Code of Alabama - Title 45: Local Laws - Section 45-49-252.14 - Certain acts and practices prohibited

Section 45-49-252.14 - Certain acts and practices prohibited.

(a) It shall be unlawful to dispose of solid waste except by sanitary landfill, incineration, recycling process, or other method approved by the director, consistent with applicable state law, operated by the county or permitted and possessing certificates of need as required herein.

(b) It shall be unlawful to allow an unauthorized accumulation of rubbish, yard trash, garbage, and putrescible waste on any residential or commercial premises not engaged in a salvaging operation.

(c) It shall be unlawful for any person other than the owner or collector, or his or her agent, or employees to collect refuse or to interfere in any manner with any such receptacles from the place where the same are placed by the owner or person lawfully in control thereof, or to remove the contents of such receptacles.

(d) No person shall place any refuse in any street, alley, or other public place, or upon private property, whether owned by such person or not, except if it be in proper containers for storage and collection. No person shall throw or deposit refuse in any street, ditch, lake, stream, or other body of water.

(e) It shall be a violation of this part for any person to dispose of any acid, explosive material, inflammable liquids, or any dangerous or highly corrosive material in a way which might be detrimental or harmful to any person or persons.

(f) No rack or other structure intended to house or support garbage or refuse containers shall be constructed, maintained, or permitted to remain in any part of a public street or on private property within sight of a street. This shall not prevent the use of a garbage cart which can be rolled in and out from the house to the curb line.

(g) Residential refuse or garbage containers shall not be placed on the curb or grass plot prior to 5:00 p.m. of the day preceding the scheduled time of collection, and all containers shall be removed from the curb or grass plot prior to 7:30 p.m. on the day of collection.

(h) It shall be unlawful to place any dead animal, or parts thereof, in a container for collection without the consent of the collector or director, provided, however, this section shall not apply to animal parts from food preparation for human consumption.

(i) It shall be unlawful for any builder, or building contractor to bury any trash and debris which includes limbs, tree trunks, roots, concrete slabs, concrete blocks, bricks, building debris and all other materials used by the contractors in the course of building or alterations, or both, upon any premise unless a permit is first obtained in accordance with this part.

(j) It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak, or fall therefrom.

(k) It shall be unlawful for any person to interfere with any county enforcement or management personnel or employee of a permitted or franchised collector while in the performance of their duties authorized by this part.

(l) It shall be unlawful for any person to scavenge any solid waste within the boundaries of a sanitary landfill operated by Mobile County. This shall not prohibit persons who first obtain the permission of the director from removing such solid waste.

(m) It shall be unlawful for any person to use any property in Mobile County for disposal or treatment of solid waste without an unrevoked permit and if required herein, certificate of need issued in accordance with this part.

(n) It shall be unlawful for any person to burn solid waste in any manner other than in a duly authorized incinerator permitted under Section 45-49-252.04, or in accordance with the regulations promulgated by the Department of Environmental Regulation, as amended from time to time.

(o) It shall be unlawful to engage in any aspect of handling or managing any hazardous of infectious waste until a permit has been obtained in accordance with Section 45-49-252.05.

(p) It shall be unlawful to store, collect, transport, transfer, recover, incinerate, or dispose of any solid waste within the boundaries of Mobile County contrary to this part or any permit or certificate of need issued hereunder.

(q) It shall be unlawful for any person to operate a solid waste collection, transportation, or disposal service in Mobile County who does not possess an unrevoked permit from the director and any required certificates of need from the Mobile County Commission.

(r) No person shall deposit or dispose of any solid waste at any county solid waste disposal or handling facility without paying, in accordance with the requirements of the director, any lawfully imposed charges.

(Act 81-450, p. 773, §15.)

Last modified: May 3, 2021