AGO 2002-142.

Case DateFebruary 15, 2002
CourtAlabama
Alabama Attorney General Opinions 2002. AGO 2002-142. 2002-142February 15, 2002Honorable James W. Warr, DirectorAlabama Department of Environmental Management Post Office Box 301463 Montgomery, Alabama 36130-1463 Environmental Management Department - Coastal Area Management Program - PollutionThe Alabama Department of Environmental Management has, by statute, been granted enforcement authority sufficient to prevent nonpoint pollution. Additionally, authority exists, and has been previously utilized through promulgation of regulations, to require the implementation of appropriate nonpoint source pollution management measures.Dear Mr. Warr: This opinion of the Attorney General is issued in response to your request on behalf of the Alabama Department of Environmental Management. QUESTIONS Can the Alabama Department of Environmental Management 's existing enforcement authority be used to prevent nonpoint pollution? Is that authority sufficient to require management-measure implementation? FACTS AND ANALYSIS In framing this response, a certification relating to this matter, issued by this Office, was directed to the United States Environmental Protection Agency (copy attached). That certification indicates that the State of Alabama has enacted legislation authorizing the state to implement programs such as the Nonpoint Source Management Plan previously developed by your department. Section 22-22A-4(n) of the Code of Alabama provides that the Alabama Department of Environmental Management ("ADEM") is designated as the state water pollution control agency for the purposes of the Federal Clean Water Act. 33 U.S.C. 1251, et seq. (1999). ADEM is also responsible for administering the Alabama Water Pollution Control Act. ALA. CODE §§ 22-22-1 to 22-22-14 (1997). Section 22-22-9(a) of the Code states that "[i]t shall be the duty of the [department] to control pollution in the waters of the state. . . ." ALA. CODE § 22-22-9(a) (1997). Section 22-22-1(b)(3) of the Code broadly defines "pollution" as: The discharge of a pollutant or combination of pollutants. A pollutant includes but is not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and...

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