(a) Upon the failure of a management entity to remediate any wastewater system failure within a reasonable time to protect the health and safety of the public or the environment as may be established by rules or orders of the State Board of Health or ADEM, upon the request of the applicable department, the PSC is hereby granted full authority to take possession of the system, correct the failure, and to operate the system or assign the system to another certified wastewater management entity.
(b) In the event the PSC operates or assigns a system as provided in subsection (a), it may call upon the violating wastewater management entity's performance bond, letter of credit, or pledged assets to correct the violation and facilitate the transfer to another certified wastewater management entity.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 25B - Regulation of Privately Owned Wastewater Systems.
Section 22-25B-1 - Definitions.
Section 22-25B-2 - Exempted Entities.
Section 22-25B-3 - Responsibilities of Wastewater Management Entities.
Section 22-25B-4 - Adph Regulation of Cluster Wastewater Systems.
Section 22-25B-5 - Adem Regulation of Community Wastewater Systems.
Section 22-25B-6 - Psc Regulation of Wastewater Management Entities.
Section 22-25B-7 - Fees and Penalties.
Section 22-25B-8 - Advisory Group.
Section 22-25B-9 - Wastewater System Failure.
Section 22-25B-10 - Public Right-of-Way Crossing.