HB36 Alabama 2010 Session

Summary

Primary Sponsor

Thomas JacksonRepresentative

Democrat

Co-Sponsors

Harry ShiverAlan BakerSteve McMillan

Session

Regular Session 2010

Title

Solid waste, application filed with Environmental Management Department for new facility, local governing body approval, deemed denied if not approved within 180 days, Sec. 22-27-48 am'd.

Summary

HB36 would require local governments to affirmatively approve or deny new solid waste facility proposals within 180 days (or the proposal would be denied), and it adds public notice, fees, and regional consistency review requirements.

What This Bill Does

It changes the review period for new solid waste facility proposals from 90 days to 180 days, after which failure to act means denial. It requires local governments to consider specific factors (like plan consistency, development impact, transportation access, safety, costs, and social/economic effects) when approving proposals. It adds an application fee payable to the local government equal to 20% of the state department’s fee, and if a renewal after denial is pursued, a fee equal to 50% of the department’s fee applies. It requires public notice and at least one public hearing with details provided to the public, and after local approval, the applicant must obtain a consistency statement from the regional planning commission that assesses regional needs and capacity.

Who It Affects

• Local governing bodies (counties and municipalities) that approve or deny solid waste facility proposals; they must act within 180 days for new facilities and hold public hearings with notices.
• Applicants and developers proposing new solid waste facilities; they face new timing, fees, public notice, and the need for a regional consistency statement.
• Alabama Environmental Management Department; it cannot process new or modified permits for a facility without local government approval first.
• Regional planning and development commissions; they must issue a consistency statement evaluating regional solid waste needs and capacity.
• General public and interested parties; they receive mandatory public notices and have opportunities to provide comment at hearings.
• Industrial landfill operators for which plan requirements under this act do not apply.

Key Provisions

• For new facility proposals, local governing bodies must approve or deny within 180 days; failure to act within 180 days constitutes denial (90-day rule applies otherwise).
• Local approval is required before the department may consider new or modified permits for a facility; approvals must be based on listed factors such as plan consistency, development relationships, transportation access, capacity and costs, public health and safety, and social/economic impacts.
• An application fee payable to the local governing body equals 20% of the department's fee; renewed applications after denial within 18 months require a fee equal to 50% of the department's fee.
• Public notice and public hearings are required for new facility proposals, with notices published in newspapers and the official gazette, 30–45 days before the hearing, and documents must be available for public review.
• After local approval, a statement of consistency must be obtained from the regional planning and development commission, which evaluates the proposal against regional needs and capacity and identifies any excess capacity.
• Plans and procedures do not apply to industrial landfills that receive wastes generated on site or by the permittee, and certain permit modifications (like liner changes, waste stream changes within the service area, and technology changes to comply with law) do not require local review.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Environmental Management Department