities;
(2) Obtain all their water from, but are not owned or operated by, a public water system to which such regulations apply;
(3) Do not sell water to any person; and
(4) Are not carriers which convey passengers in interstate commerce.
(Acts 1977, No. 805, p. 1389, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-34 - State Secondary Drinking Water Regulations.

Section 22-23-34
State secondary drinking water regulations.
The board shall promulgate and enforce state secondary drinking water regulations. State secondary drinking water regulations shall apply to each public water system in the state, except those systems exempted by Section 22-23-33.
(Acts 1977, No. 805, p. 1389, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-35 - Variances and Exemptions From Regulations.

Section 22-23-35
Variances and exemptions from regulations.
The board may authorize variances and exemptions from the regulations issued pursuant to Section 22-23-32 under conditions and in such manner as it, by regulation, deems necessary and desirable.
(Acts 1977, No. 805, p. 1389, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-36 - Action by Board Regarding Imminent and Substantial Hazards.

Section 22-23-36
Action by board regarding imminent and substantial hazards.
The board, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial danger to the public health, may take the following or other appropriate administrative actions:
(1) Issue such orders as may be necessary to protect the health of persons who are or may be users of such system, including travelers; and
(2) Commence a civil action for appropriate relief, including a restraining order or permanent injunction as provided in Sections 22-23-52 and 22-23-53.
(Acts 1977, No. 805, p. 1389, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-37 - Notification of Users and Regulatory Agencies by Water Suppliers of Certain Violations, Etc.

Section 22-23-37
Notification of users and regulatory agencies by water suppliers of certain violations, etc.
(a) The supplier of water shall, as soon as practicable, notify the local county health departments, the board, the administrator, users, the public and communications media located in the area served by the system whenever a public water system:
(1) Is not in compliance with the state primary drinking water regulations;
(2) Fails to perform monitoring required by regulations adopted by the board;
(3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(4) Is subject to an exemption; or
(5) Fails to comply with the requirements prescribed by a variance or exemption.
(b) The notice shall include the fact of violation of public drinking water regulations, variance or exemption from compliance with such regulations and the extent, nature and possible health effects of such fact. Public notice shall be given in a manner prescribed by regulation.
(Acts 1977, No. 805, p. 1389, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-38 - Samples of Water Supplied to the Public - Required.

Section 22-23-38
Samples of water supplied to the public - Required.
At least once a month or as required by the board, every supplier of water shall deliver to the State Laboratory or a laboratory certified by the board samples of water supplied to the public.
(Acts 1977, No. 805, p. 1389, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-39 - Samples of Water Supplied to the Public - Analysis; Fee.

Section 22-23-39
Samples of water supplied to the public - Analysis; fee.
The board shall cause a bacteriological, sanitary and/or chemical analysis to be made of each sample so delivered, shall record such analysis and shall furnish a copy to the supplier of water. The board is authorized to collect from the supplier a fee equal to its reasonable anticipated costs in causing such analysis to be made and providing such record.
(Acts 1977, No. 805, p. 1389, §10; Acts 1984, 1st Ex. Sess., No. 84-783, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-40 - Permit to Construct or Modify Water System - Required; Prerequisite to Issuance of Bonds by Local Government Unit.

Section 22-23-40
Permit to construct or modify water system - Required; prerequisite to issuance of bonds by local government unit.
No person shall construct or make major modification of any public water system, or portion thereof, without having first obtained a permit from the board as provided in this article. No local government unit shall be authorized to incur any debt or to issue bonds in aid of such public water system unless a permit shall first have been obtained from the board as required by this article.
(Acts 1977, No. 805, p. 1389, §17.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-41 - Permit to Construct or Modify Water System - Application.

Section 22-23-41
Permit to construct or modify water system - Application.
Any person proposing to operate, construct, install, add to or make major modification of a public water system shall, prior to construction of such, file with the board an application for a permit to do so, together with complete plans and specifications and a statement containing a general description of the proposed public water system or of the proposed changes in the existing system, showing the geographical location thereof with relation to the source of water supply and the manner of storage, purification, treatment or delivery proposed or used for the supply, and all the sanitary and health conditions surrounding and affecting the said supply and the works, system and plant. The plans and specifications and statements shall be in such form and shall detail such matters as the board by regulation shall require.
(Acts 1977, No. 805, p. 1389, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-42 - Permit to Construct or Modify Water System - Investigation of Water System.

Section 22-23-42
Permit to construct or modify water system - Investigation of water system.
Upon filing of plans and specifications and statements by an applicant, the board is authorized to investigate the proposed system or existing works, system, plant, water supply and all other circumstances and conditions deemed material by the board.
(Acts 1977, No. 805, p. 1389, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-43 - Permit to Construct or Modify Water System - Order of Board Upon Finding That Water Is Impure, Unwholesome, Etc.

Section 22-23-43
Permit to construct or modify water system - Order of board upon finding that water is impure, unwholesome, etc.
Upon completion of any such investigation or of any routine or special inspection, if the board shall determine that the water being supplied or to be supplied is impure, unwholesome or unpotable, fails to comply with a maximum contaminant level or may constitute a menace or danger to the health or lives of human beings, or that the existing or proposed works, systems, plant or water supply or proposed modifications thereof are not suited to the production and delivery of healthful, pure and wholesome water, then, upon order of the board, the applicant or supplier of water shall make, within a time designated by the board, such changes as the board deems necessary to secure a continuous supply of pure, wholesome, potable and healthy water. The board may prohibit the use of said water supply or any modification, construction or operation of said works, system or plant until all orders of the board are carried out. Thereafter, it shall be unlawful for the applicant to use the said public water supply or to modify, construct or operate the said works, system or plants until the orders of the board are withdrawn.
(Acts 1977, No. 805, p. 1389, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-44 - Permit to Construct or Modify Water System - Issuance; Suspension or Revocation; Permits in Addition to Others Required by Law.

Section 22-23-44
Permit to construct or modify water system - Issuance; suspension or revocation; permits in addition to others required by law.
If the board shall determine that the water being supplied or to be supplied is pure, wholesome and potable and does not endanger the lives or health of human beings, it is authorized to grant the applicant a permit authorizing the applicant to furnish or to continue to furnish or supply water to human beings. All permits issued hereunder are revocable and may be suspended by the board at any time the board shall determine that the water being supplied is or is in danger of becoming impure, unwholesome or unpotable or does or will endanger the lives, health, comfort or well-being of human beings. Permits issued under this article are in addition to any other permits required by law.
(Acts 1977, No. 805, p. 1389, §14.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-45 - Right of Entry of Board for Investigations and Inspections.

Section 22-23-45
Right of entry of board for investigations and inspections.
The board and its inspectors shall have full power and authority to enter into and upon any and all places, property, enclosures and structures for the purpose of making investigations or inspections required by Section 22-23-42 and any routine or special inspections as the board may determine necessary.
(Acts 1977, No. 805, p. 1389, §15.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-46 - Reports of Condition of Water Supply, Plant, etc., by Applicants, or Suppliers.

Section 22-23-46
Reports of condition of water supply, plant, etc., by applicants, or suppliers.
Any applicant or supplier of water may, for cause stated, be required by the board to furnish a complete report of the condition and operation of the water supply, plant, works or system owned, operated or controlled by the said applicant. This report shall be made by a duly licensed professional engineer, the cost and expenses of which shall be paid by the applicant.
(Acts 1977, No. 805, p. 1389, §16.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-47 - Polluting Public Water Supply.

Section 22-23-47
Polluting public water supply.
No person shall deposit any dead animal or fowl or any noxious, nauseous or poisonous substance or any human waste in any portion of a public water supply or in any private well, spring, reservoir, tank, vessel or receptacle appurtenant to a public or private water supply.
(Acts 1977, No. 805, p. 1389, §18.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-48 - Prohibited Acts.

Section 22-23-48
Prohibited acts.
The following acts and the causing thereof are prohibited:
(1) Failure by a supplier of water to comply with the requirements of Section 22-23-39, or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to Section 22-23-37 or regulations promulgated thereunder or with respect to remedial actions being undertaken to achieve compliance with State Primary Drinking Water Regulations and State Secondary Drinking Water Regulations;
(2) Failure by any supplier of water to comply with Section 22-23-38;
(3) Failure by a supplier of water to comply with regulations promulgated pursuant to this article or with conditions for variances or exemptions authorized under Section 22-23-35; and
(4) Failure by any person to comply with any order issued by the board pursuant to this article.
(Acts 1977, No. 805, p. 1389, §19.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-49 - Powers and Duties of Board in Administration of Article.

Section 22-23-49
Powers and duties of board in administration of article.
To carry out the provisions and purposes of this article, the board is authorized and empowered to:
(1) Perform any and all acts necessary to carry out the purposes and requirements of this article relating to the adoption and enforcement of state primary drinking water regulations and state secondary drinking water regulations;
(2) Administer and enforce the provisions of this article and all rules, regulations and orders promulgated or issued under this article;
(3) Receive financial and technical assistance from the federal government and other public or private agencies;
(4) Participate in related programs of the federal government, other states, interstate agencies or other public or private agencies or organizations;
(5) Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of administering requirements of this article;
(6) Maintain such records as may be required by the administrator pursuant to the federal act;
(7) Delegate the authority to carry out the duties as deemed appropriate for the purpose of administering requirements of this article;
(8) Establish and collect fees for the purpose of certifying or giving approval to any governmentally or privately owned laboratory desiring to perform laboratory analyses for water suppliers in a manner required by the board;
(9) Collect fees from any supplier of water willfully or negligently causing the board to perform extraordinary or repetitive inspections, a sum equivalent to that expended by the board for its performance of additional inspections; and
(10) Promulgate such regulations as are necessary or appropriate to carry out the purposes of this article.
(Acts 1977, No. 805, p. 1389, §21.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-52 - Penalties.

Section 22-23-52
Penalties.
A fine not to exceed $5,000.00 may be imposed by a court of competent jurisdiction on any person who violates Section 22-23-40, 22-23-41 or 22-23-47 or subdivision (1) or (2) of Section 22-23-48.
(Acts 1977, No. 805, p. 1389, §20; Acts 1986, No. 86-542, p. 1053, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23 - Waterworks and Water Supplies Generally. › Article 2 - Safe Drinking Water Act. › Section 22-23-53 - Public Nuisances.

Section 22-23-53
Public nuisances.
Anything done, maintained or suffered in violation of any of the provisions of this article shall be deemed to be a public nuisance and dangerous to health, and may be abated, summarily or otherwise, by the board in a manner prescribed by law.
(Acts 1977, No. 805, p. 1389, §22.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-1 - Definitions.

Section 22-23A-1
Definitions.
The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise:
(1) AUTHORITY. The corporation organized pursuant to the provisions of this chapter as a public corporation, agency and instrumentality of the state and known as the "Alabama Water System Assistance Authority."
(2) AUTHORIZING RESOLUTION. A resolution or order adopted by the board of directors of the authority authorizing the issuance of bonds by the authority pursuant to this chapter.
(3) BOARD OF DIRECTORS. The board of directors of the Alabama Water System Assistance Authority.
(4) BONDS. The "Water System Assistance Bonds," notes or obligations or other evidences of indebtedness issued by the authority under the provisions of this chapter.
(5) BOND PROCEEDS. The direct proceeds of sale of bonds or notes, and the income derived from the investment of such proceeds.
(6) COMMUNITY WATER SYSTEM. A public water system as defined in Section 22-23-31(12).
(7) DEPARTMENT. The Department of Economic and Community Affairs or any successor.
(8) PROJECT(S). Research and development, site purchase and preparation, initial construction, expansion or renovation of water supply facilities.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-2 - Legislative Intent.

Section 22-23A-2
Legislative intent.
It is the intent of the Legislature acting by and through the authority and the department to aid, assist and coordinate existing community water systems in locating, developing and sustaining adequate potable water supplies for the citizens of this state and to this end to authorize the incorporation of a state authority with power and authority to issue water system assistance bonds, as may be necessary, from time to time, to finance community water system projects. Further it is the intent of the Legislature that community water systems shall not be required to participate in programs authorized by this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-3 - Alabama Water System Assistance Authority; Created; Members.

Section 22-23A-3
Alabama Water System Assistance Authority; created; members.
The Governor, the Director of the Department of Economic and Community Affairs, the Director of Finance, one member of the House of Representatives appointed by the Speaker, and one member of the Senate appointed by the Lieutenant Governor may become a public corporation to be known as the Alabama Water System Assistance Authority with the power and authority hereinafter provided, by proceeding according to the provisions of this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §3; Act 2018-152, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-4 - Water Supply Assistance Fund Established; Deposits; Expenditures; Investments.

Section 22-23A-4
Water Supply Assistance Fund established; deposits; expenditures; investments.
There is hereby established a special fund within the State Treasury to be known as the "Water Supply Assistance Fund." Proceeds from the sale of bonds issued by the authority shall be deposited in this special "Water Supply Assistance Fund." Money in such fund shall be expended in accordance with adopted regulations and policies of the authority and may be used to provide a loan or loans for community water system supply projects or to refinance debt of community water systems or to secure principal and interest on bonds issued by the authority. Money not currently needed for the operation of the Water Supply Assistance Fund may be invested, from time to time, by the board and all interest earned on such investments shall be credited to the Water Supply Assistance Fund.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-6 - Powers of Authority.

Section 22-23A-6
Powers of authority.
(a) The authority shall have the following powers, among others specified by this chapter:
(1) To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid;
(2) To sue and be sued and to prosecute and defend, at law and in equity, in any court having jurisdiction of the subject matter and of the parties thereto;
(3) To have and to use a corporate seal and to alter such seal at pleasure;
(4) To establish a fiscal year;
(5) To construct and operate or lease to or from any community water system;
(6) To execute agreements effectively obligating the authority to agree to pay and to pay such portion of the estimated reasonable cost of the project of each community water system as may be required to meet the water supply goals of the state;
(7) To issue bonds or other obligations provided such proceeds are deposited in a special "Water Supply Assistance Fund" within the State Treasury;
(8) To enter into such agreements in connection with the sale of its bonds as the board shall determine, including arrangements for letters of credit, bond insurance or other credit enhancement devices, provided that no such arrangement shall obligate funds of the authority other than as provided in this chapter;
(9) To appoint and employ such attorneys, financial advisors, agents and employees as the business of the authority may require; and
(10) To promulgate and establish guidelines and procedures relating to loans or grants by the authority including but not necessarily limited to limits on the amounts of such loans or grants and eligibility requirements for such loans or grants.
(b) The authority shall use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards.
(c) The Governor shall deliver an annual report of the authority to the Legislature.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-7 - Bonds - Authorization to Issue and Sell; Security for Payment.

Section 22-23A-7
Bonds - Authorization to issue and sell; security for payment.
For the purpose of providing funds for the authority to make loans to community water systems for a project or projects, or to refinance debt of community water systems or for the payment of obligations incurred or temporary loans made for any of said purposes, the authority is hereby authorized, from time to time, to issue and sell its bonds or other evidences of indebtedness. Such bonds may be issued in one or more series; shall be in such form and denominations and of such terms and maturities, not exceeding 35 years from the date of issue of each series; shall bear such rate or rates of interest, payable and evidenced in such manner; may contain such provisions for registration or for redemption prior to maturity; and may contain such other provisions not inconsistent herewith, all as may be provided by the authorizing resolution. As security for the payment of the principal of and interest on its bonds, the authority is authorized to pledge, transfer and assign any obligations of each community water system, payable to the authority and the security for such obligation.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-8 - Bonds - Procedure for Sale.

Section 22-23A-8
Bonds - Procedure for sale.
The bonds and other evidences of indebtedness of the authority may be sold at such time or times as the board of directors may deem advantageous. The bonds shall be sold by competitive sale unless because of market conditions and/or credit structures such a sale would be disadvantageous to the state. In the event such a determination is made by the board of directors, the bonds shall be sold through a negotiated sale and the managing underwriter(s) shall be selected based on criteria, which shall include but not be limited to, experience, ability, responsiveness, and fee structure. Said criteria shall be established by the board of directors and shall be included in a request for proposals for the managing underwriter(s). Bonds sold at public sale shall be awarded to the bidder whose bid reflects the lowest true interest cost to the authority for the bonds being sold, computed to their respective absolute maturities; provided, that if no bid acceptable to the authority is received, it may reject all bids and readvertise. Notice of any public sale shall be given by such publication or by such distribution of notices of sale or both, as the board of directors may determine subject to state law. The authority may pay from the proceeds of the sale of its bonds all expenses, including publication and printing charges, attorney's fees, financial advisory fees, and other expenses which the board of directors may deem necessary or advantageous in connection with the authorization, advertisement, sale, execution and issuance thereof.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-9 - Loans in Anticipation of Bond Issuance; Refund of Local Funds Provided by Community Water System.

Section 22-23A-9
Loans in anticipation of bond issuance; refund of local funds provided by community water system.
In anticipation of the issuance of bonds, the authority may borrow such sums as may be needed for any of the aforesaid purposes and to obligate itself by certificate or promissory note, bearing interest at a rate or rates to be specified by the authority, and maturing within 18 months from the date of such certificate or promissory note. Such certificates or promissory notes shall be payable solely from the proceeds of the bonds of the authority and from the funds from which such bonds are payable. In the event that authority funds are not available for a loan for a project when application is made, in order to accelerate the completion of any project, a community water system may, with the approval of the authority, obligate such community water system to provide local funds to pay that portion of the cost of the project which the authority will make available by loan, and the authority shall refund the amount expended on its behalf by such water system.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-10 - Refunding Bonds.

Section 22-23A-10
Refunding bonds.
The authority may, from time to time, issue and sell its refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority at the time outstanding and any premiums necessary to be paid to redeem any bonds so to be refunded. The holders of such refunding bonds shall be subrogated and entitled to all priorities, rights and pledges to which the bonds refunded thereby were entitled.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-12 - Investment in Bonds of Authority.

Section 22-23A-12
Investment in bonds of authority.
The State Treasurer may invest any idle or surplus moneys of the state in bonds of the authority. The governing body of any county or municipality is authorized in its discretion to invest any idle or surplus money held in its treasury in bonds of the authority. Such bonds shall be legal investments for executors, administrators, trustees and other fiduciaries, unless otherwise directed by the court having jurisdiction of the fiduciary relation or by the document that is the source of the fiduciary's authority, and for savings banks and insurance companies organized under the laws of the state.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-13 - Taxation Exemption.

Section 22-23A-13
Taxation exemption.
All bonds or other indebtedness of the authority and the coupons applicable thereto and the income therefrom and all projects or parts thereof and all assets of the authority shall be forever exempt from any and all taxation in the state.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-14 - Interest Exemption.

Section 22-23A-14
Interest exemption.
All securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation, the provisions of Chapter 8 of Title 8.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §14.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-15 - Purpose of Chapter.

Section 22-23A-15
Purpose of chapter.
This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. Except as expressly provided in this chapter, no proceeding, notice or approval shall be required for the incorporation of the authority, the purchase of any loans or the making of any loan to a community water system, the issuance of any bonds, or the exercise of any other of its powers by the authority.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §15.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-16 - Bonds and Coupons Deemed Negotiable Instruments.

Section 22-23A-16
Bonds and coupons deemed negotiable instruments.
All bonds issued by the authority, while registered, shall be construed to be negotiable instruments even though they are payable from a limited source. All coupons applicable to any bonds issued by the authority, while the applicable bonds are registered as to both principal and interest, shall likewise be construed to be negotiable instruments although payable from a limited source.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §16.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23A - Alabama Water System Assistance Authority. › Section 22-23A-17 - Bonds, Notes and Certificates Not Debt of State.

Section 22-23A-17
Bonds, notes and certificates not debt of state.
All bonds, notes and certificates issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the revenues, income, fees or charges which may pursuant to the provisions of this chapter, be pledged to the payment thereof, and no such bonds, notes or certificates shall create an obligation or debt of the state.
(Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §17.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-4 - Alabama Drinking Water Finance Authority.

Section 22-23B-4
Alabama Drinking Water Finance Authority.
The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department and the Director of Finance may become a public corporation to be known as the Alabama Drinking Water Finance Authority with the power and authority hereinafter provided, by proceeding according to the provisions of this chapter.
(Acts 1997, No. 97-415, p. 687, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-6 - Alabama Drinking Water Finance Authority - Powers.

Section 22-23B-6
Alabama Drinking Water Finance Authority - Powers.
(a) The authority shall have the following powers, among others specified by or required to implement the provisions of this chapter:
To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid;
To sue and be sued and to prosecute and defend, at law and in equity, in any court having jurisdiction of the subject matter and of the parties thereto;
To have and to use a corporate seal and to alter such seal at pleasure;
To establish a fiscal year;
To acquire in any manner and to hold title to or leasehold interests in real and personal property and to sell, convey or lease the same for purpose of carrying out its functions and duties hereunder;
To construct and operate or lease to or from any public body any one or more projects;
To execute agreements obligating the authority to agree to pay and to pay such portion of the estimated reasonable cost of the project of each public body as may be required to meet the requirements of the federal act and the state;
To make loans to public bodies and to enter into agreements with public bodies deemed necessary by the authority;
To issue bonds or other obligations;
To enter into such agreements in connection with the sale of its bonds as the board shall determine, including arrangements for letters of credit, bond insurance or other credit enhancement devices, provided that no such arrangement shall obligate funds of the authority other than as provided in this chapter;
To appoint and employ such banks, attorneys, financial advisors, agents and employees as the business of the authority may require; and
To obligate the authority to make payments to the United States of America necessary to cause bonds of the authority to be and remain exempt from federal income taxation.
(b) The authority shall use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards.
(Acts 1997, No. 97-415, p. 687, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-8 - Funding of a Loan.

Section 22-23B-8
Funding of a loan.
(a) In order to provide for the funding of a loan by the authority for a project to the public body, such public body shall, to the extent required by the authority as a condition precedent to the making of a loan, establish a dedicated source of revenue to repay the moneys received from the authority and to provide for operation, maintenance and equipment replacement expenses. Such public body is hereby authorized and empowered, any existing statute to the contrary notwithstanding, to do and perform any one or more of the following:
To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide bond debt service with respect to the bonds of the authority issued to fund the loan for such project;
To levy, collect and pay over to the authority and to obligate itself to continue to levy, collect and pay over to the authority the proceeds of any one or more of the following:
Any fee or charge for services from any one or more utility systems owned by such public body;
Any licenses, permits, taxes and fees;
Any special assessment on the property drained, served or benefitted by the project; and
Other revenue available to the public body;
To undertake and obligate itself to pay its contractual obligation to the authority solely from the proceeds from any one or more of the sources specified in subparagraph (2) above, or to impose upon itself a general obligation pledge to the authority additionally secured by a pledge of any one or more of such sources;
To obligate itself to continue to levy and collect such revenues, fees and charges in such amounts as shall be required by the authority;
As evidence of its obligation to repay any loan made by the authority, to issue its bonds, warrants or other obligations; and
To enter into such agreements, to perform such acts and to delegate such functions and duties as its governing body shall determine to be necessary or desirable to enable the authority to fund a loan to the public body to aid it in the construction or acquisition of a project.
(b) In the event of default, the authority may cause all principal and interest on any loan to be immediately due and payable and utilize all available remedies under state law.
(c) All loans made by the authority shall provide that repayment of such loans shall begin not later than one year after completion of construction of the project for which such loan was made and shall be repaid in full no later than 20 years after completion of such construction. The repayment period may be extended as required or permitted by the federal act so long as such extended repayment period does not exceed the expected design life of the project.
(d) The recipients of loans shall maintain project accounts in accordance with generally accepted government accounting standards.
(Acts 1997, No. 97-415, p. 687, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-9 - Signature; Seal.

Section 22-23B-9
Signature; seal.
The bonds of the authority shall be signed by its president or vice-president and attested by its secretary, and the seal of the authority shall be affixed thereto; provided, that a facsimile of the signatures of said officers may be printed or otherwise reproduced on any such bonds in lieu of manual signatures thereon, and a facsimile of the seal of the authority may be printed or otherwise reproduced on any such bonds in lieu of being manually affixed thereto.
(Acts 1997, No. 97-415, p. 687, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-10 - Usury Exemption.

Section 22-23B-10
Usury exemption.
All notes, bonds or other securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation, the provisions of Chapter 8 of Title 8.
(Acts 1997, No. 97-415, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-11 - Taxation Exemption.

Section 22-23B-11
Taxation exemption.
All bonds at any time issued by the authority and the income therefrom shall be exempt from all taxation in the state.
(Acts 1997, No. 97-415, p. 687, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-12 - Capitalization Grant Agreements, Operating Agreements, Etc.

Section 22-23B-12
Capitalization grant agreements, operating agreements, etc.
The department is hereby authorized to enter into capitalization grant agreements, operating agreements and other arrangements required by the federal act as a condition precedent to the receipt of funds under the federal act. The department shall have full and continuing power to do all things necessary to be and remain in compliance with the provisions of the federal act necessary to cause the state to receive assistance under the federal act.
(Acts 1997, No. 97-415, p. 687, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-13 - Legislative Intent.

Section 22-23B-13
Legislative intent.
This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. No proceeding, notice or approval shall be required for the incorporation of the authority, the purchase or making of any loan, the issuance of any bonds, or the exercise of any other power by the authority.
(Acts 1997, No. 97-415, p. 687, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 23B - Alabama Drinking Water Finance Authority. › Section 22-23B-14 - Construction.

Section 22-23B-14
Construction.
This chapter is remedial in nature and shall be liberally construed to effect its purposes.
(Acts 1997, No. 97-415, p. 687, §14.)
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 22-24-1 - Definitions.

Section 22-24-1
Definitions.
For the purpose 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) DIRECTOR. The Director of the Alabama Department of Environmental Management.
(3) DRILL. To drill or redrill, bore, auger, dig or otherwise construct a water well.
(4) DRILLER. Any person who manages or supervises the drilling of a water well.
(5) LOG. A record of the type of material or rock penetrated in the drilling of a water well.
(6) PERSON. Any individual, organization, group, association, partnership, corporation or any combination of them operating a business to drill water wells.
(7) SAMPLE. Cuttings or other fragments of rock or soil materials removed from the well.
(8) WELL. A hole drilled for the production of water.
(Acts 1971, No. 1516, p. 2630, §1; 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 22-24-2 - Applicability of Chapter.

Section 22-24-2
Applicability of chapter.
It is the intent of the Legislature that this chapter applies solely to wells drilled for the production of water and has no application to wells or holes drilled, augered, cored or dug for quarry blast holes or mineral prospecting or any purpose other than water production.
(Acts 1971, No. 1516, p. 2630, §3.)
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 22-24-3 - Promulgation and Enforcement of Rules and Regulations.

Section 22-24-3
Promulgation and enforcement of rules and regulations.
The board is authorized and directed to make, promulgate and publish such rules and regulations as it deems reasonable and necessary to effectuate and carry out the purpose and provisions of this chapter, and a true copy of such rules and regulations shall be kept on file with the Secretary of State and copies thereof shall be made available for public distribution. The board shall cause all rules and regulations it promulgates to be enforced.
(Acts 1971, No. 1516, p. 2630, §2; Acts 1980, No. 80-138, p. 206, §4; Acts 1982, No. 82-612, p. 1111, §14(a)(5).)
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 22-24-4 - Supervision of Drilling or Repair by Licensed Driller.

Section 22-24-4
Supervision of drilling or repair by licensed driller.
It shall be unlawful for any person to operate any equipment or machinery in the drilling or repair of a water well unless the overall operation is, at all times, under the supervision and management of a licensed water well driller as provided for in this chapter.
(Acts 1971, No. 1516, p. 2630, §6.)