1 SB56
2 208319-2
3 By Senator Melson
4 RFD: Governmental Affairs
5 First Read: 02-FEB-21
6 PFD: 01/20/2021
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1 SB56
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3
4 ENROLLED, An Act,
5 Relating to solid waste; to amend Section 22-27-5 of
6 the Code of Alabama 1975, authorizing counties and
7 municipalities to provide solid waste services to the public
8 and to charge and collect fees for the services; to authorize
9 a county or municipality operating or providing a solid waste
10 program to expend certain excess amounts in any solid waste
11 reserve account for purposes in the best interest of the
12 county or municipality.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14 Section 1. Section 22-27-5 of the Code of Alabama
15 1975, is amended to read as follows:
16 "22-27-5.
17 "(a) Fees, etc.; mutual agreements or contracts. The
18 county commission or municipality undertaking the
19 responsibility for providing services to the public under this
20 article may establish fees, charges, and rates and may collect
21 and disburse funds within cooperating areas or districts,
22 inside or outside the corporate limits of municipalities or
23 inside or outside of county boundaries, for the specific
24 purpose of administering this article and providing and
25 operating a solid waste program. Also, said the county
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1 commission or public authority may enter into mutual
2 agreements or contracts with the government bodies of other
3 counties, municipalities, corporations, or individuals, where
4 deemed to be mutually economical and feasible, to jointly or
5 individually collect, haul, and/or dispose of solid wastes
6 generated within the cooperating area. All contracts or mutual
7 agreements under this article shall be subject to review by
8 the health officer, and all such contracts and agreements
9 shall be subject to cancellation upon 30 days' notice from
10 said the health officer with the concurrence of the
11 department, any time said the contracts or agreements fail to
12 be in the best interest of the health, safety, and welfare of
13 the citizens residing in the affected area.
14 "(b) Private or corporate agencies. Individuals,
15 corporations, partnerships or other agencies engaging in the
16 collection and disposal of solid wastes are subject to this
17 article. Governing bodies may assign territories, approve, or
18 disapprove disposal sites, with the concurrence of the health
19 department, and shall establish and collect annual license
20 fees from such firms and set rate schedules if a service fee
21 is charged. In addition to any other approvals which are
22 necessary for any contract between private or corporate
23 agencies and governmental entities for the disposal of solid
24 wastes, approval of the department shall be obtained.
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1 "(c) Permits and bonds. Under subsection (b) of this
2 section, no license shall be granted or fee collected without
3 a permit issued by the state or county health department,
4 renewable annually at the time licenses are due. Such permit
5 shall be based upon performance and may be revoked for cause,
6 including failure to perform under the provisions of this
7 article and regulations adopted under authority of this
8 article. No license shall be granted without the posting of a
9 performance bond satisfactory to the governing body. All solid
10 waste disposal sites except those which have certificates of
11 exception shall have a permit from the department.
12 "(d) Financial assurance. No permit for
13 transportation of garbage by out-of-state transporters, for
14 disposal of such garbage in a sanitary landfill in this state,
15 shall be issued unless financial assurance is posted by such
16 transporter with the health department.
17 "The financial assurance shall be in an amount not
18 less than two hundred fifty thousand dollars ($250,000) and
19 must guarantee that such garbage does not contain any
20 regulated hazardous waste, infectious waste, or explosive
21 materials or debris. The financial assurance shall be provided
22 in accordance with acceptable financial assurance instruments
23 which include, but are not limited to, an escrow account,
24 performance bond, or letter of credit. The health department
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1 shall promulgate adopt regulations specifying the terms and
2 conditions of financial assurance instruments, as appropriate.
3 "(e) Nonpayment of fees, etc. Any county commission
4 or municipality establishing fees, charges, and rates pursuant
5 to subsection (a) of this section shall have the power and
6 authority to adopt resolutions or ordinances providing that if
7 the fees, charges, or rates for the services furnished by the
8 county commission or municipality, or licensee of either,
9 under the provisions of said this chapter, shall not be paid
10 within 30 days after the same shall become due and payable,
11 such the county commission or municipality may, at the
12 expiration of such the 30-day period, suspend such services or
13 may proceed to recover the amount of any such delinquency with
14 interest in a civil action, or both.
15 "(f) Notwithstanding the provisions of subsection
16 (a), any county or municipality that is providing solid waste
17 services under this article that has a solid waste reserve
18 account in excess of one million dollars ($1,000,000) may
19 expend excess amounts over one million dollars ($1,000,000) in
20 the solid waste reserve account for any lawful purposes in the
21 best interest of the county or municipality."
22 Section 2. This act shall become effective on the
23 first day of the third month following its passage and
24 approval by the Governor, or its otherwise becoming law.
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1
2
3
4 President and Presiding Officer of the Senate
5
6 Speaker of the House of Representatives
7 SB56
8 Senate 09-FEB-21
9 I hereby certify that the within Act originated in and passed
10 the Senate.
11
12 Patrick Harris,
13 Secretary.
14
15
16
17 House of Representatives
18 Passed: 27-APR-21
19
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21 By: Senator Melson
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Statutes affected: Introduced: 22-27-5
Enrolled: 22-27-5