Ala. Admin. Code r. 335-8-1-.12
Current through Register Vol. 43, No. 1, October 31, 2024
Section 335-8-1-.12 - Review Process For Local Program Delegation(1) Any local government issuing licenses or permits for uses which are subject to the management program may apply to the Department for local program delegation.(2) Application for delegation shall be in the form of a written request by the chief executive officer of the local government and include: (a) an indication of the specific regulation(s) of this Administrative Code for which delegation is sought;(b) a copy of all existing or draft proposed local codes and a description of the local permitting procedures for uses subject to the regulations for which delegation is sought; and(c) other such information as the Department may require.(3) Upon receipt of a properly filed and complete request for local program delegation, the Department will begin its review process and initiate interagency coordination with the local government.(4) In order for program delegation to be effected, the applicant shall demonstrate to the satisfaction of the Department that:(a) the local codes are adequate to ensure that uses permitted and undertaken pursuant to the local program will be in compliance with the management program and consistent with the requirements of this Administrative Code;(b) the local codes provide a right of appeal for a person aggrieved by a local government permit decision;(c) the local codes contain provisions for granting a variance from requirements of the local permitting program in cases where the application of the requirement(s) would be unduly restrictive or constitute a taking of property without payment of full compensation in accordance with the Constitution of the State of Alabama or of the United States; and(d) the local codes will be enforced and the local permitting program will be implemented as approved.(5) If a determination is made not to approve a local permitting program the Department will so notify the applicant of the decision and provide the reasons and supporting details for the disapproval.(6) Department approval of a local permitting program remains valid for a period of five years or until any one of the following occurs:(a) the Department determines that the local codes are not enforced as approved;(b) the Department determines that the local permitting program is not being implemented as approved;(c) the Department determines that the local code or the local permitting program is no longer in compliance with the management program.(7) To remain valid, approved local codes and local permitting programs shall be resubmitted for Departmental approval five years after the last date of approval. (a) Resubmittals shall follow, and be subject to, the provisions set forth in ADEM Administrative Code 335-8-1 -.12(2).(b) Unless otherwise notified by the Department, the local government may continue to enforce the local codes and implement the local permitting program during the Department's review of the resubmission.(8) The chief executive officer of the local government having local program delegation shall submit to the Department any proposed amendment to an approved local code or local permitting program or any proposed expansion of the local government jurisdictional boundaries for review and approval by the Department prior to adoption.(9) Upon approval of local program delegation, the local government is authorized to issue a license or permit to conduct those uses specified in the Department's approval of the local codes and local permitting program, said uses not being subject to further permitting requirements of the Department except as may be set forth in this Administrative Code. Author: John C. Carlton
Ala. Admin. Code r. 335-8-1-.12
Effective: August 14, 1979. Amended: October 10, 1984; October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994. Amended: Filed March 22, 1995; effective April 26, 1995.Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.