Section 45-52-251.03 - Municipal permits to operate a storage facilityA storage facility may be constructed and operated within a source water protection area if constructed pursuant to the following municipal application and permit procedure:
(1) Any party desiring to construct and operate a storage facility at a location within a source water protection area shall submit to the governing body of the municipality whose intake facility lies within the area, without regard as to whether the proposed site or location upon which the proposed storage facility is to be constructed lies wholly or partially within or outside the city limits of the municipality, an application for a permit to construct such a storage facility. The application shall include design plans and specifications and a declaration of the purpose for and method by which a storage facility will be constructed and operated, which shall all be continuing representations by the applicant, and any successor in interest or assignees of the applicant, and any disobedience or variance therefrom shall invalidate any permit granted hereunder.(2) A public hearing on a permit application shall be held by the municipality no sooner than 30 days after public notice is given by the municipality that a public hearing will be held on whether the application for a permit shall be granted.(3) If the municipality determines after the public hearing that the construction and operation of the storage facility in accordance with the terms and provisions of the permit application will not constitute, to any degree, a risk of contamination of the public water supply of the municipality, a permit for the construction and operation of a storage facility may be granted upon the terms and conditions as the municipality may impose, and the construction and operation of the storage facility granted a permit, in accordance with all terms on which the permit was issued, shall not constitute a violation of Section 45-52-251.02.Ala. Code § 45-52-251.03 (1975)
Act 2010-132, p. 185, § 4.