Section 22-27-1 – Short Title.
Section 22-27-1 Short title. This article shall be known as the “Solid Wastes and Recyclable Materials Management Act.” (Acts 1969, No. 771, p. 1373, §1; Act 2008-151, p. 244, §1.)
Section 22-27-10 – Control of Unauthorized Dumping; Open Burning; Construction With Other Rights and Remedies.
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination thereof, according to the requirements of this article, and the rules of the department or the health department, as authorized by this article, and if disposed of in this […]
Section 22-27-11 – Violations; Penalties; Administrative Orders; Injunctive Relief.
Section 22-27-11 Violations; penalties; administrative orders; injunctive relief. (a) Any violation of this article, any rule promulgated under the authority of this article, any order issued under the authority, or any term or condition of any permit issued under the authority of this article is unlawful. In addition to any penalties lawfully assessed, any person […]
Section 22-27-12 – Powers of Department.
Section 22-27-12 Powers of department. The department may do the following: (1) Adopt rules to implement this article. (2) Adopt rules establishing requirements and restrictions for the management of solid waste, excluding the collection and transportation of nonhazardous and nonmedical solid waste. The rules may include factors such as the characteristics of the solid waste, […]
Section 22-27-13 – Search Warrants.
Section 22-27-13 Search warrants. The department or any appropriate law enforcement agency may apply for, and any judge of a court of record may issue, an appropriate search warrant necessary to achieve the purposes of this article within the court’s territorial jurisdiction. The warrant shall be issued upon probable cause. (Act 2008-151, p. 244, §2.)
Section 22-27-14 – Commencement of Actions.
Section 22-27-14 Commencement of actions. Notwithstanding any other law to the contrary, actions to correct any violations of this article, the rules promulgated under this article, or for civil or criminal penalties under this article shall be commenced within a period of four years from the date the offense is discovered by the department or […]
Section 22-27-15 – Establishment and Review of Reduction Goals.
Section 22-27-15 Establishment and review of reduction goals. (a) No later than October 15, 2009, the department shall establish, by rule, a goal for the percentage, on a statewide basis only, of the reduction in the amount of household and commercial solid waste and the time frames for that reduction. Reduction, by means including, but […]
Section 22-27-16 – Ownership and Disposition of Recovered Materials.
Section 22-27-16 Ownership and disposition of recovered materials. Notwithstanding any other law or any provision of this article to the contrary, a generator of recovered materials owns those materials until such time as the generator may voluntarily relinquish ownership of those materials. The generator may not be prohibited from selling, conveying, or arranging for the […]
Section 22-27-17 – Disposal Fees; Disposition of Funds; Exemptions; Review of Records; Biennial Report.
Section 22-27-17 Disposal fees; disposition of funds; exemptions; review of records; biennial report. (a) Beginning on October 1, 2008, the following disposal fees are levied upon generators of solid waste who dispose of solid waste at solid waste management facilities permitted by the department subject to this chapter, which shall be collected in accordance with […]
Section 22-27-18 – Solid Waste Fund; Alabama Recycling Fund.
Section 22-27-18 Solid Waste Fund; Alabama Recycling Fund. (a) There are established separate special revenue trust funds in the State Treasury to be known as the Solid Waste Fund (SWF) and the Alabama Recycling Fund (ARF). These funds shall be used for the purposes set forth in this article and for no other governmental purposes, […]
Section 22-27-2 – Definitions.
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency, public or private, elected, appointed, or volunteer utilizing methods approved by the health department or the department for the purpose of controlling and supervising the collection or […]
Section 22-27-3 – Authority of Local Governing Bodies as Waste Collections and Disposal; Household Exemptions; State Regulatory Program.
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal governing body may, and is hereby authorized to, make available to the general public collection and disposal facilities for solid wastes in a manner acceptable to the department. The county […]
Section 22-27-4 – Hazardous Wastes; Unauthorized Dumps; Vermin Controls.
Section 22-27-4 Hazardous wastes; unauthorized dumps; vermin controls. (a) Hazardous wastes. Hazardous wastes shall be managed in accordance with the provisions of Sections 22-30-1 through 22-30-24, and the rules promulgated thereunder. (b) Unauthorized dumps. The creation, contribution to, or operation of unauthorized dumps shall be prohibited, removed, enjoined, and enforced upon and regulated as provided […]
Section 22-27-5 – Establishment of Charges, Fees, etc., Mutual Agreements or Contracts; Licensing of Private or Corporate Agencies; Permits and Bonds; Nonpayment; Expense of Certain Excess Amounts.
Section 22-27-5 Establishment of charges, fees, etc., mutual agreements or contracts; licensing of private or corporate agencies; permits and bonds; nonpayment; expense of certain excess amounts. (a) Fees, etc.; mutual agreements or contracts. The county commission or municipality undertaking the responsibility for providing services to the public under this article may establish fees, charges, and […]
Section 22-27-5.1 – Tipping Fee for Use of Certain County Landfills.
Section 22-27-5.1 Tipping fee for use of certain county landfills. (a) Notwithstanding any other provision of law, any county having a population of 25,000 inhabitants or less, according to the 1990 federal decennial census, which voluntarily operates a landfill as defined in Section 22-27-2(8), may charge a tipping fee for use of the county landfill. […]
Section 22-27-5.2 – Solid Waste Landfill Moratorium.
Section 22-27-5.2 Solid waste landfill moratorium. (a)(1) Notwithstanding any provision of law, until May 31, 2014, neither the department nor any state or local agency may grant any new permits to a new public solid waste landfill facility which is intended to receive waste not generated by the permittee. (2) The moratorium period is necessary […]
Section 22-27-6 – Authority to Adopt Resolution or Ordinance; Rules and Regulations; Noncompliance as Public Nuisance; Citation; Court Proceedings.
Section 22-27-6 Authority to adopt resolution or ordinance; rules and regulations; noncompliance as public nuisance; citation; court proceedings. (a) The county commission may by resolution or ordinance provide for the orderly collection of fees charged under the provisions of this article. Such commission may establish periodic payment systems and is authorized to purchase necessary supplies […]
Section 22-27-7 – Supervision and Regulatory Control; Rules and Regulations; Penalty for Violation of Article.
Section 22-27-7 Supervision and regulatory control; rules and regulations; penalty for violation of article. With regard to the collection of solid wastes, the Health Department shall exercise such supervision over equipment, methodology and personnel in the management of solid wastes as may be necessary to enforce sanitary requirements, and the state and county boards of […]
Section 22-27-8 – Financial Assurance.
Section 22-27-8 Financial assurance. (a) All persons having or requesting a permit for the operation of a municipal solid waste landfill shall establish and maintain financial assurance for proper closure, post-closure care, or corrective action in the form and amount the department specifies by regulation. This requirement is applicable to all municipal solid waste landfills […]
Section 22-27-9 – Authority of Department of Environmental Management and Department of Public Health.
Section 22-27-9 Authority of Department of Environmental Management and Department of Public Health. (a) The Department of Environmental Management shall be the agency with primary regulatory authority over the management of solid waste in the state, except for the collection and transportation of nonhazardous and nonmedical solid waste. The department may exercise the regulatory authority […]