SB249 Alabama 2010 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

Regular Session 2010

Title

Morgan Co., source water protection areas provided for public water supply systems, storage and distribution facilities for hazardous material within certain distance of source water, prohibited, municipal permits, civil remedies

Summary

The bill creates source water protection areas around Morgan County public water intakes to ban most hazardous-material storage there, while allowing a municipal permit process to authorize limited storage facilities and providing civil remedies for violations.

What This Bill Does

It defines source water protection areas around intake facilities with specific distance rules. It prohibits constructing or operating hazardous-material storage facilities above 10,000 gallons within those areas, unless a municipality approves a permit and determines the facility would not contaminate the water. It establishes a municipal permit process with design plans, a public hearing, and conditions for approval, and it provides civil remedies (including injunctions and abatement) for violations.

Who It Affects

• Municipalities in Morgan County and their public water intake facilities, which must enforce the protection areas and handle permit decisions.
• Storage facility operators or developers seeking to locate or operate hazardous-material storage facilities within a source water protection area, who must obtain a municipal permit and comply with permit terms or face enforcement actions.

Key Provisions

• Source Water Protection Area distances: if intake is not in a stream, within one-quarter mile; if intake is in a river/stream, 1,000 feet downstream and 5,000 feet upstream, plus an additional 200 feet landward from the water edge where the intake is located.
• Storage facility definition and threshold: includes storage tanks/facilities for hazardous materials with capacity over 10,000 gallons (and related delivery/receiving structures when source water is a stream or river).
• Prohibition within SWPA: storage facilities may not be constructed or operated inside a source water protection area except as provided by the permit process in Section 4.
• Municipal permit process: requires an application to the municipality with intake facility within the SWPA, a public hearing, and permit issuance only if the facility would not pose a contamination risk, with permits containing terms and conditions.
• Enforcement and remedies: violations may be enjoined; municipalities must declare violations and seek abatement in court if necessary, with ongoing restrictions until a court ruling. The act becomes effective immediately after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Morgan County