§ 22-27-48.1 — Approval Process by Local Governing Body for Siting of New Solid Waste Management Facility

Alabama § 22-27-48.1

• Jurisdiction: Alabama
• Title 22: Health, Mental Health, and Environmental Control
• Ch. 27: Solid Waste
• Art. 3: Solid Waste Management Plan

Text

(a) This section applies to the siting of any new solid waste management facility, as defined in Section 22-27-2.
(b) The governing body of a county or municipality shall make a discretionary decision to approve or disapprove the siting of a new solid waste management facility in accordance with this section.
(c) Any person or entity seeking approval from the governing body of a county or municipality for the siting of a new solid waste management facility shall also submit to the governing body as part of its application, the application fee required under subsection (d) of Section 22-27-48 and all of the following information:
(1) A written document addressing each of the criteria described in subsection (c) of Section 22-27-48.
(2) The applicant’s experience of owning or operating other solid waste facilities.
(3) Information relating to the applicant’s financial resources, including, but not limited to, any investors or corporate affiliates of the applicant.
(4) Any pending and past civil or criminal actions taken by a governmental entity against the applicant or its owners or operators, investors, or affiliates.
(5) Any other information the applicant deems relevant or that may assist the governing body in making a decision whether to approve or disapprove the application.
(d) After an applicant has submitted a complete application, including the items required in subsection (c), to the governing body of a county or municipality in which the proposed facility is to be located, the local governing body shall formally receive the application at its next regularly scheduled meeting. At this time, the public comment period begins.
(e)(1) Not more than 10 days after the formal receipt of an application, the local governing body, at the expense of the applicant, shall provide the following notice that an application for local approval of a new solid waste management facility has been received:
a. Notice to each owner whose property is adjacent to a proposed site, sent by certified mail.
b. Notice to the general public provided by all of the following means:
1. Publishing a notice in a newspaper having general circulation, if one exists, within the affected community one day per week for a two-week period.
2. Broadcasting public service announcements submitted to a radio station that has general broadcast coverage within the affected community.
3. Displaying a notice on the local governing body’s website, if available.
(2) Any printed notice by letter, newspaper, or electronically on a website, shall contain at a minimum the following:
a. A description of the application and approval process as provided in this chapter.
b. A description of the criteria the governing body will consider, as provided in subsection (c) of Section 22-27-48, in determining whether to approve or disapprove the site.
c. A contact person from whom interested persons can obtain additional information and can review copies of both the local solid waste management plan and the application.
d. A description of the location where interested persons can obtain or can review copies of both the local solid waste management plan and the application, and the time frame for public hearings and involvement.
e. A description of how the public may submit written comments to the governing body.
(f)(1) Not more than 45 days after the local governing body formally receives an application, the applicant shall conduct a public awareness session in the county or municipality in which the proposed facility is to be located, during which the applicant shall provide general information on the design and operation of the proposed facility and address questions and concerns voiced by members of the affected community. The time, date, and location of the public awareness session must be approved by the local governing body. The applicant, at its own expense, shall provide notice of the public awareness session by both printed and broadcast media beginning at least 30 days prior to the session. Printed notification shall include publication in at least one newspaper having general circulation within the affected community one day per week for a two-week period. Broadcast notification shall include public service announcements on a radio station that has general broadcast coverage within the affected community. At least one representative of the local governing body shall attend each public awareness session. If any written comment or question germane to the proposed application is submitted to the applicant at the public awareness session, the applicant shall respond if practicable, in writing within 14 days to the member of the public with a copy provided to the local governing body.
(2) The applicant is solely responsible for carrying out the requirements of subdivision (1). A public awareness session is independent of and separate from a public hearing.
(g) Not more than 45 days after the date of the public awareness session, the local governing body shall hold at least one public hearing. Notice of the time and place of any public hearing shall be given by publication in at least one newspaper of general circulation within the affected community at least 30 days, but not more than 45 days, prior to the proposed date of the hearing. Content of the notice shall be consistent with the notice requirements in subsection (e). All pertinent documents shall be available for inspection during normal business hours at a location readily accessible to the public. The public may submit written comments to the local governing body at any time up to the conclusion of the last public hearing.
(h) The local governing body shall have 30 days after the public hearing to complete its review of the local solid waste management plan and, giving consideration to the criteria provided in subsection (c) of Section 22-27-48, to public input, and to other information gathered from the applicant pursuant to subsection (c), shall make a decision to approve or disapprove the siting of a new solid waste management facility. If disapproved by the governing body, the applicant may submit a new application under subsection (c).
(i) After the local governing body has granted approval of the application, the applicant shall petition the appropriate circuit court pursuant to Rule 57 of the Alabama Rules of Civil Procedure for a determination of each of the following:
(1) Whether the local governing body complied with the public comment requirements and time frames required under this section.
(2) Whether the local governing body’s approval of the application is consistent with the local solid waste management plan in place pursuant to Section 22-27-47.
(3) Whether the local governing body considered the criteria provided in subsection (c) of Section 22-27-48 as presented to the body by the applicant in its application pursuant to subdivision (c)(1).
(j) The applicant shall bear all court costs, and his or her own legal expenses, relating to the filing of the petition under subsection (i).
(k) Unless the court with which a petition is filed needs additional information from the local governing body, the court shall issue a ruling not more than 60 days after the initial petition is filed; provided, however, the court may extend this date not more than 30 additional days if the court seeks additional information from the governing body.
(l) If the circuit court issues a declaratory judgment determining that the local governing body met the criteria set out in subsection (i), the applicant may seek approval by other regulatory authorities as required by law. If the circuit court issues a declaratory judgment determining that the criteria set out in subsection (i) has not been met, the matter shall be remanded to the local governing body for further consideration consistent with the requirements of this section. The local governing body or applicant shall be afforded the opportunity to mitigate any discrepancies the court finds, provided the period during which the governing body or applicant must respond may not extend more than 90 days.
(m) This section shall not apply to industrial facilities receiving wastes generated on site only or by the permittee.

Legislative History

(Act 2017-366, §2.)