Code of Alabama

Ala. Code § 22-22-1 (2026)

Short Title; Definitions.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) This chapter may be cited as the “Alabama Water Pollution Control Act.”

(b) For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:

(1) COMMISSION. The Alabama Department of Environmental Management.

(2) WATERS. All waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly or partially within the state, natural or artificial. This does not include waters which are entirely confined and retained completely upon the property of a single individual, partnership or corporation unless such waters are used in interstate commerce.

(3) POLLUTION. The discharge of a pollutant or combination of pollutants. A pollutant includes but is not limited to dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water. Pollutant does not mean (a) sewage from vessels; or (b) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state, and if the commission determines that such injection or disposal will not result in the degradation of ground or surface water resources.

(4) SEWAGE. Water-carried human wastes from residences, buildings, industrial establishments or other places, together with such ground, surface, storm or other waters as may be present.

(5) INDUSTRIAL WASTES. Liquid or other wastes resulting from any process of industry, manufacture, trade or business or from the development of natural resources.

(6) OTHER WASTES. All other substances, whether liquid, gaseous, or solid, or energy in the form of heat from all other sources including, but not limited to, any vessels or other conveyances traveling or using the waters of this state, except industrial wastes or sewage.

(7) PERSON. Any and all persons, natural or artificial, including, but not limited to, any individual, partnership, association, society, joint stock company, firm, company, corporation, institution, trust, other legal entity, business organization or any governmental entity and any successor, representative, responsible corporate officer, agent or agency of the foregoing.

(8) DISCHARGE. The addition, introduction, leaking, spilling or emitting of any sewage, industrial waste, pollutant or other wastes into waters of the state.

(9) DIRECTOR. The director of the Alabama Department of Environmental Management.

(10) CHAIRMAN. The director of the Alabama Department of Environmental Management.

(11) VICE-CHAIRMAN. The director of the Alabama Department of Environmental Management.

(12) WATER IMPROVEMENT COMMISSION. The Alabama Department of Environmental Management.

(13) ALABAMA WATER IMPROVEMENT COMMISSION. The Alabama Department of Environmental Management.

(Acts 1971, No. 1260, p. 2175, §2; Acts 1979, No. 79-277, p. 415, §1; Acts 1982, No. 82-612, p. 1111, §11(b).)

Notes of Decisions

Cited in 12 cases, 1990–2012 · leading case: Poffenbarger v. Merit Energy Co., 972 So. 2d 792 (Ala. 2007).

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Poffenbarger v. Merit Energy Co., 972 So. 2d 792 (Ala. 2007). · cites it 2× “parts 1-1700 (2006); Ala.Code 1975, §§ 22-22-1 to 22-40A-24; Ala.”

Moorer v. Demopolis Waterworks & Sewer Bd., 374 F.3d 994 (11th Cir. 2004). “On April 21, 2003, the State of Alabama filed an action in the Circuit Court of Marengo County alleging that the appellee has violated and continues to violate the Alabama Water Pollution Control Act, Ala.Code § 22-22-1 (1975). State of Alabama, ex rel.”

Dept. of Env't Mgmt. v. Leaf, 973 So. 2d 369 (Ala. Civ. App. 2007). “In that case, a panel of the Eleventh Circuit Court of Appeals held that the Environmental Management Act, supra, and the Alabama Water Pollution Control Act, §§ 22-22-1 to 22-22-14, Ala.Code 1975, were not "comparable" to the federal Clean Water Act, 33 U.”

Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 114 So. 3d 47 (Ala. Civ. App. 2012). · cites it 2× “2011); that opinion summarizes much of the pertinent factual and legal background: “Under Alabama law, the Department is the state agency primarily responsible for administering environmental legislation, including the Alabama Water Pollution Control Act, Ala.Code 1975, §…”

Kim McAbee v. City of Fort Payne, 318 F.3d 1248 (11th Cir. 2003). “KRAVITCH, Circuit Judge: The question presented is whether the Alabama Water Pollution Control Act (the “AWPCA”), Ala.Code §§ 22-22-1 to 22-22-14, and the Alabama Environmental Management Act (the “AEMA”), Ala.”

Black Warrior Riverkeeper, Inc. v. Cherokee Mining, LLC, 548 F.3d 986 (11th Cir. 2008). “335-6-6 (2008); Ala. Code §§ 22-22-1 to -14 (2008) and §§ 22-22A-1 to -16 (2008).”

Atwell v. KW Plastics Recycling Div., 173 F. Supp. 2d 1213 (M.D. Ala. 2001). “§ 22-22-1 et seq., and State Indirect Discharge (“SID”) permit no.”

Parrish v. City of Bayou La Batre, 581 So. 2d 1101 (Ala. Civ. App. 1990). · cites it 2× “See generally Ala.Code 1975, §§ 22-22-1 to 22-22-14; 33 U.”

Atwell v. Kw Plastics, 213 F. Supp. 2d 1294 (M.D. Ala. 2002). “§ 22-22-1 et seq., and regulatory provisions promulgated thereunder.”

Alabama Dep't of Env't Mgmt. v. Friends of Hurricane Creek, 71 So. 3d 673 (Ala. Civ. App. 2011). · cites it 2× “Under Alabama law, the Department is the state agency primarily responsible for administering environmental legislation, *675 including the Alabama Water Pollution Control Act, Ala.Code 1975, § 22-22-1 et seq. See Ala.”

Alabama Deparment of Env't Mgmt.. v. Alabama Rivers All., Inc., 14 So. 3d 853 (Ala. Civ. App. 2007). · cites it 2× “In February 2001, TRI applied for such a permit to operate a surface coal mine in Tuscaloosa County adjacent to the North Fork of Hurricane Creek (“the North Fork”).”

United States v. Gulf States Steel, Inc., 54 F. Supp. 2d 1233 (N.D. Ala. 1999). “…*1238 for issuing NPDES permits in Alabama, pursuant to the Alabama Water Pollution Control Act (“AWPCA”), §§ 22-22-1, et seq. See §§ 22-22-9(g), § 22-22A-5(10), Ala.Code 1975; Ala.Admin.Code R. 335-6-6-.01. The holder of a state NPDES permit is subject to both…”

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