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HB512 INTRODUCED
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HB512
XDYJXZ7-1
By Representative Wadsworth
RFD: County and Municipal Government
First Read: 26-Feb-26
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XDYJXZ7-1 02/24/2026 EGC (L)EGC 2026-821
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First Read: 26-Feb-26
SYNOPSIS:
Under existing law, the governing body of a
county or municipality may assess fees, charges, and
rates for the provision of solid waste services, and
the governing body may recover outstanding solid waste
utility fees, charges, and rates in a civil action,
suspend solid waste services, or both.
This bill would establish that the remedies
available to the governing body of a county or
municipality provided in the statute are the exclusive
remedie s for nonpayment of solid waste fees, charges,
or rates .
Under existing law, a person who has not been
issued a certificate of exception and uses the solid
waste system of a county or municipality, and fails to
pay the solid waste fee, charge, or rate is guilty of a
misdemeanor.
This bill would remove the misdemeanor penalty.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to solid waste utility fees; to amend Sections
22-27-5 and 22-27-7, Code of Alabama 1975; to provide an
exclusive remedy for nonpayment of solid waste disposal
utility fees, charges, or rates; to revise the penalties for
failure to pay a solid waste disposal fee, charge, or rate;
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. Sections 22-27-5 and 22-27-7, Code of
Alabama 1975, are amended to read as follows:
"§22-27-5
(a)(1) Fees, etc.; mutual agreements or contracts. The
governing body of a county commission or municipality
undertaking the responsibility for providing services to the
public under this article may establish fees, charges, and
rates and may collect and disburse funds within cooperating
areas or districts, inside or outside the corporate limits of
municipalities or inside or outside of county the respective
boundaries of the county or municipality , for the specific
purpose of administering this article and providing and
operating a solid waste program.
(2) Also, the county commission or public authority A
governing body providing services to the public under this
article may enter into mutual agreements or contracts with the
government governing bodies of other counties, municipalities,
corporations, or individuals with other persons , where deemed
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HB512 INTRODUCED
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corporations, or individuals with other persons , where deemed
to be mutually economical and feasible, to jointly or
individually collect, haul, and/or or dispose of solid wastes
generated within the cooperating area.
(3) All contracts or mutual agreements under this
article shall be subject to review by the health officer , and
all such contracts and agreements shall be subject to
cancellation upon 30 days' notice from the health officer with
the concurrence of the department, any time the contracts or
agreements fail a contract or agreement fails to be in the best
interest of the health, safety, and welfare of the
citizens residents residing in the affected area.
(b) Private or corporate agencies. Individuals,
corporations, partnerships, or other agencies engaging in the
collection and disposal of solid wastes are subject to this
article. Governing bodies A governing body providing services
to the public under this article:
(1) mayMay assign territories orand approve or
disapprove disposal sites, with the concurrence of the health
department ,;
(2) and shall Shall establish and collect annual
license fees from such firms the persons engaging in the
collection and disposal of solid wastes and set rate schedules
if a service fee is charged .; and
(3) In addition to any other approvals which are
necessary for any contract between private or corporate
agencies and governmental entities for the disposal of solid
wastes, approval of the department shall be obtained Shall
obtain approval from the department to enter into a contract
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obtain approval from the department to enter into a contract
between a governmental entity and persons for the disposal of
solid waste .
(c)(1) Permits and bonds. Under subsection (b), no
license shall be granted or fee collected A governing body
providing services to the public under this article may not
grant a license to a person engaging in the collection and
disposal of solid wastes or collect a service fee without
first obtaining a permit issued by the state or county health
department, renewable annually at the time licenses are due.
(2) AThe health department shall issue a permit shall
be based upon performance and may be revoked revoke a permit
for cause, including failure to perform under the provisions
of this article and regulations adopted under authority of
this article.
(3) No license shall be granted without the posting of
a performance bond satisfactory to the governing body A
governing body providing services to the public under this
article shall not grant a license to a person engaging in the
collection and disposal of solid waste until the person posts
a satisfactory performance bond to the governing body .
(4) All solid waste disposal sites except those which
have certificates of exception shall have a permit from the
department A solid waste disposal site may not operate unless
it has a permit or a certificate of exception from the
department .
(d)(1) Financial assurance. No permit for
transportation of garbage by out-of-state transporters, for
disposal of such garbage in a sanitary landfill in this state,
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disposal of such garbage in a sanitary landfill in this state,
shall be issued unless financial assurance is posted by the
transporter with the The health department shall not issue a
permit to an out-of-state transporter for transportation of
and disposal of garbage in a sanitary landfill in this state
unless the transporter posts financial assurance with the
health department .
(2) The financial assurance shall be in an amount not
less than two hundred fifty thousand dollars ($250,000) and
must guarantee that the garbage does not contain any regulated
hazardous waste, infectious waste, or explosive materials or
debris. The financial assurance shall be provided in
accordance with acceptable financial assurance instruments
whichthat include, but are not limited to, an escrow account,
performance bond, or letter of credit.
(3) The health department shall adopt rules specifying
the terms and conditions of financial assurance instruments,
as appropriate.
(e)(1) Nonpayment of fees, etc. Any governing body of a
county commission or municipality establishing fees, charges,
and rates pursuant to subsection (a) may adopt resolutions or
ordinances providing that if the fees, charges, or rates for
the services furnished by the governing body of the county
commission or municipality, or licensee of either, under this
chapter , shall are not be paid within 30 days after the
samefees, charges, or rates are assessed, the fees, charges,
or rates shall become due and payable ,. the county commission
or municipality may, at At the expiration of the 30-day
period, the governing body of the county or municipality may
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period, the governing body of the county or municipality may
suspend the services or may proceed to recover the amount of
any delinquency with interest in bring a a civil action to
recover the outstanding amount , or both.
(2) Notwithstanding Sections 22-27-6 and 22-27-7, the
remedies provided by subdivision (1) shall be the exclusive
remedies for nonpayment of fees, charges, or rates for the
services furnished by the governing body of the county or
municipality.
(f) Notwithstanding subsection (a), any governing body
of a county or municipality that is providing provides solid
waste services under this article thatand has a solid waste
reserve account with a balance in excess of one million
dollars ($1,000,000) may expend funds in excess amounts over of
one million dollars ($1,000,000) in the solid waste reserve
account for any lawful purposes in the best interest of the
county or municipality."
"§22-27-7
(a)(1) With regard to the collection of solid wastes,
the health department shall exercise such supervision over
equipment, methodology , and personnel in the management of
solid wastes as may be necessary to enforce sanitary
requirements ,.
(2) and the state and county boards of The health
department may adopt such rules and regulations as may be
needed to specify methodology and procedures to meet the
requirements of this article.
(b)(1) With regard to the disposal of solid wastes, the
department shall exercise such regulatory control over the
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department shall exercise such regulatory control over the
management of solid wastes as may be necessary to enforce the
requirements of the department ,.
(2) and the The department may adopt such rules and
regulations as may be needed necessary to meet the requirements
of this article.
(c)(1) Any person violating any provision of this
article or any rule or regulation made adopted pursuant to this
article shall be guilty of a misdemeanor and, upon conviction,
shall be fined not less than $50.00 nor fifty dollars ($50) or
more than $200.00, two hundred dollars ($200).
(2) and, if the If a violation or failure or refusal to
obey or comply with such provision of this article or such
rulerules adopted pursuant to this article or regulation is a
continuing one, each day's violation shall constitute a
separate offense and shall be punished accordingly according to
this article .
(d) Any person , firm or corporation granted an
exception under subsection (g) of Section 22-27-3 (g) who or
whichthat fails to carry out and comply with the provisions of
the proposals embodied in the application and plan upon which
a certificate of exception was issued to him or it the person
shall be guilty of a misdemeanor and shall be punished as
provided in this section. AnyFailure to pay the fee, rate, or
charge established by the governing body by any person, firm ,
or corporation whichthat has not been issued a certificate of
exception under subsection (g) of Section 22-27-3 (g) and which
utilizes the solid waste disposal system of any county or
municipality and which fails to pay the fee, rate or charge
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municipality and which fails to pay the fee, rate or charge
established by the county commission or municipal governing
body therefor shall be guilty of a misdemeanor and shall be
punished as provided in is not a violation of this section.
(e) All citations to violators of this article shall be
served by any lawful officer or by the solid waste officer."
Section 2. This act shall become effective on October
1, 2026.
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