(a) Upon the failure of a management entity to remediate any wastewater system failure within a reasonable time to protect the health and safety of the public or the environment as may be established by rules or orders of the State Board of Health or ADEM, upon the request of the applicable department, the PSC is hereby granted full authority to take possession of the system, correct the failure, and to operate the system or assign the system to another certified wastewater management entity.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 22-25B-9

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) In the event the PSC operates or assigns a system as provided in subsection (a), it may call upon the violating wastewater management entity’s performance bond, letter of credit, or pledged assets to correct the violation and facilitate the transfer to another certified wastewater management entity.
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