Title 22 — Title 22

Water System; Default; Repayment Guidelines; Project Accounts. (a) In order to provide for the funding of the loan by the authority for a project to a community water system, such water system shall establish a dedicated source of revenue to repay only the monies received from th…

The State Treasurer may invest any idle or surplus moneys of the state in bonds of the authority. The governing body of any county or municipality is authorized in its discretion to invest any idle or surplus money held in its treasury in bonds of the authority. Such bonds shall …

All bonds or other indebtedness of the authority and the coupons applicable thereto and the income therefrom and all projects or parts thereof and all assets of the authority shall be forever exempt from any and all taxation in the state. History: (Acts 1988, 1st Ex. Sess., No. 8…

All 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 of Title 8. History: (Acts 1988, 1st Ex. Sess., No. 88-857, p. 338, §14.)

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. Except as expressly provided in this chapter, no proceeding, notice o…

All bonds issued by the authority, while registered, shall be construed to be negotiable instruments even though they are payable from a limited source. All coupons applicable to any bonds issued by the authority, while the applicable bonds are registered as to both principal and…

All bonds, notes and certificates issued by the authority shall be solely and exclusively obligations of the authority, payable solely from the revenues, income, fees or charges which may pursuant to the provisions of this chapter, be pledged to the payment thereof, and no such b…

It is the intent of the Legislature acting by and through the authority and the department to aid, assist and coordinate existing community water systems in locating, developing and sustaining adequate potable water supplies for the citizens of this state and to this end to autho…

The Governor, the Director of the Department of Economic and Community Affairs, the Director of Finance, one member of the House of Representatives appointed by the Speaker, and one member of the Senate appointed by the Lieutenant Governor may become a public corporation to be kn…

There is hereby established a special fund within the State Treasury to be known as the “Water Supply Assistance Fund.” Proceeds from the sale of bonds issued by the authority shall be deposited in this special “Water Supply Assistance Fund.” Money in such fund shall be expended …

Record of Proceedings. (a) To become a corporation, the Governor, the director of the department, the Director of Finance, and the two legislators appointed to the authority in Section 22-23A-3 shall present to the Secretary of State of Alabama an application signed by them which…

(a) The authority shall have the following powers, among others specified by this chapter: (1) To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid; (2) To sue and be sued and to prosecute and defend, at…

For the purpose of providing funds for the authority to make loans to community water systems for a project or projects, or to refinance debt of community water systems or for the payment of obligations incurred or temporary loans made for any of said purposes, the authority is h…

The bonds and other evidences of indebtedness of the authority may be sold at such time or times as the board of directors may deem advantageous. The bonds shall be sold by competitive sale unless because of market conditions and/or credit structures such a sale would be disadvan…

In anticipation of the issuance of bonds, the authority may borrow such sums as may be needed for any of the aforesaid purposes and to obligate itself by certificate or promissory note, bearing interest at a rate or rates to be specified by the authority, and maturing within 18 m…

The Legislature hereby finds and declares that the following facts are true and correct: The 104th Congress of the United States of America has recently enacted into law amendments to Public Law 104-182 (the “federal act”) commonly known as the “Safe Drinking Water Act;” Congress…

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 of Title 8. History: (Acts 1997, No. 97-415, p. 687, §…

All bonds at any time issued by the authority and the income therefrom shall be exempt from all taxation in the state. History: (Acts 1997, No. 97-415, p. 687, §11.)

The department is hereby authorized to enter into capitalization grant agreements, operating agreements and other arrangements required by the federal act as a condition precedent to the receipt of funds under the federal act. The department shall have full and continuing power t…

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 incorpora…

This chapter is remedial in nature and shall be liberally construed to effect its purposes. History: (Acts 1997, No. 97-415, p. 687, §14.)

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

There is hereby established the State of Alabama Drinking Water Revolving Loan Fund, which shall be maintained in perpetuity and operated by the department as agent for the authority for the purposes stated herein. Grants from the federal government or its agencies allocated, all…

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 Drinking Water Finance Authority with the power and authority hereinafter prov…

(a) To become a corporation, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the director of the department and the Director of Finance shall present to the Secretary of State of Alabama an application signed by them which shall set forth: (1) …

(a) The authority shall have the following powers, among others specified by or required to implement the provisions of this chapter: To have succession in its corporate name until the principal of and interest on all bonds issued by it shall have been fully paid; To sue and be s…

For the purpose of providing funds for the authority to make loans to public bodies for a project or projects, or for the payment of obligations incurred or temporary loans made for any of said purposes, the authority is hereby authorized, from time to time, to issue and sell its…

(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 recei…

The bonds of the authority shall be signed by its president or vice-president and attested by its secretary, and the seal of the authority shall be affixed thereto; provided, that a facsimile of the signatures of said officers may be printed or otherwise reproduced on any such bo…

For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) BOARD. The Alabama Department of Environmental Management. (2) DIRECTOR. The Director of the Alabama Department of Environmental Management. (3) DRILL. …

Any person guilty of violating any of the provisions of this chapter or the rules and regulations adopted thereunder shall be guilty of a misdemeanor and may be punished by a fine of not less than $100.00 nor more than $500.00 for each violation. Each day the violation continues …

Deleted by Act 2024-290, § 1(b)(2), effective May 8, 2024. REPEALED BY IMPLICATION IN ACT 2023-444. History: (Acts 1977, No. 263, p. 361; Act 2024-290, §1.)

It is the intent of the Legislature that this chapter applies solely to wells drilled for the production of water and has no application to wells or holes drilled, augered, cored or dug for quarry blast holes or mineral prospecting or any purpose other than water production. Hist…

The board is authorized and directed to make, promulgate and publish such rules and regulations as it deems reasonable and necessary to effectuate and carry out the purpose and provisions of this chapter, and a true copy of such rules and regulations shall be kept on file with th…

It shall be unlawful for any person to operate any equipment or machinery in the drilling or repair of a water well unless the overall operation is, at all times, under the supervision and management of a licensed water well driller as provided for in this chapter. History: (Acts…

Every person who intends to drill water wells within the State of Alabama shall annually obtain from the board a water well driller’s license and, in order to obtain said license, shall file with the board, in accordance with rules and regulations as established by the board, an …

(a) A license may be refused or a license duly issued may be suspended or revoked, or the renewal thereof refused by the board, if, after notice and hearing as provided in this section, it finds that the applicant for, or holder of, such license: (1) Is unable to present evidence…

It shall be unlawful and a violation of this chapter to drill a water well within the State of Alabama unless the following provisions are complied with: (1) The driller of the water well shall be licensed as provided in Section 22-24-5. (2) The driller shall, at all times during…

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) BOARD. The Alabama Department of Environmental Management. (2) CERTIFICATE. The certificate of competency issued by the director stating that the opera…

Certificates issued pursuant to this chapter shall continue in effect for three years from the date of issuance or renewal, unless sooner revoked by the director, but these certificates shall remain the property of the board and the certificates shall so state. The board may prom…

The director may revoke the certificate of an operator, upon recommendation of the board, when any of the following are found: (1) The operator has practiced fraud or deception in obtaining the certificate. (2) The operator in the performance of his or her duties did not use reas…

The board may promulgate such rules and regulations as are necessary to carry out the provisions of this chapter. History: (Acts 1971, No. 1594, p. 2728, §14; Acts 1982, No. 82-612, p. 1111, §11(e).)

It shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency operating a water treatment plant, water distribution system, wastewater treatment plant, or public wastewater collection system to operate same unless the c…

In addition to the provisions of Section 22-22A-5, any person, including any firm, corporation, municipal corporation, water or sewer board, water authority, or other governmental subdivision or agency, violating any provisions of this chapter, or the rules and regulations adopte…

In those instances in which a water or wastewater operator of any municipality, municipal utility board, county, or the state is employed by the State of Alabama, any county, municipality, or another municipal utility board, within 24 months after completing the certification req…

The director shall classify all water treatment plants, water distribution systems, wastewater treatment plants, and public wastewater collection systems affecting the public welfare with regard to the size, type, character of water and wastewater to be treated, and other physica…

The director shall certify persons as to their qualifications to supervise the operation of treatment plants and water distribution and public wastewater collection systems after considering the recommendations of the board. History: (Acts 1971, No. 1594, p. 2728, §3; Acts 1982, …

The board shall hold at least one examination each year for the purpose of examining candidates for certification, at a time and place designated by the board. History: (Acts 1971, No. 1594, p. 2728, §7; Acts 1982, No. 82-612, p. 1111, §11(e).)

(a) When the director is satisfied that an applicant is qualified, by examination or otherwise, the director shall issue a certificate attesting to the competency of the applicant as an operator. The certificate shall indicate the classification of works which the operator is qua…

Repealed by Act 2009-773, p. 2388, §1, effective May 22, 2009. History: (Act 2001-973, 3rd Sp. Sess., p. 900, §1.)