Alabama HB 176: Foundry wastes; Environmental Management Department required to adopt rules for beneficial reuse

Bill Text

2JV1AKS-1 01/21/2026 ZAK (H) HSE 2025-3590
House Economic Development and Tourism Reported
Substitute for HB176
Page 1
A BILL
TO BE ENTITLED
AN ACT
Relating to recycling; to amend Section 22-27-12, Code
of Alabama 1975, to require the Alabama Department of
Environmental Management to adopt rules providing for the
beneficial reuse of foundry sand; and to make nonsubstantive,
technical revisions to update the existing code language to
current style..
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 22-27-12, Code of Alabama 1975, is
amended to read as follows:
"§22-27-12
(a) The department may do the following:
(1) Adopt rules to implement this article.
(2)a. Adopt rules establishing requirements and
restrictions for the management of solid waste, excluding the
collection and transportation of nonhazardous and nonmedical
solid waste.
b. The rules may include factors such as the
characteristics of the solid waste, the potential for
contamination of soils or ground and surface waters, the
design and operation of management facilities, the financial
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2JV1AKS-1 01/21/2026 ZAK (H) HSE 2025-3590
House Economic Development and Tourism Reported
Substitute for HB176
Page 2
design and operation of management facilities, the financial
capabilities of the applicant, soil and geological
considerations, human health, and other environmental
considerations.
c. With respect to solid waste disposal or materials
recovery facilities, the rules may also include factors such
as the quantity, nature, and origin of solid wastes and
recovered materials to be managed.
(3) The department may condition Condition the issuance
of a permit for any solid waste management or materials
recovery facility upon the facility being consistent with
applicable rules as are necessary to carry out the intent of
this article and the department's responsibilities under this
article. Permits shall be issued for a period of time based on
design life of the a facility and may include renewal periods
as determined by rules and not inconsistent with federal law.
(3)(4) Issue permits, notices, and orders, specify the
terms and conditions of permits or notices, conduct
inspections, require that records be established and
maintained, direct the abatement of unauthorized dumps or
other public nuisances involving solid waste, and implement
the rules and standards adopted pursuant to this article.
(4)(5) Require postclosure activities be conducted in
accordance with the Alabama Uniform Environmental Covenants
Act and the corresponding rules developed adopted by the
department.
(5)(6) Require that solid waste management facilities
identify the volumes and types of solid waste to be managed
and the counties and state where such the solid waste will be
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2JV1AKS-1 01/21/2026 ZAK (H) HSE 2025-3590
House Economic Development and Tourism Reported
Substitute for HB176
Page 3
and the counties and state where such the solid waste will be
generated.
(6)(7) Enter upon, during reasonable hours, all solid
waste management and materials recovery facilities owned and
operated by persons subject to this chapter to inspect,
investigate, obtain samples, monitor, or observe the transfer,
treatment, storage, or disposal of solid waste and recovered
materials, and to examine or copy records to determine
compliance with this article and the rules promulgated adopted
under this article.
(7)(8) No later than April 15, 2010, require Require
that operators of all public solid waste management facilities
be certified. The department shall, by rule or regulation,
shall establish qualifications for certification programs, to
include including variance procedures for existing programs
which that meet the qualifications and while taking into
account the types of solid waste management facilities.
(8)(9) Promote, initiate, conduct, and support
research, demonstration projects, and investigations and
participate in all state agency research programs pertaining
to solid waste handling, disposal, materials recovery, and
energy recovery systems.
(9)(10) Promulgate Adopt rules to ban certain wastes
from landfilling or incineration in order to protect the
public health and environment and to promote recycling.
(10)(11) Regulate the management, including collection
and transportation, of all medical waste, until such time as
the United States Environmental Protection Agency may
establish establishes specific rules which that are applicable
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2JV1AKS-1 01/21/2026 ZAK (H) HSE 2025-3590
House Economic Development and Tourism Reported
Substitute for HB176
Page 4
establish establishes specific rules which that are applicable
within the state for infectious waste under Subtitle C of the
federal Resource Conservation and Recovery Act of 1976, 42
U.S.C. §690