Title 22 — Title 22

The purpose of this chapter is to establish an asbestos contractor accreditation plan for the State of Alabama in compliance with Section 206 of the Toxic Substances Control Act, 15 U.S.C.A. §2646 as amended. History: (Acts 1989, No. 89-517, p. 1063, §1; Acts 1997, No. 97-626, p.…

This chapter shall be known and may be cited as the “Alabama Asbestos Contractor Accreditation Act.” History: (Acts 1989, No. 89-517, p. 1063, §2.)

Any person, firm, or corporation, before engaging in the business of any of the following services, must be accredited by this state as specified in this chapter to do any of the following: (1) Inspect for asbestos-containing material in a school building under the authority of a…

(a) The Safe-State Program, a division of the University of Alabama, Tuscaloosa, Alabama, is hereby designated as the State of Alabama’s accreditation agency for such asbestos contractors designated in Section 22-39-3. (b) The Safe-State Program shall design and publish accredita…

(a) The Alabama Department of Environmental Management is hereby authorized to require any person, firm, or corporation who is the owner or operator of any asbestos removal project for which notification is required pursuant to the requirements of the Clean Air Act of the United …

Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004. History: (Act 99-597, p. 1370, §1; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, p. 1370, §10; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, §11.)

Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004. History: (Act 99-597, p. 1370, §2; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25 effective October 1, 2004. History: (Act 99-597, p. 1370, §3; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, p. 1370, §4; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, §5.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, p. 1370, §6; Act 2001-976, 2001 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, §7.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, p. 1370, §8; Act 2001-976, 3rd Sp. Sess., p. 930, §1.)

Repealed by Act 2003-332, p. 823, §25, effective October 1, 2004. History: (Act 99-597, §9.)

This chapter shall be known and may be cited as the Alabama Scrap Tire Environmental Quality Act. History: (Act 2003-332, p. 823, §1.)

(a) The department shall, by regulation, establish the financial assurance levels and methods that are to be set to provide funds to abate any problems created as a result of a failure by the transporter or processor to properly manage scrap tires. (b) Receivers of either class a…

(a) Except as provided for herein, the department is designated by this chapter as the administrating agency for this chapter including administering remediation and enforcement programs; provided, however, the department may enter into delegation agreements with county commissio…

(a) County commissions or the governing body of any Class 2 municipality may request primacy on enforcement and establish delegation agreements with the department for enforcement of this chapter. The department shall establish by rule the procedures for delegation. A county or a…

The Alabama Department of Environmental Management is designated as the department of state government responsible for development and management of an end use market development program. The department may choose to negotiate agreements with any person to participate in the end …

(a) A scrap tire environmental fee shall be collected at the point of sale from the consumer on replacement tires, whether or not the tires are mounted on a rim or wheel, in the amount of one dollar ($1) per tire, and shall be remitted to the Department of Revenue on a monthly ba…

The net proceeds of the scrap tire environmental fee levied by Section 22-40A-14 shall be distributed as follows: (1) To pay the costs of remediation, abatement, removal, or other remedial action within the range of 45 percent to 75 percent of monies deposited to the Scrap Tire F…

(a) All fees, interest, or other income distributed to the Scrap Tire Fund shall be used only for the purposes specified in this chapter. (b) All monies derived from fines and violations of this chapter that are collected by county enforcement programs pursuant to this chapter sh…

(a) The department or its designated representatives may access property suspected of containing scrap tires for the purpose of evaluation of the threat to public health, the environment, and safety. (b) The department, by regulation, shall establish an administrative process to …

Repealed by Act 2009-779, p. 2433, §2, effective August 1, 2009. History: (Act 2003-332, p. 823, §18; Act 2006-559, p. 1285, §1.)

(a) Any person who intentionally, knowingly, recklessly, or with criminal negligence: (1) Accumulates scrap tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment not exceeding three months. (2) Processes scrap tires in violation of this c…

(a) The Legislature finds as follows: (1) The Alabama Scrap Tire Study Commission (STSC) submitted a report as required by Section 22-40-10, and SJR 152, adopted May 11, 2000. The section and the resolution both directed the STSC to study the present law and recommend revisions t…

All governmental organizations, whether federal, state, or other local governing bodies, shall be exempt from the payment of fees associated with all provisions of this chapter. These organizations shall comply with all statutory and regulatory provisions of this chapter regardin…

(a) There is created the Scrap Tire Commission (STC) to review the implementation of this chapter, including the scrap tire program, and recommend changes to this chapter to the Legislature, as needed. The STC may promulgate regulations to establish procedures for its operations.…

(a) A Scrap Tire Fund (STF), separate from the State General Fund, is created for carrying out this chapter. (b) All monies within the STF shall be continuously appropriated. All monies remaining in the Department of Public Health, designated for the present STSC, after payment o…

The department shall implement this chapter to the extent funds are provided by the STF. History: (Act 2003-332, p. 823, §23.)

In the event the scrap tire environmental fee on replacement tires imposed by Section 22-40A-14 is abolished, as determined by the Department of Revenue, this chapter shall be null and void and of no other force or effect of law. History: (Act 2003-332, p. 823, §24.)

The following terms shall have the following meanings unless the context clearly indicates otherwise: (1) APPROVED. Authorized, certified, permitted by, or meets standards of a regulatory authority. (2) AUTHORIZED DISPOSAL. For purposes of this chapter only, authorized disposal s…

(a) No person may accumulate more than 100 scrap tires, except as a permitted processor, registered receiver, permitted landfill, or transporter who has requested and been granted a storage limit by the department. (b) No person may expose accumulated scrap tires to the elements …

(a) Accumulations of scrap tires for whatever purpose, not in accordance with this chapter, shall be removed by the person who created or maintained the accumulation, or if that person is not determined, by the landowner or financial interest holder if the landowner or financial …

(a) For purposes of this chapter, there shall be two classes of receivers, Class One receivers and Class Two receivers as defined in Section 22-40A-3. (b) Receivers of both classes are not required to obtain a permit as a transporter, as otherwise required under Section 22-40A-7,…

(a) No person, except properly registered receivers, may engage in the transportation of scrap tires, whether or not for profit, without holding a valid transporter permit issued by the department, unless otherwise exempted by this chapter or unless allowed by department regulati…

(a) No person may engage in the processing of scrap tires, as defined herein, whether or not organized for profit, unless the person holds a valid processor permit issued by the department. (b) The department, by regulation, shall set operational requirements for processors, incl…

(a) The department shall develop and promulgate a manifest through rulemaking. (b) All scrap tire receivers, transporters, processors, and landfills are required to use a written manifest as prescribed in this section and as provided by regulations of the department. The manifest…

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) CLIENTS. Those persons identified as receiving or needing services for an intellectual disability. (2) DEPARTMENT. The Department of Mental Health. (3)…

Upon May 1, 1984, the Alabama Mental Health Board shall cease to exist and the powers and responsibilities shall be vested in the Department of Mental Health through its commissioner. History: (Acts 1965, No. 881, p. 1649, §8; Acts 1984, No. 84-242, p. 365, §1.)

The Department of Mental Health is given hereby the following additional and cumulative powers through its commissioner: (1) It is authorized and directed to set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness and any a…

The commissioner may establish a legal division, which shall be under the direction of an attorney authorized to practice law in the State of Alabama, and it shall be his duty to conduct the legal affairs of the department. The commissioner may appoint other attorneys to assist h…

As near after the end of the fiscal years as possible, the department shall print and send to the Governor a report consisting of activities of the department, needs of facilities under its jurisdiction, mental health and intellectual disability conditions in the state with respe…

Every budget period the department shall present to the Governor a request for funds based on projected needs for mental health and intellectual disability services in the state, together with a budget showing the expenditure of such requested funds; and the Governor shall includ…

Any state supported facility under the jurisdiction of the department providing services requiring on-premises residence of patients or clients, including, but not limited to, Bryce Hospital, Searcy Hospital, and Partlow State School and Hospital, shall be considered an essential…

The Governor shall appoint the Mental Health Commissioner and shall fix his term of office and salary, such salary to be established without regard to any limitations now, or hereafter, established by law unless such law specifically refers to such Mental Health Commissioner. The…

with an Intellectual Disability. (a) No person, partnership, corporation, or association of persons shall operate a facility or institution for the care or treatment of any kind of mental or emotional illness or substance abuse or for providing services to persons with an intelle…

Nothing contained in this chapter shall change or alter the methods, means or procedures provided by law before the enactment of this chapter for the commitment or release of any person alleged to be non compos mentis, incompetent, mentally ill or emotionally disturbed. No person…