0 chapters · 1,650 sections in this title.
Ala. Code § 22-23-20 Upgrading of Water Service; Savings
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(a) Any law to the contrary notwithstanding, any water authority that upgrades its water services, including fire hydrants, that results in lower insurance rates for the customers, may enter into contracts with residential customers or business customers to receive the net saving…
Ala. Code § 22-23-21 Notification of Permanent Change in Fluoridation Status
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(a) A public water system, as defined in Section 22-23-31, that proposes to initiate any permanent change in the fluoridation status of its water supply, including, but not limited to, discontinuing the fluoridation of the water supply or reducing the level of fluoride from an op…
Ala. Code § 22-23-30 Short Title
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This article may be cited as the “Alabama Safe Drinking Water Act of 1977.” History: (Acts 1977, No. 805, p. 1389, §1.)
Ala. Code § 22-23-31 Definitions
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When used in this article and except where the context prohibits, the following words and terms shall have the following meanings: (1) FEDERAL ACT. The Federal Safe Drinking Water Act, being Public Law 93-523. (2) ADMINISTRATOR. The Administrator of the United States Environmenta…
Ala. Code § 22-23-32 Regulatory Authority of Board Over Water Supplies
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The board has regulatory authority over all public water systems in the state insofar as purity, potability, wholesomeness and physical quality of water which may affect the public health, comfort or well-being and shall, from time to time, examine, investigate and monitor the so…
Ala. Code § 22-23-33 State Primary Drinking Water Regulations
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The board shall promulgate and enforce state primary drinking water regulations that at no time shall be less stringent than the complete, current interim or revised national primary drinking water regulations. State primary drinking water regulations shall apply to each public w…
Ala. Code § 22-23-34 State Secondary Drinking Water Regulations
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The board shall promulgate and enforce state secondary drinking water regulations. State secondary drinking water regulations shall apply to each public water system in the state, except those systems exempted by Section 22-23-33. History: (Acts 1977, No. 805, p. 1389, §5.)
Ala. Code § 22-23-35 Variances and Exemptions from Regulations
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The board may authorize variances and exemptions from the regulations issued pursuant to Section 22-23-32 under conditions and in such manner as it, by regulation, deems necessary and desirable. History: (Acts 1977, No. 805, p. 1389, §6.)
Ala. Code § 22-23-36 Action by Board Regarding Imminent and Substantial Hazards
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The board, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial danger to the public health, may take the following or other appropriate administrative actions: (1) Issue such orders…
Ala. Code § 22-23-37 Notification of Users and Regulatory Agencies by Water Suppliers of Certain Violations, Etc
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(a) The supplier of water shall, as soon as practicable, notify the local county health departments, the board, the administrator, users, the public and communications media located in the area served by the system whenever a public water system: (1) Is not in compliance with the…
Ala. Code § 22-23-38 Samples of Water Supplied to the Public - Required
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At least once a month or as required by the board, every supplier of water shall deliver to the State Laboratory or a laboratory certified by the board samples of water supplied to the public. History: (Acts 1977, No. 805, p. 1389, §9.)
Ala. Code § 22-23-39 Samples of Water Supplied to the Public - Analysis; Fee
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The board shall cause a bacteriological, sanitary and/or chemical analysis to be made of each sample so delivered, shall record such analysis and shall furnish a copy to the supplier of water. The board is authorized to collect from the supplier a fee equal to its reasonable anti…
Ala. Code § 22-23-40 Permit to Construct or Modify Water System - Required; Prerequisite to Issuance of Bonds by Local Government Unit
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No person shall construct or make major modification of any public water system, or portion thereof, without having first obtained a permit from the board as provided in this article. No local government unit shall be authorized to incur any debt or to issue bonds in aid of such …
Ala. Code § 22-23-41 Permit to Construct or Modify Water System - Application
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Any person proposing to operate, construct, install, add to or make major modification of a public water system shall, prior to construction of such, file with the board an application for a permit to do so, together with complete plans and specifications and a statement containi…
Ala. Code § 22-23-42 Permit to Construct or Modify Water System - Investigation of Water System
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Upon filing of plans and specifications and statements by an applicant, the board is authorized to investigate the proposed system or existing works, system, plant, water supply and all other circumstances and conditions deemed material by the board. History: (Acts 1977, No. 805,…
Ala. Code § 22-23-43 Permit to Construct or Modify Water System - Order of Board Upon Finding That Water Is Impure, Unwholesome, Etc
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Upon completion of any such investigation or of any routine or special inspection, if the board shall determine that the water being supplied or to be supplied is impure, unwholesome or unpotable, fails to comply with a maximum contaminant level or may constitute a menace or dang…
Ala. Code § 22-23-44 Permit to Construct or Modify Water System - Issuance; Suspension or Revocation; Permits in Addition to Others Required
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by Law. If the board shall determine that the water being supplied or to be supplied is pure, wholesome and potable and does not endanger the lives or health of human beings, it is authorized to grant the applicant a permit authorizing the applicant to furnish or to continue to f…
Ala. Code § 22-23-45 Right of Entry of Board for Investigations and Inspections
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The board and its inspectors shall have full power and authority to enter into and upon any and all places, property, enclosures and structures for the purpose of making investigations or inspections required by Section 22-23-42 and any routine or special inspections as the board…
Ala. Code § 22-23-46 Reports of Condition of Water Supply, Plant, Etc., by Applicants, or Suppliers
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Any applicant or supplier of water may, for cause stated, be required by the board to furnish a complete report of the condition and operation of the water supply, plant, works or system owned, operated or controlled by the said applicant. This report shall be made by a duly lice…
Ala. Code § 22-23-47 Polluting Public Water Supply
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No person shall deposit any dead animal or fowl or any noxious, nauseous or poisonous substance or any human waste in any portion of a public water supply or in any private well, spring, reservoir, tank, vessel or receptacle appurtenant to a public or private water supply. Histor…
Ala. Code § 22-23-48 Prohibited Acts
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The following acts and the causing thereof are prohibited: (1) Failure by a supplier of water to comply with the requirements of Section 22-23-39, or dissemination by such supplier of any false or misleading information with respect to notices required pursuant to Section 22-23-3…
Ala. Code § 22-23-49 Powers and Duties of Board in Administration of Article
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To carry out the provisions and purposes of this article, the board is authorized and empowered to: (1) Perform any and all acts necessary to carry out the purposes and requirements of this article relating to the adoption and enforcement of state primary drinking water regulatio…
Ala. Code § 22-23-52 Penalties
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A fine not to exceed $5,000.00 may be imposed by a court of competent jurisdiction on any person who violates Section 22-23-40, 22- 23-41 or 22-23-47 or subdivision (1) or (2) of Section 22-23-48. History: (Acts 1977, No. 805, p. 1389, §20; Acts 1986, No. 86-542, p. 1053, §8.)
Ala. Code § 22-23-53 Public Nuisances
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Anything done, maintained or suffered in violation of any of the provisions of this article shall be deemed to be a public nuisance and dangerous to health, and may be abated, summarily or otherwise, by the board in a manner prescribed by law. History: (Acts 1977, No. 805, p. 138…