Perry County and its municipalities must follow specified local-review steps for solid-waste site approvals, and they may not judge state or federal technical standards for a proposed facility.
(a) This section shall be deemed supplemental to the general laws of this state regarding local plans for the proper management of solid wastes generated within Perry County, including municipalities located in Perry County. (b)(1) For the purposes of this section, each municipal government within Perry County shall have jurisdiction within the designated municipal corporate limits of the respective municipality, and Perry County shall have jurisdiction outside of designated municipal corporate limits. (2) In determining whether to grant or deny local approval of a proposed issuance of or modification of a new or existing solid waste management site, the governing body of Perry County, or any municipality within Perry County, in its best judgment, shall consider the regional planning and development commission’s statement of consistency, as well as other consideration set forth in Section 22-27-48. (3) Neither the governing body of Perry County, nor any municipality located in Perry County, shall consider or make any determination regarding whether a proposed solid waste facility meets appropriate geological, environmental, design, or other scientific or engineering standards established by federal or state agencies charged with approving, permitting, or monitoring a solid waste disposal site. (4) Once local approval has been granted by the affected local governing body for solid waste services within its jurisdiction, it shall remain valid unless the permit application is withdrawn from or the permit is denied by the Alabama Department of Environmental Management. (5) Prior to local review and approval of any proposal regarding services or activities described in the local solid waste management plan, the applicant shall obtain a statement of consistency from the regional planning and development commission. The local governing body shall evaluate the proposal using the provisions of the current regional solid waste management needs assessment. In particular, the local governing body shall evaluate the proposal as it relates to available existing capacity within the region and the projected lifetime of such capacity. The evaluation shall also identify any proposed capacity which is in excess of expected regional needs. (6) No statement of consistency shall be required for contracts exclusively for the collection or transportation of solid wastes; nor shall a statement be required for contracts exclusively for the processing, recycling, or conversion to usable byproducts of not less than 70 percent of the solid waste which is the subject of the contract.