1. 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

2. ENROLLED, An Act,
Relating to the siting of solid waste management facilities; to amend Section , Code of Alabama 1975; to add Section 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.

3. 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

4. APPLICATION SUBMITTAL
Developer makes APPLICATION to Local Government
Check equal to 20% ADEM Fees ($16, 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

5. 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.

6. 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)

7. 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

8. 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.

9. 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

10. 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.

11. 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.

12. 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.

13. 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

14. 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.