HB447 Summary

• Requires centralized waste treatment facilities defined under federal effluent guidelines (40 CFR Part 437) to post a performance bond or financial assurance sufficient to cover facility closure costs when applying for or modifying permits from the Alabama Department of Environmental Management (ADEM).

• Exempts waste treatment facilities that treat waste only from sources owned or operated by the facility owner, or facilities treating waste under contract where the owner also treats waste from its own sources.

• Requires facility owners or operators to submit minimum two detailed written estimates of third-party closure costs with permit applications and re-evaluate estimates if facility changes significantly increase closure costs.

• Establishes the ADEM Centralized Waste Treatment Facility Rehabilitation Fund, financed by a quarterly 5% fee on facility treatment costs, to be used exclusively for facility closure if owners abandon or fail to maintain operations in compliance with environmental regulations.

• Suspends financial assurance requirements once the fund reaches $10,000,000 threshold; requirements resume if fund falls below threshold at fiscal year end.