HB406 Summary

• Establishes a 24-month moratorium on new permits for public solid waste landfills intended to receive waste not generated by the permittee, effective upon passage.

• Exempts industrial landfills receiving only in-state waste generated by the permittee from the moratorium restrictions.

• Applies moratorium to proposed facilities exceeding specified thresholds: 1,500 tons per day capacity, 2,000 cubic yards per day capacity, 500+ acres, or combined capacity/acreage that exceeds minimums when aggregated with nearby facilities within 20 miles.

• Allows the ADEM Director to waive the moratorium for a specific facility upon joint recommendation by the State Health Officer and host government if they certify a public solid waste management crisis threatening human health or the environment.

• Requires waiver requests to be initiated by local government resolution adopted at a public meeting with at least 10 days' newspaper notice, with any approved permit limited to serving only the identified service area or jurisdiction.