§ 22-30-5.1 — Restriction on Number of Commercial Hazardous Waste Treatment Facilities or Disposal Sites Per County; Legislative Approval of Sites

Alabama § 22-30-5.1

• Jurisdiction: Alabama
• Title 22: Health, Mental Health, and Environmental Control
• Ch. 30: Hazardous Wastes Management

Text

(a) The term “hazardous waste” shall mean the same as defined by Section 22-30-3(5).
(b) Committee shall mean the continuing Select Joint Nuclear Energy Activities and Hazardous Chemical Toxic Waste Oversight Committee as created by Act No. 81-307, H.J.R. 254 (p. 392), as amended by Act No. 84-329, S.J.R. 214 (pp. 754-755).
(c) There shall be no more than one commercial hazardous waste treatment facility or disposal site as defined by subdivisions (4) and (14) of Section 22-30-3 situated within any one county of the state. Provided, however, no commercial hazardous waste treatment or disposal site not in existence on or before December 31, 1988, shall be situated until: (1) a written proposal or application addressing the items found in subdivisions (d)(1) through (d)(7) of this section is submitted by the applicant wishing to construct such facility for review to the Select Joint Nuclear Activities and Hazardous Chemical Toxic Waste Oversight Committee, and; (2) said committee, upon due consideration of said application, presents to both houses of the Legislature its written report and recommendations regarding the proposed siting or construction of said facility, and; (3) the Legislature thereafter gives approval therefor by joint resolution.
Provided, however, legislative approval shall not be required for industries with on site treatment, storage, and disposal of their own hazardous wastes.
(d) In determining whether to recommend approval to the proposed siting or construction of a commercial hazardous waste treatment facility or disposal site, the committee shall consider and include in its written report to the Legislature an evaluation of the following criteria:
(1) The social and economic impacts of the proposed facility on the affected community, including changes in property values, community perception, and other costs;
(2) Costs and availabilities of public services, facilities, and improvements required to support the facility and protect public health, safety and the environment;
(3) The relationship of the proposed facility to local planning and existing development to major transportation arteries, to existing state primary and secondary roads and to the hydrology of the area;
(4) The location of the proposed facility in relationship to existing industries in the state that generate large volumes of hazardous waste and to the areas projected for development of industries that will generate hazardous waste so as to minimize the transportation distance between the major generators of hazardous waste and the proposed facility. The Alabama Department of Environmental Management and the Alabama Department of Economic and Community Affairs and other appropriate state agencies shall provide the committee with data concerning said existing and projected areas of hazardous waste generation in the state;
(5) The impact of the proposed facility on public safety and provisions made to minimize the risk to public health and safety;
(6) The consistency of the proposed facility with the state’s hazardous waste management needs;
(7) The need for additional hazardous waste facilities.
(e) The committee’s written report shall be prepared and submitted to both houses of the Legislature in accordance with the committee’s standard rules of procedure for transacting business.

Legislative History

(Acts 1981, 3rd Ex. Sess., No. 81-1189, p. 523, §§1, 2; Acts 1988, No. 88-266, p. 422, §2.)