Alabama 2022 Regular Session

Alabama Senate Bill SB131 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 SB131
2	2	2 216494-2
3	3	3 By Senator Allen
4	4	4 RFD: Transportation and Energy
5	5	5 First Read: 01-FEB-22
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7	7	Page 0 1 216494-2:n:01/25/2022:FC/ma LSA2022-212R1
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14	14	8 SYNOPSIS: Under existing law, the Solid Waste and
15	15	9 Recyclable Materials Management Act regulates the
16	16	10 disposal and recycling of solid waste and
17	17	11 recyclable materials.
18	18	12 This bill would define advanced recycling as
19	19	13 a manufacturing process to convert post-use
20	20	14 materials such as plastics into basic hydrocarbon
21	21	15 raw materials.
22	22	16 This bill would also specify that advanced
23	23	17 recycling, which would process the materials,
24	24	18 including processing the materials through the use
25	25	19 of thermal energy, would not be considered solid
26	26	20 waste disposal or incineration under the solid
27	27	21 waste act.
28	28	22
29	29	23 A BILL
30	30	24 TO BE ENTITLED
31	31	25 AN ACT
32	32	26
33	33	Page 1 1 To amend Section 22-27-2 of the Code of Alabama
34	34	2 1975, the Solid Waste and Recyclable Materials Management Act;
35	35	3 to amend the definitions under the act; to define advanced
36	36	4 recycling and to specify that advanced recycling would not be
37	37	5 considered as solid waste disposal, solid waste processing,
38	38	6 solid waste management, or incineration.
39	39	7 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
40	40	8 Section 1. Section 22-27-2 of the Code of Alabama
41	41	9 1975, is amended to read as follows:
42	42	10 "§22-27-2.
43	43	11 "For the purpose of this article, the following
44	44	12 terms shall have the meanings respectively ascribed to them by
45	45	13 this section:
46	46	14 "(1) ADVANCED RECYCLING. A manufacturing process for
47	47	15 the conversion of post-use polymers and recovered feedstocks
48	48	16 into basic hydrocarbon raw materials, feedstocks, chemicals,
49	49	17 and other products like waxes and lubricants through processes
50	50	18 that include pyrolysis, gasification, depolymerization,
51	51	19 catalytic cracking, reforming, hydrogenation, solvolysis, and
52	52	20 other similar technologies. The recycled products produced at
53	53	21 advanced recycling facilities include, but are not limited to,
54	54	22 monomers, oligomers, plastics, plastics and chemical
55	55	23 feedstocks, basic and unfinished chemicals, waxes, lubricants,
56	56	24 coatings, and other basic hydrocarbons, which are returned to
57	57	25 economic utility in the form of raw materials and products.
58	58	26 "(2) ADVANCED RECYCLING FACILITY. A facility that
59	59	27 receives, stores, and converts post-use polymers and recovered
60	60	Page 2 1 feedstocks it receives using advanced recycling. An advanced
61	61	2 recycling facility is a manufacturing facility subject to
62	62	3 applicable department manufacturing regulations for air,
63	63	4 water, waste, and land use.
64	64	5 "(1)(3) AGENCY. Any controlling agency, public or
65	65	6 private, elected, appointed, or volunteer utilizing methods
66	66	7 approved by the health department or the department for the
67	67	8 purpose of controlling and supervising the collection or
68	68	9 management of solid wastes or recyclable materials.
69	69	10 "(2)(4) ALTERNATIVE COVER. Material other than earth
70	70	11 used to cover a landfill or sanitary landfill. An alternative
71	71	12 cover shall be approved by the Department of Environmental
72	72	13 Management in compliance with federal law and United States
73	73	14 Environmental Protection Agency rules or guidance to achieve a
74	74	15 level of performance equal to or greater than earthen cover
75	75	16 material.
76	76	17 "(3)(5) ASHES. The solid residue from burning of
77	77	18 wood, coal, coke, or other combustible material used for
78	78	19 heating, from incineration of solid wastes, or for the
79	79	20 production of electricity at electric generating plants.
80	80	21 "(4)(6) COAL COMBUSTION BY-PRODUCTS. Fly ash, bottom
81	81	22 ash, boiler slag, or flue gas emission control by-products
82	82	23 which result primarily from the combustion of coal or other
83	83	24 fossil fuels at electric generating plants.
84	84	25 "(5)(7) COMPOSTING OR COMPOST PLANT. An officially
85	85	26 controlled method or operation whereby putrescible solid
86	86	27 wastes are broken down through microbic action to a material
87	87	Page 3 1 offering no hazard or nuisance factors to public health or
88	88	2 well-being.
89	89	3 "(6)(8) DEPARTMENT. The Alabama Department of
90	90	4 Environmental Management.
91	91	5 "(7)(9) DIRECTOR. The Director of the Alabama
92	92	6 Department of Environmental Management or his or her designee.
93	93	7 "(8)(10) DISCHARGE. The accidental or intentional
94	94	8 spilling, leaking, pumping, emitting, emptying, or dumping of
95	95	9 solid waste, including leachate, into or on any land or water.
96	96	10 "(9)(11) DISPOSAL. The discharge, deposit,
97	97	11 injection, dumping, spilling, leaking, or placing of any solid
98	98	12 waste into or on any land or water so that the waste or any
99	99	13 constituent thereof may enter the environment or be emitted
100	100	14 into the air or discharged into any waters, including, but not
101	101	15 limited to, ground waters.
102	102	16 "(10)(12) FACILITY. All contiguous land, structures,
103	103	17 and other appurtenances used for the processing, treatment,
104	104	18 storage, or disposal of solid waste, or the recovery of
105	105	19 recyclable materials from solid waste, whether or not
106	106	20 authorized or permitted, including, but not limited to, waste
107	107	21 disposal areas and waste disposed therein.
108	108	22 "(11)(13) FINANCIAL ASSURANCE. A financial
109	109	23 arrangement by the owner or operator of a municipal solid
110	110	24 waste landfill which guarantees the availability of funds
111	111	25 which may be used to close, provide post-closure care, or
112	112	26 conduct corrective action at that facility if the owner or
113	113	27 operator fails to properly execute his or her responsibilities
114	114	Page 4 1 under this article and any rules adopted by the department for
115	115	2 closure, post-closure care, or corrective action and the terms
116	116	3 of any permit issued for operation of that facility.
117	117	4 "(12)(14) GARBAGE. Putrescible animal and vegetable
118	118	5 wastes resulting from the handling, preparation, cooking, and
119	119	6 consumption of food, including wastes from markets, storage
120	120	7 facilities, handling and sale of produce and other food
121	121	8 products and excepting such materials that may be serviced by
122	122	9 garbage grinders and handled as household sewage.
123	123	10 "(13)(15) GENERATION. The act or process of
124	124	11 producing solid waste. Solid waste shall be considered to be
125	125	12 generated at the point that waste materials are first
126	126	13 discarded or collected, regardless of any subsequent materials
127	127	14 recovery or recycling.
128	128	15 "(14)(16) HAZARDOUS WASTES. Those wastes defined in,
129	129	16 and regulated under, the Alabama Hazardous Waste Management
130	130	17 and Minimization Act of 1978, as amended.
131	131	18 "(15)(17) HEALTH DEPARTMENT. An approved county or
132	132	19 district health department, including the Alabama State
133	133	20 Department of Public Health and the affected state and county
134	134	21 health department.
135	135	22 "(16)(18) HEALTH OFFICER. The state or affected
136	136	23 county health officer or his or her designee.
137	137	24 "(17)(19) HOUSEHOLD WASTE. Any solid waste,
138	138	25 including, but not limited to, garbage, trash, and sanitary
139	139	26 waste in septic tanks derived from households, including
140	140	27 single and multiple residences, hotels and motels, bunkhouses,
141	141	Page 5 1 ranger stations, crew quarters, campgrounds, picnic grounds,
142	142	2 and day-use recreational areas. Sanitary waste in septic tanks
143	143	3 shall be considered as household waste only when it is
144	144	4 disposed in a landfill or unauthorized dump and its inclusion
145	145	5 as a household waste shall in no way prohibit or supersede the
146	146	6 authority of the board or the department to regulate onsite
147	147	7 sewage systems or the management of sanitary waste in septic
148	148	8 tanks.
149	149	9 "(18)(20) INCINERATOR. A device designed to burn
150	150	10 that portion of garbage and rubbish which will be consumed at
151	151	11 temperatures generally ranging 1,600 degrees Fahrenheit or
152	152	12 over. The unburned residue from an incinerator, including
153	153	13 metal, glass, and the like shall be called ashes.
154	154	14 "(19)(21) INDUSTRIAL SOLID WASTE. Solid waste
155	155	15 generated by manufacturing or industrial processes that is not
156	156	16 a hazardous waste regulated under Chapters 22 to 30,
157	157	17 inclusive, of this title.
158	158	18 "(20)(22) INNOCENT LANDOWNER. An owner of real
159	159	19 property upon which there is located an unauthorized dump and
160	160	20 who meets all of the following conditions:
161	161	21 "a. The solid waste was disposed of on the property
162	162	22 after the owner acquired title to the property or the waste
163	163	23 was disposed of before the owner acquired title to the
164	164	24 property and the owner lacked actual knowledge of the waste
165	165	25 after conducting reasonable due diligence or title was
166	166	26 acquired by bequest or devise.
167	167	Page 6 1 "b. The owner did not have knowledge that the waste
168	168	2 was being disposed of on the property or the owner took steps,
169	169	3 including, but not limited to, posting signs to prevent
170	170	4 disposal on the property.
171	171	5 "c. The owner did not participate in or consent to
172	172	6 the disposal of solid waste on the property.
173	173	7 "d. The owner did not receive any financial benefit
174	174	8 from the disposal of solid waste on the property.
175	175	9 "e. Title to the property was not transferred to the
176	176	10 owner for the purpose of evading liability for operating an
177	177	11 unauthorized dump.
178	178	12 "f. The person or persons responsible for disposing
179	179	13 of the solid waste on the property, in doing so, were not
180	180	14 acting as an agent for the owner.
181	181	15 "(21)(23) LANDFILL. A method of compaction and earth
182	182	16 or alternative cover of solid wastes other than those
183	183	17 containing garbage or other putrescible wastes, including, but
184	184	18 not limited to, tree limbs and stumps, demolition materials,
185	185	19 incinerator residues, and like materials not constituting a
186	186	20 health or nuisance hazard, where cover need not be applied on
187	187	21 a per day used basis.
188	188	22 "(22)(24) MATERIALS RECOVERY FACILITY. A solid waste
189	189	23 management facility that provides for the extraction from
190	190	24 solid waste of recyclable materials, materials suitable for
191	191	25 use as a fuel or soil amendment, or any combination of those
192	192	26 materials. A materials recovery facility shall be deemed to be
193	193	27 a solid waste treatment facility.
194	194	Page 7 1 "(23)(25) MEDICAL WASTE. A solid waste or
195	195	2 combination of solid wastes which because of its infectious
196	196	3 characteristics may either:
197	197	4 "a. Cause, or significantly contribute to, an
198	198	5 increase in mortality or an increase in serious irreversible
199	199	6 or incapacitating reversible illness.
200	200	7 "b. Pose a substantial present hazard or potential
201	201	8 hazard to human health or the environment when improperly
202	202	9 treated, stored, transported, disposed, or otherwise managed.
203	203	10 "(24)(26) MUNICIPAL SOLID WASTE LANDFILL. A discrete
204	204	11 area of land or an excavation that receives household waste
205	205	12 and that is not a land application unit, surface impoundment,
206	206	13 injection well, or waste pile. A municipal solid waste
207	207	14 landfill may also receive other types of solid wastes, such as
208	208	15 commercial solid waste, nonhazardous sludge, conditionally
209	209	16 exempt small quantity generator waste, industrial solid waste,
210	210	17 construction/demolition waste, and rubbish. A municipal solid
211	211	18 waste landfill is a sanitary landfill.
212	212	19 "(25)(27)PERSON. An individual, trust, firm, joint
213	213	20 stock company, corporation (including a government
214	214	21 corporation), partnership, agent, agency, association, state,
215	215	22 municipality, commission, political subdivision of a state, an
216	216	23 interstate body, or other private or public legal entity.
217	217	24 "(28) POST-USE POLYMER. A plastic polymer to which
218	218	25 all of the following apply:
219	219	26 "a. It is derived from any industrial, commercial,
220	220	27 agricultural, or household activities.
221	221	Page 8 1 "b. It is not mixed with solid waste or hazardous
222	222	2 waste onsite or during conversion at the advanced recycling
223	223	3 facility.
224	224	4 "c. The plastic's use or intended use is as a
225	225	5 feedstock for the manufacturing of feedstocks, other basic
226	226	6 hydrocarbons, raw materials, or other intermediate products or
227	227	7 final products using advanced recycling.
228	228	8 "d. The plastic has been sorted from solid waste and
229	229	9 other regulated waste, but may contain residual amounts of
230	230	10 solid waste, such as organic material and incidental
231	231	11 contaminants or impurities such as paper labels and metal
232	232	12 rings.
233	233	13 "e. The plastic is converted at an advanced
234	234	14 recycling facility or held at the facility prior to
235	235	15 conversion.
236	236	16 "(26)(29) PRIVATE SOLID WASTE MANAGEMENT FACILITY. A
237	237	17 solid waste management facility that is operated exclusively
238	238	18 by and for a private solid waste generator for the purpose of
239	239	19 accepting solid waste generated on-site onsite or by the
240	240	20 permittee.
241	241	21 "(27)(30) PUBLIC SOLID WASTE MANAGEMENT FACILITY. A
242	242	22 solid waste management facility that accepts solid waste from
243	243	23 the public generally or for a fee or any solid waste
244	244	24 management facility that is not a private solid waste
245	245	25 management facility.
246	246	Page 9 1 "(31) RECOVERED FEEDSTOCK. One or more of the
247	247	2 following materials that has been converted so that it may be
248	248	3 used as feedstock in an advanced recycling facility:
249	249	4 "a. Post-use polymers.
250	250	5 "b. Materials for which the United States
251	251	6 Environmental Protection Agency has made a nonwaste
252	252	7 determination under 40 C.F.R. 241.3(c) or has otherwise
253	253	8 determined are feedstocks and not solid waste.
254	254	9 "c. Recoverable feedstock does not include
255	255	10 unprocessed municipal solid waste.
256	256	11 "d. Recovered feedstock is not mixed with solid
257	257	12 waste or hazardous waste onsite or during conversion at an
258	258	13 advanced recycling facility.
259	259	14 "(28)(32) RECOVERED MATERIALS. Those materials which
260	260	15 have known recycling potential; which can be feasibly
261	261	16 recycled; which have been diverted or removed from the solid
262	262	17 waste stream for recycling, whether or not requiring
263	263	18 subsequent separation and processing; and which have a
264	264	19 substantial portion that is consistently used in the
265	265	20 manufacture of products which may otherwise be produced from
266	266	21 raw or virgin materials. Recovered materials shall not include
267	267	22 solvents or materials, except sawdust, bark, and paper
268	268	23 materials that are destined for incineration, energy recovery,
269	269	24 or any use which constitutes disposal. Recovered materials
270	270	25 shall only be those materials for which during the calendar
271	271	26 year, commencing on January 1, the amount of material recycled
272	272	27 or diverted from the solid waste stream for recycling and
273	273	Page 10 1 transferred to a different site for recycling equals at least
274	274	2 75 percent by weight or volume of the amount of that material
275	275	3 accumulated at the beginning of the period.
276	276	4 "(29)(33) RECOVERED MATERIALS PROCESSING FACILITY. A
277	277	5 facility primarily engaged in the storage, processing, and
278	278	6 resale or reuse of recovered materials. A recovered materials
279	279	7 processing facility is not a solid waste management facility;
280	280	8 however, any solid waste resulting from the operation of a
281	281	9 facility shall be subject to all applicable laws and
282	282	10 regulations relating to solid waste and shall be deemed to be
283	283	11 generated for purposes of reporting pursuant to solid waste
284	284	12 reduction goals, at the point of collection of the recovered
285	285	13 materials from which the solid waste resulted. A recovered
286	286	14 material processing facility shall provide notification to the
287	287	15 department according to rules adopted by the department.
288	288	16 "(30)(34) RECYCLABLE MATERIALS. Those materials
289	289	17 which are capable of being recycled, whether or not the
290	290	18 materials have been diverted or removed from the solid waste
291	291	19 stream.
292	292	20 "(31)(35) RECYCLING. Any process by which materials
293	293	21 are collected, separated, stored, recovered, or processed and
294	294	22 reused or returned to use in the form of raw materials or
295	295	23 products, but does not include the use of materials as a fuel,
296	296	24 or for any use which constitutes disposal.
297	297	25 "(32)(36) RUBBISH. Nonputrescible solid wastes,
298	298	26 excluding ashes, consisting of both combustible and
299	299	27 noncombustible wastes. Combustible rubbish includes paper,
300	300	Page 11 1 rags, cartons, wood, furniture, rubber, plastics, yard
301	301	2 trimmings, leaves, and similar materials. Noncombustible
302	302	3 rubbish includes glass, crockery, metal cans, metal furniture,
303	303	4 and like materials which will not burn at ordinary incinerator
304	304	5 temperatures, not less than 1,600 degrees Fahrenheit.
305	305	6 "(33)(37) SANITARY LANDFILL. A controlled area of
306	306	7 land upon which solid waste is deposited and is compacted and
307	307	8 covered with earth or an alternative cover each day as
308	308	9 deposited, with no on-site onsite burning of wastes, and so
309	309	10 located, contoured, and drained that it will not constitute a
310	310	11 source of water pollution as determined by the department.
311	311	12 "(34)(38) SOLID WASTE. Any garbage, rubbish,
312	312	13 construction or demolition debris, ash, or sludge from a waste
313	313	14 treatment facility, water supply plant, or air pollution
314	314	15 control facility, and any other discarded materials, including
315	315	16 solid, liquid, semisolid, or contained gaseous material
316	316	17 resulting from industrial, commercial, mining, or agricultural
317	317	18 operations or community activities, or materials intended for
318	318	19 or capable of recycling, but which have not been diverted or
319	319	20 removed from the solid waste stream. The term "solid waste"
320	320	21 does not include post-use polymers, recovered feedstock,
321	321	22 recovered materials, solid or dissolved materials in domestic
322	322	23 sewage, solid or dissolved material in irrigation return
323	323	24 flows, or industrial discharges which are point sources
324	324	25 subject to the National Pollutant Discharge Elimination System
325	325	26 permits under the Federal Water Pollution Control Act, as
326	326	27 amended, or the Alabama Waste Pollution Control Act, as
327	327	Page 12 1 amended; or source, special, nuclear, or by-product materials
328	328	2 as defined by the Atomic Energy Act of 1954, as amended. Also
329	329	3 excluded from this definition are land applications of crop
330	330	4 residues, animal manure, and ash resulting exclusively from
331	331	5 the combustion of wood during accepted agricultural
332	332	6 operations, waste from silvicultural operations, or refuse as
333	333	7 defined and regulated pursuant to the Alabama Surface Mining
334	334	8 Act of 1969, Article 1, commencing with Section 9-16-1, of
335	335	9 Chapter 16 of Title 9.
336	336	10 "(35)(39) SOLID WASTE DISPOSAL FACILITY. Any
337	337	11 landfill or part of a facility where final deposition of solid
338	338	12 waste occurs and at which waste may remain after closure.
339	339	13 "(36)(40) SOLID WASTE MANAGEMENT. The systematic
340	340	14 control of solid waste, including its storage, processing,
341	341	15 treatment, recovery of materials from solid waste, or
342	342	16 disposal, but does not include advanced recycling.
343	343	17 "(37)(41) SOLID WASTE MANAGEMENT FACILITY. Any solid
344	344	18 waste volume reduction plant, transfer station, material
345	345	19 recovery facility, or other facility, the purpose of which is
346	346	20 the storage, treatment, utilization, processing, disposal, or
347	347	21 recovery of materials from solid waste, or any combination
348	348	22 thereof, but does not include an advanced recycling facility.
349	349	23 "(38)(42) UNAUTHORIZED DUMP. Any collection of solid
350	350	24 wastes either dumped or caused to be dumped or placed on any
351	351	25 public or private property, whether or not regularly used, and
352	352	26 not having a permit from the department. Abandoned
353	353	27 automobiles, large appliances, or similar large items of solid
354	354	Page 13 1 waste shall be considered an unauthorized dump within the
355	355	2 meaning of this article. The careless littering of a
356	356	3 relatively few, smaller individual items such as tires,
357	357	4 bottles, cans, and the like shall not be considered an
358	358	5 unauthorized dump, unless the accumulation of solid waste
359	359	6 poses a threat to human health or the environment. An
360	360	7 unauthorized dump shall also mean any solid waste disposal
361	361	8 site which does not meet the regulatory provisions of this
362	362	9 article."
363	363	10 Section 2. This act shall become effective
364	364	11 immediately following its passage and approval by the
365	365	12 Governor, or its otherwise becoming law.
366	366	Page 14