HB406 Alabama 2011 Session

Summary

Primary Sponsor

Jeremy OdenAlabama Public Service Commission

Republican

Co-Sponsors

Paul W. LeeK.L. BrownElaine BeechGreg WrenPhil WilliamsSteve McMillanAlan BakerChad FincherJoe FaustHarry ShiverMike BallVictor GastonRandy DavisKurt Wallace

Session

Regular Session 2011

Title

Environmental Management Department, issuance of permits to certain solid waste landfills, 24-month moratorium on issuance, duties to Environmental Management Department and Health Department (2011-20385)

Summary

HB406 would pause issuing new public solid waste landfill permits in Alabama for 24 months to allow state agencies to review duties and update the solid waste plan, with a limited waiver process for urgent cases.

What This Bill Does

It bars ADEM and state/local agencies from granting new permits to new public solid waste landfills that would receive waste not generated by the permittee for 24 months after the act’s effective date. The moratorium is to let agencies review duties under the Solid Wastes and Recyclable Materials Management Act and update the state’s solid waste management plan, with a process to adopt any necessary legislation or rules. It also includes a formal waiver option that can allow a limited permit during the moratorium if a host government and the State Health Officer find a crisis and certify it through a public process.

Who It Affects

• State agencies (ADEM and the Alabama Department of Public Health), which must review duties, coordinate with health officials, and consider rulemaking or legislation and potential waivers during the moratorium.
• Public solid waste landfill developers and the local governments where proposed landfills would be located, as the moratorium restricts permits for facilities meeting certain size/capacity criteria, with a public-process waiver possible in limited cases (industrial landfills are not affected).

Key Provisions

• A 24-month moratorium on new public solid waste landfill permits for facilities that would receive waste not generated by the permittee.
• Not applicable to industrial landfills receiving in-state waste generated by the permittee.
• Applicability to facilities meeting thresholds: capacity over 1,500 tons/day; 2,000+ cubic yards/day; site of 500+ acres; combined with others within the same county/20 miles exceeding these thresholds; or capacity not anticipated in the local solid waste management plan.
• Waiver mechanism: Director may waive the moratorium for a facility upon a joint recommendation by the State Health Officer and host government, initiated by a public-resolution with notice; if certified as a threat to health or environment, a limited permit may be issued.
• Purpose of the moratorium: to review duties under the Solid Wastes and Recyclable Materials Management Act and to update the state’s comprehensive solid waste management plan.

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

Subjects

Environment