Ala. Code § 45-52-251.01

Current through the 2024 Regular Session.

Section 45-52-251.01 - Definitions

As used in this part, unless the context clearly indicates otherwise, the following terms have the following meanings:

(1) ENVIRONMENTAL LAWS. Any applicable federal, state, or local law, rule, regulation, ordinance, order, consent decree, or order of any governmental authority now or hereinafter in effect relating to and defining hazardous materials or the protection of the environment, health, and safety of public water supply systems under the federal Safe Drinking Water Act, Clean Water Act, Hazardous Materials Transportation Act, and Occupational Safety and Health Act and any similar state or local law; provided that any such environmental law does not specifically exclude regulation at the local governmental level.

(2) HAZARDOUS MATERIALS. Any hazardous or toxic material or substance defined, listed, or regulated under environmental laws and, without restricting the generality thereof, shall include oil, gas, diesel fuel, aviation fuel, and petroleum products in whatever form they may exist.

(3) INTAKE FACILITY. Any structure or facility by which untreated water is taken from any source water by any public water system for treatment and subsequent use or consumption by members of the public of Morgan County, for drinking or other purposes, including fire protection and sanitary sewer operations.

(4) PUBLIC WATER SYSTEM. Any water supply system operated by any municipality in Morgan County, or any public board, authority, or agency that provides drinking water for human consumption or other purposes to residents of Morgan County.

(5) SOURCE WATER. Any water source, including any river or stream, from which water is drawn either periodically or continuously, by any municipality in Morgan County, which following treatment is piped for human use or consumption.

(6) SOURCE WATER PROTECTION AREA. Includes the following areas in Morgan County:

a. If an intake facility is not within a stream or river, within one-quarter mile of any intake facility.

b. If an intake facility lies within a river or stream, the area shall include an area extending 1,000 feet downstream and 5,000 feet upstream from any intake facility and shall also include an additional area within such upstream and downstream boundaries extending 200 feet landward from the water's edge or shoreline of any source water in which an intake facility for any public water system in Morgan County is located.

(7) STORAGE FACILITY. Includes the following:

a. Any aboveground or underground storage tank or facility utilized for the receipt, by means of any method of transportation, storage, and distribution, of any hazardous materials as herein defined, having a capacity in excess of 10,000 gallons.

b. Where source water is a stream or river, any structure or facility, pump, pipeline, or other apparatus used to deliver or receive a hazardous material from any vessel, vehicle, tank car, or other transport device to any aboveground or underground storage facility having a capacity in excess of 10,000 gallons.

Ala. Code § 45-52-251.01 (1975)

Act 2010-132, p. 185, § 2.