(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:

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7

Terms Used In Alabama Code 45-52-251.04

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.
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