reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-6 - Penalty for Violations of Chapter.

Section 22-26-6
Penalty for violations of chapter.
Any person, firm, corporation or municipal corporation responsible for conforming or maintaining as required in this chapter and who fails to conform or maintain in violation of said specifications, rules and regulations shall be guilty of a misdemeanor, punishable, upon conviction, by a fine of not to exceed $500.00.
(Acts 1969, No. 1127, p. 2089, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 26 - Sewage Collection, Treatment and Disposal Facilities. › Section 22-26-7 - Certain Land Subdivided for Single-Family Residences and Not Having Access to Public Sewer Not Subject to Subdivision Regulations of State Board of Health.

Section 22-26-7
Certain land subdivided for single-family residences and not having access to public sewer not subject to subdivision regulations of State Board of Health.
(a) Land subdivided for single-family residential purposes into lots of not less than three acres in size shall not be subject to the subdivision criteria and the rules and regulations imposed by the State Board of Health upon development where said lots do not have access to public sewer system where:
(1) There is a plat restriction that the land will not be further divided into parcels of less than three acres in size until such lots have access to a public sewer system;
(2) Where the bedrock elevation is of sufficient depth below ground elevation to install a septic tank of sufficient capacity, header line and adequate field line system leading from said septic tank;
(3) Where the standard, residential percolation test times shall not exceed 60 minutes per inch, without additional information; and
(4) Where the water table elevation is not within five feet of ground elevation.
(b) At such time that all such adjoining lots have access to a public sewer system, the property may be further subdivided into lots of less than three acres in size for residential and other purposes, provided the residences and other structures designed for human habitation on the property use such public sewer system.
(c) Where said land is subdivided into parcels containing any tracts five acres in size and larger, such tracts shall not be subject to the provisions of subdivision (3) of subsection (a) of this section.
(Acts 1978, No. 776, p. 1133; Acts 1980, No. 80-399, p. 557.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-1 - Short Title.

Section 22-27-1
Short title.
This article shall be known as the "Solid Wastes and Recyclable Materials Management Act."
(Acts 1969, No. 771, p. 1373, §1; Act 2008-151, p. 244, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-4 - Hazardous Wastes; Unauthorized Dumps; Vermin Controls.

Section 22-27-4
Hazardous wastes; unauthorized dumps; vermin controls.
(a) Hazardous wastes. Hazardous wastes shall be managed in accordance with the provisions of Sections 22-30-1 through 22-30-24, and the rules promulgated thereunder.
(b) Unauthorized dumps. The creation, contribution to, or operation of unauthorized dumps shall be prohibited, removed, enjoined, and enforced upon and regulated as provided in this article generally, and Section 22-27-11, specifically.
(c) Vermin controls. Rodents and insects of public health importance, including, but not limited to, rats, flies, and mosquitoes shall be controlled in a manner consistent with the administrative rules of the Board of Health and the department, and the closure of any unauthorized dump where deemed necessary by the health officer and the department, shall be accompanied by an adequate vermin eradication program to prevent the spread of vermin to nearby properties.
(Acts 1969, No. 771, p. 1373, §3; Acts 1982, No. 82-612, p. 1111, §11(f); Act 2008-151, p. 244, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-5.1 - Tipping Fee for Use of Certain County Landfills.

Section 22-27-5.1
Tipping fee for use of certain county landfills.
(a) Notwithstanding any other provision of law, any county having a population of 25,000 inhabitants or less, according to the 1990 federal decennial census, which voluntarily operates a landfill as defined in Section 22-27-2(8), may charge a tipping fee for use of the county landfill. The county may deposit any or all of the tipping fee in the county general fund to be used for county general purposes. This section shall not be construed to grant any solid waste disposal authority or unit of local government the authority to impose a tipping fee on the processing, treatment, or disposal of solid waste at a privately-owned or privately-operated solid waste facility.
(b) The provisions of this section are remedial and shall be given retroactive effect for any time period for any county to which this section applies and which has operated a county landfill for inert solid waste.
(Act 98-610, p. 1342, §§1, 2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-7 - Supervision and Regulatory Control; Rules and Regulations; Penalty for Violation of Article.

Section 22-27-7
Supervision and regulatory control; rules and regulations; penalty for violation of article.
With regard to the collection of solid wastes, the Health Department shall exercise such supervision over equipment, methodology and personnel in the management of solid wastes as may be necessary to enforce sanitary requirements, and the state and county boards of health may adopt such rules and regulations as may be needed to specify methodology and procedures to meet the requirements of this article. With regard to the disposal of solid wastes, the department shall exercise such regulatory control over the management of solid wastes as may be necessary to enforce the requirements of the department, and the department may adopt such rules and regulations as may be needed to meet the requirements of this article. Any person violating any provision of this article or any rule or regulation made pursuant to this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $200.00, and, if the violation or failure or refusal to obey or comply with such provision of this article or such rule or regulation is a continuing one, each day's violation shall constitute a separate offense and shall be punished accordingly. Any person, firm or corporation granted an exception under subsection (g) of Section 22-27-3 who or which fails to carry out and comply with the provisions of the proposals embodied in the application and plan upon which a certificate of exception was issued to him or it shall be guilty of a misdemeanor and shall be punished as provided in this section. Any person, firm or corporation which has not been issued a certificate of exception under subsection (g) of Section 22-27-3 and which utilizes the Solid Waste Disposal System of any county or municipality and which fails to pay the fee, rate or charge established by the county commission or municipal governing body therefor shall be guilty of a misdemeanor and shall be punished as provided in this section. All citations to violators of this article shall be served by any lawful officer or by the Solid Waste Officer.
(Acts 1969, No. 771, p. 1373, §6; Acts 1971, No. 2247, p. 3604, §3; Acts 1982, No. 82-612, p. 1111, §11(f); Acts 1989, No. 89-630, p. 1231, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-8 - Financial Assurance.

Section 22-27-8
Financial assurance.
(a) All persons having or requesting a permit for the operation of a municipal solid waste landfill shall establish and maintain financial assurance for proper closure, post-closure care, or corrective action in the form and amount the department specifies by regulation. This requirement is applicable to all municipal solid waste landfills required by federal law or regulations to demonstrate such assurance.
(b) All municipal solid waste landfills permitted or to be permitted by the department shall submit financial assurance forms and supporting documents to the department, and such forms and documents shall establish that there is funding to the appropriate levels required by department regulation. The financial assurance mechanism shall be maintained for the life of the municipal solid waste landfill, and for a period of not less than 30 years after closure, unless the owner or operator demonstrates to the director that a period less than 30 years is sufficient to protect human health and the environment and the director approves this demonstration, or the solid waste is removed and the department determines that no waste or contamination remains at the site. The department may extend post-closure care or corrective action periods for longer than 30 years when necessary to protect human health and the environment.
(c) The financial assurance and requirements established by the department pursuant to this section shall in all respects comply with Environmental Protection Agency rules and regulations regarding closure, post-closure care, or corrective action for a municipal solid waste landfill. In no event shall the department require financial assurance or other requirements pursuant to this section which are more stringent than the Environmental Protection Agency requirements in effect at the time.
(d) The department may adopt rules necessary to implement this section.
(Act 2005-302, 1st Sp. Sess., p. 596, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-9 - Authority of Department of Environmental Management and Department of Public Health.

Section 22-27-9
Authority of Department of Environmental Management and Department of Public Health.
(a) The Department of Environmental Management shall be the agency with primary regulatory authority over the management of solid waste in the state, except for the collection and transportation of nonhazardous and nonmedical solid waste. The department may exercise the regulatory authority over the permitting and operation of solid waste management facilities necessary to enforce the requirement and purposes of this article.
(b) The Alabama Department of Public Health shall have primary regulatory authority over the collection and transportation of solid waste, excluding medical waste and hazardous waste, the management of sanitary waste in septic tanks, excluding landfill disposal, and the management of collection activities including, but not limited to, the provision of collection services by county and municipal governing bodies, participation in local collection systems, the temporary retainment of solid waste on the generator's own property, not constituting storage, and any containers, or container systems used in the collection of solid waste, such as bulk refuse receptacles, dumpsters, roll-off containers, and household collection carts. The State Board of Health may adopt rules necessary to enforce the requirements of this article.
(c) The State Health Officer and the Director of the Alabama Department of Environmental Management shall ensure that their responsibilities under this article are consistently and equitably applied.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-11 - Violations; Penalties; Administrative Orders; Injunctive Relief.

Section 22-27-11
Violations; penalties; administrative orders; injunctive relief.
(a) Any violation of this article, any rule promulgated under the authority of this article, any order issued under the authority, or any term or condition of any permit issued under the authority of this article is unlawful. In addition to any penalties lawfully assessed, any person committing a violation shall be liable for all costs of abatement of any pollution and correction of any public nuisance caused by the violation.
(b) The department may issue administrative orders under Section 22-22A-5 or initiate civil actions, or both, as it deems necessary against any person in the enforcement of this article, or any regulation promulgated or permit issued under the authority of this article.
(c) In addition to any other remedies provided in this article, the department or the health department may institute suit against any person for a violation of law or, whenever a public nuisance is threatened or exists, for an injunction to restrain a violation of this article or the rules, standards, or orders adopted or issued under this article.
(d) In addition to any other remedies provided in this article, upon relation of the Attorney General or any district attorney, an action may be brought in a court of competent jurisdiction for an injunction to restrain any and all violations of this article, or the rules promulgated under this article, or to restrain any public nuisance or detriment to public health.
(e) Except as otherwise provided by law, other than administrative orders and notices issued by the department or the health department to enforce this article, all citations to violators of this article shall be served by any law enforcement officer or by the solid waste officer.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-13 - Search Warrants.

Section 22-27-13
Search warrants.
The department or any appropriate law enforcement agency may apply for, and any judge of a court of record may issue, an appropriate search warrant necessary to achieve the purposes of this article within the court's territorial jurisdiction. The warrant shall be issued upon probable cause.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-14 - Commencement of Actions.

Section 22-27-14
Commencement of actions.
Notwithstanding any other law to the contrary, actions to correct any violations of this article, the rules promulgated under this article, or for civil or criminal penalties under this article shall be commenced within a period of four years from the date the offense is discovered by the department or other enforcing agency or person.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-15 - Establishment and Review of Reduction Goals.

Section 22-27-15
Establishment and review of reduction goals.
(a) No later than October 15, 2009, the department shall establish, by rule, a goal for the percentage, on a statewide basis only, of the reduction in the amount of household and commercial solid waste and the time frames for that reduction. Reduction, by means including, but not limited to, recycling, source reduction, waste minimization, reuse, and composting shall be determined at public solid waste disposal or incineration facilities on a statewide, per capita basis. In order to evaluate the statewide efforts, the department shall adopt rules for the determination of the base year data, and reporting requirements by local governing bodies and public solid waste disposal or incineration facilities, to include both the quantity and origin of the solid waste disposed or incinerated at such facilities. Notwithstanding anything herein to the contrary, the reduction goals shall emphasize activities prior to the delivery of solid waste to public solid waste disposal or incineration facilities, unless reduction activities are provided on the site of the solid waste disposal or incineration facility under an agreement between the generator or collector of the solid waste and the solid waste disposal facility.
(b) Every three years after the implementation of subsection (a), the director shall review the solid waste reduction activities of the state and determine whether the reduction goal established pursuant to this section should be modified by future rulemaking.
(c) In determining the minimum solid waste reduction goals, the department may consider factors such as local collection and disposal costs, solid waste composition, the population density of counties or municipalities, and the distance to available markets for recovered materials.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-16 - Ownership and Disposition of Recovered Materials.

Section 22-27-16
Ownership and disposition of recovered materials.
Notwithstanding any other law or any provision of this article to the contrary, a generator of recovered materials owns those materials until such time as the generator may voluntarily relinquish ownership of those materials. The generator may not be prohibited from selling, conveying, or arranging for the transportation of recovered materials to a recycler or recovered materials processing facility for reuse or recycling, nor preventing a recycling company, recovered materials processing facility, or nonprofit entity from buying, accepting, collecting, or transporting recovered materials from a buy-back center, drop-box, or from any generator of recovered materials.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 1 - Solid Wastes Disposal Act. › Section 22-27-18 - Solid Waste Fund; Alabama Recycling Fund.

Section 22-27-18
Solid Waste Fund; Alabama Recycling Fund.
(a) There are established separate special revenue trust funds in the State Treasury to be known as the Solid Waste Fund (SWF) and the Alabama Recycling Fund (ARF). These funds shall be used for the purposes set forth in this article and for no other governmental purposes, nor shall any portion hereof ever be available to borrow from by any branch of government, it being the intent of the Legislature that these funds and their increments shall remain intact and inviolate for the purposes set out in this article. Any interest or earnings on the funds shall be credited only to the funds.
(b) The funds shall be audited annually by the Department of Examiners of Public Accounts.
(c) No funds shall be withdrawn or expended from the funds created in subdivision (a) except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and 41-19-1 to 41-19-12, inclusive, and only in amounts as stipulated in the general appropriations act or other appropriation acts.
(Act 2008-151, p. 244, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-20 - Definitions.

Section 22-27-20
Definitions.
For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:
(1) COUNTY. Each county in the state.
(2) MUNICIPALITY. A municipal corporation in the state.
(3) STATE. The State of Alabama.
(4) SOLID WASTES DISPOSAL ACT. Article 1 of this chapter.
(5) SOLID WASTES COLLECTION AND DISPOSAL FACILITIES. All real and personal property, including land, structures, trucks and other motor vehicles, incinerators, sanitary landfills, compost plants and other property of any kind used or useful for collection and disposal, or either, of solid wastes, as that term is defined in the Solid Wastes Disposal Act.
Wherever any term defined in Section 22-27-2 of the Solid Wastes Disposal Act is used in this article, the said term shall be deemed to have the same meaning as that ascribed to it in Section 22-27-2 of the Solid Wastes Disposal Act.
(Acts 1971, No. 1197, p. 2068, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-21 - Purpose and Construction of Article.

Section 22-27-21
Purpose and construction of article.
It is the intention of the Legislature by the passage of this article to authorize each county in the state to finance the acquisition by such county of facilities for the collection and disposal of solid wastes by the sale and issuance of interest-bearing warrants of such county and to refund any warrants issued under this article. This article shall be liberally construed in conformity with the said intention.
(Acts 1971, No. 1197, p. 2068, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-22 - Authority of Counties to Issue and Sell Warrants; Full Faith and Credit of County Pledged to Payment; Restrictions on Use of Proceeds.

Section 22-27-22
Authority of counties to issue and sell warrants; full faith and credit of county pledged to payment; restrictions on use of proceeds.
Each county shall have the power from time to time to sell and issue interest-bearing warrants of such county for the purpose of paying costs to that county of acquiring and providing solid wastes collection and disposal facilities. Such warrants may be in such denomination or denominations, may have such maturity or maturities not exceeding 30 years from their date, may bear interest from their date at such rate or rates payable at such times, may be payable at such place or places within or without the state, may be sold at such time or times and in such manner, whether publicly or privately, may be executed in such manner and may contain such terms not in conflict with the provisions of this article, all as the county commission of such county may provide in the proceedings wherein the warrants are authorized to be issued. All such warrants shall evidence general obligation indebtedness of the county by which they are issued, and the full faith and credit of the county shall be irrevocably pledged for the payment of the principal thereof and interest thereon. The proceeds derived from the sale of any such warrants shall be used solely for the purpose for which they are authorized to be issued, including the payment of any expenses incurred in connection with the issuance thereof.
(Acts 1971, No. 1197, p. 2068, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-24 - Refunding Warrants.

Section 22-27-24
Refunding warrants.
Each such county may, in like manner, from time to time, issue refunding warrants, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants then outstanding which were issued under the provisions of this article and the interest thereon and paying any premium necessary to be paid to retire the outstanding warrants refunded thereby. The provisions of this article applicable to the warrants so refunded shall likewise be applicable to such refunding warrants.
(Acts 1971, No. 1197, p. 2068, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-25 - Investment of Trust Funds in Warrants.

Section 22-27-25
Investment of trust funds in warrants.
Unless otherwise directed by the court having jurisdiction thereof or by the document that is the source of authority, a trustee, executor, administrator, guardian or one acting in any other fiduciary capacity may, in addition to any other investment powers, invest trust funds in warrants issued under the provisions of this article.
(Acts 1971, No. 1197, p. 2068, §6.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-26 - Warrants and Interest Coupons as Claims Against County.

Section 22-27-26
Warrants and interest coupons as claims against county.
The issuance of warrants and any interest coupons applicable thereto, pursuant to the provisions of this article and in accordance with the authorization of the county commission issuing such warrants, shall be deemed to constitute an audit and allowance by such county commission of a claim, in the aggregate principal amount of such warrants and interest coupons, against the county and against any tax proceeds and any revenues, or either thereof, pledged for payment of such warrants pursuant to the provisions of this article. No proof of registration or other audit or allowance of such claim shall be required, and such warrants and interest coupons shall, from and after the date of their lawful issuance, be deemed to be allowed claims against the county by which they were issued and against any tax proceeds and revenues, or either, so pledged therefor.
(Acts 1971, No. 1197, p. 2068, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 2 - Financing Solid Waste Collection and Disposal Facilities. › Section 22-27-27 - Conflicts With Other Laws; Section 11-8-10 Not Applicable to Warrants Issued Under This Article.

Section 22-27-27
Conflicts with other laws; Section 11-8-10 not applicable to warrants issued under this article.
Insofar as the provisions of this article may be inconsistent with the provisions of any other law, the provisions of this article shall control. It is specifically declared that the provisions of Section 11-8-10 shall not be applicable to the warrants issued under the provisions of this article.
(Acts 1971, No. 1197, p. 2068, §8.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 3 - Solid Waste Management Plan. › Section 22-27-41 - Legislative Purpose.

Section 22-27-41
Legislative purpose.
The purpose of this article is to protect the public health and the state's environmental quality and to serve the public by recognizing the responsibilities of units of local government for the orderly management of solid wastes generated within their jurisdictions, and to require that decisions about the management of solid wastes shall be based on comprehensive local, regional and state planning. The terms and obligations of this article shall be liberally construed to achieve remedies intended.
(Acts 1989, No. 89-824, p. 1638, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 3 - Solid Waste Management Plan. › Section 22-27-42 - Legislative Intent.

Section 22-27-42
Legislative intent.
In furtherance of the policies and purposes set forth herein, it is the intent of this legislation:
(1) To develop an integrated system of planning for solid waste management in the state by local governments, regional planning commissions and the department;
(2) To put in place the necessary procedures so that an effective and integrated statewide network of solid waste management facilities may be planned, developed and operated for the benefit of the people of the state;
(3) To assure that solid waste management planning and implementation activities should, to the extent economically feasible, encourage:
a. Reduction of the amount of source waste generated;
b. Source separation and recycling; and
c. Waste processing such as the utilization of a waste-to-energy technology to reduce the volume of waste necessary for land disposal.
(4) To facilitate the siting of solid waste management facilities as required to meet present and projected state and local needs;
(5) To facilitate the reduction of solid waste volumes within the state;
(6) To foster and encourage recycling of solid wastes as an alternative to disposal;
(7) To assure public involvement in the development and implementation of plans for the management of solid wastes;
(8) To encourage private industry to continue to play a key role in the state's solid waste management programs;
(9) To assure that solid waste management facilities and services are provided to state residents in a manner which assures their availability at reasonable costs; and
(10) To assure that the creation, licensing, and operation of landfill solid waste disposal facilities should be limited to what is reasonably required to service the needs of the inhabitants and businesses of this state, having regard for alternative technologies for waste reduction, management and disposal.
(Acts 1989, No. 89-824, p. 1638, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 3 - Solid Waste Management Plan. › Section 22-27-43 - Definitions.

Section 22-27-43
Definitions.
All terms used in this article shall be defined as such terms are defined in Section 22-27-2.
(Acts 1989, No. 89-824, p. 1638, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 3 - Solid Waste Management Plan. › Section 22-27-44 - Solid Waste Management Advisory Committee.

Section 22-27-44
Solid Waste Management Advisory Committee.
There is hereby created a twelve member Solid Waste Management Advisory Committee to advise on the development of the Solid Waste Management Plan. The committee members shall be named as follows: two representatives designated by the Governor who shall be private citizens and who shall have been residents of the state for at least two years; two representatives designated by the State Health Officer; two representatives designated by the board of directors of the Association of County Commissions of Alabama; two representatives designated by the board of directors of the Alabama League of Municipalities; one member of the Alabama Environmental Management Commission selected by the commission; one representative from the Alabama Chapter of the Government Refuse Collection and Disposal Association selected from its membership by its board of directors; president of the Alabama Conservancy; and the chairman of the committee who shall be the chief of the Solid Waste Branch of the Department of Environmental Management. Said committee shall meet as necessary and shall advise the director of the Department of Environmental Management regarding the general development of the Solid Waste Management Plan and about such other specific matters as he shall bring to the committee's attention. Committee members shall serve without pay, but shall be reimbursed by the department for their actual expenses.
(Acts 1989, No. 89-824, p. 1638, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 3 - Solid Waste Management Plan. › Section 22-27-46 - Regional Planning and Development Commissions.

Section 22-27-46
Regional planning and development commissions.
(a) Not later than six months from May 16, 1989, each regional planning and development commission in the state shall prepare and adopt a regional needs assessment evaluating solid waste management needs in their respective regions. This regional needs assessment shall be submitted to the department for information and review and shall be considered by units of local government within the region in the development of their individual plans as required herein. Thereafter, the assessment shall be revised and submitted to the department and local governments in the region annually. The regional needs assessment shall include, at a minimum, the following:
(1) An evaluation of the amount of solid waste generated within the region and the amount of remaining disposal capacity, expressed in years, at each solid waste disposal facility within the region;
(2) An evaluation of the needs of all localities within the district as to the adequacy or inadequacy of solid waste collection, transportation and disposal within those localities;
(3) A projection of the expected population and business growth in the region, including specific estimates of the types of businesses which may be entering and leaving the region and the resulting impact such changes will likely have on waste volumes generated in the region;
(4) An evaluation of the environmental, economic and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the region.
(b) In addition to the development of and periodic revision of an assessment of the region's solid waste management needs, each regional planning commission shall:
(1) Evaluate, as necessary, the solid waste management needs of all local governments within their regions;
(2) Formulate, as requested, recommendations to local governments on solid waste management issues including the feasibility of joint efforts within the region acting to develop and operate a solid waste management or disposal facility and foster cooperation on such matters;
(3) Provide, upon request, assistance to local governments within the region to formulate their own plans for evaluating needs and providing adequate solid waste management within their jurisdictions; and
(4) Serve as a clearinghouse for local governments in the region regarding solid waste management information.
(Acts 1989, No. 89-824, p. 1638, §7.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 3 - Solid Waste Management Plan. › Section 22-27-49 - Moratorium on Issuance of Permits.

Section 22-27-49
Moratorium on issuance of permits.
(a) For the purpose of evaluating solid waste management problems facing the state and to allow for the development of comprehensive plans to identify and provide for the state's solid waste management needs, there is hereby imposed a moratorium on the issuance by the Department of Environmental Management of any new or modified permits or transfers of existing permits for solid waste management facilities which receive or are intended to receive wastes not generated by the permittee. Said moratorium shall not apply to industrial landfills receiving waste generated in state only by the permittee. Modifications for the limited purposes of changing liner and leachate collection design, changes in waste streams from within the facility's designated service area, changes in sequence of fill, and changes to incorporate new technology, or changes intended to bring a facility into compliance with statutes and regulations are specifically excluded from this moratorium. Said moratorium shall continue for a period of 24 months from May 16, 1989, or until the completion and adoption of the comprehensive state and local solid waste management plans required herein, whichever occurs first. The director is hereby authorized to waive the limitation imposed by this moratorium for a particular facility upon a finding based upon a recommendation by the State Health Officer and accompanied by a resolution from the host government. The request for waiver shall be initiated by resolution of the governing body of the jurisdiction which recognizes a potential crisis in solid waste management in the jurisdiction unless a permit application or modification for a facility intended to serve the area is approved. Said resolution shall be adopted at a public meeting of the governing body following publication of at least one notice in a newspaper of general circulation in the area at least 10 days prior to the meeting. Said resolution shall request the State Health Officer to determine if the situation poses a threat to human health or the environment within the jurisdiction based upon substantive criteria to be established by rule of the State Board of Health. In the event the State Health Officer so certifies, the moratorium may be waived and the director may issue a permit or modification for the limited purpose of serving the jurisdiction or jurisdictions identified in the State Health Officer's certification.
(b) Any application approved by A.D.E.M. during the moratorium period pursuant to solid waste siting shall encourage recycling of said solid waste.
(Acts 1989, No. 89-824, p. 1638, §§10, 11.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4 - Disposal of Waste Cooking Grease and Animal Byproducts. › Section 22-27-70 - Definitions.

Section 22-27-70
Definitions.
When used herein the following words and terms shall have meaning ascribed below unless the context clearly indicates otherwise.
(1) COMMERCIAL ESTABLISHMENT. Any food service establishment, retail food store, public or private school, food processing establishment, or other establishment where food is sold or offered for sale; or any establishment that slaughters, fabricates, bones, or processes animals, poultry, or fish, whether or not required by law to be licensed or permitted by an agency of the State of Alabama.
(2) DISPOSE. To discard or carry away, whether personally or by and through a contractor, and whether for the purposes of recycling, reuse, or reprocessing or for ultimate elimination.
(3) INEDIBLE ANIMAL BY-PRODUCT. Any bone, fat, offal, carcass, blood, skin, hide, tallow, lard, feather, horn, hoof, or any other solid by-product derived from any animal, poultry, or fish, as part of the operation of a commercial establishment; but not to include post-consumer waste from retail food service establishments or commercial kitchens.
(4) WASTE COOKING GREASE. Grease, fat, or oil, whether derived from plant or animal or any combination thereof, previously used in the cooking or preparation of food for animal or human consumption and is no longer suitable for such use.
(Act 2001-661, p. 1383, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4 - Disposal of Waste Cooking Grease and Animal Byproducts. › Section 22-27-71 - Disposal in Approved Manners.

Section 22-27-71
Disposal in approved manners.
All commercial establishments, except nonlicensed or permitted family farms, which produce waste cooking grease or any inedible animal by-product in the course of doing business shall dispose of such grease or by-product only in a manner approved by the agency granting a license or permit to operate the establishment, if applicable, or in any case in a manner approved by the Department of Agriculture and Industries, Department of Environmental Management, Department of Public Health, or local water and wastewater utilities, as appropriate.
(Act 2001-661, p. 1383, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4 - Disposal of Waste Cooking Grease and Animal Byproducts. › Section 22-27-72 - Compliance With Section 22-27-71.

Section 22-27-72
Compliance with Section 22-27-71.
Failure to comply with the provisions of Section 22-27-71 are grounds for the refusal of or suspension of a license or permit otherwise required by law.
(Act 2001-661, p. 1383, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4 - Disposal of Waste Cooking Grease and Animal Byproducts. › Section 22-27-73 - Violations of Article.

Section 22-27-73
Violations of article.
Any person who violates the provisions of this article shall, upon conviction be guilty of a Class C misdemeanor.
(Act 2001-661, p. 1383, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4A › Section 22-27-90 - Definitions.

Section 22-27-90
Definitions.
When used herein the following terms shall have the following meanings:
(1) COMMERCIAL ESTABLISHMENT. Any food service establishment, retail food store, limited food service establishment, limited retail food store, food processing establishment, or other place of business where food is prepared or sold or offered for sale, or any establishment that slaughters, fabricates, bones or processes animals, poultry, or fish, whether or not required by law to be licensed or permitted by an agency of the State of Alabama.
(2) DEPARTMENT. The Alabama Department of Environmental Management as established by Section 22-22A-4.
(3) DISPOSE. To discard or carry away, whether personally or by and through a contractor, and whether for the purposes of recycling, reuse, or reprocessing or for ultimate elimination.
(4) INEDIBLE ANIMAL BY-PRODUCT. Any bone, fat, offal, carcass, blood, skin, hide, tallow, lard, feather, horn, hoof, or any other solid by-product derived from any animal, poultry, or fish, as part of the operation of a commercial establishment, but not to include, post-consumer waste from retail food service establishments or commercial kitchens.
(5) LICENSED, PERMITTED, OR REGISTERED RENDERER. An establishment licensed, permitted, or registered by the Alabama Department of Agriculture and Industries to receive, transport, and process inedible animal by-products and waste cooking grease.
(6) TRANSPORT. To carry or move from one location to another by way of public or private roads, whether personally or by and through a contractor.
(7) VEHICLE. Every form of conveyance except those which by their very nature can have no application in, on, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks, provided, however, that for the purposes of this article, a bicycle or a ridden animal shall be deemed a vehicle.
(8) VIRGIN COOKING GREASE. Grease, fat, or oil, whether derived from plant or animal or any combination thereof, intended for use in cooking or preparation of food for animal or human consumption that has not been previously used.
(9) WASTE COOKING GREASE. Grease, fat, or oil, whether derived from plant or animal or any combination thereof, previously used in the cooking or preparation of food for animal or human consumption and is no longer suitable for that use, but not to include interceptor or trap grease.
(Act 2003-398, p. 1145, §1.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4A › Section 22-27-91 - Approved Methods of Disposal.

Section 22-27-91
Approved methods of disposal.
All waste cooking grease and inedible animal by-product produced in the course of doing business in commercial establishments, except nonlicensed or permitted farms, shall be disposed of by utilization of an approved method. Approved methods of disposal shall be limited to the following:
(1) Discharging the waste cooking grease or inedible animal by-product into a municipal sewer when the receiving municipality has agreed in writing to accept the waste and under the conditions specified by the municipality.
(2) Depositing the waste cooking grease or inedible animal by-product into a landfill approved by the department to receive the waste and under the conditions as shall be specified by the landfill permit.
(3) Offering the waste cooking grease or inedible animal by-product for removal or transportation by a licensed, permitted, or registered renderer for the purposes of recycling.
(4) Other methods of disposal approved by the appropriate state regulatory agency.
(Act 2003-398, p. 1145, §2.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4A › Section 22-27-92 - Transport of Cooking Grease.

Section 22-27-92
Transport of cooking grease.
It is unlawful to transport waste cooking grease and virgin cooking grease on or in the same vehicle or to use in the preparation of food for human consumption virgin cooking grease which has been transported on or in the same vehicle as waste cooking grease.
(Act 2003-398, p. 1145, §3.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4A › Section 22-27-93 - Compliance With Article.

Section 22-27-93
Compliance with article.
Failure to comply with the provisions of this article shall constitute grounds for the denial, suspension, or revocation of a license or permit otherwise required by law to operate the commercial establishment.
(Act 2003-398, p. 1145, §4.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27 - Solid Waste. › Article 4A › Section 22-27-94 - Violations of Article.

Section 22-27-94
Violations of article.
Any person who violates the provisions of this article shall, upon conviction, be guilty of a Class B misdemeanor.
(Act 2003-398, p. 1145, §5.)
2023 Code of Alabama › Title 22 - Health, Mental Health, and Environmental Control. › Title 1 - Health and Environmental Control Generally. › Chapter 27A - Standards and Labeling for Biodegradable Plastic Containers. › Section 22-27A-1 - Standards and Labeling for Biodegradable Plastic Containers.

Section 22-27A-1
Standards and labeling for biodegradable plastic containers.
No person shall distribute, sell, or offer for sale any rigid plastic container, including a plastic beverage container, labeled "degradable," "biodegradable," "compostable," or any other word suggesting the container will biodegrade, unless it meets the following requirements:
(1) The container complies with the United States Federal Trade Commission's Guides for the Use of Environmental Marketing Claims, 16 CFR Part 260, as amended.
(2) The container includes the label "Not Recyclable, Do Not Recycle" in print of the same color, contrast, font, and size as the label suggesting the container is biodegradable.
(Act 2014-135, p. 251, §1.)