HB 328 SITING OF SOLID WASTE MANAGEMNT FACILITIES ACCA Annual Convention Orange Beach, Alabama August 23, 2017 By Randall J. Tindell, P.E. Coffee County Engineer

ENROLLED, An Act, Relating to the siting of solid waste management facilities; to amend Section 22-27-48, Code of Alabama 1975; to add Section 22-27-48.1 to the Code of Alabama 1975; to alter the approval process by a local governing body for the siting of a new solid waste management facility; to provide that an approval of a new facility by a local governing body would be reviewed by the circuit court; and to remove a requirement that a proposed new solid waste management facility or a modification of a permit for an existing facility be evaluated by a Regional Planning and Development Commission.

FLOW CHART Application Submittal Local Government Receives Application Time Zero Local Government Receives Application No more than 10 days Local Government Provides Public Notice No more than 45 Days No more than 14 days Applicant Holds Public Awareness Session 90 Days Applicant Provides Written Response to Input from Public 45 Days Local Government Holds Public Hearing 210 Days No more than 30 days Local Government Makes Determination 120 Days Application Disapproved Application Approved Assume 0 days Process Ends Or Starts Over Applicant Petitions Circuit Court 60 to 90 Days Circuit Court Issues Declaratory Judgment Circuit Court Concurs In Process Circuit Court Rejects Process Applicant and/or Government correct Problem & Resubmits to Circuit Court Applicant Submits Application to ADEM Process Ends Or Starts Over

APPLICATION SUBMITTAL Developer makes APPLICATION to Local Government Check equal to 20% ADEM Fees ($16,776.00 if it was today) Written documentation addressing “6 Criteria” Applicant’s experience owning and/or operating a Solid Waste Facility Applicant’s financial resources, investors, corporate affiliates Pending or past civil or criminal actions by a Governmental Entity against the Applicant, its owners, investors, or affiliates Other information Applicant wants to provide

CRITERIA “(1) The consistency of the proposal with the jurisdiction’s solid waste management need as identified in its plan; “(2) The relationship of the proposal to local planned or existing development or the absence thereof, to major transportation arteries and to existing state primary and secondary roads; “(3) The location of a proposed facility in relationship to existing industries in the state that generate large volumes of solid waste, or the relationship to the areas projected for development of industries that will generate solid waste; “(4) Costs and availability of public services, facilities and improvements required to support a proposed facility and protect public health, safety, and the environment; “(5) The impact of a proposed facility on public safety and provisions made to minimize the impact on public health and safety; and “(6) The social and economic impacts of a proposed facility on the affected community, including changes in property values, and social or community perception.

LOCAL GOVERNMENT RECEIVES APPLICATION Local Government must “formally receive” COMPLETE Application at next regularly scheduled meeting. This Formal Receipt starts a Public Comment Period. (The clock starts ticking)

LOCAL GOVERNMENT PROVIDES PUBLIC NOTICE All adjoining landowners of proposed site must receive notice by Certified Mail. General Public must receive notice as follows: Local newspaper once per week for two weeks Radio public service announcements Website, if available

NOTICE REQUIREMENTS NOTICE REQUIREMENTS A description of the process by which the application will be received and either approved or denied. The “6 CRITERIA” in which the local government shall consider. A contact person for additional information. Location where public many review the local government Solid Waste Management Plan, the Application, and the time frame of public hearings and public involvement. A description of how the public may submit written comments to the local government.

APPLICANT HOLDS PUBLIC AWARENESS SESSION Must provide Notice of Session at 30 days prior. Local government must approve time, date, and location of Session. Applicant publishes notice in local paper once per week for two weeks. Applicant runs ad on local radio. Applicant provides general information on design and operation of proposed facility. Applicant addresses questions and concerns voiced by the public. At least one representative of the local government shall attend Session. Note: All expenses are the responsibility of the Applicant

APPLICANT PROVIDES WRITTEN RESPONSE TO INPUT FROM PUBLIC 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.

LOCAL GOVERNMENT HOLDS PUBLIC HEARING Local government must provide Public Notice at least 30 days prior to date of hearing but no more than 45 days from hearing. Notice shall run in one newspaper of general circulation. Contents of notice shall be same as before. The Public Comment period ends with the conclusion of the Public Hearing.

LOCAL GOVERNMENT MAKES DETERMINATION Local government REVIEWS LOCAL Solid Waste Management Plan. Considers the “6 Criteria”. Considers input from public. Decides whether to approve or disapprove the siting of the facility. If disapproved, applicant may start over. It’s dead. If approved, local government grants approval of application.

APPLICANT PETITIONS CIRCUIT COURT Asks Court if local government complied with public comment requirements and time frames. Asks Court if local government’s approval of application is consistent with the local Solid Waste Management Plan. Asks Court if local government considered the “6 Criteria”. Note: All Court costs are the responsibility of the Applicant

CIRCUIT COURT ISSUES DECLARATORY JUDGEMENT If the Circuit Court determines that the local government met the requirements of the Statute, then the Applicant may seek approval of other regulatory authorities (ADEM). If the Circuit Court determines that the local government has not met the requirements of the Statute, then the local governing body or the applicant shall have the opportunity to correct the problem. The Circuit Court can extend the 60 days it has to make a declaration by 30 days, if necessary.