§ 45-52-251.04 — Civil Remedies for Violations

Alabama § 45-52-251.04

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 52: Morgan County
• Art. 25: Utilities
• Part 2: Protection of Public Water Supply

Text

(a) The construction or commencement of construction of or attempted operation of a storage facility within a source water protection area that is not authorized by this part constitutes a violation of this part and may be enjoined by a restraining order of the court upon the following actions:
(1) A resolution must first be adopted by the governing body of any municipality in Morgan County which finds and declares that the construction of a storage facility constitutes a violation of this part and that the continuance of the construction of the storage facility will constitute a public nuisance.
(2) After a resolution is adopted by a municipality in Morgan County, pursuant to subdivision (1), it shall file a petition in the Circuit Court of Morgan County asking that any planned or threatened or in-progress construction of a storage facility be abated pending a final determination by a court of competent jurisdiction as to whether such storage facility is authorized to be built.
(b) Any construction or planned construction shall be abated and discontinued pending any action by the Circuit Court of Morgan County, or Appellate Court of Alabama, or other court of competent jurisdiction, vacating or otherwise abating any such determination by any municipality of Morgan County.

Legislative History

(Act 2010-132, p. 185, § 5.)