SB259 Alabama 2017 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2017

Title

Solidwaste, new municipal solidwaste facilities, approval process by local governing body revised, Sec. 22-27-48.1 added; Sec. 22-27-48 am'd.

Summary

SB259 would change how Alabama approves new solid waste facilities by moving siting decisions to local governments with circuit court review and adding a detailed public process.

What This Bill Does

The bill creates a new local siting approval process (Section 22-27-48.1) that requires the local governing body to approve or disapprove the siting of a new solid waste facility. If the local body approves, the decision is reviewed by the circuit court to check for proper public notice, timely processing, and consistency with the local solid waste plan. It also requires the regional planning and development commission to issue a statement of consistency after local approval, evaluating regional capacity and needs. The process includes specific public notices, a public awareness session, public hearings, and defined timelines, and adds application fees and renewal fees for local approval.

Who It Affects

• Local governing bodies (counties or municipalities) must administer the new siting approval process, hold public notices and hearings, make a decision within set timeframes, and face circuit court review of their approval.
• Applicants seeking to site a new solid waste facility must submit comprehensive information (including criteria, experience, finances, and any legal actions), participate in public awareness sessions and hearings, pay local and renewal fees, and may be subject to circuit court review after local approval.

Key Provisions

• Adds Section 22-27-48.1 establishing a local government siting approval process for new solid waste facilities, to be followed before the state department can consider permits.
• Local governing body must decide to approve or disapprove the siting of a new facility; such decision is subject to circuit court review for compliance with public notice, timing, and consistency with the local solid waste management plan.
• Applicants must submit a complete package including criteria addressed, prior experience, financial resources, any civil/criminal actions, and any other relevant information; after submission, formal receipt occurs at the next regular meeting with public comment to begin.
• Public notice requirements include notices to adjacent property owners via certified mail and broad public notices through newspapers, radio, and website postings; public awareness session must occur within 45 days of receipt, with notices published at least 30 days prior.
• Public hearings must be held within 45 days after the public awareness session, with written comments open until the last hearing date.
• The local governing body must make a final decision within 30 days after the hearings; a denial allows reapplication.
• If the local body approves, the applicant must petition the circuit court for a determination on compliance and consistency; the court must issue a ruling within 60 days (extendable by 30 days).
• The circuit court’s declaratory judgment can authorize or reject the local approval; if rejected, the local body may allow mitigation with a total response time not exceeding 90 days.
• Not applicable to industrial facilities receiving wastes generated on site or by the permittee; not all RPDC involvement is eliminated, as a statement of consistency is still required for many proposals (with exemptions for certain waste collection/transport contracts).
• The bill clarifies fee structure, including 20 percent of the department’s permit fee for local approval and 50 percent of the permit fee if a renewed application is filed within 18 months of denial.

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

Subjects

Solid Waste