Title 22 — Title 22

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…

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 may be sold at private or public sale. Bonds sold at public sale shall be awarded to the bidder whose bid reflects the lowes…

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 of the State of Alabama finds and declares that certain lands of Alabama constitute unique and delicately balanced resources; that the protection of these resources is vital to the economy of this state; and that the preservation of waters is a matter of the highe…

(a) Rules and regulations pertaining to this chapter shall be adopted by the commission in accordance with applicable state and federal laws. The commission shall not adopt any rules or regulations pertaining to underground or aboveground storage tanks under the provisions of thi…

No later than 90 days after October 1, 1988, with regard to underground storage tank owners and no later than 90 days after August 1, 1993, with regard to aboveground storage tank owners, the department shall notify said tank owners of the privileges of this chapter, the required…

This chapter is to assist the underground and aboveground storage tank owner to the extent provided for in this chapter, but not to relieve the owner of any liability that cannot be satisfied by the provisions of this chapter. History: (Acts 1988, No. 88-378, p. 557, §13; Acts 19…

Disbursements from the fund for the purpose of paying clean-up costs or satisfying third party liability claims shall not be made until rules and regulations establishing administrative guidelines and procedures which shall govern the manner in which disbursements are made are ef…

This chapter may be cited as the “Alabama Underground and Aboveground Storage Tank Trust Fund Act.” History: (Acts 1988, No. 88-378, p. 557, §2; Acts 1993, No. 93-628, p. 1062, §2.)

For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) ABOVEGROUND STORAGE TANK. Any one or combination of stationary tanks affixed permanently to the ground or other support str…

There is hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund, hereinafter referred to as the “fund,” to be administered by the Secretary-Treasurer of the Retirement Systems of Alabama. The fund shall be used by the department as a revolving fund for car…

(a) Every owner of an underground or aboveground storage tank as defined in this chapter shall pay an Underground and Aboveground Storage Tank Trust Fund fee as established by the provisions of this chapter to be paid to the department. During the first year next following Octobe…

Duties; Compensation. (a) There is hereby created the Alabama Underground and Aboveground Storage Tank Trust Fund Management Board, hereinafter referred to as the “management board,” comprised of nine voting members: One member appointed by the Governor for a three-year term, one…

(a) The financial responsibility requirements for taking response action by underground motor fuel storage tank owners or operators shall be set at five thousand dollars ($5,000) per occurrence, and for aboveground tank owners or operators the financial responsibility requirement…

(a) The Legislature finds that in order to provide for the expeditious rehabilitation of contamination sites, voluntary rehabilitation of contamination sites should be encouraged, provided that such rehabilitation is conducted in a manner and to a level of completion which will p…

(a) Administration cost of all the provisions of this chapter shall be charged to the fund. Annual budgets for administration are to be included as part of the regular department budget, except that the annual budget of the management board shall not be a part of the department b…

This chapter may be cited as the “Alabama Underground Storage Tank and Wellhead Protection Act of 1988.” History: (Acts 1988, No. 88-537, p. 823, §1.)

Rules and regulations pertaining to this chapter shall be adopted in accordance with applicable state and federal laws. History: (Acts 1988, No. 88-537, p. 823, §11.)

For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) COMMISSION. The Alabama Environmental Management Commission. (2) DEPARTMENT. The Alabama Department of Environmental Manage…

The department, acting through the commission, is authorized to promulgate rules and regulations governing underground storage tanks and is authorized to seek the approval of the United States Environmental Protection Agency to operate the state underground storage tank program i…

Inspection of Facilities. For the purposes of determining compliance with regulations or detecting pollution, any owner or operator of an underground storage tank shall upon request of a duly authorized representative of the department: (1) Furnish engineering, technical, and oth…

To provide revenue for regulation, the department shall, beginning October 1, 1988, collect a tank regulation fee of not less than $15.00 and not more than $30.00 per regulated tank per year. This fee shall be collected in lieu of a permit or certification fee as provided by Sect…

to Administration of Funds; Liability of Owner or Operator for Costs. (a) The department shall be authorized to administer the expenditure of any funds made available from the Leaking Underground Storage Tank Trust Fund established by the Superfund Amendments and Reauthorization …

The department, acting through the commission, is authorized to promulgate rules and regulations to establish and protect wellhead areas, associated with public water supply systems, from contaminants which may have any adverse effect on the health of persons. The development and…

Any records, reports, or information obtained under this chapter shall be available to the public; except that upon a showing satisfactory to the department by any person that records, reports or information, or a particular part thereof to which the department has access under t…

(a) Any person who willfully violates any provision of this chapter, or rule, regulation or standard adopted under this chapter, shall be punished by a fine of no more than $25,000.00 per day of violation or by imprisonment for not more than one year, or by both. If the convictio…

This chapter may be cited as the “Alabama Lead Ban Act of 1988.” History: (Acts 1988, No. 88-583, p. 911, §1.)

When used in this chapter and except where the context prohibits, the following words and terms shall have the following meanings: (1) COMMISSION. The Alabama Environmental Management Commission as created by Section 22-22A-6. (2) DEPARTMENT. The Alabama Department of Environment…

The commission is hereby authorized and empowered to promulgate rules and regulations to restrict the import, distribution, and sale of plumbing, appurtenances and materials which are not lead-free. In addition, such regulations shall prohibit the use of any pipe, solder, or flux…

All formally adopted city and county plumbing codes shall be amended within 12 months of May 10, 1988, to include the provisions of this chapter for installation and repair of plumbing facilities. All proposed plumbing codes shall include appropriate lead ban provisions as determ…

Suppliers of water in public water systems shall provide notice to the customers of the potential for lead contamination from drinking water in a format to meet the department and federal act provisions. History: (Acts 1988, No. 88-583, p. 911, §5.)

It shall be unlawful for any person constructing, installing, or repairing a drinking water system or plumbing to provide drinking water to use any pipe, solder or flux which is not lead-free in the construction, installation or repair of such system or plumbing. It shall be unla…

This chapter may be cited as the Alabama Lead Reduction Act of 1997. History: (Acts 1997, No. 97-553, p. 975, §1.)

As used in this chapter, the following terms have the following meanings: (1) ABATEMENT. Any set of measures designated to eliminate lead-based paint hazards in accordance with standards developed by the board, including both of the following: a. Removal of lead-based paint or le…

(a) The board shall establish a statewide program to identify and reduce the threat to human health posed by exposure to lead. In furtherance of this purpose, the board may perform each of the following functions: (1) Certify all individuals involved in lead-based paint activitie…

(a) The State Health Officer may conduct investigations as necessary to administer this chapter and the rules adopted and orders issued under this chapter. The State Health Officer may conduct investigations of general lead contamination problems or conditions in public buildings…

(a) An individual may not be certified to engage in lead-based paint activities under this chapter unless the individual has successfully completed the appropriate training program, passed an examination approved by the board for the appropriate category of certification, and com…

(a) Safe State, a division of the University of Alabama, is designated as the state accreditation agency for lead hazard training. (b) Subject to the Alabama Administrative Procedure Act, Safe State shall establish a program to review and accredit lead training courses in accorda…

(a) Any person who violates this chapter or the rules adopted pursuant to this chapter is subject to a civil penalty as follows: (1) For a first violation, the board may issue a civil penalty of up to two hundred fifty dollars ($250) per violation for each day during which the ac…

Notwithstanding the administrative procedure provided in subsections (a), (b), and (c) of Section 22-37A-7, the board may institute proceedings for assessment of a civil penalty in the Circuit Court of Montgomery County, or in the circuit court of the county in which all or part …

If it appears that a person has violated, is violating, or is threatening to violate Section 22-37A-5 or Section 22-37A-7 or a rule adopted or order issued under this chapter, the State Health Officer or a county health officer, as appropriate, may institute a civil suit in his o…

All fees collected and all fines, penalties, and funds of any nature received by the State Board of Health under authority of this chapter shall be remitted to the State Board of Health to the credit of the Lead Reduction Fund, which is created. The expenses incurred by the State…

This chapter may be cited as the Alabama Agricultural Nonpoint Source Financial Assistance Act of 1988. History: (Acts 1988, No. 88-602, p. 939, §1.)

For the purposes of this chapter the following words and phrases shall have the following meaning: (1) COMMITTEE. The Alabama State Soil and Water Conservation Committee. (2) COST-SHARE FUNDS or COST-SHARE GRANTS. Any federal financial assistance for landusers received by the dep…

In order to further the efficient and effective administration of programs related to agricultural nonpoint sources of pollution it is hereby declared to be the intent of the Legislature to have federal cost-sharing funds provided to the state and administered by state agencies f…

Committee; Application to Legislature for Matching Funds; Coordination of Use of Funds. All federal funds available to state agencies for financial assistance through cost-share grants to landusers for agricultural nonpoint source pollution control shall be administered by the co…

Any cost-share funds received by the department for the control of all sources of nonpoint source pollution shall be disbursed in accordance with applicable laws, regulations, guidelines, and the plan. History: (Acts 1988, No. 88-602, p. 939, §5.)

Provide Information to Department as to Progress in Water Quality. The overall state plan for nonpoint source pollution control shall establish priorities for all nonpoint source pollution control. The committee shall administer agricultural, nonpoint source pollution control cos…

The department is the lead agency for the development of the state plan and for the regulation of all nonpoint source pollution as required by law. The department is authorized to contract with other state agencies, to include the committee, in the discharge of its regulatory res…

The committee is hereby authorized to establish rules and regulations necessary to implement the provisions of this chapter and is also authorized to employ such personnel, one of which may be an unclassified employee whose salary shall be set by the committee, upon availability …