HB106 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Steve ClouseRepresentative
Republican
Session: Regular Session 2011
Title: Environmental Management Department, civil penalties for violations, certain minimum penalties removed, Sec. 22-22A-5 am'd. (2011-20079)
Summary: HB106 removes the minimum civil penalties for certain environmental violations and keeps maximum penalties, giving the department more flexibility in penalties while maintaining enforcement tools.
What This Bill Does
The bill amends Section 22-22A-5 to eliminate the $100 per-violation minimum penalty. Penalties still have a per-violation cap of $25,000 and a per-enforcement-action cap of $250,000, with penalties potentially assessed for violations within the prior two years. It maintains the department's enforcement powers—issuing orders, conducting hearings, and pursuing civil actions—and the requirement to recover applicable enforcement costs. Penalties collected go to the State General Fund, while the costs of enforcement go to the department or Attorney General's operating fund.

Who It Affects
Businesses and individuals who violate Alabama environmental laws: penalties for violations may be set without a fixed $100 minimum, within the specified caps.
The Environmental Management Department (and the Attorney General) who enforce the laws, issue penalties, collect funds, and conduct hearings and civil actions.

Key Provisions
Eliminates the $100 minimum penalty per violation in 22-22A-5 for civil penalties; penalties are now determined within the existing maximums.
Maintains maximum penalties of $25,000 per violation and $250,000 per order, and allows penalties for violations occurring within two years prior to an order or civil action.
Preserves enforcement procedures: department can issue orders, hold hearings (with some flexible procedures), and pursue civil actions to recover penalties and costs.
Penalties recovered are deposited into the General Fund; reasonable enforcement costs are deposited into the department's or Attorney General's operating fund.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Environmental Management Department