SB46INTRODUCED
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SB46
EM3DCC2-1
By Senators Sessions, Williams, Figures (N & P)
RFD: Mobile County Legislation
First Read: 04-Feb-25
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5 EM3DCC2-1 07/24/2024 fc (L) ma 2024-2227
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First Read: 04-Feb-25
SYNOPSIS:
This bill would authorize any Class 2 municipality
to establish a delegation agreement with the Alabama
Department of Environmental Management for the local
enforcement of the Alabama Scrap Tire Environmental
Quality Act.
This bill would also provide for jurisdiction of
violations in the municipal court of the Class 2
municipality and for criminal penalties.
A BILL
TO BE ENACTED
AN ACT
Relating to Class 2 municipalities; to amend Section
22-40A-12 of the Code of Alabama 1975, relating to the Alabama
Scrap Tire Environmental Quality Act, to authorize the
governing body of a Class 2 municipality to establish a
delegation agreement with the Alabama Department of
Environmental Management to enforce the act; to authorize
enforcement in a Class 2 municipality in municipal court; and
to provide for criminal penalties of certain violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 22-40A-12 of the Code of Alabama
1975, is amended to read as follows:
"ยง22-40A-12
(a) County commissions and the governing body of any
Class 2 municipality may request primacy on enforcement and
establish delegation agreements with the department for
enforcement of this chapter. The department shall establish by
regulation rule the procedures for delegation. Counties A
county or a Class 2 municipality that wish to voluntarily
establish such establishes a delegation agreements agreement
with the department for local enforcement shall have all of
the following responsibilities:
(1) Provide quarterly reports to the department on all
scrap tire activities within that quarter on a form prepared
and provided by the department.
(2) Provide a written investigation reports report to
the department within 10 days of the an initial investigation.
(3) Investigate all reports and complaints regarding
scrap tires within the respective county or Class 2
municipality.
(4) Investigate illegal dumping of scrap tires.
(5) Review manifests of scrap tires at businesses
(b) Notwithstanding any other provision of law, in a
Class 2 municipality, the municipal court shall have
jurisdiction over violations of this chapter.
(c) In any Class 2 municipality, in lieu of the
penalties provide in Section 22-40A-19, the following
penalties shall apply:
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penalties shall apply:
(1) A person who accumulates scrap tires in violation
of this chapter as provided in Section 22-40A-19(a)(1), upon
conviction, shall be guilty of a Class C misdemeanor.
(2) A person who processes scrap tires in violation of
this chapter as provided in Section 22-40A-19(a)(2), upon
conviction, shall be guilty of a Class B misdemeanor.
(3) A person who transports scrap tires in violation of
this chapter as provided in Section 22-40A-19(a)(3), upon
conviction, shall be guilty of a Class A misdemeanor. "
Section 2. This act shall become effective June 1,
2025.
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