Section 22-28-1 – Short Title.
Section 22-28-1 Short title. This chapter shall be known and may be cited as the “Alabama Air Pollution Control Act of 1971.” (Acts 1971, No. 769, p. 1481, §1.)
Section 22-28-10 – Powers of Commission Generally; Advisory Committees.
Section 22-28-10 Powers of commission generally; advisory committees. In addition to other powers conferred on it by law, the commission shall have power to: (1) Hold hearings relating to any aspect of or matter in the administration of this chapter and, in connection therewith, compel the attendance of witnesses and the production of evidence through […]
Section 22-28-11 – Emission Control Requirements.
Section 22-28-11 Emission control requirements. The commission may establish such emission control requirements, by rule or regulation, as in its judgment may be necessary to prevent, abate or control air pollution. Such requirements may be for the state as a whole or may vary from area to area, as may be appropriate, to facilitate accomplishment […]
Section 22-28-12 – Motor Vehicle Emissions.
Section 22-28-12 Motor vehicle emissions. (a) As the state of knowledge and technology relating to the control of emissions from motor vehicles may permit or make appropriate, and in furtherance of the purposes of this chapter, the commission may provide by rules and regulations for the control of emissions from any class or classes of […]
Section 22-28-13 – Variances.
Section 22-28-13 Variances. (a) The commission may grant individual variances beyond the limitations prescribed in this chapter whenever it is found, upon presentation of adequate proof, that compliance with any rule or regulation, requirement or order of the commission would impose serious hardship without equal or greater benefits to the public and the emissions occurring, […]
Section 22-28-14 – Regulations – Authority of Commission.
Section 22-28-14 Regulations – Authority of commission. The commission, pursuant to procedures prescribed in Section 22-28-15, may adopt regulations to promote the purposes of this chapter. Without limiting the generality of this authority, such regulations may among other things prescribe: (1) Ambient air quality standards specifying the maximum permissible short-term and long-term concentrations of various […]
Section 22-28-15 – Regulations – Hearings; Procedure for Adoption.
Section 22-28-15 Regulations – Hearings; procedure for adoption. (a) No substantive regulations shall be adopted, amended or repealed until after a public hearing. At least 20 days prior to the scheduled date of the hearing, the commission shall give notice of such hearing by public advertisement in a newspaper of general circulation in the area […]
Section 22-28-16 – Permits.
Section 22-28-16 Permits. (a) The commission, by regulation, shall prohibit the construction, installation, modification or use of any equipment, device or other article which it finds may cause or contribute to air pollution or which is intended primarily to prevent or control the emission of air pollutants unless a permit therefor has been obtained from […]
Section 22-28-17 – Review of Plans and Specifications.
Section 22-28-17 Review of plans and specifications. (a) The commission may require that notice be given to the director prior to the undertaking of the construction, installation or establishment of particular types or classes of new air contamination sources specified in its rules and regulations. Within 15 days of its receipt of such notice, the […]
Section 22-28-18 – Providing of Information.
Section 22-28-18 Providing of information. The commission may require the owner or operator of any air contaminant source to establish and maintain such records, make such reports, install, use and maintain such monitoring equipment or methods, sample such emissions in accordance with such methods, at such locations, intervals and procedures as the commission shall prescribe, […]
Section 22-28-19 – Right of Entry for Inspection; Tests and Samples.
Section 22-28-19 Right of entry for inspection; tests and samples. (a) Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on, or at, which an air contaminant source is located or is being constructed, installed or established, at any reasonable time, for the purpose of […]
Section 22-28-2 – Definitions.
Section 22-28-2 Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) AIR POLLUTION. The presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as are, or tend to be, injurious to human health or welfare, […]
Section 22-28-20 – Availability of Records, Reports or Information.
Section 22-28-20 Availability of records, reports or information. (a) Any records, reports or information obtained under this chapter shall be available to the public; except, that upon a showing satisfactory to the commission by any person that records, reports or information, or particular part thereof, other than emission data, to which the commission has access […]
Section 22-28-21 – Air Pollution Emergencies.
Section 22-28-21 Air pollution emergencies. (a) Any other provisions of law to the contrary notwithstanding, if the director finds that a generalized condition of air pollution exists and that it creates an emergency requiring immediate action to protect human health or safety, the director shall order persons causing or contributing to the air pollution to […]
Section 22-28-22 – Proceedings Upon Violation of Chapter; Penalties; Subpoenas; Injunctions.
Section 22-28-22 Proceedings upon violation of chapter; penalties; subpoenas; injunctions. (a) Any person who knowingly violates or fails or refuses to obey or comply with this chapter, or any rule or regulation adopted thereunder, or knowingly submits any false information under this chapter, or any rule or regulation thereunder, including knowingly making a false material […]
Section 22-28-23 – Local Air Pollution Control Programs.
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section, it is the intention of this chapter to occupy by preemption the field of air pollution control within all areas of the State of Alabama. However, nothing in this section shall be construed to limit or abrogate any private remedies now […]
Section 22-28-3 – Declaration of Policy; Purpose of Chapter.
Section 22-28-3 Declaration of policy; purpose of chapter. (a) It is hereby declared to be the public policy of this state and the purpose of this chapter to achieve and maintain such levels of air quality as will protect human health and safety and, to the greatest degree practicable, prevent injury to plant and animal […]
Section 22-28-9 – Authority of Commission to Hire Consultants, Assistants and Other Employees.
Section 22-28-9 Authority of commission to hire consultants, assistants and other employees. The commission may employ and compensate, within appropriations available therefor, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and may prescribe their powers and duties. Employees of the commission shall be employed in […]