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2024-2025 Op. Ala. Att'y Gen. 1 (2024-2025)

handle is hein.sag/sagal0332 and id is 1 raw text is: 





                                                              2025-001
                                     STATE OF ALABAMA
                            OFFICE OF THE ATTORNEY  GENERAL
sTEVE MARSHALL                                                             501 WASHINGTON AVENUE
ATTORNEY GENERAL                                                           MONTGOMERY, AL 361300152
                                                                              (334)242,7300
                                                                              ALABAMAAG.GOV
                                     October 17, 2024

           Honorable Benjamin S. Goldman
           Attorney
           City of Lake View
           1801 5th Avenue North, Suite 400
           Birmingham, AL  35203

                                             Municipalities - Franchises - Sewers
                                             -   Private Property  -   Jefferson
                                             County

                                             The   granting   of   a  municipal
                                             franchise  is not  required  for  a
                                             private   sewage   collection  and
                                             treatment system that is not located
                                             within public rights-of-way, streets,
                                             or on other public property.

                                             Whether  the operator of  a private
                                             sewage   collection and   treatment
                                             system can  construct such a system
                                             on a particular piece of property will
                                             depend  primarily  on the  type  of
                                             system being  proposed and whether
                                             it meets the standards established by
                                             the    Alabama    Department     of
                                             Environmental          Management
                                             (ADEM)   or  Alabama  Department
                                             of  Public  Health  (ADPH), as
                                             applicable.  The operator will also
                                             need  to  comply   with  any  local
                                             zoning regulations which apply.

           Dear Mr. Goldman:

                 This opinion of the Attorney General is issued in response to your
           request on behalf of the City of Lake View (City).

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