reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 36 - Alabama Underground Storage Tank and Wellhead Protection Act. › Section 22-36-10 - Rules and Regulations.

Section 22-36-10
Rules and regulations.
Rules and regulations pertaining to this chapter shall be adopted in accordance with applicable state and federal laws.
(Acts 1988, No. 88-537, p. 823, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37 - Alabama Lead Ban Act. › Section 22-37-1 - Short Title.

Section 22-37-1
Short title.
This chapter may be cited as the "Alabama Lead Ban Act of 1988."
(Acts 1988, No. 88-583, p. 911, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37 - Alabama Lead Ban Act. › Section 22-37-2 - Definitions.

Section 22-37-2
Definitions.
When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings:
(1) COMMISSION. The Alabama Environmental Management Commission as created by Section 22-22A-6.
(2) DEPARTMENT. The Alabama Department of Environmental Management as created by Section 22-22A-4.
(3) DIRECTOR. The Director of the Alabama Department of Environmental Management.
(4) FEDERAL ACT. The federal Safe Drinking Water Act as established by Public Law 93-523 and all subsequent amendments.
(5) PERSON. The same as defined by Section 22-23-31(8).
(6) PLUMBING CODE. Any established ordinance or code used to establish material standards and construction practices associated with the plumbing of any house, apartment, or building.
(7) SUPPLIER OF WATER. The same as defined by Section 22-23-31(9).
(8) PUBLIC WATER SYSTEM. The same as defined by Section 22-23-31(11).
(9) LEAD-FREE. A solder or flux containing not more than 0.2 percent lead and pipes, fittings, joints, or liners containing not more than eight percent lead.
(Acts 1988, No. 88-583, p. 911, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37 - Alabama Lead Ban Act. › Section 22-37-3 - Rules and Regulations.

Section 22-37-3
Rules and regulations.
The commission is hereby authorized and empowered to promulgate rules and regulations to restrict the import, distribution, and sale of plumbing, appurtenances and materials which are not lead-free. In addition, such regulations shall prohibit the use of any pipe, solder, or flux which is not lead-free in the installation or repair of any public water system or any plumbing providing water for human consumption which is connected to or supplied by a public water system.
(Acts 1988, No. 88-583, p. 911, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37 - Alabama Lead Ban Act. › Section 22-37-4 - Amendment of City and County Plumbing Codes to Include Provisions of This Chapter.

Section 22-37-4
Amendment of city and county plumbing codes to include provisions of this chapter.
All formally adopted city and county plumbing codes shall be amended within 12 months of May 10, 1988, to include the provisions of this chapter for installation and repair of plumbing facilities. All proposed plumbing codes shall include appropriate lead ban provisions as determined by the department, prior to adoption.
(Acts 1988, No. 88-583, p. 911, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37 - Alabama Lead Ban Act. › Section 22-37-5 - Notice to Customers of Water Suppliers of Potential for Lead Contamination.

Section 22-37-5
Notice to customers of water suppliers of potential for lead contamination.
Suppliers of water in public water systems shall provide notice to the customers of the potential for lead contamination from drinking water in a format to meet the department and federal act provisions.
(Acts 1988, No. 88-583, p. 911, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37 - Alabama Lead Ban Act. › Section 22-37-6 - Use or Sale of Materials That Are Not Lead-Free for Drinking Water System or Plumbing; Civil Penalty.

Section 22-37-6
Use or sale of materials that are not lead-free for drinking water system or plumbing; civil penalty.
It shall be unlawful for any person constructing, installing, or repairing a drinking water system or plumbing to provide drinking water to use any pipe, solder or flux which is not lead-free in the construction, installation or repair of such system or plumbing. It shall be unlawful to sell, exchange or in any manner convey solder, flux, or piping which is not lead-free to any person for the repair or installation of any piping used to provide drinking water. The department is authorized to issue an order assessing a civil penalty to any person who violates any provision of this chapter and take other action prescribed in Section 22-22A-5.
(Acts 1988, No. 88-583, p. 911, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-1 - Short Title.

Section 22-37A-1
Short title.
This chapter may be cited as the Alabama Lead Reduction Act of 1997.
(Acts 1997, No. 97-553, p. 975, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-2

Section 22-37A-2
Definitions.
As used in this chapter, the following terms have the following meanings:
(1) ACCREDITED INDIVIDUAL. An individual who engages in lead hazard reduction activities, who has successfully completed a Safe State accredited lead training course appropriate for the type or category of lead hazard reduction activity to be provided, who meets all other personal accreditation requirements established by Safe State under this chapter, and who holds a valid registration in the state accreditation registry for the relevant type or category of lead hazard reduction activity.
(2) ACCREDITED LEAD TRAINING COURSE. A course of instruction which has been reviewed and accredited by Safe State as meeting or exceeding training requirements established under Title IV of the Federal Toxic Substances Control Act (Public Law 99-519, 100 Stat. 2970, 15 U.S.C. §2601 et seq., as amended).
(3) BOARD. The State Board of Health as defined in Section 22-2-1.
(4) INDOOR. The enclosed portions of buildings including public buildings, residences, and commercial buildings. For the purposes of this chapter, "indoor" shall include the exterior surfaces and all common areas of the structure including any attached or unattached structure located within the same lot line, including but not limited to, garages, play equipment, and fences.
(5) LEAD HAZARD REDUCTION ACTIVITIES. Activities designed to reduce exposure to lead in residences or public buildings and may include inspections, risk assessments, repair, enclosure, encapsulation, or removal of lead-based paint or lead contamination, or both, and the design and planning of such activities, and other related activities as established in Title IV of Toxic Substances Control Act, Public Law 99-519, 100 Stat. 2970, 15 U.S.C. §2601 et seq., as amended, which are to be performed in residences or public buildings.
(6) PERSON. An individual, firm, partnership, corporation, commission, state agency, county governmental body, municipal corporation, party, company, association, or any other public or private legal entity.
(7) PUBLIC BUILDING. A building designed for public access and maintained for the public benefit through the use of state or local government funds, including public housing, schools, day care centers, and government facilities, or any location at which Title IV of the Federal Toxic Substances Control Act, or regulations thereunder, require lead-based paint activities be performed by an accredited individual, as those terms are defined in that act, such as commercial buildings and bridges. This term shall not apply to any of the following:
a. Business facilities where access is principally limited to employees.
b. Private clubs and residences.
c. Commercial buildings.
(8) SAFE STATE. The Safe State Program, a division of the University of Alabama.
(9) STATE HEALTH OFFICER. The State Health Officer as defined in Section 22-2-8.
(Acts 1997, No. 97-553, p. 975, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-3 - Scope of Chapter; Functions of Board.

Section 22-37A-3
Scope of chapter; functions of board.
(a) With regard to facilities, the scope of this chapter shall not exceed the requirements of Title IV of the Federal Toxic Substances Control Act.
(b) The board may develop a statewide program to identify and reduce the threat to human health posed by exposure to lead. In furtherance of this purpose, the board may perform each of the following functions:
(1) Conduct and supervise development programs and studies to determine the source, effect, and hazards of lead.
(2) Conduct research or participate in research within the state.
(3) Collect and disseminate information.
(4) Make contracts and execute instruments that are necessary or convenient to the exercise of its powers or the performance of its duties under this chapter.
(5) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter.
(6) Assist persons in evaluating existing or potential health hazards from lead, including, but not limited to, health hazards from external sources that infiltrate the indoor environment and those from materials, processes, or human activities in the indoor environment.
(7) Assist persons in methods to control, remove, or minimize sources of lead.
(8) Advise, consult, and cooperate on matters of common interest in lead hazard reduction with other agencies of the state, political subdivisions of the state, industries, other states, the federal government, and interested persons or groups.
(9) Represent the state in matters relating to lead hazard reduction and apply for and receive, on behalf of the state, matching grants, gifts, donations, foundation awards, or other legitimate means of support for the intents and purposes of this chapter, and to make other decisions concerning the fiscal aspects of the powers, duties, programs, and activities of the board under this chapter.
(10) Enter into cooperative agreements or contracts to demonstrate practices, methods, technologies, or processes which may be effective in controlling sources or potential sources of lead, preventing the occurrence of lead, and reducing exposure to lead; and accept financial assistance in the form of grants from public agencies and authorities, nonprofit institutions and organizations, educational institutions, or other persons.
(11) Establish by rule a fee schedule for performing lead investigations and services, which may not in any case exceed the actual costs.
(12) Subject to the Alabama Administrative Procedure Act, publish guidelines in performing lead hazard reduction.
(Acts 1997, No. 97-553, p. 975, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-4 - Investigations.

Section 22-37A-4
Investigations.
The State Health Officer may conduct investigations as necessary to administer this chapter, and the rules adopted and orders issued under this chapter. The State Health Officer may conduct investigations of general lead contamination problems or conditions in public buildings, and upon request of the building owner of commercial buildings, or upon the request of the owner or occupant of residential buildings.
(Acts 1997, No. 97-553, p. 975, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-5 - Certification of Persons Engaged in Lead Hazard Reduction on Activities; Powers of Board.

Section 22-37A-5
Certification of persons engaged in lead hazard reduction on activities; powers of board.
(a) Before engaging in lead hazard reduction activities, a person, firm, or corporation shall be certified by the board as specified in this chapter. This subsection shall not apply to an individual performing lead abatement on a structure, or the portion of a structure that is used as his or her private residence. Notwithstanding the foregoing, this subsection shall apply to any person contracted by the home owner to perform deleading activities and also applies where the owner performs such activities in or upon another structure which is not his or her private residence or the portion thereof. For the purpose of this subsection, the term "deleading" means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such activities.
(b) Subject to the Alabama Administrative Procedure Act, the board shall develop and publish certification procedures for each type of contractor in lead hazard reduction activities and specify qualifications, including, but not limited to, training accreditation and blood lead tests for personnel. The satisfaction of these qualifications shall be documented by the contractor before the contractor is certified and permitted to engage in the provision of lead hazard reduction activities.
(c) The board shall establish decertification and recertification policies and procedures for each type of lead hazard service contractor.
(d) The board may establish by rule reasonable and necessary fees for the conduct of the contractor certification program and for the performance of field inspections of abatement projects. The board may adopt rules, including definitions and standards, and issue necessary orders to implement this chapter, which rules and orders shall have the effect of law.
(e) The board may enter into cooperative agreements with and accept grant assistance from the U.S. Environmental Protection Agency in support of certification provisions of Title IV of the Federal Toxic Substances Control Act or from any other agency of government or under other authority to carry out the intents of this chapter.
(Acts 1997, No. 97-553, p. 975, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-6 - Designating Safe State as Accreditation Agency; Powers of Safe State.

Section 22-37A-6
Designating Safe State as accreditation agency; powers of Safe State.
(a) Safe State, a division of the University of Alabama, is designated as the state accreditation agency for lead hazard training.
(b) Subject to the Alabama Administrative Procedure Act, Safe State shall establish a program to review and accredit lead training courses in accordance with Title IV of the Federal Toxic Substances Control Act.
(c) Safe State shall establish and maintain a state registry of accredited individuals who have successfully completed accredited lead training courses and who meet all other personal accreditation requirements established by Safe State under this chapter.
(d) An individual who provides or participates in the lead hazard reduction activities described in Section 22-37A-5 shall obtain valid Safe State registration and certification from the board prior to engaging in such activities.
(e) Subject to the Alabama Administrative Procedure Act, Safe State shall develop and publish policies and procedures governing the accreditation of lead training courses and the registration of accredited individuals.
(f) Safe State may establish reasonable fees for the conduct of the accreditation and registration programs and expend the fees to administer the program.
(g) Safe State may enter into cooperative agreements with and accept grant assistance from the U.S. Environmental Protection Agency in support of the training and accreditation provisions of Title IV of the Federal Toxic Substances Control Act (Public Law 99-519, 100 Stat. 2970, 15 U.S.C. §2601 et seq., as amended), or from any other agency of government or under other authority to carry out the intents of this chapter.
(h) Safe State may negotiate and establish reciprocity agreements with other states where equivalency of lead training accreditation or registration of individuals, or both, can be demonstrated.
(Acts 1997, No. 97-553, p. 975, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-7 - Certification; Violation.

Section 22-37A-7
Certification; violation.
(a) Persons engaged in lead hazard reduction activities shall be certified by the board and observe proper removal procedures and precautions, as established by the rules adopted by the board. The board may enforce such rules by order.
(b) An owner or operator of an entity engaged in lead hazard reduction activities who fails to comply with subsection (a) of this section and rules adopted or orders issued thereunder shall be guilty of a Class C misdemeanor.
(Acts 1997, No. 97-553, p. 975, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-8 - Injunctive Relief.

Section 22-37A-8
Injunctive relief.
If it appears that a person has violated, is violating, or is threatening to violate Section 22-37A-5 or Section 22-37A-7 or a rule adopted or order issued under this chapter, the State Health Officer or a county health officer, as appropriate, may institute a civil suit in his or her own name in a circuit court to obtain injunctive relief to restrain the person from continuing the violation or threat of violation.
(Acts 1997, No. 97-553, p. 975, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 37A - Alabama Lead Reduction Act of 1997. › Section 22-37A-9 - Fee, Fines, Etc. Collected.

Section 22-37A-9
Fee, fines, etc. collected.
All fees collected and all fines, penalties, and funds of any nature received by the State Board of Health under authority of this chapter shall be remitted to the State Board of Health to the credit of the Lead Reduction Fund, which is created. The expenses incurred by the State Board of Health in carrying out this chapter shall be paid from moneys in the Lead Reduction Fund; however, the expenditure from said fund shall be budgeted and allotted pursuant to the Budget Management Act and Article 4 of Chapter 4 of Title 41.
(Acts 1997, No. 97-553, p. 975, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-1 - Short Title.

Section 22-38-1
Short title.
This chapter may be cited as the Alabama Agricultural Nonpoint Source Financial Assistance Act of 1988.
(Acts 1988, No. 88-602, p. 939, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-2 - Definitions.

Section 22-38-2
Definitions.
For the purposes of this chapter the following words and phrases shall have the following meaning:
(1) COMMITTEE. The Alabama State Soil and Water Conservation Committee.
(2) COST-SHARE FUNDS or COST-SHARE GRANTS. Any federal financial assistance for landusers received by the department or other state agencies to support implementation of agricultural nonpoint source pollution control. Such funds shall include federal match and nonfederal match funds.
(3) DEPARTMENT. The Alabama Department of Environmental Management.
(4) LANDUSER. Any person, individual, partnership, company, corporation or other legal entity who qualifies for the receipt of cost-share funds from the Alabama state soil and water conservation committee in accordance with all applicable rules, regulations or practices.
(5) PLAN. The state nonpoint source management program for the control of discharges of pollution from nonpoint sources to waters of the state and for improving the quality of such waters as developed by the department and approved by the Environmental Protection Agency pursuant to the provisions of the Federal Water Quality Act of 1987.
(6) GUIDELINES. Nonpoint source guidance adopted in December 1987, including any amendments thereto, by the Environmental Protection Agency in accordance with the Federal Water Quality Act of 1987.
(Acts 1988, No. 88-602, p. 939, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-3 - Legislative Intent.

Section 22-38-3
Legislative intent.
In order to further the efficient and effective administration of programs related to agricultural nonpoint sources of pollution it is hereby declared to be the intent of the Legislature to have federal cost-sharing funds provided to the state and administered by state agencies for control of agricultural nonpoint sources of pollution through financial assistance or cost-share grants to landusers to be administered by the committee and soil and water conservation districts.
(Acts 1988, No. 88-602, p. 939, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-4 - Administration of Federal Funds by Committee; Transfer of Federal Funds Received by Other State Agencies to Committee; Application to Legislature for Matching Funds; Coordination of Use of Funds.

Section 22-38-4
Administration of federal funds by committee; transfer of federal funds received by other state agencies to committee; application to Legislature for matching funds; coordination of use of funds.
All federal funds available to state agencies for financial assistance through cost-share grants to landusers for agricultural nonpoint source pollution control shall be administered by the committee. State agencies other than the committee which receive federal cost-share funds designated for use by agricultural operations to control associated nonpoint source pollution shall effect the necessary agreements to transfer these funds to the committee. The committee shall make application to the Legislature for appropriation of state funds required to match such federal funds and for appropriation of other necessary state funds and shall coordinate the use of water quality financial assistance or cost-share funds to landusers with other state appropriated soil and water conservation funds and such federal funds made available for cost share programs.
(Acts 1988, No. 88-602, p. 939, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-5 - Disbursement of Funds.

Section 22-38-5
Disbursement of funds.
Any cost-share funds received by the department for the control of all sources of nonpoint source pollution shall be disbursed in accordance with applicable laws, regulations, guidelines, and the plan.
(Acts 1988, No. 88-602, p. 939, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-6 - Priorities for All Nonpoint Source Pollution Control; Administration of Grants in Accordance With Priorities; Committee to Provide Information to Department as to Progress in Water Quality.

Section 22-38-6
Priorities for all nonpoint source pollution control; administration of grants in accordance with priorities; committee to provide information to department as to progress in water quality.
The overall state plan for nonpoint source pollution control shall establish priorities for all nonpoint source pollution control. The committee shall administer agricultural, nonpoint source pollution control cost-share grants to landusers in accordance with the priorities encompassed in the agricultural component of the plan developed for the state by the department in cooperation with the committee and approved by the Environmental Protection Agency. All information requested of the committee shall be provided to the department for use in reporting to the Environmental Protection Agency on the state's progress in water quality as it relates to agricultural nonpoint source pollution.
(Acts 1988, No. 88-602, p. 939, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-7 - Department Is Lead Agency in Developing State Plan; Authority to Contract With Other State Agencies.

Section 22-38-7
Department is lead agency in developing state plan; authority to contract with other state agencies.
The department is the lead agency for the development of the state plan and for the regulation of all nonpoint source pollution as required by law. The department is authorized to contract with other state agencies, to include the committee, in the discharge of its regulatory responsibilities in the control of nonpoint source pollution.
(Acts 1988, No. 88-602, p. 939, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 38 - Alabama Agricultural Nonpoint Source Financial Assistance Act. › Section 22-38-8 - Rules and Regulations; Personnel.

Section 22-38-8
Rules and regulations; personnel.
The committee is hereby authorized to establish rules and regulations necessary to implement the provisions of this chapter and is also authorized to employ such personnel, one of which may be an unclassified employee whose salary shall be set by the committee, upon availability of funds to carry out the committee's functions under this chapter.
(Acts 1988, No. 88-602, p. 939, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 39 - Asbestos Contractor Accreditation Act. › Section 22-39-1 - Purpose.

Section 22-39-1
Purpose.
The purpose of this chapter is to establish an asbestos contractor accreditation plan for the State of Alabama in compliance with Section 206 of the Toxic Substances Control Act, 15 U.S.C.A. §2646 as amended.
(Acts 1989, No. 89-517, p. 1063, §1; Acts 1997, No. 97-626, p. 1138, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 39 - Asbestos Contractor Accreditation Act. › Section 22-39-2 - Short Title.

Section 22-39-2
Short title.
This chapter shall be known and may be cited as the "Alabama Asbestos Contractor Accreditation Act."
(Acts 1989, No. 89-517, p. 1063, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 39 - Asbestos Contractor Accreditation Act. › Section 22-39-3 - Services Requiring Accreditation by the State.

Section 22-39-3
Services requiring accreditation by the state.
Any person, firm, or corporation, before engaging in the business of any of the following services, must be accredited by this state as specified in this chapter to do any of the following:
(1) Inspect for asbestos-containing material in a school building under the authority of a local educational agency, as defined in 15 U.S.C.A. §2642(7).
(2) Prepare a management plan for such a school.
(3) Design or conduct response actions, with respect to friable asbestos-containing material in such a school, as such material is defined in 15 U.S.C.A. §2642(6).
(4) Inspect for asbestos-containing material, or design or conduct response actions in buildings as defined in 15 U.S.C.A. §2642(10).
(Acts 1989, No. 89-517, p. 1063, §3; Acts 1997, No. 97-626, p. 1138, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 39 - Asbestos Contractor Accreditation Act. › Section 22-39-4 - Safe-State Program Designated Accreditation Agency; Duties; Fees.

Section 22-39-4
Safe-State Program designated accreditation agency; duties; fees.
(a) The Safe-State Program, a division of the University of Alabama, Tuscaloosa, Alabama, is hereby designated as the State of Alabama's accreditation agency for such asbestos contractors designated in Section 22-39-3.
(b) The Safe-State Program shall design and publish accreditation plans for each type of worker or contractor in such asbestos abatement area and specify the course of study or training which must be completed before said person can be accredited and permitted to work on asbestos abatement. Such accreditation requirement and training must be at least as stringent as those promulgated for similar workers by the United States Environmental Protection Agency.
(c) The aforesaid agency, Safe-State, shall establish and publish regular training periods for contractors and workers involved in asbestos abatement as specified in Section 22-39-3 and upon the successful completion of these programs shall issue an appropriate certificate of accreditation. The agency shall establish decertification and recertification procedures for each type of asbestos worker or contractor.
(d) The Safe-State Program is authorized to charge such fees as are reasonable and necessary for the conduct of the accreditation programs, to adopt and promulgate such rules and regulations as are necessary to implement this chapter, and to negotiate and establish reciprocity agreements with other states where equivalency of asbestos contractor accreditation requirements can be demonstrated.
(Acts 1989, No. 89-517, p. 1063, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 39 - Asbestos Contractor Accreditation Act. › Section 22-39-5 - Certification Requirement; Civil Penalty.

Section 22-39-5
Certification requirement; civil penalty.
(a) The Alabama Department of Environmental Management is hereby authorized to require any person, firm, or corporation who is the owner or operator of any asbestos removal project for which notification is required pursuant to the requirements of the Clean Air Act of the United States to insure that the personnel executing the asbestos removal project are certified by the Safe-State Program, the accreditation agency of the State of Alabama, which is authorized to accredit asbestos removal personnel.
(b) Failure of an owner or operator of any asbestos removal project for which notification is required pursuant to the requirements of the Clean Air Act of the United States to comply with the provisions of subsection (a) of this section may be subject to a civil penalty as prescribed in the Alabama Environmental Act, Section 22-22A-5(18).
(Acts 1989, No. 89-517, p. 1063, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-1 - Definitions.

Section 22-40-1
Definitions.
Repealed Act 2003-332, p. 823, §25 effective October 1, 2004.
(Act 99-597, p. 1370, §1; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-2 - Scrap Tire License - Generally.

Section 22-40-2
Scrap tire license - Generally.
Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004.
(Act 99-597, p. 1370, §2; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-3 - Scrap Tire License - Display; Decal.

Section 22-40-3
Scrap tire license - Display; decal.
Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004.
(Act 99-597, p. 1370, §3; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-4 - Disposal of Scrap Tires.

Section 22-40-4
Disposal of scrap tires.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, p. 1370, §4; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-5 - Records - Receivers.

Section 22-40-5
Records - receivers.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-6 - Records - Transporters.

Section 22-40-6
REPEALED AND SUPERSEDED BY CHAPTER 40A EFFECTIVE OCTOBER 1, 2004. Records - Transporters.
Repealed and superseded by Chapter 40A, Act 2003-332, §25 effective October 1, 2004.
(Act 99-597, p. 1370, §6; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-7 - Records - Collection.

Section 22-40-7
Records - Collection.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-8 - Enforcement.

Section 22-40-8
Enforcement.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, p. 1370, §8; Act 2001-976, 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-9 - Distribution of Funds.

Section 22-40-9
Distribution of funds.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-10 - Scrap Tire Study Commission.

Section 22-40-10
Scrap Tire Study Commission.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, p. 1370, §10; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40 - Scrap Tire Disposal. › Section 22-40-11 - Construction and Administration of Chapter.

Section 22-40-11
Construction and administration of chapter.
Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004.
(Act 99-597, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-1 - Short Title.

Section 22-40A-1
Short title.
This chapter shall be known and may be cited as the Alabama Scrap Tire Environmental Quality Act.
(Act 2003-332, p. 823, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-2 - Legislative Findings; Purpose.

Section 22-40A-2
Legislative findings; purpose.
(a) The Legislature finds as follows:
(1) The Alabama Scrap Tire Study Commission (STSC) submitted a report as required by Section 22-40-10, and SJR 152, adopted May 11, 2000. The section and the resolution both directed the STSC to study the present law and recommend revisions that are needed. The report from the STSC recommended substantial changes to the present law, which are incorporated into this chapter. The study and report were necessary to address the estimated 14 to 20 million tires stockpiled or illegally dumped.
(2) This state generates over five million scrap tires annually. Of these tires, an estimated two million are recycled annually and an estimated two million are disposed of legally in landfills. Many of the remaining tires are disposed of illegally and therefore may present a public health and/or environmental threat to the citizens of Alabama.
(b) This chapter has the following stated purposes, to:
(1) Remediate existing scrap tire stockpiles and prevent the formation of new ones.
(2) Provide a uniform, statewide system of regulation of scrap tires from the point of generation to the point of end use or disposal, to include a statewide scrap tire manifest system, and effective enforcement of scrap tire laws.
(3) Stimulate end use market development activities.
(4) Provide an adequate funding mechanism to clean up scrap tire piles, to provide for responsible enforcement of scrap tire laws, and to assist in promoting end use markets.
(5) Implement other recommendations contained in the report of the STSC.
(Act 2003-332, p. 823, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-4 - Accumulation and Exposure Limits.

Section 22-40A-4
Accumulation and exposure limits.
(a) No person may accumulate more than 100 scrap tires, except as a permitted processor, registered receiver, permitted landfill, or transporter who has requested and been granted a storage limit by the department.
(b) No person may expose accumulated scrap tires to the elements for more than 30 days.
(c) A Class One receiver as defined in Section 22-40A-3 may accumulate up to 1,500 scrap tires, or a higher number as set by regulation of the department for those engaged in used tire sales.
(d) A Class Two receiver as defined in Section 22-40A-3 may accumulate up to 300 tires. Provided, however, that Class Two receivers that are tire manufacturers are excluded from the 300-tire limit, provided the tires are not exposed to the elements.
(Act 2003-332, p. 823, §4; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-5 - Cleanup; Reports; Regulations; Remediation Management.

Section 22-40A-5
Cleanup; reports; regulations; remediation management.
(a) Accumulations of scrap tires for whatever purpose, not in accordance with this chapter, shall be removed by the person who created or maintained the accumulation, or if that person is not determined, by the landowner or financial interest holder if the landowner or financial interest holder does not qualify as an innocent landowner.
(b) All persons with more than 100 scrap tires on their property who are not registered receivers of scrap tires or a permitted processor shall report this fact to the department and provide the number of scrap tires and the location. This report shall be made no later than 12 months after September 1, 2003.
(c) The department shall establish by regulations a ranking system for remediation, and shall award all contracts for cleanup in accordance with this ranking system.
(d) The department shall provide regulations for cleanup, which shall apply to all cleanups.
(e) Department cleanup action shall be carried out in accordance with any applicable state contracting requirements.
(f) The overall management of the remediation of all scrap tires within the State of Alabama is the responsibility of the department.
(g) Each cleanup contractor shall satisfy all relevant laws, regulations, or other legal ordinances during the cleanup.
(Act 2003-332, p. 823, §5; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-6 - Receivers Generally.

Section 22-40A-6
Receivers generally.
(a) For purposes of this chapter, there shall be two classes of receivers, Class One receivers and Class Two receivers as defined in Section 22-40A-3.
(b) Receivers of both classes are not required to obtain a permit as a transporter, as otherwise required under Section 22-40A-7, for transporting scrap tires for disposal or further processing. For Class Two receivers this exception applies only to scrap tires they generate and does not apply to scrap tires generated by other persons.
(c) Receivers of both classes are not required to use a permitted transporter for purposes of transporting their tires or their customers' tires between their business locations or between a customer site and the receiver.
(d) All receivers shall register without fee with the department and obtain a receiver number and vehicle decals, at no cost, equal to the number of vehicles in the receiver's fleet used to transport scrap tires. Decals shall be carried visibly in or on the vehicle in accordance with department regulations.
(e) Class One receivers registered with the department and collecting and remitting fees in accordance with Section 22-40A-14 shall not be subject to the disposal fees established under the Solid Wastes and Recyclable Materials Management Act for only scrap tires delivered to permitted landfills for disposal.
(Act 2003-332, p. 823, §6; Act 2006-559, p. 1285, §1; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-7 - Transportation of Scrap Tires; Permits.

Section 22-40A-7
Transportation of scrap tires; permits.
(a) No person, except properly registered receivers, may engage in the transportation of scrap tires, whether or not for profit, without holding a valid transporter permit issued by the department, unless otherwise exempted by this chapter or unless allowed by department regulation, if he or she transports more than eight scrap tires at any one time. An application for a permit shall be made in the form required by the department and provide such information as the department may, by regulation, require.
(b) The department, by regulation, may set higher tire transportation limits than provided in subsection (a) for special situations, such as an authorized amnesty program.
(c) Permitted transporters shall receive decals equal in number to the number of vehicles in the transporter's fleet, at no cost. Decals shall be visibly displayed in or on the vehicle, in accordance with department regulations.
(d) Persons making applications as transporters shall pay an application fee as determined by the department. Applicants shall provide information that the department requires by regulation.
(e) Transporter permits shall be valid for three years, unless revoked for violating this chapter or the department's regulations.
(f) Transporters shall deliver scrap tires that have been properly manifested as required by Section 22-40A-9 and departmental regulations, only to either of the following:
(1) A receiver, processor, or other transporter, permitted or registered under this chapter.
(2) A permitted landfill approved to accept scrap tires for disposal.
(g) Transporter decals shall be displayed in conformance with regulations issued by the department on any vehicle engaged in the collection and transportation of scrap tires and may be transferred only to vehicles owned and operated by that business.
(h) Receivers of both classes who are transporting used or scrap tires for their own purposes shall maintain inside the vehicle during transport appropriate documentation that each such transport is for his or her own use and for the indicated purpose.
(i) Both intrastate and interstate transport of used and scrap tires are subject to regulation by the department.
(Act 2003-332, p. 823, §7; Act 2006-559, p. 1285, §1; Act 2009-779, p. 2433, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 40A - Alabama Scrap Tire Environmental Quality Act. › Section 22-40A-8 - Processing of Scrap Tires; Permits.

Section 22-40A-8
Processing of scrap tires; permits.
(a) No person may engage in the processing of scrap tires, as defined herein, whether or not organized for profit, unless the person holds a valid processor permit issued by the department.
(b) The department, by regulation, shall set operational requirements for processors, including limitations on the maximum number of tires that may be on site, whether processed or unprocessed. The department shall also establish by regulation requirements for mobile processors.
(c) Each applicant for a processor's permit shall pay an application fee as determined by the department by regulation, and shall provide information that the department requires by regulation. Application shall be made in the form required by the department.
(d) Permits issued by the department to scrap tire processors shall be valid for a five-year period, unless revoked for cause.
(e) A fuel user may operate without obtaining a processor permit and must register as a fuel user with the department on forms prepared by the department. The fuel user must store tires or TDF in compliance with storage regulations established by the department.
(f) Any facility that produces an end use material or product from ground or crumb rubber derived from scrap tires that has been purchased from another facility, or any facility using the component parts of scrap tires or processed tire material as a substitute raw material, is exempt from the requirement of being permitted as a processor pursuant to this section. Any facility seeking an exemption must register with the department on forms prepared by the department.
(Act 2003-332, p. 823, §8; Act 2006-559, p. 1285, §1.)