Section 22-27-5 - Establishment of charges, fees, etc., mutual agreements or contracts; licensing of private or corporate agencies; permits and bonds; nonpayment; expense of certain excess amounts(a) Fees, etc.; mutual agreements or contracts. The 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 boundaries, for the specific purpose of administering this article and providing and operating a solid waste program. Also, the county commission or public authority may enter into mutual agreements or contracts with the government bodies of other counties, municipalities, corporations, or individuals, where deemed to be mutually economical and feasible, to jointly or individually collect, haul, and/or dispose of solid wastes generated within the cooperating area. 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 to be in the best interest of the health, safety, and welfare of the citizens 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 may assign territories or approve or disapprove disposal sites, with the concurrence of the health department, and shall establish and collect annual license fees from such firms and set rate schedules if a service fee is charged. 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.(c) Permits and bonds. Under subsection (b), no license shall be granted or fee collected without a permit issued by the state or county health department, renewable annually at the time licenses are due. A permit shall be based upon performance and may be revoked for cause, including failure to perform under the provisions of this article and regulations adopted under authority of this article. No license shall be granted without the posting of a performance bond satisfactory to the governing body. All solid waste disposal sites except those which have certificates of exception shall have a permit from the department.(d) 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, shall be issued unless financial assurance is posted by the transporter with the health department. 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 which include, but are not limited to, an escrow account, performance bond, or letter of credit. The health department shall adopt rules specifying the terms and conditions of financial assurance instruments, as appropriate.
(e) Nonpayment of fees, etc. Any 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 county commission or municipality, or licensee of either, under this chapter, shall not be paid within 30 days after the same shall become due and payable, the county commission or municipality may, at the expiration of the 30-day period, suspend the services or may proceed to recover the amount of any delinquency with interest in a civil action, or both.(f) Notwithstanding subsection (a), any county or municipality that is providing solid waste services under this article that has a solid waste reserve account in excess of one million dollars ($1,000,000) may expend excess amounts over 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.Ala. Code § 22-27-5 (1975)
Amended by Act 2021-348,§ 1, eff. 8/1/2021.Acts 1969, No. 771, p. 1373, §5; Acts 1971, No. 2247, p. 3604, §2; Acts 1979, No. 79-668, p. 1176; Acts 1982, No. 82-612, p. 1111, §§11(f), 14(a)(7); Acts 1988, No. 88-655, p. 1052; Acts 1988, 1st Ex. Sess., No. 88-858, p. 346.