SB234 Alabama 2022 Session

Summary

Primary Sponsor

Greg AlbrittonSenator

Republican

Session

Regular Session 2022

Title

Solid waste management sites, local approval, Sec. 22-27-48 am'd.

Summary

SB234 shifts solid waste siting approval from the state to local governments, while the state agency (ADEM) handles the actual facility permits.

What This Bill Does

Local governments gain the authority to approve or disapprove new solid waste sites or modifications within their jurisdiction, based on their solid waste plan. ADEM may not issue or modify a permit for a facility unless the local approval has been obtained. The bill adds local application fees, public notice and hearing requirements, and specific criteria for local decision-making, with some exemptions for certain permit changes.

Who It Affects

• Local governing bodies (counties and municipalities): gain power to approve/disapprove new or modified solid waste sites and must apply the local plan criteria, fee rules, and public notice requirements.
• Solid waste facility applicants and the Alabama Department of Environmental Management: applicants must secure local approval before ADEM can issue a state permit; applicants pay local fees; ADEM remains responsible for issuing or denying the actual facility permit and must consider local approvals in its process.

Key Provisions

• Local governing bodies may approve or disapprove disposal sites in their jurisdiction in accordance with the local solid waste management plan; approvals occur before other required permit actions.
• ADEM may not consider a permit application for a new facility or a modified permit unless the local governing body has approved the site.
• Local decision criteria include: consistency with the local plan, impact on development and transportation, location relative to industries generating waste, costs and availability of public services, impact on public health and safety, and social/economic effects.
• Local approval requires an application fee equal to 20 percent of the state's permit fee; renewals denied within 18 months require a 50 percent fee; some permit modifications are exempt from local review (e.g., changes to liner/leachate systems, waste streams, sequencing, new technologies, and compliance-related changes).
• Public notice and at least one public hearing are required for modifications, with published notices and information available to the public.
• Local decisions on modifications must be made within 90 days of receipt; if the local body does not act within 90 days, the proposal is considered approved.
• New site siting decisions follow related state procedures (Section 27-22-48.1).
• The bill includes nonsubstantive, technical updates to align with current style and does not apply to certain on-site industrial facilities or to applications prior to May 25, 2017.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Solid Waste Management