HB475 Alabama 2014 Session

Summary

Primary Sponsor

Jim CarnsRepresentative

Republican

Session

Regular Session 2014

Title

Municipalities, regulate separate storm sewer system, Secs. 11-89C-1, 11-89C-2, 11-89C-4, 11-89C-9, 11-89C-10 am'd.

Summary

HB475 would let counties and municipalities participate in intercooperative public corporations to run storm water programs for MS4 discharges, limit local program scope, and shift permitting/enforcement toward ADEM with new funding and governance rules.

What This Bill Does

The bill authorizes local governing bodies to form public corporations to implement storm water laws related to municipal separate storm sewer systems (MS4). It narrows local storm water programs to only sites discharging into MS4 and requires reliance on ADEM for permitting and enforcement to avoid double regulation, while recognizing EPA’s maximum extent practicable standard. It creates a detailed funding/fee system (with caps and collection methods) and a governance structure for the public corporations, including board composition and enforcement powers. It also requires ADEM to update regulations to align with the amendments and sets timelines for compliance by local governments and corporations.

Who It Affects

• Governing bodies of counties and municipalities designated under 40 C.F.R. Part 122 (and any public corporations they form) would gain new authority to create intercooperative public corporations, set up governance, levy fees, and enforce storm water rules.
• Landowners and property owners (residential and commercial) would be subject to new fees/assessments for storm water funding, with specific caps and collection methods, and would be affected by enforcement rules and potential penalties.

Key Provisions

• Authorizes governing bodies to establish intercooperative public corporations to implement storm water laws and manage discharges into municipal separate storm sewers.
• Limits the substantive scope of local storm water programs to sites discharging into MS4 and requires adherence to EPA/NPDES standards with no extra requirements beyond those.
• Acknowledges EPA's 'maximum extent practicable' standard for MS4 programs and requires local programs to rely primarily on ADEM for permitting and enforcement of ADEM NPDES sites.
• Defines fees/charges that local governments/public corporations may levy, including up to $10 annual flat fee for residential property and up to $0.0005 per square foot for commercial property (capped at $3,000/year), with exemptions for entities regulated by PSC, greenfields, and agricultural land; allows incentives for pollution-reducing actions.
• Specifies collection methods via tax assessors/collectors, creates liens on property, and provides county-level commissions and state-level handling of fee processing (5% to Department of Revenue, 95% to ADEM).
• Creates governance for public corporations (board of directors with representation from member governing bodies; an executive committee; salaries limited to expenses) and broad powers to contract, own property, sue/be sued, and enforce rules.
• Exempts discharges from lands/facilities under PSC jurisdiction from local storm water regulation and assigns exclusive regulation to ADEM.
• Requires ADEM to revise regulations within 365 days and align NPDES permits; governing bodies and existing public corporations must comply within 90 days after ADEM completes obligations.
• Allows enforcement through ordinances/resolutions, civil actions, and penalties; provides immunity for certain actions performed by appointed officers/employees during regulatory duties.

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

Subjects

Municipalities