SB231INTRODUCED
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SB231
I332K66-1
By Senator Allen
RFD: Transportation and Energy
First Read: 06-Mar-25
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5 I332K66-1 03/06/2025 CMH (L)bm 2025-964
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First Read: 06-Mar-25
SYNOPSIS:
Under existing law, certain privately owned
sewer and wastewater systems are exempt from the
regulatory jurisdiction of the Public Service
Commission.
This bill would subject privately owned sewer
and wastewater systems of a certain size to the
regulatory jurisdiction of the Public Service
Commission regardless of the method of disposal.
A BILL
TO BE ENTITLED
AN ACT
Relating to utilities; to amend Section 22-25B-1, Code
of Alabama 1975, to subject certain privately owned sewer and
wastewater systems of a certain size to the regulation and
jurisdiction of the Alabama Public Service Commission.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 22-25B-1 of the Code of Alabama
1975, is amended to read as follows:
"ยง22-25B-1
For purposes of this chapter, the following terms shall
have the following meanings unless the context clearly
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have the following meanings unless the context clearly
indicates otherwise:
(1) ADEM. The Alabama Department of Environmental
Management.
(2) ADPH. The Alabama Department of Public Health.
(3) CERTIFICATE OF ECONOMIC VIABILITY. The
certification by the commission of the financial viability of
a wastewater management entity's financial viability pursuant
to this chapter.
(4) CLUSTER WASTEWATER SYSTEM. An integrated wastewater
collection system or treatment system, or both, or multiple
systems serving a single development or contiguous
developments, which collectively have a design flow of 15,000
5,000 GPD or less, and is designed and permitted for discharge
of the treated wastewater to a subsurface distribution system,
but excluding systems that discharge directly to surface
waters of the state. The system must be designed by and
certified by a licensed professional engineer to comply with
design and permit requirements established by the ADPH. The
term does not include a small-flow cluster system.
(5) COMMISSION or PSC. The Alabama Public Service
Commission.
(6) COMMUNITY WASTEWATER SYSTEMS. An integrated
wastewater collection system or treatment system, or both, or
multiple systems serving a single development or contiguous
developments or non-contiguous customers , which collectively
have a design flow of more than 15,000 5,000 GPD, and is
designed and permitted for discharge of the treated wastewater
to a subsurface distribution system, but the term specifically
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to a subsurface distribution system, but the term specifically
excludes systems that discharge directly to surface waters of
the state. The system must be designed and certified by a
licensed professional engineer to comply with the applicable
design and permit requirements established by ADEM or ADPH.
(7) CUSTOMER. A person, business, or other entity,
public or private, that is connected or eligible for
connection to a certified wastewater management entity's
wastewater system upon proper payment of cost and fees and is
subject to rates approved by the commission.
(8) DEPARTMENT. ADEM or ADPH as their jurisdiction is
applicable according to the terms of this chapter.
(9) DESIGN FLOW. The average daily flow that the
wastewater system will treat with appropriate consideration
given to maximum flow periods, equalization, and organic
loading. Flow from the same subdivision or contiguous
subdivisions or non-contiguous customers developed as a common
group of wastewater systems, shall be combined as one flow,
even if from separate systems, for the purpose of determining
whether ADEM or ADPH will permit the system.
(10) DRAFT PERMIT. A preliminary permit issued by the
department setting forth the discharge and other requirements
which will be included in the final permit that may be issued
upon compliance with department rules.
(11) DWELLING. A house, manufactured/mobile home or
house trailer, shelter, structure, or building, or portion
thereof, that is or could reasonably be expected to be
occupied in whole or in part as the home, residence, or
sleeping place of one or more persons.
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sleeping place of one or more persons.
(12) EFFLUENT. Treated wastewater.
(13) ESTABLISHMENT. A facility other than a dwelling
that is or could reasonably be expected to generate wastewater
of similar composition as a dwelling and of similar strength
of or higher strength than a dwelling.
(14) GPD. Gallons per day.
(15) PSC. The Alabama Public Service Commission.
(16)(15) SMALL-FLOW CLUSTER SYSTEM. A wastewater system
serving four or fewer dwellings, apartment units, or other
establishments whether owned by a single person or multiple
persons, including individual single-user septic tank systems
but excluding systems that discharge directly to the waters of
the state.
(17)(16) WASTEWATER. Waterborne waste of similar
composition as may be found in the typical residence or
dwelling and sometimes referred to as sewage; but not to
include wastewater generated at an industrial nonresidential
site.
(18)(17) WASTEWATER MANAGEMENT ENTITY. An entity which
exercises sole responsibility for the operation and
maintenance of one or more cluster or community wastewater
systems.
(19)(18) WASTEWATER SYSTEM. An integrated specialized
technological process for the collection, treatment,
processing, disposal, discharge, and reuse of domestic
wastewater generated by multiple dwellings or establishments,
including single structures with multiple units, sometimes
referred to as a wastewater plant."
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referred to as a wastewater plant."
Section 2. This act shall become effective on October
1, 2025.
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