1. (1) Notice Requirements.
2. (a) The Department shall provide notice and an opportunity to comment and request a public hearing on any medical waste treatment or storage facility permit initial issuance, renewal, a modification listed in 335-17-8-.05(3)(a)to the facility permit, or if otherwise determined necessary to meet the requirements of this Division.
3. (b) The following procedures shall be observed:
4. 1. The Department shall send a copy of the notice to persons on a mailing list developed by:
5. (i) Including those who request in writing to be on the list;
6. (ii) Notifying the public of the opportunity to be put on the mailing list through the Department’s website, periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals (the Director may update the mailing list from time to time by requesting written indication of continued interest from those listed and may delete from the list the name of any person who fails to respond to such a request).
7. 2. The Department shall notify interested and potentially interested persons of the proposed permit action for a medical waste treatment or storage facility by posting a notice to the Department’s website. The draft permit action shall be posted on the website for the duration of the public comment period.
8. 3. The notice shall be given not less than thirty-five (35) days prior to the proposed issuance of a permit action.
9. 4. The notice shall contain the specific type and nature of the medical waste treatment or storage facility, the owner or operator requesting the permit action, and the description of the facility, address and telephone number of the Department, and how the public may submit comments and request a public hearing on the proposed permit action.
10. (2) Departmental Action.   After the comment period closes, the Department shall review, consider and respond to all public comments received by the close of the comment period and take one of the following actions:
11. (a) Issue the permitting action if the application complies with this Division; or
12. (b) Deny the permitting action, stating in writing the reasons for denial and informing the person requesting the permitting action of appeal procedures described in 335-2-1;
13. (c) Require additional information or additional elements of design for the facility. If required, the applicant must specify procedures for inclusion into the permit of any additional information prior to issuance of the permit action.

Author: Clethes Stallworth

Statutory Authority: Code of Ala. 1975, §§22-22A-5, 22-27-7.

History: Amended: Published June 30, 2025; effective August 14, 2025.