SB96 Alabama 2010 Session

Summary

Primary Sponsor

Wendell Mitchell

Democrat

Co-Sponsor

George M. “Marc” Keahey

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

SB96 would require local governments to affirmatively approve new solid waste facility proposals within 180 days, or the proposal is denied.

What This Bill Does

The bill preserves a 90-day automatic approval for most proposals but requires a 180-day clock for new facilities with an affirmative decision. If no action occurs within 180 days for a new facility, the proposal is denied. It also adds public notice and public hearing requirements, a local application fee, and a requirement for a regional planning commission's statement of consistency; it limits local review for certain permit modifications and exempts some industrial landfills.

Who It Affects

• Local governing bodies (counties and municipalities) must approve or deny new solid waste facility proposals within 180 days and conduct public notices/hearings, or face deemed denial and increased scrutiny.
• Developers/owners of new solid waste facilities (and the state environmental department) are affected by the 180-day clock, fees, required public notices/hearings, the need for local plan consistency, and the regional commission review before permits can be issued.

Key Provisions

• Amends Section 22-27-48 to require affirmative approval of a new facility proposal within 180 days, or the proposal is deemed denied; a 90-day automatic approval remains for other proposals.
• Local governing bodies must provide public notice and hold at least one public hearing before deciding on new facility proposals, with notices 30-45 days prior and documents available for public inspection.
• Application filings for local approval must include a local fee equal to 20% of the department's fee; renewed applications denied within 18 months require a new fee equal to 50% of the department's fee.
• The local decision must consider six factors: plan consistency, development/transportation context, proximity to industries and waste generation, costs and public services, safety/health impacts, and social/economic effects.
• After local approval, applicants must obtain a 'statement of consistency' from the regional planning and development commission, which assesses regional need and capacity; a statement is not required for contracts only involving collection/transport.
• The plan review excludes industrial landfills that receive waste generated on site or by the permittee, and certain permit modifications (like liner/leachate design changes) do not require local review.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Environmental Management Department