Code of Alabama - Title 45: Local Laws - Section 45-42-170.20 - Solid waste landfill location and operation

Section 45-42-170.20 - Solid waste landfill location and operation.

(a) In addition to any other provision of law or any rule or regulation by the state or federal government or local government in Limestone County, and specifically Chapter 27, Title 22, as amended, relating to the regulation, operation, or location of any privately-owned or controlled regional landfill for solid waste, the Limestone County Commission shall provide for a referendum on the question of the location, acceptance, or operation of such privately owned or controlled regional landfill for solid waste after the public hearing thereon. The referendum shall be held within 20 days but not less than 10 days after such public hearing. Such referendum shall be held pursuant to the general laws of the state calling for local elections except where there is a direct conflict herewith.

(b) If a majority of the qualified electorate voting on the proposed acceptance, operation, or location of a privately-owned or controlled regional landfill for solid waste disposal approve such proposition, the Limestone County Commission shall assent thereto; if a majority of the qualified electorate voting thereon disapprove of such proposition, then in that event the Limestone County Commission shall not consent to nor contract for the proposed operation, acceptance, and location in Limestone County. Such question shall not be placed before the qualified electorate more than once in any 24 successive-month period.

(c) The provisions of this section are cumulative to any laws or parts of laws or any rule or regulation by any state, federal, or local government regulating or relating to solid waste management, disposal, and location thereof and privately-owned or controlled regional landfills except to the extent there is a direct conflict herewith in which event this section shall supersede.

(Act 91­110, p. 131, §§ 1­3.)

Last modified: May 3, 2021