Alabama Air Pollution Control Act
Alabama · Health, Mental Health, and Environmental Control · §§ 22-28-1 to 22-28-9 · 18 sections
Overview
The act establishes a statewide framework for controlling air pollution, prohibiting the release of air contaminants except as authorized and vesting a state environmental agency and its director with the authority to regulate emission sources. Its central mechanism is a permitting system: sources must apply for, obtain, and renew permits carrying minimum conditions and recordkeeping and monitoring obligations, subject to fees that support a dedicated fund, with variances, exemptions, and specialized treatment for certain source categories. The act also provides for public participation, complaints and administrative hearings, judicial review of agency decisions, and enforcement through inspections, emergency orders, injunctive relief, and civil, administrative, and criminal penalties.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 593 F. Supp. 2d 812 - North Carolina Ex Rel. Cooper v. Tennessee Valley Authority
Sections covered
- Ala. Code § 22-28-1Short Title.
- Ala. Code § 22-28-10Powers of Commission Generally; Advisory Committees.
- Ala. Code § 22-28-11Emission Control Requirements.
- Ala. Code § 22-28-12Motor Vehicle Emissions.
- Ala. Code § 22-28-13Variances.
- Ala. Code § 22-28-14Regulations - Authority of Commission.
- Ala. Code § 22-28-15Regulations - Hearings; Procedure for Adoption.
- Ala. Code § 22-28-16Permits.
- Ala. Code § 22-28-17Review of Plans and Specifications.
- Ala. Code § 22-28-18Providing of Information.
- Ala. Code § 22-28-19Right of Entry for Inspection; Tests and Samples.
- Ala. Code § 22-28-2Definitions.1 cite
- Ala. Code § 22-28-20Availability of Records, Reports or Information.
- Ala. Code § 22-28-21Air Pollution Emergencies.
- Ala. Code § 22-28-22Proceedings Upon Violation of Chapter; Penalties; Subpoenas; Injunctions.
- Ala. Code § 22-28-23Local Air Pollution Control Programs.
- Ala. Code § 22-28-3Declaration of Policy; Purpose of Chapter.
- Ala. Code § 22-28-9Authority of Commission to Hire Consultants, Assistants and Other Employees.
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