Code of Alabama
Chapter 10B - Alabama Water Resources.
Section 9-10B-23 - Authority of Alabama Department of Environmental Management to Implement and Enforce Rules and Regulations.

(a) In the event the commission adopts or promulgates any rules or regulations limiting or reducing the quantity of water available to a person holding a certificate of use, the implementation and enforcement of such rules and regulations shall be under the direction of the Alabama Department of Environmental Management.
(b) The Alabama Department of Environmental Management and the Alabama Environmental Management Commission are hereby expressly authorized to perform the following duties and functions with respect to the implementation and enforcement of the rules and regulations adopted by the commission:
(1) To receive copies of all reports or other documents submitted to the Office of Water Resources by holders of certificates of use within a capacity stress area;
(2) Acting through the Alabama Department of Environmental Management, to issue an order assessing a civil penalty against any person in violation of any condition, limitation, or restriction of a certificate of use promulgated by the commission pursuant to Section 9-10B-22; provided, however, that all such orders shall be consistent with, and subject to the limitations set forth in, subdivision (19) of Section 9-10B-5;
(3) To recommend to the Office of Water Resources or the commission actions to be taken within a capacity stress area or modifications, amendments, or repeals of any rules or regulations adopted by the commission regarding a capacity stress area;
(4) Acting through the Alabama Environmental Management Commission, to hear administrative appeals of any order issued by the Alabama Department of Environmental Management pursuant to this section; and
(5) Acting through the Alabama Environmental Management Commission, to adopt such rules and regulations as reasonably necessary to perform the functions authorized pursuant to this section; provided, however, that no such rules or regulations shall conflict or be inconsistent with the rules or regulations adopted by the commission in designating a capacity stress area.

Structure Code of Alabama

Code of Alabama

Title 9 - Conservation and Natural Resources.

Chapter 10B - Alabama Water Resources.

Section 9-10B-1 - Short Title.

Section 9-10B-2 - Legislative Findings; Exemptions.

Section 9-10B-3 - Definitions.

Section 9-10B-4 - Office of Water Resources Created.

Section 9-10B-5 - Functions and Duties of Office of Water Resources.

Section 9-10B-6 - Negotiation and Consummation of Interstate Compacts.

Section 9-10B-7 - Office Headed by Division Chief.

Section 9-10B-8 - Power and Authority of Division Chief.

Section 9-10B-9 - Recommendation of Proposed Rules by Division Chief.

Section 9-10B-10 - Establishment of Technical or Other Advisory Committees.

Section 9-10B-11 - Determination of Number of Employees Needed.

Section 9-10B-12 - Water Resources Commission Created; Membership.

Section 9-10B-13 - Terms of Members of Commission.

Section 9-10B-14 - Expiration of Term or Vacancy on Commission; Succession; Appointment.

Section 9-10B-15 - Chairperson of Commission; Length of Term; Successor.

Section 9-10B-16 - Duties of Commission.

Section 9-10B-17 - Remuneration of Commission; Meetings; Division Chief as Ex Officio Secretary.

Section 9-10B-18 - Adoption of Rules and Regulations for Operation of Commission; Administrative Hearings.

Section 9-10B-19 - Promulgation of Rules Governing Declarations of Beneficial Use and Certificates of Use.

Section 9-10B-20 - Submission of Declaration of Beneficial Use; Requirements and Limitations; Certificate of Use.

Section 9-10B-21 - Critical Use Studies to Determine if Areas Should Be Designated as Capacity Stress Areas.

Section 9-10B-22 - Implementation of Use Restriction Alternatives; Conditions, Limitations, or Restrictions on Certificate of Use.

Section 9-10B-23 - Authority of Alabama Department of Environmental Management to Implement and Enforce Rules and Regulations.

Section 9-10B-24 - Alabama Water Resources Council Established; Composition of Members; Advisory Capacity.

Section 9-10B-25 - Considerations When Designating Capacity Stress Areas; Authority of Local Organizations to Implement Proposed Actions.

Section 9-10B-26 - Effect of Chapter on Other State Departments and Agencies.

Section 9-10B-27 - Effect of Chapter on Water Use Rights of Riparian Land Owners.

Section 9-10B-28 - Expenditure of Appropriations.

Section 9-10B-29 - Charging Fees or Taxes.

Section 9-10B-30 - Application of Alabama Administrative Procedure Act.