HB76 Alabama 2017 Session

Under existing law, a centralized waste treatment facility is required to receive a permit from the Alabama Department of Environmental Management (ADEM) and to post a performance bond or other financial assurance in an amount sufficient to close the facility if the owner or operator ceases proper operation, abandons the facility, or fails to properly maintain the facility. In addition, each facility is required to charge a fee of five percent of the costs of the facility to treat industrial waste, industrial wastewater, or other material. The proceeds of the fees are required to be maintained in a fund by ADEM to pay the costs of closing a facility under the similar conditions as provided for the forfeiture of the bond or other financial assurance

This bill would further specify the forfeiture of the bond or financial assurance and repeal the provisions for fees. The bill would also provide for the refund of fees collected prior to the enactment of this bill

To amend Sections 22-25C-1 and 22-25C-2 of the Code of Alabama 1975, relating to centralized waste treatment facilities permitted by the Department of Environmental Management (ADEM); to further provide for the bond or financial assurance required by ADEM from the owners or operators and to delete the requirements for additional fees based on the costs of the facility to treat waste and other material in the facility; and to provide for refunds of fees collected prior to the effective date of this act.