Title 22 — Title 22

Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water,…

(a) In order to make available to the commission the services of an advisory body on such technical matters as the commission shall require, there is hereby created the Technical Advisory Committee to the commission which shall consist of the Commissioner of Agriculture and Indus…

(a) It shall be the duty of the commission to control pollution in the waters of the state, and it shall specifically have the following powers: (1) To study and investigate all problems concerned with the improvement and conservation of the waters of the state; (2) To conduct, i…

This chapter shall be known and may be cited as “the Alabama Environmental Management Act.” History: (Acts 1982, No. 82-612, p. 1111, §1.)

Programs; Exception. (a) On October 1, 1982, all functions of the Coastal Area Board, as set forth in Sections 9-7-10 through 9-7-22, except those which relate to permitting, regulatory and enforcement functions, shall be transferred to the Office of State Planning and Federal Pr…

There is hereby created a fund known as the Alabama Department of Environmental Management Fund. This fund shall consist of: (1) all appropriations; (2) all grants, gifts, bequests or donations; (3) all money derived through any source of federal aid; (4) all fees; (5) all moneys…

(a) There is hereby created a Coastal Resources Advisory Committee to advise the department and the Office of State Planning and Federal Programs on all matters concerning the coastal area. The committee shall consist of not less than seven members who shall be predominantly from…

All remedies for the prevention and abatement of pollution given to the Attorney General through the authority of this chapter are merely cumulative. Except as provided in subdivisions (12) and (15) of Section 22-22A-5 nothing in this chapter shall be interpreted as negating or d…

No provision of this chapter shall be construed to repeal in whole or in part any provision of Section 22-30-5.1. History: (Acts 1982, No. 82-612, p. 1111, §14(e); Acts 1983, 2nd Ex. Sess., No. 83-131, p. 137, §1.)

(a) There is hereby created a fund known as the Pollution Control Grant Fund. This fund shall consist of (1) All appropriations made to the fund; and (2) All grants, gifts, bequests or donations made to the fund from any source whatsoever. This fund shall be used and expended by …

(a) Notwithstanding any provision of law, the budget proposed each year for the Alabama Department of Environmental Management shall include as a line item in the General Fund Budget the Navigable Waters Dredging Fund for the dredging of the navigable waters of this state and for…

The Legislature finds the resources of the state must be managed in a manner compatible with the environment, and the health and welfare of the citizens of the state. To respond to the needs of its environment and citizens, the state must have a comprehensive and coordinated prog…

For the purposes of this chapter, the following words and phrases, unless a different meaning is plainly required by the context or by legislation governing functions transferred by this chapter, shall have the following meanings: (1) DEPARTMENT. The Alabama Department of Environ…

Chiefs; Transfer of Functions; Designation as State Environmental Control Agency, Etc.; Contract with Health Department for Routine Bacteriological Analyses. (a) There is hereby created and established the Alabama Department of Environmental Management to carry out the purposes o…

In addition to any other powers and functions which may be conferred upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory and enforcement functions;…

Requirements. (a) There is hereby created a seven member Environmental Management Commission of the Alabama Department of Environmental Management which shall have the following duties: (1) To select a director for the Department of Environmental Management and to advise the dire…

(a) Beginning October 1, 1982, the Environmental Management Commission, in addition to any other authority which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe its own hearing procedures, unless otherwise specified by law; and (2) Administer o…

(a) All rules, regulations or standards shall be adopted by and promulgated by the Environmental Management Commission. With the exception of editorial changes, no rule, regulation or standard shall be adopted, amended or repealed unless such rule, regulation or standard has been…

(a) All employees engaged in duties pertaining to the functions transferred by this chapter to the department, shall be assigned to the department on October 1, 1982, to perform their usual duties, subject to any action that may be appropriate thereafter in accordance with the la…

The Legislature finds that: (1) The state faces a looming crisis in solid waste management related to the ever-increasing volumes of waste intended for disposal; (2) The solid wastes presently disposed of in the state contain substantial volumes of materials which are capable of …

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) PROGRAM FOR THE MANAGEMENT AND MARKETING OF RECYCLABLE MATERIALS. A formal program administered by state agencies and/or public school…

Annual Reports by Agencies; What to Be Included in Programs; Coordination of Efforts. (a) The Department of Environmental Management shall assess the status of recycling efforts undertaken by the state for solid waste generated by the operations of state agencies and public schoo…

State agencies and public school systems are hereby authorized to enter into contracts of three years or less duration with private and nonprofit organizations for the purpose of managing recyclable materials, subject to the approval of the surplus property division of the Alabam…

(a) All proceeds from the sale of recyclable materials generated by the state agencies shall be deposited into the State Treasury to the credit of the operations fund of the agency which generated the recyclable materials. (b)(1) Employee awards in an amount not to exceed $25.00 …

(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…

(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…

This article may be cited as the “Alabama Safe Drinking Water Act of 1977.” History: (Acts 1977, No. 805, p. 1389, §1.)

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…

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…

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…

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.)

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.)

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…

(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…

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.)

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…

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 …

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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.)

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…

The following words and phrases, whenever used in this chapter, shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The corporation organized pursuant to the provisions of this chapter as a public corporation, agency and ins…

The authority may, from time to time, issue and sell its refunding bonds for the purpose of refunding any matured or unmatured bonds of the authority at the time outstanding and any premiums necessary to be paid to redeem any bonds so to be refunded. The holders of such refunding…