reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 29 - Pollution Control Finance Authority. › Section 22-29-21 - Grants to Local Public Bodies - Powers of Local Public Bodies.

Section 22-29-21
Grants to local public bodies - Powers of local public bodies.
In order to provide for the funding of the grant by the authority for a project to the local public body, such local 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:
(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide bond service charges with respect to the bonds of the authority issued to fund the grant for such project.
(2) 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:
a. Any sewer or waste disposal service fee or charge;
b. Any privilege or license tax; or
c. Any special assessment on the property drained, served or benefited by the project.
(3) 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 paragraphs a, b or c of subdivision (2) of this section or to impose upon itself a general obligation indebtedness to the authority additionally secured by a pledge of any one or more of such sources.
(4) To levy and collect and to obligate itself to continue to levy and collect for the use of the sewer system or disposal facilities or the project such fees and charges in addition to all other fees and charges as shall equal 125 percent of the maximum principal and interest maturing and coming due in any one year on the bonds issued by the authority to fund a grant for the project and to pay over such fees and charges to the State Treasurer for the account of such bonds.
(5) To retain as its expenses for collecting such fees and charges from the users of such system or disposal facilities or project a charge not exceeding five percent of the total collected therefrom; to delegate the collection of such fees and charges to any agency which collects sewer or water service charges in the local public body and to pay as compensation for the services to such agency all or any part of such five percent.
(6) 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 grant to the local public body to aid it in the construction or acquisition of a project.
(Acts 1971, No. 42, p. 279, §17.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 29 - Pollution Control Finance Authority. › Section 22-29-22 - Taxation Exemption.

Section 22-29-22
Taxation exemption.
All bonds 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 1971, No. 42, p. 279, §19.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 29 - Pollution Control Finance Authority. › Section 22-29-23 - Dissolution.

Section 22-29-23
Dissolution.
When all bonds issued by the authority and all obligations made or assumed by it under the provisions of this chapter shall have been paid in full, the then officers and directors of the authority shall at such time file with the Secretary of State a written statement, subscribed and sworn to by each of them, reciting the payment in full of all such bonds and obligations. Such statement shall be filed with the Secretary of State and recorded with the certificate of incorporation of the authority, and thereupon, the authority shall stand dissolved. Any property owned by the authority but leased to a local public body shall become the property of such local public body and any property owned by the authority and not leased to any local public body shall become the property of the state.
(Acts 1971, No. 42, p. 279, §23.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-1 - Short Title.

Section 22-30-1
Short title.
This chapter may be cited as the "Hazardous Wastes Management and Minimization Act."
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §1; Acts 1987, No. 87-807, p. 1590, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-2 - Legislative Findings; Purpose and Intent of Chapter.

Section 22-30-2
Legislative findings; purpose and intent of chapter.
The Legislature finds that the generation and management of hazardous waste is a continuing problem. Further, that without adequate safeguards, the generation, transportation, treatment, storage and disposal of such wastes can create conditions which threaten human health or the environment. The Legislature, therefore, declares that in order to minimize and control any such hazardous conditions, it is in the public interest to establish and to maintain a statewide program, administered by the Alabama Department of Environmental Management, to provide for the safe management of hazardous wastes.
It is the intent of the Legislature that the Alabama Department of Environmental Management seek and retain authorization to operate the State Hazardous Waste Management Program. It is also the intent of the Legislature that the rules, regulations, guidelines and criteria promulgated under authority of this chapter encourage the minimization of hazardous waste generation, transportation and land disposal and that if necessary, to achieve consistency with the Federal Hazardous Waste Management Program, the rules, regulations, guidelines and criteria promulgated under authority of this chapter may ban or limit certain hazardous waste management technologies or the application of certain hazardous waste management technologies to specified wastes.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §2; Acts 1987, No. 87-807, p. 1590, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-5.2 - Construction of Provisions.

Section 22-30-5.2
Construction of provisions.
The provisions of Section 22-30-5.1 are to be construed in pari materia with the provisions of the Southeast Interstate Low-Level Radioactive Waste Management Compact, Section 22-32-1 et seq. If any provision of this section shall be held to be inconsistent with any provision of said compact, the provisions of said compact shall govern.
(Acts 1988, No. 88-266, p. 422, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-6 - State Department to Regulate and Supervise Storage, Disposal, etc., Sites.

Section 22-30-6
State Department to regulate and supervise storage, disposal, etc., sites.
The operation of any and all sites for the storage, treatment or disposal of hazardous wastes shall be under the direct regulation and supervision of the department and shall be in accordance with rules and regulations promulgated and enforced by the department to protect human health or the environment.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §6; Acts 1987, No. 87-807, p. 1590, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-9 - General Responsibilities of State Department.

Section 22-30-9
General responsibilities of State Department.
The responsibilities of the department include the following:
(1) The department may adopt procedures for granting variances and is empowered to grant such variances.
(2) The department, acting through the commission, may promulgate, and may revise when appropriate, rules and regulations and may enter into agreements to ensure that information obtained by the department regarding facilities and sites for the treatment, storage and disposal of hazardous waste is available to the public in substantially the same manner, and to the same degree, as would be the case under the Federal Hazardous Waste Management Program administered by the United States Environmental Protection Agency under authority of the RCRA and shall establish procedures to ensure that trade secrets used by any person regarding methods of hazardous wastes handling and disposal are utilized by the department, or any authorized representative of the department, only in connection with the responsibilities of the department pursuant to this chapter, and that such trade secrets are not otherwise disseminated by the department or any authorized representative of the department without the express written consent of the affected person.
(3) The department shall take all appropriate measures to monitor and enforce rules and regulations pertaining to hazardous waste generation, transportation, treatment, storage, and disposal.
(4) The department shall maintain records and, through a system of record keeping, tabulate the volume, nature and location of hazardous wastes generated, transported, treated, stored or disposed of within the state.
(5) The department is authorized to seek and to receive federal funds, grants and services applicable for Hazardous Wastes Management Programs.
(6) The department shall establish procedures for the evaluation and coordination of research and development regarding methods of hazardous waste transportation, storage, treatment and disposal, and may enter into contracts in order to conduct appropriate studies relating to hazardous wastes.
(7) The department shall promulgate regulations for the transportation of hazardous wastes that are consistent with the requirements of the Hazardous Materials Transportation Act, 49 U.S.C. §1802 et seq., and the regulations promulgated thereunder.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §9; Acts 1987, No. 87-807, p. 1590, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-10 - Development and Revision of Criteria for Determining Hazardous Wastes.

Section 22-30-10
Development and revision of criteria for determining hazardous wastes.
(a) The department, acting through the commission, shall promulgate and revise criteria for identifying hazardous waste.
(b) When developing these criteria, the department shall determine whether the concentrations being disposed of present immediate or persistent toxic hazards to human health or the environment, or the resistance of such wastes to natural degradation or detoxification and/or whether such wastes are bioconcentrative, ignitable, reactive, toxic, irritating, corrosive or infectious in addition to any hazardous characteristics.
(c) The department shall compile, and revise from time to time thereafter, a listing of solid wastes which have been determined to be hazardous by using these criteria. Unless specifically excluded, all solid wastes identified as hazardous by application of the criteria are hazardous wastes and must be managed in accordance with this chapter and the regulations promulgated under authority of this chapter.
(d) In developing the criteria the department shall, to the extent feasible, consider actions taken by contiguous states and the federal government for the development and application of uniform criteria.
(e) The department shall exclude from regulation under this act such solid wastes and processes producing solid wastes as are excluded from regulation by the RCRA or the regulations promulgated under authority of the RCRA.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §10; Acts 1987, No. 87-807, p. 1590, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-15 - Regulations as to Transporters.

Section 22-30-15
Regulations as to transporters.
Subject to Section 22-30-21, the department, acting through the commission, is authorized to promulgate regulations establishing such standards, applicable to transporters of hazardous waste identified or listed under this chapter, as may be necessary to protect human health or the environment. Such standards shall include but not be limited to the following:
(1) Unless exempted from regulation by this chapter or rules promulgated under authority of this chapter, obtaining a permit from the department;
(2) Completing the manifest form in conjunction with the generator;
(3) Assuring that all hazardous wastes are transported to the permitted or interim status hazardous waste treatment, storage facility or disposal facility or alternate facility designated on the manifest or, if rejected by such facility, returned to the generator;
(4) Maintaining records of hazardous waste transported, and their source and delivery points; and
(5) Transporting such waste only if properly labeled.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §15; Acts 1984, No. 84-50, §1; Acts 1987, No. 87-807, p. 1590, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-15.1 - Penalty for Violation of Safety and Hazardous Materials Regulations.

Section 22-30-15.1
Penalty for violation of safety and hazardous materials regulations.
Repealed by Act 98-493, p. 952, §5, effective August 1, 1998.
(Acts 1987, No. 87-606, p. 1055, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-17 - Manifest.

Section 22-30-17
Manifest.
(a) The department shall develop and, acting through the commission, promulgate a manifest.
(b) A manifest shall be required to accompany transportation, for off-site storage, treatment or disposal of hazardous waste, provided, however, that regarding bulk shipments by rail or water, a shipping paper may be substituted for the manifest if the shipping paper meets the requirements set out in the rules and regulations promulgated under this chapter. The manifest shall be originated by the hazardous waste generator and shall identify the hazardous waste transported, the quantity of such waste, and such other information as the department may require.
(c) A copy of each complete manifest shall be forwarded monthly to the department by owners or operators treating, storing or disposing of hazardous wastes received from off-site.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §17; Acts 1984, No. 84-50, p. 57, §1; Acts 1987, No. 87-807, p. 1590, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-18 - Reporting of Wastes Generated; When Reports Deemed Trade Secrets.

Section 22-30-18
Reporting of wastes generated; when reports deemed trade secrets.
Every generator, transporter, and owner and operator of a treatment, storage or disposal facility of hazardous wastes shall establish and maintain such records for a three-year period, make such reports and furnish such information pertaining to the generation, transportation, treatment, storage or disposal of said waste, and install, use and maintain such monitoring equipment or methods, sample such wastes, materials, soils or waters, in accordance with such methods and procedures, at such locations and times, as the department shall require. The retention period for all records required to be maintained by this chapter or rules and regulations promulgated under this chapter is automatically extended during the period of any unresolved enforcement action regarding the facility or as requested by the department. Any records, reports or information obtained under this chapter shall be available to the public; except, that upon a showing satisfactory to the department by the person submitting the records, reports or information that the records, reports or information, or a particular part thereof, other than manifests and reports showing the quantities and characteristics of hazardous wastes generated, transported, treated, stored or disposed by any person, to which the department has access, if made public, would divulge production or sales figures or methods, processes or production unique to such person or would otherwise tend to affect adversely the competitive position of such person by revealing trade secrets, the department shall consider such record, report or information, or a particular part thereof, confidential in the administration of this chapter. If the department denies a request for information and the requester substantially prevails on judicial review, the court may award reasonable attorney fees, and other litigation costs reasonably incurred, to the requester. Nothing herein shall be construed to prevent disclosures of any such reports, records or information to federal, state or local representatives as necessary for the purposes of the administration of any federal, or state hazardous waste control laws or when relevant in any proceeding under such laws.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §18; Acts 1984, No. 84-50, p. 57, §1; Acts 1985, No. 85-751, p. 1244, §1; Acts 1987, No. 87-807, p. 1590, §14.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-20 - Administration of Chapter.

Section 22-30-20
Administration of chapter.
To carry out the provisions and purposes of this chapter, the department is authorized and empowered to:
(1) Perform any and all acts necessary to carry out the purposes and requirements of this chapter relating to the promulgation and enforcement of criteria, standards, rules and regulations;
(2) Administer and enforce the provisions of this chapter and all rules and regulations and orders promulgated or issued hereunder;
(3) Enter into agreements, contracts or cooperative arrangements, under such terms and conditions as the department deems appropriate, with other state, federal or interstate agencies, local government units, political subdivisions, educational institutions or other organizations or persons;
(4) Receive financial and technical assistance from the federal government and other public or private agencies;
(5) Participate in related programs with the federal government, other states, interstate agencies or other public or private agencies or organizations;
(6) 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 this chapter;
(7) Maintain such records under such conditions as may be required to fulfill the provisions of this chapter;
(8) Delegate those responsibilities and duties as deemed appropriate for the purpose of administering the requirements of this chapter;
(9) Acting through the commission, promulgate such rules and regulations as are necessary and appropriate to carry out the purposes of this chapter;
(10) Issue such orders as are necessary to carry out the purposes of this chapter; and
(11) Enter upon, during reasonable hours, all generation, transportation, treatment, storage or disposal facilities owned or operated by persons subject to this chapter to inspect, monitor or observe such generation, transportation, treatment, storage or disposal facilities.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §20; Acts 1987, No. 87-807, p. 1590, §16.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-21 - Certain Transporters Exempted From Applicability of Chapter.

Section 22-30-21
Certain transporters exempted from applicability of chapter.
The provisions of this chapter shall apply to transporters regulated under the provisions of P.L. 91-458, enacted by the congress of the United States, October 16, 1970; provided, however, such transporters shall be subject only to standards equivalent to and no more stringent than standards in the Resource, Conservation and Recovery Act of 1976, as amended, 42 U.S.C. §6901 et seq., or regulations promulgated thereunder.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §21; Acts 1984, No. 84-50, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30 - Hazardous Wastes Management. › Section 22-30-24 - Chapter Supplemental.

Section 22-30-24
Chapter supplemental.
This chapter is intended to supplement existing law, and no part thereof shall be construed to repeal any existing laws enacted for the protection of the public health, the protection, maintenance and improvement of the quality of public water supplies or the control of radiation.
(Acts 1978, 2nd Ex. Sess., No. 129, p. 1843, §24.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-1 - Legislative Findings; Purpose and Intent of Chapter.

Section 22-30A-1
Legislative findings; purpose and intent of chapter.
The Legislature finds that hazardous substances have been treated, stored or disposed of at sites which are inactive or abandoned and that such sites have the potential for deleterious impacts on groundwater, human health or the environment. The Legislature, therefore, declares that it is in the public interest to assure that such sites are identified and that action is taken to provide for the cleanup and rehabilitation of such sites within the State of Alabama. The Legislature intends that funds provided under this chapter be used primarily to clean up and rehabilitate sites not qualified for or unlikely to receive funding under the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.) but that the funds provided under this chapter may also be used to provide state matching funds for cleanups and for operation and maintenance of sites which have completed cleanup under the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980.
(Acts 1988, 1st. Ex. Sess., No. 88-859, p. 348, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-3 - Alabama Hazardous Substance Cleanup Fund Established; Appropriations.

Section 22-30A-3
Alabama Hazardous Substance Cleanup Fund established; appropriations.
(a) There is hereby established within the State Treasury a special revenue fund to be known as the Alabama Hazardous Substance Cleanup Fund. All federal grants, state appropriations, penalties, reimbursements and any other funds collected pursuant to this chapter are hereby appropriated for the purposes provided for in this chapter and shall be deposited into said fund. Any funds remaining in the Alabama Hazardous Substance Cleanup Fund at the end of any fiscal year shall not revert to the General Fund but shall remain in said fund and is hereby reappropriated until expended in accordance with the provisions of this chapter.
(b) There is hereby appropriated from the State General Fund for the fiscal year ending September 30, 1989, the amount of $100,000.00 for the start-up and administrative costs necessary to implement this chapter and for inactive or abandoned hazardous substance site cleanup costs.
(c) In addition to the appropriations heretofore made, there is hereby conditionally appropriated from the State General Fund for the fiscal year ending September 30, 1989, the sum of $500,000.00 to be used solely for the purpose of cleanup operations of abandoned or inactive hazardous substance sites, reimbursement to the fund for moneys expended by the department for cleanup of such sites, and as matching funds to allow cleanups and operation and maintenance of sites which have completed cleanup under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §9601 et seq.), such funds to be released to the fund on a project-by-project basis, conditioned upon the availability of funds in the State General Fund, the recommendations of the finance director, and the approval by the Governor.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-4 - Powers of Department; Use of Fund.

Section 22-30A-4
Powers of department; use of fund.
(a) In relation or addition to the powers set forth in this section and any other provisions of laws of this state, the department is empowered, with regard to the regulation, control, or removal of hazardous substances as follows:
(1) To respond to, direct, or initiate cleanup of inactive or abandoned hazardous substance sites;
(2) To conduct or contract for professional technical data gathering and analysis and damage assessment;
(3) To conduct or contract for the removal or containment of hazardous substances where there has been or is a potential for release, regardless of quantity or concentration; and
(4) Acting through the provisions of Sections 22-22A-5 and 22-22A-8 issue such rules and regulations as are necessary to carry out the provisions of this chapter.
(b) The fund shall be available to the department for expenditures for the purpose of providing for the identification, investigation, and for the containment and cleanup, including monitoring and maintenance of inactive or abandoned hazardous substance sites within the state as provided in this chapter, and as follows:
(1) Moneys from the fund may be used only for cleanup of inactive or abandoned hazardous substance sites which at the time cleanup activities commence do not appear on the most current national priorities list (NPL) of the United States Environmental Protection Agency as developed under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") 42 U.S.C. §9601 et seq. unless,
(2) The moneys are intended to provide the state's share of matching funds for cleanup of a CERCLA site on the NPL.
(c) The department may enter into such contracts and use the fund for those purposes directly associated with identification, investigation, containment and cleanup, including monitoring and maintenance, prescribed above including:
(1) Hiring of consultants and personnel;
(2) Purchasing, leasing or renting of necessary equipment; and/or
(3) Paying other necessary expenses.
(d) The fund shall not be used for hiring personnel for continuing programs of the department not directly related to the purpose of this chapter or for ongoing research activities not directly related to the purpose of this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-6 - Scope of Cleanup Plan; Factors Considered.

Section 22-30A-6
Scope of cleanup plan; factors considered.
In determining the scope, nature and content of a hazardous substance cleanup plan the director shall evaluate reasonable alternatives and select or approve those actions which he determines are necessary to protect human health and the environment. The goal of any pertinent action shall be cleanup and containment of the site through the elimination of the threat to the human health and the environment posed by the hazardous substance. In choosing the necessary action at each site, the director shall consider the following factors:
(1) The technological feasibility of each alternative;
(2) The cost estimate of each alternative;
(3) The quantity of hazardous substances present, their toxicity and mobility and the risk of harm to the environment. This factor shall not require the director to make a detailed analytical and scientific study of the site prior to choosing or approving the selected alternative, however, the director shall make a good faith effort to generally determine this information to aid his choice of alternative actions.
(4) The capability of the selected alternative to protect human health and the environment.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-7 - Annual Report; to Whom Transmitted.

Section 22-30A-7
Annual report; to whom transmitted.
(a) The director shall, on or before January 1, 1989, and annually thereafter on January first of each succeeding year, transmit an updated annual report to the commission, the Legislature, and the Governor. Each annual report shall include, but need not be limited to, the following information for each site:
(1) A general description of the site, including the name and address of the site, the type and quantity of the hazardous substance disposed of at the site if known, and the name of the current owners of the site and any known potentially liable parties;
(2) A summary of any significant environmental problems at and near the site; the site's proximity to public or private drinking water supplies, or other water supplies;
(3) The clear identification of the site on a map;
(4) The status of any testing, monitoring or remedial actions in progress or recommended by the director;
(5) The status of any pending legal and administrative actions and any federal, state or local government permits concerning the site;
(6) The proximity of the site to private residences, public buildings or property, school facilities, places of work or other areas where individuals may be regularly present;
(7) All costs incurred pursuant to the implementation of this chapter by the department or any other party; and
(8) Estimated future costs to be incurred pursuant to the implementation of this chapter by the department or any other party.
(b) The director shall also transmit a copy of the annual report to each potentially liable party identified in the annual report.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-9 - Liability for Actions Taken or Omitted Under Chapter.

Section 22-30A-9
Liability for actions taken or omitted under chapter.
No action may be commenced against the director, any employee of the department, or any person under contract with the department for damages as a result of actions taken or omitted in the course of performing duties or functions under this chapter or in the course of rendering care, assistance, or advice at the direction of an on-scene coordinator appointed by the director, with respect to the cleanup of an abandoned or inactive hazardous substance site including any release of a hazardous substance or the threat thereof.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-10 - Right to Enter Property.

Section 22-30A-10
Right to enter property.
The director or his designee shall have the right at reasonable times to enter upon any property upon which a known or suspected inactive or abandoned hazardous substance site is located and any other property which must be entered to have access to the site or to perform or cause to be performed all actions necessary to carry out the provisions of this chapter. Entry shall be construed as an exercise of the police power and shall not be construed as an act or condemnation of property or of trespass.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30A - Alabama Hazardous Substance Cleanup Fund. › Section 22-30A-11 - Violations of Chapter; Civil Penalties.

Section 22-30A-11
Violations of chapter; civil penalties.
(a) It shall be a violation of the provisions of this chapter for any liable party to:
(1) Violate any provision of or time period set forth in any administrative order issued by the director;
(2) Destroy or conceal any records relating to hazardous substances or abandoned or inactive sites, except where a liable party can demonstrate that any destruction of record was done in the ordinary course of its business;
(3) Violate any settlement or consent agreement entered into pursuant to or in anticipation of an administrative order issued by the director, or pursuant to or in anticipation of any civil action initiated under the provisions of this chapter.
(b) Civil penalties as provided for in this chapter may be assessed either by administrative order or civil action.
(Acts 1988, 1st Ex. Sess., No. 88-859, p. 348, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-1 - Definitions.

Section 22-30B-1
Definitions.
When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings:
(1) COMMERCIAL SITE FOR THE DISPOSAL OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES. A site or facility receiving hazardous waste or hazardous substances, as defined herein, not generated on site, for disposal and to which a fee is paid or other consideration given for such disposal.
(2) DISPOSAL. The discharge, deposit, injection, dumping, spilling, incineration, leaking or placing of any waste or substance into or on any land or water so that such waste or substance or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters including groundwaters at a commercial site within the State of Alabama for the disposal of hazardous waste or hazardous substances as defined herein. For the purpose of this chapter incineration does not include hazardous substances or waste that have been blended for use as a fuel in conformance with state and federal requirements.
(3) HAZARDOUS SUBSTANCE(S). Any substance defined as a hazardous substance pursuant to 42 U.S.C. §9601(14), as amended, or listed as a hazardous waste pursuant to Section 22-30-10.
(4) HAZARDOUS WASTE(S). Those wastes defined at Section 22-30-3(5), or listed pursuant to Section 22-30-10, or department regulations.
(5) OPERATOR. Any person, firm, or corporation owning or operating such facility or site.
(6) TON. A short ton of 2,000 pounds.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §1; Acts 1990, No. 90-326, p. 448, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-2 - Operator Fees.

Section 22-30B-2
Operator fees.
In addition to all other fees levied and collected prior to September 30, 1992, beginning on June 1, 2013, there is hereby levied fees on waste received for disposal to be paid by the operators of each commercial site for the disposal of hazardous waste or hazardous substances as follows:
(1) A base fee of five dollars fifty cents ($5.50) per ton on all hazardous waste that is identified or listed under Section 3001 of the Resource Conservation and Recovery Act of 1976 as amended (RCRA), and on polychlorinated biphenyl (PCB) wastes received for disposal which is required to be disposed of in a chemical waste landfill approved under the federal Toxic Substance Control Act (TSCA).
(2) A fee of five dollars fifty cents ($5.50) per ton on all other waste not subject to taxation in subdivision (1) and disposed of at a commercial site for the disposal of hazardous waste and hazardous substances.
Beginning on August 31, 1993, any hazardous waste or hazardous substance collected or removed from within the State of Alabama by any governmental entity or agency or any party performing those collection or removal activities pursuant to a contract with any governmental entity or agency, and any hazardous waste or hazardous substances collected or removed during an amnesty program authorized by the Alabama Department of Environmental Management, shall be exempt from the payment of the fees levied by this section. Provided, however, nothing in this section shall exempt the payment of fees levied on any hazardous waste or hazardous substances collected or removed from any site or location which is listed on the federal National Priorities List of Superfund Sites.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §2; Acts 1989, No. 89-786, p. 1570, §1; Acts 1989, No. 89-787, p. 1571, §1; Acts 1990, No. 90-326, p. 448, §3; Acts 1991, No. 91-633, p. 1190, §1; Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §1; Acts 1993, 1st Ex. Sess., No. 93-906, p. 202, §1; Act 2006-306, p. 644, §1; Act 2007-594, p. 1204, §1; Act 2013-174, p. 325, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-2.2 - Pledge and Appropriation of Funds for Public Health Finance Authority.

Section 22-30B-2.2
Pledge and appropriation of funds for Public Health Finance Authority.
For the purpose of providing funds, not to exceed $4,500,000.00 during any fiscal year of the state, for the Alabama Public Health Finance Authority to pay at their respective maturities the principal of premiums, if any, and interest on any bonds issued by it under the provisions of Sections 22-3A-1 to 22-3A-24, inclusive, there is hereby irrevocably pledged for said above purpose and hereby appropriated the annual amount necessary, not to exceed $4,500,000.00 during any fiscal year of the state, from the first receipts after payment of any guarantees in Section 22-30B-2.1 of the fees that are levied on the disposal of waste, hazardous waste or hazardous substances pursuant to this act and that were not theretofore appropriated and paid into the General Fund of the State of Alabama (i.e., the amount resulting from the additional fee of $72.00 per ton for all waste or substances disposed of at each commercial site for the disposal of hazardous waste or hazardous substances from July 15, 1990 to April 30, 1992 and the amount resulting from the additional fees provided for in this act for all waste or substances disposed of at each commercial site for the disposal of hazardous waste or hazardous substances after September 30, 1992). The Alabama Public Health Finance Authority referred to in this section shall be organized pursuant to Sections 22-3A-1 to 22-3A-24, inclusive. Provided, however, if said Alabama Public Health Finance Authority is not in existence on July 15, 1990, the funds provided for in this section shall be deposited into the State General Fund until enactment of legislation establishing the aforementioned Alabama Public Health Finance Authority.
(Acts 1990, No. 90-326, p. 448, §8; Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-2.4 - Restrictions on Disposal of Hazardous Waste; Exceptions.

Section 22-30B-2.4
Restrictions on disposal of hazardous waste; exceptions.
No commercial site for the disposal of hazardous waste and hazardous substances shall during any calendar year receive and dispose of more than 600,000 tons of waste that cannot be legally disposed of in a solid waste landfill permitted under Subtitle D of RCRA 42 U.S.C. §6941.
Provided, however, that the Environmental Management Commission or its designee may allow the disposal of hazardous wastes in excess of the 600,000 ton annual limitation of volume imposed in this section if such action is determined by the Environmental Management Commission or its designee to be necessary to protect human health or the environment in the state. Provided further, if the commission determines that public awareness of environmental matters may be enhanced by special events or if amnesty or similar programs will promote the protection of human health and the environment of Alabama, then it may exempt any wastes so collected from the limitation of volume provisions of this section. Provided further, the Governor, or his designee, may allow the disposal of hazardous waste in excess of the 600,000 ton annual limitation of volume imposed in this section if such action is necessary to allow the state to comply with its obligations to assure disposal capacity pursuant to applicable state or federal law.
Notwithstanding the foregoing the operator of a commercial site for the disposal of hazardous waste and hazardous substances shall not be permitted to dispose of any "household waste" as defined in 40 C.F.R. 261.4(b), except residuals from incineration of such waste and household hazardous waste or with prior approval by the Alabama Department of Environmental Management.
(Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-3 - Deposit and Use of Proceeds.

Section 22-30B-3
Deposit and use of proceeds.
The proceeds from the fee herein levied, less the Department of Revenue's actual cost for administration and collection, not to exceed 10 percent, shall be deposited into the General Budgetary Fund of the State to be used for general operations unless provided otherwise in this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §3; Acts 1990, No. 90-326, p. 448, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-4 - Appropriation and Use of Funds.

Section 22-30B-4
Appropriation and use of funds.
Funds guaranteed to any county as set forth in Section 22-30B-2.1 shall be appropriated and expended for such purposes as provided by local act.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §4; Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §6; Act 2013-174, p. 325, §1; Act 2015-315, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-4.1 - Levy of Local Fees.

Section 22-30B-4.1
Levy of local fees.
Nothing in this title or any other law shall prevent any local law levying an additional fee to be paid by the operators of commercial sites for the disposal of hazardous waste or hazardous substances.
(Acts 1990, No. 90-326, p. 448, §9; Act 2013-174, p. 325, §1; Act 2015-315, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-5 - Time for Payment of Fees; Penalty for Failure to Timely Pay Fees; Interest.

Section 22-30B-5
Time for payment of fees; penalty for failure to timely pay fees; interest.
All state fees levied under this chapter shall be paid to the State Department of Revenue no later than the thirtieth day of the month next following receipt of such hazardous waste or hazardous substance for disposal. Any person, firm or corporation which fails to pay the fee herein levied, within the time required shall pay, in addition to such fee, a penalty of 10 percent of the amount of the fee due, together with interest thereon at the annual rate prescribed under Section 40-1-44, from the date which the fee levied under the provisions of this chapter became due and payable, such penalty and interest to be assessed and collected as part of the fee itself.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-6 - Penalty for Failure to Submit Monthly Reports.

Section 22-30B-6
Penalty for failure to submit monthly reports.
If no fee as defined herein is due from any operator covered by the provisions of this chapter, the operator nevertheless shall be required to submit the monthly reports as required herein; failure to submit such monthly reports may result in the assessment of a penalty by the Department of Revenue in an amount not to exceed $250.00.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §6; Acts 1992, No. 92-186, p. 349, §13.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-7 - Penalty for False or Fraudulent Reports.

Section 22-30B-7
Penalty for false or fraudulent reports.
Any operator covered by the provisions of this chapter who willfully renders a false or fraudulent report, shall be assessed by the Department of Revenue a penalty of 50 percent of the total amount of the fees due.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-9 - Lien.

Section 22-30B-9
Lien.
The fee, together with interest and penalties imposed by this chapter, shall be a lien upon the property of the operator which is subject to the provisions of this chapter, and the provisions of the revenue laws of the State of Alabama applying to liens shall apply fully to the fees herein levied.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30B - Fees for Disposal of Hazardous Waste or Substances. › Section 22-30B-10 - Monthly Report to Be Sworn; Perjury in Making Report.

Section 22-30B-10
Monthly report to be sworn; perjury in making report.
The monthly report herein required shall be sworn to before some officer authorized to administer oaths, and any false or fraudulent statement to a material fact made with an intent to defraud shall constitute perjury, and upon conviction thereof the person so convicted shall be punished as provided by law.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §10.)