Certificates of need as required by Section 45-49-252.03 may be obtained for the management of solid waste in the following manner:

1. (1) An applicant for a certificate of need for a solid waste management activity or facility shall petition the Mobile County Commission to deter- mine the need of such requested service by the applicant. The applicant shall provide the commission with the following information as applicable:

   1. a. A statement of purpose and need for the activity, service, or facility.
   2. b. A statement of funding sources.
   3. c. A statement of financial resources of the applicant.
   4. d. A statement of the cost of operation.
   5. e. A statement of existing facilities or services available.
   6. f. Any other information requested by the commission.
   7. g. Information described in paragraphs b., c., and d. shall not be required from persons desiring certificates of need to provide nonresidential solid waste management activities, services, or facilities.
2. (2) Upon the commission determining and finding that the service, activity, or facility for which the certificate of need is requested answers a public need; is necessary for the welfare of the citizens and residents of Mobile County; and will not impair or infringe any obligations established by contract, resolution, or ordinance; the commission may issue a certificate of need for such service, activity, or facility; provided, however, that the commission shall not issue a certificate of need to any person whose activities will result in a materially adverse effect on the net revenues of the county’s solid waste disposal system, as determined by the commission. Consistent with such findings, the certificates shall be issued for collection/transportation and for disposal or recovery activities. Issuance of a certificate of need shall not relieve the holder from meeting permitting requirements of this part, and all county, state, and federal laws and regulations. Certificates for collection/transportation of nonresidential sol- id waste shall be valid on a countywide basis. No certificate of need for collection/transportation or disposal of nonresidential solid waste shall be denied solely because the number of such certificates in effect at the time of application; provided, however, that the number of permitted and/or certificated disposal facilities shall be considered in determining whether operation of such facility would be in the best interests of the public; and provided that the commission shall not issue a certificate of need to any person whose activities will result in a materially adverse effect on the net revenues of the county’s solid waste system, as mentioned above.

(Act 81-450, p. 773, §5.)