reglab/statecodes huggingface dataset:
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-11 - Record of Hazardous Waste or Hazardous Substances Received for Disposal; Maintenance of Records; Penalties.

Section 22-30B-11
Record of hazardous waste or hazardous substances received for disposal; maintenance of records; penalties.
Any operator of a commercial site for the disposal of hazardous waste or hazardous substances shall maintain written records of all such waste or substances received for disposal at the site and all waste or substances disposed of at the site. Said records shall contain the names and addresses of all persons, firms or corporations transporting and delivering such waste or substances to said facility, and the names and locations of all persons, firms or corporations from whence said waste or substance was produced or generated, the quantity of waste or substance received by such commercial hazardous waste or hazardous substance facility, and the date of delivery and such additional information as the Commissioner of Revenue or Director of the Department of Environmental Management reasonably may require for the proper administration and enforcement of the provisions of this act. This record must be a true, accurate and correct statement of the transaction as provided for under the provisions for this act, and any personnel or persons who knowingly make a false or fraudulent statement of a material fact with intent to defraud shall be guilty of a Class C misdemeanor and shall be punished as provided by law. The records required, under the provisions of this act, shall be maintained by the operators of said commercial site for the disposal of hazardous waste or hazardous substances and shall be available during regular business hours to any duly authorized agent or employee of the State of Alabama Department of Revenue or the Alabama Department of Environmental Management, and such records shall be retained by said operators for a period of not less than three years. Any required records for such commercial site for the disposal of hazardous waste or hazardous substances shall be retained by said operators for a period of not less than three years. Any operator of such commercial site for the disposal of hazardous waste or hazardous substances which shall fail to maintain such records, or in any manner shall cause the falsification of same as to any material matter with an intent to defraud, shall be guilty of a Class C misdemeanor and shall be punished as provided by law.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §11; Acts 1990, No. 90-326, p. 448, §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-12 - Violation of Chapter; Restraint From Continuing in Business; Institution of Prosecution.

Section 22-30B-12
Violation of chapter; restraint from continuing in business; institution of prosecution.
Any operator who shall violate any of the provisions of this chapter and shall fail to correct such violation within 60 days after notice to the operator in the manner provided in Section 22-30B-7 may be restrained from continuing in business, and the proper prosecution shall be instituted in the name of the State of Alabama by its Attorney General, by the counsel of the Department of Revenue, or, under their direction by any district attorney of the state until such person shall have complied with the provisions of this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §12.)
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-13.1 - Credit for Overpayment.

Section 22-30B-13.1
Credit for overpayment.
Any operator subject to this chapter who, after September 30, 1992, pays increased fees for disposal of waste and substances which have been generated inside of Alabama shall be entitled to a credit of $72 per ton for the amount of such waste generated inside Alabama and disposed of from July 15, 1990, to April 30, 1992. Such credit created under this section shall be credited against any fees which are payable to the General Fund of the State of Alabama and shall be granted at the rate of 1/12 th of such credit per month, beginning October 1, 1993, and until such credit is exhausted. For purposes of this section, no certificate of overpayment must be issued by the state Comptroller.
(Acts 1992, 2nd Ex. Sess., No. 92-658, §7; Acts 1993, No. 93-614, p. 1006, §2(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-15 - Confidentiality of Fee Reports; Exception; Penalty; Refusal of Assistant or Agent of Department of Revenue to Perform Duties; Penalty.

Section 22-30B-15
Confidentiality of fee reports; exception; penalty; refusal of assistant or agent of Department of Revenue to perform duties; penalty.
(a) It shall be unlawful for any person to print or publish in any manner whatever the fee report of any operator or any part thereof or the fees due thereon or to divulge to any person, except persons required or authorized to collect or audit or assist in collecting or auditing the reports or to use the information contained in any such report or acquired in auditing any such report or enforcing the provisions of this chapter for any purpose except for the audit of such report and collection of the fee imposed by this chapter, unless the fee thereby imposed becomes delinquent; any person violating the provisions of this section shall be deemed guilty of a misdemeanor and shall be fined not to exceed $500.00 or sentenced to hard labor for the county for not more than 90 days, one or both for each offense, and upon conviction thereof any such person shall thereafter be ineligible to hold the office of commissioner or become or be an employee or agent of the Department of Revenue or under the Department of Revenue; provided, that the provisions of this section shall not apply to exchanges of information between the Alabama Department of Revenue and the Alabama Department of Environmental Management when used for the purpose of administering the provisions of this chapter.
(b) Any assistant or agent of the Department of Revenue who shall willfully refuse to perform the duties imposed upon him by this chapter or by the Department of Revenue shall be deemed guilty of a misdemeanor and shall be fined not exceeding $500.00 or sentenced to hard labor for the county for not more than 90 days, one or both, for each offense.
(c) All reports and information secured by officials or employees of the Department of Revenue for the purpose of arriving at fees shall be kept under lock and key by the Department of Revenue, and any official or employee of the state or of any county who shall divulge the contents thereof except under order of court shall be guilty of a Class C misdemeanor and shall be punishable as provided by law, and any person found guilty of violating the provisions of this chapter shall thereafter be ineligible to hold the office of commissioner or become or be an employee or agent of the Department of Revenue.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §15; Acts 1990, No. 90-326, p. 448, §6.)
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-16 - Location of Reports and Records.

Section 22-30B-16
Location of reports and records.
The reports and records shall remain in the office of the Department of Revenue and shall not be open to public inspection.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §16.)
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-17 - Cooperation With County Officials; Promulgation of Rules and Regulations.

Section 22-30B-17
Cooperation with county officials; promulgation of rules and regulations.
The Commissioner of Revenue shall fully cooperate with county officials for the successful administration of the county fee levied in Section 22-30B-4 and have the authority to develop and promulgate reasonable rules and regulations as needed to administer the provisions of this chapter.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §17.)
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-18 - Construction of Chapter; Effect of Southeast Interstate Low-Level Radioactive Waste Management Compact.

Section 22-30B-18
Construction of chapter; effect of Southeast Interstate Low-Level Radioactive Waste Management Compact.
The provisions of this chapter are cumulative and shall not be deemed to repeal existing laws. The provisions of this chapter 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 chapter shall be held to be inconsistent with any provision of said compact, the provision of said compact shall govern.
(Acts 1988, 1st Ex. Sess., No. 88-872, p. 392, §19.)
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-19 - Creation of the Alabama Legacy for Environmental Research Trust.

Section 22-30B-19
Creation of the Alabama Legacy for Environmental Research Trust.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-412 EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §8.)
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-20 - Fee to Be Deposited in Alabama Hazardous Substance Cleanup Fund.

Section 22-30B-20
Fee to be deposited in Alabama Hazardous Substance Cleanup Fund.
In addition to all other fees levied herein, there is also hereby levied a fee to be paid by the operators of each commercial site for the disposal of hazardous waste or hazardous substances in the amount of $1.00 per ton on all wastes or substances disposed of at such site, to be deposited and allocated specifically to the Alabama Hazardous Substance Cleanup Fund established by Sections 22-30A-1 to 22-30A-11, inclusive, such money to be used for the specific purposes as expressed therein.
(Acts 1992, 2nd Ex. Sess., No. 92-658, p. 32, §9.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30C - Chemical Weapons Destruction Limitation Act. › Section 22-30C-1 - Short Title.

Section 22-30C-1
Short title.
This chapter may be cited as the "Chemical Weapons Destruction Limitation Act."
(Acts 1997, No. 97-708, p. 1459, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30C - Chemical Weapons Destruction Limitation Act. › Section 22-30C-2 - Legislative Findings.

Section 22-30C-2
Legislative findings.
The Legislature finds that the sense of the Anniston community is that the continued storage of the Army's chemical stockpile at the Anniston Army Depot poses a risk that the community wants eliminated in a safe and efficient manner. The current Army disposal plan poses a much lower risk to the community than does the continued storage, stated by the National Research Council (NCR) in its 1994 study, but the community desires to ensure that no other chemical stockpile problems be added to the Army's disposal plan.
(Acts 1997, No. 97-708, p. 1459, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30C - Chemical Weapons Destruction Limitation Act. › Section 22-30C-3 - Wastes Processed and Destroyed.

Section 22-30C-3
Wastes processed and destroyed.
The Army, having committed to the safe and complete disposal of the Anniston Army Depot stockpile, shall only process and destroy at its Anniston Demilitarization Facility the stocks stored there as of the date of its contract with a commercial company to do so. No other materials, except those materials used to demonstrate the performance of incinerators and pollution abatement systems during a trial burn demonstration, and the resulting wastes generated by the Anniston facility, may be processed in the Anniston facility during its lifetime.
(Acts 1997, No. 97-708, p. 1459, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30C - Chemical Weapons Destruction Limitation Act. › Section 22-30C-4 - Compliance.

Section 22-30C-4
Compliance.
The Army shall comply with its stated and written plan to close the demilitarization facility in accordance with the Resource Conservation and Recovery Act (RCRA), once the current stockpile at the Anniston Army Depot has been completely and safely destroyed.
(Acts 1997, No. 97-708, p. 1459, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30D - Alabama Drycleaning Environmental Response Trust Fund. › Section 22-30D-1 - Short Title.

Section 22-30D-1
Short title.
This chapter shall be known and cited as "The Alabama Drycleaning Environmental Response Trust Fund Act."
(Act 2000-740, p. 1624, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30D - Alabama Drycleaning Environmental Response Trust Fund. › Section 22-30D-2 - Legislative Findings.

Section 22-30D-2
Legislative findings.
(a) The Legislature of the State of Alabama makes the following findings and declarations:
(1) The soils, water, and air of this state constitute unique and delicately balanced resources.
(2) The protection of these resources is vital to the economy of this state.
(3) The preservation of waters of this state is a matter of the highest urgency and priority as these waters provide a primary source of potable water in this state and that such use can only be served effectively by maintaining the quality of waters in as close to a comparable previous condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.
(b) The Legislature makes the following additional findings:
(1) Where contamination of soils, waters, or air has occurred, remedial measures have often been delayed for long periods while investigations of the extent of such contamination and determinations as to liability and the extent of liability are made.
(2) Such delays result in the continuation and intensification of the threat to the public health, safety, and welfare, in greater damages to the environment, and in significantly higher costs to contain or remediate the contamination.
(3) Adequate financial resources must be available to provide funding to investigate such contamination and, if necessary, promptly begin remedial measures.
(c) The Legislature makes the following additional findings:
(1) Drycleaning agents may have caused contamination in the past as part of the normal operation of drycleaning facilities and wholesale distribution facilities, and in many instances, such contamination may have occurred while such facilities were being operated in full compliance with laws existing at the time of such possible contamination.
(2) Such contamination, if any, which may have been caused by drycleaning agents at drycleaning facilities and wholesale distribution facilities may possibly pose a threat to the quality of the soils and waters of this state.
(3) Owners and operators of drycleaning facilities and wholesale distributors individually may lack the resources to investigate, assess, and, if necessary, remediate such contamination.
(4) Resources must be generated by the drycleaning industry as a whole to provide funds to establish and fund a drycleaning self-insurance program to provide funds to cover the cost to investigate, assess, and, if necessary, remediate sites contaminated by drycleaning agents.
(Act 2000-740, p. 1624, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30D - Alabama Drycleaning Environmental Response Trust Fund. › Section 22-30D-10 - Administration Allowance; Disposition of Revenues.

Section 22-30D-10
Administration allowance; disposition of revenues.
(a) The department shall receive an administration allowance as set forth in Section 22-30D-11. Administration cost incurred by the board and actual costs of the department in rulemaking and oversight of all the provisions of this chapter shall be paid from the fund.
(b) After payment of the aforesaid expenses and the collection allowance to the Department of Revenue, the balance of the revenues collected under the provisions of this chapter shall be deposited in the fund as directed elsewhere in this chapter. Should the drycleaning registration fees abate as provided in Section 22-30D-5, the collection allowance to the Department of Revenue set forth in Section 22-30D-11 shall abate as well, and such allowance shall be reinstated when the drycleaning registration fees are reimposed as provided in Section 22-30D-5.
(Act 2000-740, p. 1624, §10.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30D - Alabama Drycleaning Environmental Response Trust Fund. › Section 22-30D-11 - Appropriations.

Section 22-30D-11
Appropriations.
(a) There is hereby appropriated from the fund to the department for the fiscal year beginning in the 2001-2002 fiscal year, and for each following fiscal year, the sum of seventy-five thousand dollars ($75,000). In addition, the department shall be entitled to be paid from the fund its actual cost of rulemaking and oversight, excluding any legal expenses incurred by the department in discharging its duties under the provisions of this chapter, which money shall be deducted and paid to the department from the revenues collected under the provisions of this chapter by the Department of Revenue.
(b) As a first charge against revenues collected under the provisions of this chapter, to offset its costs in administering such collections, there is hereby appropriated from the fund to the Department of Revenue for the 2001-2002 fiscal year, and for each following fiscal year, the sum of fifty thousand dollars ($50,000).
(Act 2000-740, p. 1624, §11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30D - Alabama Drycleaning Environmental Response Trust Fund. › Section 22-30D-12 - Notification.

Section 22-30D-12
Notification.
No later than August 23, 2000, the department shall notify owners and operators and wholesale distributors of the provisions of this chapter, the required timely payment of registration fees, the deadlines for payment thereof, and the manner in which late charges may be applied. This notification shall be accomplished by publication in newspapers of general statewide circulation.
(Act 2000-740, p. 1624, §12.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-1 - Short Title.

Section 22-30E-1
Short title.
This chapter shall be known and may be cited as the "Alabama Land Recycling and Economic Redevelopment Act."
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-2 - Legislative Findings; Purpose and Intent of Chapter; Establishment of Voluntary Assessment And/or Cleanup Program for Properties With Potential Environmental Contamination.

Section 22-30E-2
Legislative findings; purpose and intent of chapter; establishment of voluntary assessment and/or cleanup program for properties with potential environmental contamination.
(a) The Legislature finds that rural and urban property in Alabama may have areas of actual or perceived contamination at levels that may not be subject to assessment or cleanup under applicable laws and regulations. The Legislature finds that this perception of contamination discourages the purchase and productive use of otherwise usable properties. The Legislature further finds that the voluntary assessment and/or cleanup of such properties is in the public interest.
(b) The Legislature finds that industries and developers often give preference to previously unused greenfield sites over previously used property due largely to concerns over the financial and environmental liabilities which may be incurred in acquiring such previously used property for reuse and redevelopment. The Legislature further finds that the appropriate reuse and redevelopment of properties which are contaminated, or perceived to be contaminated, is in the public interest.
(c) The Legislature finds that the reuse of previously utilized property is an important component of a sound land use policy that will help to preserve heretofore undeveloped farmland, open space areas, and natural areas; and reduce public costs for installing new water, sewer, and other utilities and highway infrastructure.
(d) The Legislature finds that it is necessary to pass legislation that provides a mechanism to implement a cleanup program which encourages applicants to voluntarily assess, cleanup, and reuse such properties, while not relieving a "responsible person," as defined by Section 22-30E-3, from any liability for administrative, civil, or criminal fines or penalties otherwise authorized by law and imposed as a result of illegal disposal of waste or for pollution of the land, air, or waters of the state in violation of established laws and regulations on an identified property.
(e) Therefore, the Legislature hereby establishes a program, to be implemented, maintained, and administered by the Alabama Department of Environmental Management, to encourage the voluntary cleanup and the reuse and redevelopment of such properties.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-5 - Additional Powers and Duties of Department.

Section 22-30E-5
Additional powers and duties of department.
(a) In addition to the powers and duties specified in this chapter and in Sections 22-22A-1 to 22-22A-16, inclusive, the department shall have and may exercise the following powers and duties:
(1) To establish and collect fees from applicants for participation in the voluntary cleanup program authorized by this chapter, to be utilized for the administration of this chapter.
(2) To make determinations, in accordance with procedures and criteria enumerated in this chapter and rules and regulations promulgated pursuant to this chapter, as to whether a proposed voluntary cleanup plan is sufficient to bring the qualifying property into compliance with the cleanup standards.
(3) To monitor actions taken under approved voluntary property assessment plans and voluntary cleanup plans for the purpose of determining whether an applicant remains eligible for limitation of liability and for the purpose of determining whether to concur in a certificate of compliance.
(4) To approve voluntary property assessment plans.
(5) To approve voluntary cleanup plans.
(6) To concur with certifications of compliance.
(7) To seek and to receive federal, state, local, or other funds, grants, delegations, materials, and services applicable for the programs and activities described herein.
(b) The powers and duties described in subsection (a) may be exercised and performed by the department through such duly authorized agents and employees as the director deems necessary and proper.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-6 - Criteria for Property Qualification for Voluntary Cleanup Program.

Section 22-30E-6
Criteria for property qualification for voluntary cleanup program.
(a) In order to be considered a qualifying property for participation in the voluntary cleanup program established pursuant to this chapter, a property shall, unless granted a variance under subsection (b), meet the following criteria:
(1) The property must not be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq.
(2) The property must not be currently undergoing response activities required by an order of either the department, or the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq.
(3) The property must not be a hazardous waste treatment, storage, or disposal facility as defined in Section 22-30E-3.
(b) The department may promulgate rules and regulations to implement this section, including rules granting a variance from the eligibility requirements contained in subsection (a) pursuant to subdivision (7) of subsection (b) of Section 22-30E-4.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-7 - Criteria for Applicant Participation in Voluntary Cleanup Program.

Section 22-30E-7
Criteria for applicant participation in voluntary cleanup program.
(a) To qualify for participation in the voluntary cleanup program as provided in this chapter, an applicant shall not, unless granted a variance under subsection (b), be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the department with respect to the qualifying property.
(b) The department may promulgate rules and regulations to implement this section, including rules granting a variance from the eligibility requirements contained in subsection (a) pursuant to subdivision (7) of subsection (b) of Section 22-30E-4.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-8 - Criteria for Qualification for Limitation of Liability.

Section 22-30E-8
Criteria for qualification for limitation of liability.
(a) To qualify for a limitation of liability as provided in subsection (a) of Section 22-30E-9, an applicant shall meet all the following criteria:
(1) The applicant shall not be a responsible person, as defined in Section 22-30E-3, at the qualifying property.
(2) Where the applicant is an individual, the individual shall not: Be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with a current owner of the subject property or any responsible person on the subject property.
(3) Where the applicant is a corporation or other legal entity, the corporation must not: Be a current or former subsidiary, division, parent company, or partner; or be the employer or former employer of the current owner; or be any responsible person on the subject property.
(4) The applicant shall be in good standing with respect to any order, judgment, statute, rule, or regulation subject to the enforcement authority of the department.
(b) Applicants which do not meet the criteria in subsection (a), shall qualify only for a limitation of liability as provided in subsection (f) of Section 22-30E-9.
(c) The department may promulgate rules and regulations to implement this section.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-11 - Voluntary Cleanup Properties Inventory List.

Section 22-30E-11
Voluntary Cleanup Properties Inventory list.
(a) Beginning on August 21, 2001, the department shall compile and update as necessary an inventory of all qualifying properties for which a voluntary properties assessment plan or cleanup plan has been approved by the department. At least annually, beginning July 1, 2002, the department shall send a copy of the inventory with the properties listed by county to the clerk of each probate court of the state, who shall place and maintain the most current copy of the inventory in the room or rooms in which the deed records of the county are kept. The inventory shall be called the Voluntary Cleanup Properties Inventory. The inventory shall include all the following information:
(1) The name of the property or another description identifying the property.
(2) The location of the property.
(3) The name of the owner of the property at the time of the property's inclusion in the inventory.
(4) A general description of the voluntary property assessment plan or voluntary cleanup plan.
(5) If a property is to be cleaned up to standards less stringent than those required for unrestricted residential use, a description of the standards to which the property will be cleaned up and of any use restrictions which are imposed due to the nonresidential remediation.
(b) Beginning August 21, 2001, the property owner of any property listed on the inventory which is designated as having been cleaned up to standards less stringent than those required for unrestricted residential use shall include the following notice in any deed, mortgage, deed to secure debt, lease, rental agreement, or other instrument given or caused to be given by the property owner which creates an interest in the property:
"This property has been listed on the state's Voluntary Cleanup Properties Inventory and has been cleaned up to standards less stringent than those required for unrestricted residential use due to the presence of substances regulated under state law. Certain uses of this property may require additional cleanup. Contact the property owner or the Alabama Department of Environmental Management for further information concerning this property. This notice is provided in compliance with the Alabama Land Recycling and Economic Redevelopment Act."
(c) Upon a written determination by the department that a property has been cleaned up to standards suitable for unrestricted residential use, the notices required by subsection (b) shall be removed from the subject property records for the property.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-12 - Alabama Land Recycling and Economic Redevelopment Commission.

Section 22-30E-12
Alabama Land Recycling and Economic Redevelopment Commission.
REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-152 EFFECTIVE JUNE 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30E - Alabama Land Recycling and Economic Redevelopment Act. › Section 22-30E-13 - Stakeholders Advisory Committee.

Section 22-30E-13
Stakeholders Advisory Committee.
(a) Within 90 days of May 21, 2001, the department shall notify potentially affected and other interested parties to invite participation in developing the program created by this chapter, and schedule an initial meeting with them.
(b) Upon promulgation of regulations, the department and the committee shall continue to meet at least once annually to review progress under the regulations and recommend needed changes.
(c) Participation on the stakeholders advisory committee shall be on a voluntary basis. No salary or compensation shall be allowed any member of such committee for services thereon, and no travel, subsistence, or other expenses incurred in participating in committee activities shall be allowed.
(Act 2001-635, p. 1225, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-1 - Short Title.

Section 22-30F-1
Short title.
This chapter shall be known and may be cited as the "Alabama Land Recycling Finance Authority."
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-5 - Alabama Land Recycling Finance Authority. - Generally.

Section 22-30F-5
Alabama Land Recycling Finance Authority. - Generally.
The Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department, and the Director of Finance may become a public corporation to be known as the Alabama Land Recycling Finance Authority with the power and authority hereinafter provided, by proceeding according to the provisions of this chapter.
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-7 - Alabama Land Recycling Finance Authority - Powers.

Section 22-30F-7
Alabama Land Recycling Finance Authority - Powers.
(a) The authority shall have each of the following powers, among others specified by or required to implement this chapter:
(1) To sue and be sued and to prosecute and defend, at law and in equity, in any court having jurisdiction of the subject matter and of the parties thereto.
(2) To have and to use a corporate seal and to alter such seal at pleasure.
(3) To establish a fiscal year.
(4) To acquire in any manner and to hold title to or leasehold interests in real and personal property and to sell, convey, or lease the same for the purpose of carrying out its functions and duties hereunder.
(5) To construct and operate or lease to or from any public body any one or more projects.
(6) To execute agreements obligating the authority to agree to pay and to pay such portion of the estimated reasonable cost of the project of each public body as may be required to meet the requirements of any federal act and the state.
(7) To make loans to public bodies and to enter into agreements with public bodies deemed necessary by the authority.
(8) To appoint and employ such banks, attorneys, financial advisors, agents, and employees as the business of the authority may require.
(b) The authority shall use accounting, audit, and fiscal procedures conforming to generally accepted government accounting standards. The authority shall hire or contract with banks, attorneys, financial advisors, agents, and employees which reflect the racial and ethnic diversity of the state. A report shall be made annually to the Legislature on the second legislative day of each regular session detailing the extent to which this diversity provision has been implemented.
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-8 - Funding of a Loan.

Section 22-30F-8
Funding of a loan.
(a) In order to provide for the funding of a loan by the authority for a project to the public body, such public body shall, to the extent required by the authority as a condition precedent to the making of a loan, establish a dedicated source of revenue to repay the moneys received from the authority and to provide for operation, maintenance, and equipment replacement expenses. Such public body is hereby authorized and empowered, any existing statute to the contrary notwithstanding, to do and perform any one or more of the following:
(1) To obligate itself to pay to the authority at periodic intervals a sum sufficient to provide bond debt service with respect to the bonds of the authority issued to fund the loan for such project.
(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 fee or charge for services from any one or more utility systems owned by such public body.
b. Any licenses, permits, taxes, and fees.
c. Any special assessment on the property assessed, cleaned up, or benefited by the project.
d. Other revenue available to the public body.
(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 subdivision (2), or to impose upon itself a general obligation pledge to the authority additionally secured by a pledge of any one or more of such sources.
(4) To obligate itself to continue to levy and collect such revenues, fees, and charges in such amounts as shall be required by the authority.
(5) As evidence of its obligation to repay any loan made by the authority, to issue its bonds, warrants, or other obligations.
(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 loan to the public body to aid it in the construction or acquisition of a project.
(b) In the event of default, the authority may cause all principal and interest on any loan to be immediately due and payable and utilize all available remedies under state law.
(c) All loans made by the authority shall provide that repayment of such loans shall begin not later than one year after certification of completion of the project, pursuant to subdivision (6) of subsection (c) of Section 22-30E-9, for which such loan was made and shall be repaid in full no later than 10 years after completion of such certification.
(d) The recipients of loans shall maintain project accounts in accordance with generally accepted government accounting standards.
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-9 - Usury Exemption.

Section 22-30F-9
Usury exemption.
All notes, bonds, or other securities issued by the authority shall be exempt from the laws of the state governing usury or prescribing or limiting interest rates, including, but without limitation, the provisions of Chapter 8, commencing with Section 8-8-1, of Title 8.
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-10 - Capitalization Grant Agreements, Operating Agreements, Other Arrangements.

Section 22-30F-10
Capitalization grant agreements, operating agreements, other arrangements.
The department is hereby authorized to enter into capitalization grant agreements, operating agreements, and other arrangements required by the United States Environmental Protection Agency, other federal agencies, or other entities as a condition precedent to the receipt of funds necessary to capitalize the revolving loan fund. The department shall have full and continuing power to do all things necessary to be and remain in compliance with the provisions of any applicable federal act necessary to cause the state to receive assistance under any such federal act for the purposes herein stated.
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 30F - Alabama Land Recycling Finance Authority. › Section 22-30F-11 - Legislative Intent.

Section 22-30F-11
Legislative intent.
This chapter is intended to aid the state through the furtherance of its purposes by providing an appropriate and independent instrumentality of the state with full and adequate powers to fulfill its functions. No proceeding, notice, or approval shall be required for the incorporation of the authority, the purchase or making of any loan, or the exercise of any other power by the authority.
(Act 2003-403, p. 1176, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 31 - Determination of Death. › Section 22-31-1 - Determination of Death.

Section 22-31-1
Determination of death.
An individual who, in the opinion of a medical doctor licensed in Alabama, has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death must be made in accordance with accepted medical standards.
(Acts 1979, No. 79-165, p. 276, §1; Act 2000-710, p. 1506, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 31 - Determination of Death. › Section 22-31-2 - Use of Other Methods.

Section 22-31-2
Use of other methods.
Nothing in this chapter shall prohibit a physician from using other procedures based on accepted medical standards for determining death as the exclusive basis for pronouncing a person dead.
(Acts 1979, No. 79-165, p. 276, §2; Act 2000-710, p. 1506, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 31 - Determination of Death. › Section 22-31-3 - Procedure Where Part of Body to Be Used for Transplantation.

Section 22-31-3
Procedure where part of body to be used for transplantation.
(a) When a part of a donor is proposed to be used for transplantation pursuant to Article 3 of Chapter 19 of this title and the death of the donor is determined as set forth in Section 22-31-1, there shall be an independent confirmation of the death by another medical doctor licensed in Alabama. Neither the physician making the determination of death nor the physician making the independent confirmation shall participate in the procedures for removing or transplanting a part.
(b) When a part of a donor is proposed to be used for transplantation pursuant to Article 3 of Chapter 19 of this title and the death of the donor is determined as set forth in Section 22-31-1, complete patient medical records shall be kept, maintained and preserved.
(Acts 1979, No. 79-165, p. 276, §§3, 4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 31 - Determination of Death. › Section 22-31-4 - Liability for Acts.

Section 22-31-4
Liability for acts.
A person who acts in accordance with the terms of this chapter is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act.
(Acts 1979, No. 79-165, p. 276, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 32 - Southeast Interstate Low-Level Radioactive Waste Management Compact. › Section 22-32-2 - Members of Southeast Interstate Low-Level Radioactive Waste Management Commission.

Section 22-32-2
Members of Southeast Interstate Low-Level Radioactive Waste Management Commission.
The Director of the Bureau of Radiological Health and the Director of the Department of Energy shall serve as members of the Southeast Interstate Low-Level Radioactive Waste Management Commission. As directors of departments or agencies of this state, they may designate a subordinate officer or employee of their department or agency to serve in this stead as permitted by Article IV A. of the compact. The reference to the "Bureau of Radiological Health" anywhere in this chapter shall mean the Radiological Health Program of the Department of Public Health.
(Acts 1982, No. 82-328, p. 441, §2; Acts 1983, No. 83-511, p. 720, §2; Acts 1988, No. 88-534, p. 804, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 32 - Southeast Interstate Low-Level Radioactive Waste Management Compact. › Section 22-32-3 - Acquisition of Waste Disposal Site.

Section 22-32-3
Acquisition of waste disposal site.
The Department of Energy may accept gifts or grants of title to real property for establishing a low-level radioactive waste disposal site. Further, upon the determination by the Governor of the existence of a need for a site by Alabama citizens within the next five years, the Department of Energy may acquire title to real property by purchase, condemnation, or otherwise for the establishment of a low-level radioactive waste site. Such need may include designation of the State of Alabama as a host state for a low-level radioactive treatment, storage or disposal site by the Southeast Low-Level Radioactive Waste Management Commission.
(Acts 1982, No. 82-328, p. 441, §3; Acts 1983, No. 83-511, p. 720, §3.)