The Alabama House of Representatives passed a bill Thursday to change the statutory definition so that temporary “cover” in landfills can be a material other than “earth.”
House Bill 140 is sponsored by State Rep. Alan Baker, R-Brewton.
The bill allows landfills to use alternative daily covers in place of earth to cover landfills until the next business day. “The EPA has allowed this since 1979,” Baker said. It would save landfills the cost of using earth for daily cover.
“This does not change anything in the operating rules for landfills,” Baker said.
A number of members from both parties expressed concerns about this bill on Tuesday, so the bill was carried over until Thursday.
Speaker of the House Mac McCutcheon told reporters, “Sometimes in a debate you can see that the debate is not a filibuster or anti-debate; but rather is an honest effort by members to understand a bill.”
“There was a lot of misinformation out there,” McCutcheon said. The Environmental Services Agency and ADEM were brought in to explain the members and address their concerns.
McCutcheon said that human biosolids is a separate issue and that Rep. Tommy Hanes has introduced legislation dealing with that issue.
Alternative daily cover is often described as cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day. It is utilized to control vectors, fires, odors, blowing litter, and scavenging. Federal and various state regulations require landfill operators to use such earthen material unless other materials are allowed as alternatives (Mitchell Williams writing on Oct 31 in JDSUPRA).
Soil cover can use valuable air space. Further, it can generate the need to excavate and haul soil to the facility. Alternative daily covers are often advocated to be a more efficient and cost-effective means of cover (Williams).
Baker said that it would be up to ADEM (the Alabama Department of Environmental Management) in the permit whether to allow a proposed alternative cover or not.
Baker said, “This bill does not change any of the materials used as cover.” “This would keep us from having to use that good earth in landfills when other materials are available. If it becomes a nuisance ADEM can revoke a cover on the permit. Daily cover has to be approved at the discretion of ADEM.”
Baker said that only materials not constituted as a risk to health or are not a hazard can be used.
An environmental attorney shared the list of ADEM alternative covers with the Alabama Political Reporter. The list includes: auto fluff, excavated waste, synthetic tarps, coal ash, petroleum contaminated soil, automotive shredder residue, shredder fluff, wiring insulation, contaminated soils, paper mill (including wood debris, ash shaker grit, clarifier sludge, dregs, lime), 50 percent on-site soil and 50 percent tire chips, spray-on polymer-based materials, reusable geosynthetic cover, automobile shredder fluff, tarps, foundry sand, clay emulsion known as USA Cover Top clay emulsion, non-hazardous contaminated soil, non-hazardous solid waste clarifier sludge, steckle dust all generated from Nucor Steel Tuscaloosa Inc., non-coal ash from Kimberly Clark operations, lagoon sludge from Armstrong World Industries operations, meltshop refractory material from Outokumpu Stainless USA operations, paper mill waste (non-coal ash, slaker grits, dregs, and lime), biodegradable synthetic film, fly ash, residue from wood chipper or paper, slurry with a fire retardant and tactifierl, Posi Shell Cover System, waste Cover, foundry waste, 50 percent soil and 50 percent automobile shredder fluff, incinerator ash, green waste to soil. Sure Clay Emulsion Coating, alternative cover materials (manufactured), compost produced by IREP Montgomery-MRF, LLC, 50 percent saw dust mixed with 50 percent soil, and waste soils considered to be special waste.
McCutcheon said that members did not understand that these were just temporary covers. That was explained to them.
Alabama landfills have used alternative covers for years; but three people sued saying that this was not allowed under Alabama law and that ADEM had exceeded its mandate by permitting alternate covers. On October 11, 2019 the Alabama Court of Civil Appeals found in favor of the plaintiffs.
HB140, if passed, would address this oversight in the Alabama legal code so that ADEM and the landfills can legally continue to use alternate covers and not have the added expense of quarrying dirt for daily cover.
A Senate version of the same bill received a favorable report last week from the Fiscal Responsibility and Economic Development Committee.
HB140 now goes to the Alabama Senate.
Senate pro tem requests general fund committee begin hearings in July
Senate President Pro Tempore Del Marsh, R-Anniston, announced today that he has asked Senate Finance and Taxation General Fund Committee Chairman Greg Albritton, R-Range, to begin holding General Fund Committee meetings in preparation for the next session.
In an effort to be better prepared because of uncertainty in state revenue as a result of COVID-19 pandemic Senator Albritton has agreed with Senator Marsh and has invited Legislative Services, the Department of Finance, Pardons and Paroles, Corrections and the Personnel Department to provide updates to the committee.
“Typically, we begin this process closer to sessions however because of uncertainty about state income and possibility of special sessions, we felt like it was important to get started much earlier than usual in this process,” Senator Albritton said. “The Legislature has done an excellent job managing our budgets over the past few years. So much so that Alabama was able to weather the storm of the COVID-19 shutdown this year with little impact to our vital state services. We understand that we will not have final revenue projections until after July 15th, but we must continue to do our due diligence and ensure that we use taxpayer money sensibly.”
“We want to make sure that all public money is being used wisely, now and in the future,” Senator Marsh said. “We have many pressing issues facing the state such as a potential $2 billion-dollar prison reform proposal and a stunning lack of rural broadband investment which need to be addressed whenever the Legislature is back in session and it is our duty to make sure we are prepared and kept up to speed on these matters. Furthermore, the taxpayers deserve a clear and transparent view of how their money is being used.”
The hearings are scheduled to begin July 9 in the Alabama State House.
Part-time employee in lieutenant governor’s office tests positive for COVID-19
A part-time employee in Lieutenant Governor Will Ainsworth’s office, who the office said works only a handful of hours each week, tested positive for COVID-19 on Sunday, according to a press statement.
The employee, whose work area is separated from the rest of the staff, last worked in the office on the morning of Thursday, June 18.
All members of the office staff have been tested or are in the process of being tested for COVID-19 in response, and, thus far, no additional positive results have been reported.
In addition, the State House suite has been thoroughly cleaned and will remain closed until all employees’ test results have been returned.
Employees are working remotely from home, and phones are being answered in order to continue providing services to the citizens who need them.
Three workers at ADOC headquarters among latest to test positive for COVID-19
Sixteen more Alabama Department of Corrections employees, including three at the department’s headquarters in Montgomery, have tested positive for COVID-19.
The department’s latest update, released Monday evening, puts the total of confirmed cases among employees at 99, with 73 cases still active.
Five more inmates have tested positive for COVID-19 as well, including inmates at the Donaldson Correctional Facility, the Easterling Correctional Facility, the Kilby Correctional Facility, the Julia Tutwiler Prison for Women and the St. Clair Correctional Facility.
18 of 27 confirmed cases among inmates remained active as of Monday, according to ADOC.
Of the department’s 28 facilities, there have been confirmed COVID-19 cases among staff or inmates in 21. Of the state’s approximately 22,000 inmates, 214 had been tested as of Friday.
Areas inside numerous state prisons are under quarantine, with ADOC staff either limiting inmate movements to those areas or checking for symptoms regularly and conducting twice daily temperature checks, according to the department.
Still work to be done on an Alabama gambling deal
A grand deal on gambling is possible in Alabama, but there’s still a long way to go.
That was essentially the message that representatives from the Poarch Creek Indians and owners of non-Indian casinos around the state gave Friday to Gov. Kay Ivey’s Study Group on Gambling Policy. The 12-member group heard presentations, via Zoom, from representatives from all the tracks and casinos in the state, as it continues in its quest to put together a proposal that Ivey and state lawmakers can use to hopefully craft future gambling legislation.
To move forward with almost any legislation will require an agreement of some sort between PCI, Lewis Benefield, who operates VictoryLand and the Birmingham Race Course, and Nat Winn, the CEO of GreeneTrack. The owners of smaller electronic bingo halls in Greene and Lowndes Counties will also have some input.
The tug of war between these various entities has, over the last several years, prevented an expansion of gambling. It also has left the state in a weird situation in which casinos are operating on a daily basis but there are numerous legal questions and the state is making very little in the way of tax dollars from any of them.
But with public support for lotteries, sportsbooks and even full casino gambling at all-time highs (even a majority of Republican voters surveyed said they support full casinos in the state), and with neighboring states rapidly expanding offerings, state lawmakers seem ready to push through legislation to make it happen.
And now, it seems, the two sides in this fight — PCI and the track owners — are ready to make a deal.
“I feel like there’s a plan out there that would benefit all of us,” said Benefield, who is the son-in-law of Milton McGregor, who passed away in 2018. “I’d like to see us put together something that gets these customers back from surrounding states. I just really feel like we can work together.”
Benefield wasn’t alone in those feelings.
“We stand ready to sit down and talk (about a grand deal) with anyone,” said Arthur Mothershed, who, as vice president of business development for PCI, handled the tribe’s presentation on Friday.
Mothershed and Benefield have each said previously, and APR has reported, that the tribe and the non-Indian entities have held several discussions over the last few months in a quest to work out a deal.
There is a new, old player involved, however.
Former Gov. Jim Folsom, now a lobbyist, represented several Greene County electronic bingo entities, including GreeneTrack, during the conference. Folsom and others representing the bingo casinos told the group that bingo is essentially the financial lifeblood for their county, and that without it multiple county services could go unfunded.
Ivey’s study group has met four times with the goal of providing state lawmakers with clear answers on questions of revenue, risks and options for gaming types. Any legislation approved by lawmakers would have to be approved by voters.