HOUSE BILL No. 5284 October 15, 1997, Introduced by Rep. Alley and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502, 11503, 11504, 11506, 11507a, 11509, 11511, 11512, 11516, 11517, 11519, 11529, 11532, 11533, 11534, 11535, 11536, and 11538 (MCL 324.11502, 324.11503, 324.11504, 324.11506, 324.11507a, 324.11509, 324.11511, 324.11512, 324.11516, 324.11517, 324.11519, 324.11529, 324.11532, 324.11533, 324.11534, 324.11535, 324.11536, and 324.11538), sections 11502 and 11504 as amended and section 11507a as added by 1996 PA 359, section 11506 as amended by 1996 PA 392, and sections 11509, 11511, 11512, 11516, 11517, 11519, and 11529 as amended by 1996 PA 358, and by adding sections 11508a, 11511a, 11511b, 11511c, 11511d, 11531a, 11531b, 11534a, and 11551; and to repeal acts and parts of acts. 04527'97 JCB 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11502. (1) "Applicant" includes any person. 2 (2) "Ashes" means the residue from the burning of wood, 3 coal, coke, refuse, wastewater sludge, or other combustible 4 materials. 5 (3) "Bond" means a financial instrument executed on a form 6 approved by the department, including a surety bond from a surety 7 company authorized to transact business in this state, a certifi- 8 cate of deposit, a cash bond, an irrevocable letter of credit, 9 insurance, a trust fund, an escrow account, or a combination of 10 any of these instruments in favor of the department. The owner 11 or operator of a disposal area who is required to establish a 12 bond under other state or federal statute may petition the 13 department to allow such a bond to meet the requirements of this 14 part. The department shall approve a bond established under 15 other state or federal statute if the bond provides equivalent 16 funds and access by the department as other financial instruments 17 allowed by this subsection. 18 (4) "Certificate of deposit" means a negotiable certificate 19 of deposit held by a bank or other financial institution regu- 20 lated and examined by a state or federal agency, the value of 21 which is fully insured by an agency of the United States 22 government. A certificate of deposit used to fulfill the 23 requirements of this part shall be in the sole name of the 24 department with a maturity date of not less than 1 year and shall 25 be renewed not less than 60 days before the maturity date. An 26 applicant who uses a certificate of deposit as a bond shall 04527'97 3 1 receive any accrued interest on that certificate of deposit upon 2 release of the bond by the department. 3 (5) "Certified health department" means a city, county, or 4 district department of health that is specifically delegated 5 authority by the department to perform designated activities as 6 prescribed by this part. 7 (6) "Coal or wood ash" means either or both of the 8 following: 9 (a) The residue remaining after the ignition of coal or 10 wood, or both, and may include noncombustible materials, other- 11 wise referred to as bottom ash. 12 (b) The airborne residues from burning coal or wood, or 13 both, that are finely divided particles entrained in flue gases 14 arising from a combustion chamber, otherwise referred to as fly 15 ash. 16 (7) "Collection center" means a tract of land, building, 17 unit, or appurtenance or combination thereof that is used to col- 18 lect junk motor vehicles and farm implements under section 19 11530. 20 (8) "COMMERCIAL TYPE III LANDFILL" MEANS A TYPE III LANDFILL 21 THAT ACCEPTS WASTE GENERATED BY PERSONS OTHER THAN THE OWNER OF 22 THE LANDFILL. 23 (9) "CONDITIONS OF SITING" MEANS THOSE CRITERIA WHICH GOVERN 24 THE SELECTION, LOCATION, AND CONSTRUCTION OF A LANDFILL OR INCIN- 25 ERATOR CONTAINED IN THE SOLID WASTE MANAGEMENT PLAN IN EFFECT AT 26 THE TIME THE LANDFILL OR INCINERATOR WAS SITED OR ANY OTHER SUCH 27 CRITERIA FORMALLY AGREED UPON BETWEEN AUTHORIZED OFFICIALS OF 1 04527'97 4 1 OR MORE LOCAL UNITS OF GOVERNMENT IN WHICH THE LANDFILL IS 2 LOCATED AND THE OWNER OR OPERATOR OF A LANDFILL OR INCINERATOR AT 3 THE TIME THE LANDFILL OR INCINERATOR WAS SITED. 4 (10) "CONDITIONS OF OPERATION" MEANS THOSE CRITERIA WHICH 5 GOVERN THE OPERATION OF A LANDFILL OR INCINERATOR CONTAINED IN 6 THE SOLID WASTE MANAGEMENT PLAN IN EFFECT AT THE TIME THE 1997 7 AMENDMENTS TO THIS SECTION TAKE EFFECT. 8 (11)(8)"Consistency review" means evaluation of the 9 administrative and technical components of an application for a 10 permit, license, or for operating conditions in the course of 11 inspection, for the purpose of determining consistency with the 12 requirements of this part, rules promulgated under this part, and 13 approved plans and specifications. 14 (12)(9)"Corrective action" means the investigation, 15 assessment, cleanup, removal, containment, isolation, treatment, 16 or monitoring of constituents, as defined in a facility's 17 approved hydrogeological monitoring plan, released into the envi- 18 ronment from a disposal area, or the taking of other actions 19 related to the release as may be necessary to prevent, minimize, 20 or mitigate injury to the public health, safety, or welfare, the 21 environment, or natural resources that is consistent with subti- 22 tle D of the solid waste disposal act, title II of Public Law 23 89-272, 42 U.S.C. 6941 and 6942 to 6949a or regulations promul- 24 gated pursuant to that act. 25 Sec. 11503. (1) "Department" means the department of envi- 26 ronmental quality. 04527'97 5 1 (2) "Director" means the director of the department. 2 (3) "Discharge" includes, but is not limited to, any 3 spilling, leaking, pumping, pouring, emitting, emptying, dis- 4 charging, injecting, escaping, leaching, dumping, or disposing of 5 a substance into the environment which is or may become injurious 6 to the public health, safety, or welfare, or to the environment. 7 (4) "Disposal area" means 1 or more of the following at a 8 location as defined by the boundary identified in its construc- 9 tion permit or engineering plans approved by the department: 10 (a) A solid waste transfer facility. 11 (b) Incinerator. 12 (c) Sanitary landfill. 13 (d) Processing plant. 14 (e) Other solid waste handling or disposal facility utilized 15 in the disposal of solid waste. 16 (5) "Enforceable mechanism" means a legal method whereby the 17 state, a county, a municipality, or a person is authorized to 18 take action to guarantee compliance with an approved county solid 19 waste management plan. Enforceable mechanisms include contracts, 20 intergovernmental agreements, laws, ordinances, rules, and 21 regulations. 22 (6) "Escrow account" means an account managed by a bank or 23 other financial institution whose account operations are regu- 24 lated and examined by a federal or state agency and which com- 25 plies with section 11523b. 26 (7) "EXPANSION OF A MUNICIPAL SOLID WASTE LANDFILL OR A 27 COMMERCIAL TYPE III LANDFILL" MEANS THE LATERAL EXPANSION OF A 04527'97 6 1 MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL TYPE III LANDFILL 2 BEYOND ITS SITED ACREAGE. 3 (8)(7)"Financial assurance" means the mechanisms used to 4 demonstrate that the funds necessary to meet the cost of closure, 5 postclosure maintenance and monitoring, and corrective action 6 will be available whenever they are needed. 7 (9)(8)"Financial test" means a corporate or local gov- 8 ernment financial test or guarantee approved for type II land- 9 fills under subtitle D of the solid waste disposal act, title II 10 of Public Law 89-272, 42 U.S.C. 6945. An owner or operator may 11 use a single financial test for more than 1 facility. 12 Information submitted to the department to document compliance 13 with the test shall include a list showing the name and address 14 of each facility and the amount of funds assured by the test for 15 each facility. For purposes of the financial test, the owner or 16 operator shall aggregate the sum of the closure, postclosure, and 17 corrective action costs it seeks to assure with any other envi- 18 ronmental obligations assured by a financial test under state or 19 federal law. 20 (10) "FLOW CONTROL" MEANS ANY REQUIREMENT DIRECTING THE 21 LOCATION IN WHICH SOLID WASTE OR RECYCLABLE MATERIALS MAY BE DIS- 22 POSED, PROCESSED, OR TRANSFERRED OR SHALL NOT BE DISPOSED, PRO- 23 CESSED, OR TRANSFERRED. 24 (11)(9)"Garbage" means rejected food wastes including 25 waste accumulation of animal, fruit, or vegetable matter used or 26 intended for food or that attends the preparation, use, cooking, 04527'97 7 1 dealing in, or storing of meat, fish, fowl, fruit, or vegetable 2 matter. 3 Sec. 11504. (1) "Health officer" means a full-time adminis- 4 trative officer of a certified city, county, or district depart- 5 ment of health. 6 (2) "HOST COMMUNITY" MEANS EITHER OF THE FOLLOWING: 7 (A) FOR PURPOSES OF A HOST COMMUNITY AGREEMENT ENTERED INTO 8 BEFORE THE EFFECTIVE DATE OF THE 1997 AMENDMENTS TO THIS SECTION, 9 THE COUNTY OR MUNICIPALITY IN WHICH THE LANDFILL OR INCINERATOR 10 IS LOCATED. 11 (B) SUBJECT TO SUBSECTION (3), FOR PURPOSES OF A HOST COMMU- 12 NITY AGREEMENT ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THE 13 1997 AMENDMENTS TO THIS SECTION, 1 OF THE FOLLOWING: 14 (i) THE CITY OR VILLAGE IN WHICH A MUNICIPAL SOLID WASTE 15 LANDFILL OR A COMMERCIAL TYPE III LANDFILL OR INCINERATOR IS PRO- 16 POSED TO BE LOCATED IF THAT CITY OR VILLAGE HAS ADOPTED ZONING 17 ORDINANCES PURSUANT TO 1921 PA 207, MCL 125.581 TO 125.592, FOR 18 DEVELOPMENTS OTHER THAN THOSE REGULATED BY THIS PART. 19 (ii) THE TOWNSHIP IN WHICH A MUNICIPAL SOLID WASTE LANDFILL 20 OR COMMERCIAL TYPE III LANDFILL OR INCINERATOR IS PROPOSED TO BE 21 LOCATED IF THAT TOWNSHIP HAS ADOPTED A ZONING ORDINANCE PURSUANT 22 TO THE TOWNSHIP RURAL ZONING ACT, 1943 PA 184, MCL 125.271 TO 23 125.301, AND THE MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL 24 TYPE III LANDFILL OR INCINERATOR IS NOT PROPOSED TO BE LOCATED IN 25 A VILLAGE THAT HAS ADOPTED A ZONING ORDINANCE PURSUANT TO 1921 PA 26 207, MCL 125.581 TO 125.592, FOR DEVELOPMENTS OTHER THAN THOSE 27 REGULATED BY THIS PART. 04527'97 8 1 (iii) THE COUNTY IN WHICH A MUNICIPAL SOLID WASTE LANDFILL 2 OR A COMMERCIAL TYPE III LANDFILL OR INCINERATOR IS PROPOSED TO 3 BE LOCATED IF THE MUNICIPAL SOLID WASTE LANDFILL, COMMERCIAL 4 TYPE III LANDFILL, OR INCINERATOR IS NOT PROPOSED TO BE LOCATED 5 IN A MUNICIPALITY DESCRIBED IN SUBDIVISION (A) OR (B). 6 (3) FOR PURPOSES OF SUBSECTION (2), IF A MUNICIPAL SOLID 7 WASTE LANDFILL OR A COMMERCIAL TYPE III LANDFILL OR INCINERATOR 8 IS LOCATED IN MORE THAN 1 MUNICIPALITY OR COUNTY, "HOST 9 COMMUNITY" MEANS ALL SUCH MUNICIPALITIES OR COUNTIES ACTING AS 1 10 ENTITY THROUGH AN INTERLOCAL AGREEMENT UNDER THE URBAN COOPERA- 11 TION ACT OF 1967, 1967 (EX SESS) PA 7, MCL 124.501 TO 124.512, OR 12 A CONTRACT UNDER 1967 (EX SESS) PA 8, MCL 124.531 TO 124.536, FOR 13 THE EXERCISE OF THE POWERS AND PERFORMANCE OF THE DUTIES UNDER 14 THIS PART WITH EACH OTHER SUCH COUNTY OR MUNICIPALITY. 15 (4) "HOST COMMUNITY AGREEMENT" MEANS A WRITTEN, LEGALLY 16 ENFORCEABLE DOCUMENT OR DOCUMENTS EXECUTED BETWEEN AUTHORIZED 17 OFFICIALS OF THE HOST COMMUNITY AND THE OWNER OR OPERATOR OF A 18 LANDFILL OR INCINERATOR THAT GOVERNS THE LOCATION OF THE LANDFILL 19 OR INCINERATOR OR ANY OPERATION OF A LANDFILL OR INCINERATOR, OR 20 BOTH. 21 (5)(2)"Inert material" means a substance that will not 22 decompose, dissolve, or in any other way form a contaminated 23 leachate upon contact with water, or other liquids determined by 24 the department as likely to be found at the disposal area, perco- 25 lating through the substance. 26 (6)(3)"Insurance" means insurance that conforms to the 27 requirements of 40 C.F.R. 258.74(d) provided by an insurer who 04527'97 9 1 has a certificate of authority from the Michigan commissioner of 2 insurance to sell this line of coverage. An applicant for an 3 operating license shall submit evidence of the required coverage 4 by submitting both of the following to the department: 5 (a) A certificate of insurance that uses wording approved by 6 the department. 7 (b) A certified true and complete copy of the insurance 8 policy. 9(4) "Landfill" means a disposal area that is a sanitary10landfill.11 (7) "LANDFILL" MEANS A TYPE OF DISPOSAL AREA CONSISTING OF 1 12 OR MORE DISCRETE AREAS DESIGNATED TO RECEIVE NONHAZARDOUS WASTE 13 FOR PERMANENT DISPOSAL AND AREAS USED IN ASSOCIATION WITH THE 14 DISPOSAL OF WASTE. 15 (8)(5)"Letter of credit" means an irrevocable letter of 16 credit that complies with 40 C.F.R. 258.74(c). 17 (9)(6)"Medical waste" means that term as it is defined 18 in part 138 of the public health code,Act No. 378 of the Public19Acts of 1978, being sections 333.13801 to 333.13831 of the20Michigan Compiled Laws1978 PA 368, MCL 333.13801 TO 333.13831. 21 (10)(7)"Municipal solid waste incinerator" means an 22 incinerator that is owned or operated by any person, and meets 23 all of the following requirements: 24 (a) The incinerator receives solid waste from off site and 25 burns only household waste from single and multiple dwellings, 26 hotels, motels, and other residential sources, or this household 27 waste together with solid waste from commercial, institutional, 04527'97 10 1 municipal, county, or industrial sources that, if disposed of, 2 would not be required to be placed in a disposal facility 3 licensed under part 111. 4 (b) The incinerator has established contractual requirements 5 or other notification or inspection procedures sufficient to 6 assure that the incinerator receives and burns only waste 7 referred to in subdivision (a). 8 (c) The incinerator meets the requirements of this part and 9 the rules promulgated under this part. 10 (d) The incinerator is not an industrial furnace as defined 11 in 40 C.F.R. 260.10. 12 (e) The incinerator is not an incinerator that receives and 13 burns only medical waste or only waste produced at 1 or more 14 hospitals. 15 (11)(8)"Municipal solid waste incinerator ash" means the 16 substances remaining after combustion in a municipal solid waste 17 incinerator. 18 (12) "MUNICIPAL SOLID WASTE LANDFILL" OR "TYPE II LANDFILL" 19 MEANS A LANDFILL WHICH RECEIVES HOUSEHOLD WASTE, MUNICIPAL SOLID 20 WASTE INCINERATOR ASH, OR SEWAGE SLUDGE AND WHICH IS NOT A LAND 21 APPLICATION UNIT, SURFACE IMPOUNDMENT, INJECTION WELL, OR WASTE 22 PILE. A MUNICIPAL SOLID WASTE LANDFILL MAY ALSO RECEIVE OTHER 23 TYPES OF SOLID WASTE, SUCH AS COMMERCIAL WASTE, NONHAZARDOUS 24 SLUDGE, CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE, AND 25 INDUSTRIAL WASTE. A MUNICIPAL SOLID WASTE LANDFILL MAY BE PUB- 26 LICLY OR PRIVATELY OWNED. 04527'97 11 1 (13)(9)"Perpetual care fund" means a perpetual care fund 2 provided for in section 11525. 3(10) "Trust fund" means a trust fund held by a trustee4which has the authority to act as a trustee and whose trust oper-5ations are regulated and examined by a federal or state agency.6A trust fund shall comply with section 11523b.7 Sec. 11506. (1) "SITED ACREAGE" MEANS ANY ACREAGE DESIGNATED 8 IN A COUNTY SOLID WASTE MANAGEMENT PLAN OR HOST COMMUNITY AGREE- 9 MENT FOR THE LOCATION OF A MUNICIPAL SOLID WASTE LANDFILL OR COM- 10 MERCIAL TYPE III LANDFILL BY A LEGAL DESCRIPTION, MAP, OR MUNICI- 11 PAL PARCEL DESIGNATION. 12 (2)(1)"Solid waste" means garbage, rubbish, ashes, 13 incinerator ash, incinerator residue, street cleanings, municipal 14 and industrial sludges, solid commercial and solid industrial 15 waste, and animal waste other than organic waste generated in the 16 production of livestock and poultry. Solid waste does not 17 include the following: 18 (a) Human body waste. 19 (b) Medical waste as it is defined in part 138 of the public 20 health code,Act No. 368 of the Public Acts of 1978, being sec-21tions 333.13801 to 333.13831 of the Michigan Compiled Laws,1978 22 PA 368, MCL 333.13801 TO 333.13831, and regulated under part 138 23 ofAct No. 368 of the Public Acts of 1978THE PUBLIC HEALTH 24 CODE, 1978 PA 368, MCL 333.13801 TO 333.13831, and part 55. 25 (c) Organic waste generated in the production of livestock 26 and poultry. 04527'97 12 1 (d) Liquid waste. 2 (e) Ferrous or nonferrous scrap directed to a scrap metal 3 processor or to a reuser of ferrous or nonferrous products. 4 (f) Slag or slag products directed to a slag processor or to 5 a reuser of slag or slag products. 6 (g) Sludges and ashes managed as recycled, or nondetrimental 7 materials appropriate for agricultural or silvicultural use pur- 8 suant to a plan approved by the department. A by-product from 9 the processing of or a residual from fruits, vegetables, sugar 10 beets, or field crops; wood ashes resulting solely from a source 11 that burns only wood that is untreated and inert; lime from kraft 12 pulping processes generated prior to bleaching; or aquatic plants 13 may be applied on farmland for an agricultural or silvicultural 14 purpose, or used as animal feed, as appropriate, and such an 15 application or use does not require a plan described in this sub- 16 division or a permit or license under this part. In addition, 17 source separated materials approved by the department for land 18 application for agricultural and silvicultural purposes and com- 19 post produced from those materials may be applied to the land for 20 agricultural and silvicultural purposes and such an application 21 does not require a plan described in this subdivision or permit 22 or license under this part. Land application authorized under 23 this subdivision for an agricultural or silvicultural purpose, or 24 use as animal feed, as provided for in this subdivision shall 25 occur in a manner that prevents losses from runoff and leaching, 26 and if applied to land, the land application shall be at an 27 agronomic rate consistent with generally accepted agricultural 04527'97 13 1 and management practices under the right to farm act,Act No. 932of the Public Acts of 1981, being sections 286.471 to 286.474 of3the Michigan Compiled Laws1981 PA 93, MCL 286.471 TO 286.474. 4 (h) Materials approved for emergency disposal by the 5 department. 6 (i) Source separated materials. 7 (j) Site separated material. 8 (k) Fly ash or any other ash produced from the combustion of 9 coal, when used in the following instances: 10 (i) With a maximum of 6% of unburned carbon as a component 11 of concrete, grout, mortar, or casting molds. 12 (ii) With a maximum of 12% unburned carbon passing 13 M.D.O.T. test method MTM 101 when used as a raw material in 14 asphalt for road construction. 15 (iii) As aggregate, road, or building material which in 16 ultimate use will be stabilized or bonded by cement, limes, or 17 asphalt. 18 (iv) As a road base or construction fill that is covered 19 with asphalt, concrete, or other material approved by the depart- 20 ment and which is placed at least 4 feet above the seasonal 21 groundwater table. 22 (v) As the sole material in a depository designed to 23 reclaim, develop, or otherwise enhance land, subject to the 24 approval of the department. In evaluating the site, the depart- 25 ment shall consider the physical and chemical properties of the 26 ash including leachability, and the engineering of the 27 depository, including, but not limited to, the compaction, 04527'97 14 1 control of surface water and groundwater that may threaten to 2 infiltrate the site, and evidence that the depository is designed 3 to prevent water percolation through the material. 4 (l) Other wastes regulated by statute. 5 (3)(2)"Solid waste hauler" means a person who owns or 6 operates a solid waste transporting unit. 7 (4)(3)"Solid waste processing plant" means a tract of 8 land, building, unit, or appurtenance of a building or unit or a 9 combination of land, buildings, and units that is used or 10 intended for use for the processing of solid waste or the separa- 11 tion of material for salvage or disposal, or both, but does not 12 include a plant engaged primarily in the acquisition, processing, 13 and shipment of ferrous or nonferrous metal scrap, or a plant 14 engaged primarily in the acquisition, processing, and shipment of 15 slag or slag products. 16 (5)(4)"Solid waste transporting unit" means a container 17 that may be an integral part of a truck or other piece of equip- 18 ment used for the transportation of solid waste. 19 (6)(5)"Solid waste transfer facility" means a tract of 20 land, a building and any appurtenances, or a container, or any 21 combination of land, buildings, or containers that is used or 22 intended for use in the rehandling or storage of solid waste 23 incidental to the transportation of the solid waste, but is not 24 located at the site of generation or the site of disposal of the 25 solid waste. 26 (7)(6)"Source separated material" means glass, metal, 27 wood, paper products, plastics, rubber, textiles, garbage, yard 04527'97 15 1 clippings, or any other material approved by the department that 2 is separated at the source of generation for the purpose of con- 3 version into raw materials or new products. 4 (8) "TRUST FUND" MEANS A TRUST FUND HELD BY A TRUSTEE WHICH 5 HAS THE AUTHORITY TO ACT AS A TRUSTEE AND WHOSE TRUST OPERATIONS 6 ARE REGULATED AND EXAMINED BY A FEDERAL OR STATE AGENCY. A TRUST 7 FUND SHALL COMPLY WITH SECTION 11523B. 8 (9) "TYPE III LANDFILL" MEANS A LANDFILL THAT IS NOT A 9 MUNICIPAL SOLID WASTE LANDFILL OR HAZARDOUS WASTE LANDFILL AND 10 INCLUDES BOTH OF THE FOLLOWING: 11 (A) CONSTRUCTION AND DEMOLITION WASTE LANDFILLS. 12 (B) INDUSTRIAL WASTE LANDFILLS. 13 (10)(7)"Yard clippings" means leaves, grass clippings, 14 vegetable or other garden debris, shrubbery, or brush or tree 15 trimmings, less than 4 feet in length and 2 inches in diameter, 16 that can be converted to compost humus. Yard clippings do not 17 include stumps, agricultural wastes, animal waste, roots, sewage 18 sludge, or garbage. 19 Sec. 11507a. (1) The owner or operator of a landfill shall 20 annually submit a report to the state and the county and munici- 21 pality in which the landfill is located that contains information 22 on the amount of solid waste received by the landfill during the 23 year itemized, to the extent possible, by county, state, or coun- 24 try of origin. 25 (2) By September 1, 1996, the department shall develop and 26 submit to the legislature a plan to gather data on the amount of 04527'97 16 1 recyclable materials recovered in the state itemized, to the 2 extent possible, by county, state, or country of origin. 3 (3) BY SEPTEMBER 1, 1997, THE DEPARTMENT SHALL SUBMIT TO THE 4 LEGISLATURE A REPORT THAT CATEGORIZES THE AMOUNT OF SOLID WASTE 5 RECEIVED BY LANDFILLS IN THE STATE ITEMIZED BY STATE OR COUNTRY 6 OF ORIGIN AND CALCULATES THE PERCENTAGE OF SOLID WASTE THAT IS 7 DISPOSED OF ON THE BASIS OF IN-STATE AND OUT-OF-STATE GENERATION. 8 SEC. 11508A. AN ORDINANCE, LAW, RULE, REGULATION, POLICY, 9 SOLID WASTE MANAGEMENT PLAN, OR PRACTICE OF A MUNICIPALITY, 10 COUNTY, OR OTHER LOCAL UNIT OF GOVERNMENT THAT PROHIBITS OR REGU- 11 LATES THE LOCATION, DEVELOPMENT, OR OPERATION OF A MUNICIPAL 12 SOLID WASTE LANDFILL, A COMMERCIAL TYPE III LANDFILL, OR AN 13 INCINERATOR SHALL BE CONSIDERED IN CONFLICT WITH THIS PART AND 14 SHALL NOT BE ENFORCEABLE. THIS SECTION DOES NOT APPLY TO EITHER 15 OF THE FOLLOWING: 16 (A) THE CONDITIONS OF SITING AND CONDITIONS OF OPERATION 17 APPLICABLE TO A MUNICIPAL SOLID WASTE LANDFILL OR A COMMERCIAL 18 TYPE III LANDFILL UNDER SECTION 11511B(1). 19 (B) HOST COMMUNITY AGREEMENTS. 20 Sec. 11509. (1) Except as otherwise provided in section 21 11529, a person otherwise allowed under this part to own or oper- 22 ate a solid waste disposal area shall not establish a disposal 23 area without a construction permit from the department,contrary24to an approved solid waste management plan,or contrary to a 25 permit, license, or final order issued pursuant to this part. IF 26 THE DISPOSAL AREA IS A MUNICIPAL SOLID WASTE LANDFILL OR A 27 COMMERCIAL TYPE III LANDFILL, OR AN INCINERATOR, THE DEPARTMENT 04527'97 17 1 SHALL NOT ISSUE A CONSTRUCTION PERMIT FOR THAT LANDFILL OR 2 INCINERATOR UNLESS THE APPLICANT IS IN COMPLIANCE WITH SECTIONS 3 11511A, 11511B, AND 11511C. A person proposing the establishment 4 of a disposal area shall apply for a construction permit to the 5 department through the health officer on a form provided by the 6 department. If the disposal area is located in a county or city 7 that does not have a certified health department, the application 8 shall be made directly to the department. 9 (2) The application for a construction permit shall contain 10 the name and residence of the applicant, the location of the pro- 11 posed disposal area, the INITIAL design capacity of the disposal 12 area, A COPY OF THE HOST COMMUNITY AGREEMENT, IF APPLICABLE, and 13 other information specified by rule. A person may apply to con- 14 struct more than 1 type of disposal area at the same facility 15 under a single permit. The application shall be accompanied by 16 an engineering plan and a construction permit application fee. A 17 construction application permit for a landfill shall be accom- 18 panied by a fee in an amount that is the sum of all of the appli- 19 cable fees in this subsection: 20 (a) For a new sanitary landfill, a fee equal to the follow- 21 ing amount: 22 (i) For a municipal solid waste landfill, $1,500.00. 23 (ii) For an industrial waste landfill, $1,000.00. 24 (iii) For a type III landfill limited to low hazard indus- 25 trial waste, $750.00. 26 (b) For a lateral expansion of a sanitary landfill, a fee 27 equal to the following amount: 04527'97 18 1 (i) For a municipal solid waste landfill, $1,000.00. 2 (ii) For an industrial waste landfill, $750.00. 3 (iii) For a type III landfill limited to low hazard indus- 4 trial waste, construction and demolition waste, or other nonin- 5 dustrial waste, $500.00. 6 (c) For a vertical expansion of an existing sanitary land- 7 fill, a fee equal to the following amount: 8 (i) For a municipal solid waste landfill, $750.00. 9 (ii) For an industrial waste landfill, $500.00. 10 (iii) For an industrial waste landfill limited to low hazard 11 industrial waste, construction and demolition waste, or other 12 nonindustrial waste, $250.00. 13 (3) The application for a construction permit for a solid 14 waste transfer facility, a solid waste processing plant, other 15 disposal area, or a combination of these, shall be accompanied by 16 a fee in the following amount: 17 (a) For a new facility for municipal solid waste, or a com- 18 bination of municipal solid waste and waste listed in subdivision 19 (b), $1,000.00. 20 (b) For a new facility for industrial waste, or construction 21 and demolition waste, $500.00. 22 (c) For the expansion of an existing facility for any type 23 of waste, $250.00. 24 (4) If an application is returned to the applicant as admin- 25 istratively incomplete, the department shall refund the entire 26 fee. If a permit is denied or an application is withdrawn, the 27 department shall refund 1/2 the amount specified in subsection 04527'97 19 1 (3) to the applicant. An applicant for a construction permit, 2 within 12 months after a permit denial or withdrawal, may resub- 3 mit the application and the refunded portion of the fee, together 4 with the additional information as needed to address the reasons 5 for denial, without being required to pay an additional applica- 6 tion fee. 7 (5) An application for a modification to a construction 8 permit or for renewal of a construction permit which has expired 9 shall be accompanied by a fee of $250.00. Increases in final 10 elevations that do not result in an increase in design capacity 11 or a change in the solid waste boundary shall be considered a 12 modification and not a vertical expansion. 13 (6) A person who applies to permit more than 1 type of dis- 14 posal area at the same facility shall pay a fee equal to the sum 15 of the applicable fees listed in this section. 16 (7) The department shall deposit permit application fees 17 collected under this section in the solid waste staff account of 18 the solid waste management fund established in section 11550. 19 Sec. 11511. (1) The department shall make a final decision 20 as to whether to issue a construction permit within 120 days 21 after the department receives an administratively complete 22 application. The decision of the department and the reasons for 23 the decision shall be in writing with specific reference to this 24 part or rules promulgated under this part for any substantiation 25 of denial of the permit application and shall be sent by 26 first-class mail to the clerk of the municipality in which the 27 disposal area is proposed to be located and to the applicant 04527'97 20 1 within 10 days after the final decision is made. If the 2 department fails to make a final decision within 120 days, the 3 permit shall be considered issued. 4 (2) A construction permit shall expire 1 year after the date 5 of issuance, unless development under the construction permit is 6 initiated within that year. A construction permit that has 7 expired may be renewed upon payment of a permit renewal fee and 8 submission of any additional information the department may 9 require. 10(3) Except as otherwise provided in this subsection, the11department shall not issue a construction permit for a disposal12area within a planning area unless a solid waste management plan13for that planning area has been approved pursuant to sections1411536 and 11537 and unless the disposal area complies with and is15consistent with the approved solid waste management plan. The16department may issue a construction permit for a disposal area17designed to receive ashes produced in connection with the combus-18tion of fossil fuels for electrical power generation in the19absence of an approved county solid waste management plan, upon20receipt of a letter of approval from whichever county or coun-21ties, group of municipalities, or regional planning agency has22prepared or is preparing the county solid waste management plan23for that planning area under section 11533 and from the munici-24pality in which the disposal area is to be located.25 SEC. 11511A. (1) EXCEPT AS PROVIDED IN SECTION 11511C, THE 26 DEPARTMENT SHALL NOT ISSUE A CONSTRUCTION PERMIT UNDER THIS PART 27 FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR A NEW COMMERCIAL TYPE 04527'97 21 1 III LANDFILL OR A NEW INCINERATOR OR THE EXPANSION OF A MUNICIPAL 2 SOLID WASTE LANDFILL OR A COMMERCIAL TYPE III LANDFILL, UNLESS 3 THE PERSON PROPOSING TO CONSTRUCT THE LANDFILL OR INCINERATOR HAS 4 ENTERED INTO A HOST COMMUNITY AGREEMENT WITH THE HOST COMMUNITY 5 AND THE HOST COMMUNITY AGREEMENT IS APPROVED PURSUANT TO SUBSEC- 6 TION (3). 7 (2) WHEN A HOST COMMUNITY IS NEGOTIATING A HOST COMMUNITY 8 AGREEMENT, THE HOST COMMUNITY SHALL TAKE ANY EXISTING SOLID WASTE 9 MANAGEMENT PLAN FOR THAT JURISDICTION INTO CONSIDERATION. 10 (3) IF A HOST COMMUNITY ENTERS INTO A HOST COMMUNITY AGREE- 11 MENT PURSUANT TO THIS SECTION, THE HOST COMMUNITY SHALL FORWARD A 12 COPY OF THE HOST COMMUNITY AGREEMENT TO THE COUNTY BOARD OF COM- 13 MISSIONERS OF THE COUNTY IN WHICH THE HOST COMMUNITY IS LOCATED. 14 WITHIN 90 DAYS OF RECEIPT OF THE HOST COMMUNITY AGREEMENT, THE 15 COUNTY BOARD OF COMMISSIONERS SHALL VOTE TO APPROVE OR DISAPPROVE 16 THE HOST COMMUNITY AGREEMENT. UNLESS A MAJORITY OF THE MEMBERS 17 OF THE COUNTY BOARD OF COMMISSIONERS DISAPPROVE THE HOST COMMU- 18 NITY AGREEMENT WITHIN THE 90-DAY TIME PERIOD, IT IS APPROVED. IF 19 THE COUNTY BOARD OF COMMISSIONERS DISAPPROVES THE HOST COMMUNITY 20 AGREEMENT, THE BOARD SHALL SUBMIT ITS OBJECTIONS TO THE HOST COM- 21 MUNITY WITHIN 30 DAYS FOLLOWING ITS DISAPPROVAL OF THE HOST COM- 22 MUNITY AGREEMENT. UPON RECEIPT OF THE BOARD'S OBJECTIONS, THE 23 MUNICIPALITY MAY ATTEMPT TO NEGOTIATE WITH THE PERSON PROPOSING 24 TO CONSTRUCT THE LANDFILL OR INCINERATOR TO ADDRESS THOSE OBJEC- 25 TIONS WITHIN THE HOST COMMUNITY AGREEMENT. THE MUNICIPALITY 26 SHALL EITHER RESUBMIT A MODIFIED HOST COMMUNITY AGREEMENT FOR 27 REVIEW BY THE COUNTY BOARD OF COMMISSIONERS OR NOTIFY THE BOARD 04527'97 22 1 THAT IT INTENDS TO PURSUE THE PREVIOUSLY SUBMITTED HOST COMMUNITY 2 AGREEMENT. UNLESS WITHIN 90 DAYS AFTER SUBMITTAL OF THE MODIFIED 3 HOST COMMUNITY AGREEMENT OR THE NOTIFICATION THAT IT INTENDS TO 4 PURSUE THE PREVIOUSLY SUBMITTED HOST COMMUNITY AGREEMENT, THE 5 LEGISLATIVE BODIES OF 2/3 OF THE MUNICIPALITIES WITHIN THE COUNTY 6 ADOPT RESOLUTIONS OBJECTING TO THE HOST COMMUNITY AGREEMENT, THE 7 HOST COMMUNITY AGREEMENT IS APPROVED. 8 (4) AS USED IN THIS SECTION: 9 (A) "NEW INCINERATOR" MEANS AN INCINERATOR THAT ON THE 10 EFFECTIVE DATE OF THIS SECTION DOES NOT HAVE A VALID PERMIT UNDER 11 PART 55 AND WILL ACCEPT MUNICIPAL SOLID WASTE. 12 (B) "NEW MUNICIPAL SOLID WASTE LANDFILL OR NEW COMMERCIAL 13 TYPE III LANDFILL" MEANS A MUNICIPAL SOLID WASTE LANDFILL OR A 14 COMMERCIAL TYPE III LANDFILL THAT ON THE EFFECTIVE DATE OF THIS 15 SECTION IS NOT LOCATED ON SITED ACREAGE NOR IS AN EXPANSION OF A 16 MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL TYPE III LANDFILL. 17 SEC. 11511B. (1) SUBJECT TO SUBSECTIONS (2) AND (3), EACH 18 MUNICIPAL SOLID WASTE LANDFILL AND COMMERCIAL TYPE III LANDFILL 19 IN THE STATE THAT IS LOCATED ON SITED ACREAGE ON THE EFFECTIVE 20 DATE OF THIS SECTION MAY CONTINUE TO OPERATE WITHIN ITS SITED 21 ACREAGE, SUBJECT TO THE FOLLOWING: 22 (A) CONDITIONS OF SITING. 23 (B) CONDITIONS OF OPERATION, EXCLUDING PROVISIONS RELATED TO 24 FLOW CONTROL. 25 (C) THE PROVISIONS OF AN EFFECTIVE HOST COMMUNITY 26 AGREEMENT. NOTHING IN THIS PART VOIDS, MODIFIES, OR OTHERWISE 04527'97 23 1 INTERFERES WITH A HOST COMMUNITY AGREEMENT ENTERED INTO BEFORE 2 THE EFFECTIVE DATE OF THIS SECTION AND WHICH REMAINS IN EFFECT. 3 (2) NOTWITHSTANDING SUBSECTION (1)(B), IF A MUNICIPAL SOLID 4 WASTE LANDFILL OR A COMMERCIAL TYPE III LANDFILL IS NOT SUBJECT 5 TO A HOST COMMUNITY AGREEMENT, PROVISIONS RELATED TO FLOW CONTROL 6 IN THE CONDITIONS OF OPERATION MAY BE ENFORCED FOR A PERIOD OF 30 7 MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. 8 (3) AT ANY TIME AFTER THE EFFECTIVE DATE OF THIS SECTION, 9 THE OWNER OR OPERATOR OF A MUNICIPAL SOLID WASTE LANDFILL OR COM- 10 MERCIAL TYPE III LANDFILL MAY ENTER INTO A HOST COMMUNITY AGREE- 11 MENT WITH THE HOST COMMUNITY. IF A HOST COMMUNITY AGREEMENT IS 12 APPROVED IN THE MANNER PROVIDED IN SECTION 11511A(3), THE LAND- 13 FILL SHALL OPERATE UNDER THE TERMS OF THAT HOST COMMUNITY 14 AGREEMENT. 15 SEC. 11511C. (1) AN OWNER OR OPERATOR OF A MUNICIPAL SOLID 16 WASTE LANDFILL OR COMMERCIAL TYPE III LANDFILL THAT ON THE EFFEC- 17 TIVE DATE OF THIS SECTION IS LOCATED ON SITED ACREAGE WHO WISHES 18 TO EXPAND THAT LANDFILL ONTO CONTIGUOUS PROPERTY AND WHO HAS BEEN 19 UNABLE TO REACH AGREEMENT WITH THE HOST COMMUNITY REGARDING A 20 HOST COMMUNITY AGREEMENT FOR THAT EXPANSION MAY REQUEST THAT AN 21 ARBITRATION PANEL BE CONVENED TO RESOLVE THE DISPUTE IF ALL OF 22 THE FOLLOWING CONDITIONS ARE MET: 23 (A) NOT MORE THAN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS 24 SECTION, THE OWNER OF THE MUNICIPAL SOLID WASTE LANDFILL OR COM- 25 MERCIAL TYPE III LANDFILL SUBMITS A STATEMENT DESCRIBING ALL CON- 26 TIGUOUS PROPERTY OWNED BY THE OWNER OF THE LANDFILL OR A 27 SUBSIDIARY, PARENT, OR AN AFFILIATE OF THE OWNER. THE OWNER OF 04527'97 24 1 THE LANDFILL SHALL SUBMIT THE STATEMENT TO EACH COUNTY AND 2 MUNICIPALITY IN WHICH EITHER THE LANDFILL OR CONTIGUOUS PROPERTY 3 IS LOCATED. THE STATEMENT SHALL DESCRIBE THE PROPERTY BY PARCEL 4 OR LOT NUMBER OR METES AND BOUNDS DESCRIPTION, AND IDENTIFY THE 5 OWNER OR OWNERS OF RECORD. 6 (B) THE EXPANSION COMPLIES WITH THIS PART AND THE RULES 7 PROMULGATED UNDER THIS PART INCLUDING REQUIREMENTS OF OBTAINING 8 NECESSARY CONSTRUCTION PERMITS AND OPERATING LICENSES. 9 (C) THE SITED ACREAGE OF THE LANDFILL IS SUBJECT TO A HOST 10 COMMUNITY AGREEMENT. 11 (2) AN ARBITRATION PANEL CONVENED UNDER THIS SECTION SHALL 12 DETERMINE WHETHER OR NOT A PROPOSED EXPANSION SHOULD TAKE PLACE 13 AND THE SPECIFIC LOCATION AND ACREAGE FOR THAT EXPANSION, IF 14 ANY. IF THE ARBITRATION PANEL DETERMINES THAT AN EXPANSION 15 SHOULD TAKE PLACE, THE ARBITRATION PANEL SHALL DETERMINE THE 16 TERMS OF A HOST COMMUNITY AGREEMENT THAT WILL GOVERN OPERATIONS 17 OF THE LANDFILL. IN MAKING ITS DETERMINATIONS, THE ARBITRATION 18 PANEL SHALL CONSIDER ALL OF THE FOLLOWING: 19 (A) THE AMOUNT OF PERMITTED AND SITED ACREAGE AVAILABLE TO 20 THE LANDFILL OWNER OR OPERATOR. 21 (B) THE CAPACITY NEEDS OF THE AREA IN WHICH THE LANDFILL IS 22 LOCATED AND OF THE STATE. 23 (C) WHETHER THE EXPANSION IS CONSISTENT WITH THE SURROUNDING 24 LAND USES. 25 (D) THE OVERALL ENVIRONMENTAL PROTECTION AFFORDED BY THE 26 EXPANSION OF THE LANDFILL. 04527'97 25 1 (3) TO INITIATE ARBITRATION UNDER THIS SECTION, THE OWNER OR 2 OPERATOR OF A MUNICIPAL SOLID WASTE LANDFILL OR A COMMERCIAL TYPE 3 III LANDFILL SHALL, WITHIN 90 DAYS AFTER A SUBMITTAL OF AN OFFER 4 TO THE HOST COMMUNITY REGARDING THE EXPANSION AND THE TERMS OF A 5 HOST COMMUNITY AGREEMENT, SUBMIT TO THE HOST COMMUNITY A WRITTEN 6 REQUEST TO INITIATE ARBITRATION. 7 (4) AN ARBITRATION PANEL CONVENED TO DETERMINE THE TERMS OF 8 A HOST COMMUNITY AGREEMENT PURSUANT TO THIS SECTION SHALL CONSIST 9 OF 3 ARBITRATORS. ONE ARBITRATOR SHALL BE SELECTED BY THE HOST 10 COMMUNITY. ONE ARBITRATOR SHALL BE SELECTED BY THE OWNER OR 11 OPERATOR OF THE LANDFILL. ONE ARBITRATOR SHALL BE JOINTLY 12 SELECTED BY THE OWNER OR OPERATOR OF THE LANDFILL AND THE HOST 13 COMMUNITY. IF THE OWNER OR OPERATOR FAILS TO NOTIFY THE HOST 14 COMMUNITY OF THE OWNER'S OR OPERATOR'S SELECTION OF AN ARBITRATOR 15 WITHIN 30 DAYS AFTER SUBMITTING A WRITTEN REQUEST TO INITIATE 16 ARBITRATION TO THE HOST COMMUNITY, THE DIRECTOR SHALL SELECT AN 17 ARBITRATOR FOR THE OWNER OR OPERATOR FROM A LIST OF ARBITRATORS 18 PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. IF THE HOST 19 COMMUNITY FAILS TO NOTIFY THE OWNER OR OPERATOR OF THE HOST 20 COMMUNITY'S SELECTION OF AN ARBITRATOR WITHIN 30 DAYS AFTER 21 RECEIVING THE WRITTEN REQUEST TO INITIATE ARBITRATION, THE DIREC- 22 TOR SHALL SELECT AN ARBITRATOR FOR THE HOST COMMUNITY FROM A LIST 23 OF ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. 24 IF THE PARTIES ARE UNABLE TO AGREE TO JOINTLY SELECT THE THIRD 25 ARBITRATOR, THE DIRECTOR SHALL SELECT AN ARBITRATOR FROM A LIST 26 OF ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. 04527'97 26 1 (5) THE ARBITRATION PANEL SHALL BE CONVENED WITHIN 60 DAYS 2 AFTER RECEIPT OF THE REQUEST TO INITIATE ARBITRATION BY THE HOST 3 COMMUNITY. WITHIN 7 DAYS AFTER CONVENING, THE ARBITRATION PANEL 4 SHALL DO 1 OF THE FOLLOWING: 5 (A) ORDER THE PARTIES TO CONTINUE NEGOTIATING FOR A PERIOD 6 NOT TO EXCEED 30 DAYS AFTER THE DATE OF THE ORDER IF, IN THE 7 JUDGMENT OF THE PANEL, ARBITRATION CAN BE AVOIDED BY THE NEGOTIA- 8 TION OF ANY REMAINING ISSUES. IF THE PANEL ORDERS THE PARTIES TO 9 CONTINUE NEGOTIATIONS, THE REQUEST TO INITIATE ARBITRATION MAY BE 10 RESUBMITTED UPON EXPIRATION OF THE NEGOTIATION PERIOD. 11 (B) ORDER THE PARTIES TO SUBMIT THEIR RESPECTIVE FINAL 12 OFFERS TO THE PANEL WITHIN 7 DAYS AFTER THE DATE OF THE ORDER. 13 IF THE HOST COMMUNITY FAILS TO SUBMIT A FINAL OFFER WITHIN 7 DAYS 14 AFTER THE DATE OF THE ORDER, THE ARBITRATION PANEL SHALL ISSUE A 15 SUBSEQUENT ORDER TO THE HOST COMMUNITY TO SUBMIT ITS FINAL OFFER 16 TO THE PANEL WITHIN 7 DAYS AFTER THE DATE OF THE SUBSEQUENT 17 ORDER. IF THE HOST COMMUNITY FAILS TO SUBMIT A FINAL OFFER 18 WITHIN 7 DAYS AFTER THE DATE OF THE SECOND ORDER, THE OWNER'S OR 19 OPERATOR'S FINAL OFFER SHALL BE CONSIDERED THE APPROVED HOST COM- 20 MUNITY AGREEMENT. IF THE LANDFILL OWNER OR OPERATOR FAILS TO 21 SUBMIT A FINAL OFFER WITHIN 7 DAYS AFTER THE DATE OF THE INITIAL 22 ORDER TO THE LANDFILL OWNER OR OPERATOR UNDER THIS SUBDIVISION, 23 THE PROPOSAL SHALL BE CONSIDERED ABANDONED. 24 (6) A FINAL OFFER SHALL CONTAIN THE LANDFILL OWNER'S OR 25 OPERATOR'S OR THE HOST COMMUNITY'S FINAL TERMS AND CONDITIONS 26 RELATING TO THE LANDFILL AND ANY INFORMATION OR ARGUMENTS IN 04527'97 27 1 SUPPORT OF THE PROPOSALS. ADDITIONAL SUPPORTING INFORMATION MAY 2 BE SUBMITTED AT ANY TIME. 3 (7) NEGOTIATIONS BETWEEN THE PARTIES MAY CONTINUE DURING THE 4 ARBITRATION PROCESS. IF AN ISSUE SUBJECT TO NEGOTIATION IS 5 RESOLVED TO THE SATISFACTION OF BOTH PARTIES, IT SHALL BE INCOR- 6 PORATED INTO A WRITTEN AGREEMENT BETWEEN BOTH PARTIES AND THE 7 FINAL OFFER OF EACH PARTY SHALL BE AMENDED CONSISTENT WITH SUCH 8 AGREEMENT. 9 (8) AFTER THE FINAL OFFERS ARE SUBMITTED TO THE ARBITRATION 10 PANEL, NEITHER PARTY MAY AMEND ITS FINAL OFFER, EXCEPT WITH THE 11 WRITTEN PERMISSION OF THE OTHER PARTY. 12 (9) WITHIN 60 DAYS AFTER THE LAST DAY FOR SUBMITTING A FINAL 13 OFFER UNDER THIS SECTION, THE ARBITRATION PANEL SHALL ISSUE AN 14 ARBITRATION AWARD WITH APPROVAL OF A MINIMUM OF 2 PANEL MEMBERS. 15 THE ARBITRATION AWARD SHALL ADOPT, WITHOUT MODIFICATION, THE 16 FINAL OFFER OF EITHER THE OWNER OR OPERATOR OF THE LANDFILL OR 17 THE HOST COMMUNITY, EXCEPT THAT THE ARBITRATION AWARD SHALL 18 DELETE THOSE ITEMS THAT ARE NOT SUBJECT TO ARBITRATION UNDER THIS 19 SECTION. A COPY OF THE ARBITRATION AWARD SHALL BE SERVED ON BOTH 20 PARTIES. THE ARBITRATION PANEL MAY, AT ITS DISCRETION, MEET WITH 21 1 OR BOTH PARTIES PRIOR TO ISSUING AN ARBITRATION AWARD. 22 (10) IF THE LANDFILL OWNER OR OPERATOR CONSTRUCTS AND OPER- 23 ATES THE FACILITY THAT IS THE SUBJECT OF AN ARBITRATION AWARD 24 UNDER THIS SECTION, THE ARBITRATION AWARD SHALL BE CONSIDERED AN 25 APPROVED HOST COMMUNITY AGREEMENT AND SHALL BE BINDING ON THE 26 LANDFILL OWNER OR OPERATOR, THE HOST COMMUNITY, AND THE 27 DEPARTMENT. 04527'97 28 1 (11) AS USED IN THIS SECTION, "CONTIGUOUS PROPERTY" MEANS 2 THE SAME OR GEOGRAPHICALLY CONTIGUOUS PROPERTY OWNED ON OR BEFORE 3 JANUARY 1, 1996 BY THE SAME PERSON, ITS SUBSIDIARIES, PARENT COR- 4 PORATION, OR AFFILIATES THAT MAY BE DIVIDED BY A PUBLIC OR PRI- 5 VATE RIGHT-OF-WAY. PROPERTY OWNED BY SUCH PERSONS AND CONNECTED 6 BY A RIGHT-OF-WAY WHICH SUCH PERSONS CONTROL AND TO WHICH THE 7 PUBLIC DOES NOT HAVE ACCESS IS ALSO CONTIGUOUS PROPERTY. 8 SEC. 11511D. A MUNICIPAL SOLID WASTE LANDFILL OR A TYPE III 9 LANDFILL THAT IS IN COMPLIANCE WITH THIS PART AND THE RULES 10 PROMULGATED UNDER THIS PART IS NOT SUBJECT TO THE FOLLOWING: 11 (A) THE COUNTY RURAL ZONING ENABLING ACT, 1943 PA 183, MCL 12 125.201 TO 125.232. 13 (B) THE TOWNSHIP RURAL ZONING ACT, 1943 PA 184, MCL 125.271 14 TO 125.301. 15 (C) 1921 PA 207, MCL 125.581 TO 125.592. 16 Sec. 11512. (1) A person shall dispose of solid waste at a 17 disposal area licensed under this part unless a person is permit- 18 ted by state law or rules promulgated by the department to dis- 19 pose of the solid waste at the site of generation. 20 (2) Except as otherwise provided in this section or in sec- 21 tion 11529, a person otherwise allowed under this part to own or 22 operate a solid waste disposal area shall not conduct, manage, 23 maintain, or operate a disposal area within this state without a 24 license from the department,contrary to an approved solid waste25management plan,or contrary to a permit, license, or final 26 order issued under this part. A person who intends to conduct, 27 manage, maintain, or operate a disposal area shall submit a prior 04527'97 29 1 license application to the department through a certified health 2 department on a form provided by the department. If the disposal 3 area is located in a county or city that does not have a certi- 4 fied health department, the application shall be made directly to 5 the department. A person authorized by this part to operate more 6 than 1 type of disposal area at the same facility may apply for a 7 single license. 8 (3) The application for a license shall contain the name and 9 residence of the applicant, the location of the proposed or 10 existing disposal area, the type or types of disposal area pro- 11 posed, evidence of bonding, and other information required by 12 rule. In addition, an applicant for a type II landfill shall 13 submit evidence of financial assurance adequate to meet the 14 requirements of section 11523a, the maximum waste slope in the 15 active portion, an estimate of remaining permitted capacity, and 16 documentation on the amount of waste received at the disposal 17 area during the previous license period or expected to be 18 received, whichever is greater. The application shall be accom- 19 panied by a fee based on the number of years proposed for licen- 20 sure as specified in subsections (7), (9), and (10). 21 (4) At the time of application for a license for a disposal 22 area, the applicant shall submit to a health officer or the 23 department a certification under the seal of a licensed profes- 24 sional engineer verifying that the construction of the disposal 25 area has proceeded according to the approved plans. If construc- 26 tion of the disposal area or a portion of the disposal area is 27 not complete, the department shall require additional 04527'97 30 1 construction certification of that portion of the disposal area 2 during intermediate progression of the operation, as specified in 3 section 11516(4). 4 (5) An applicant for an operating license, within 6 months 5 after a license denial, may resubmit the application, together 6 with additional information or corrections as are necessary to 7 address the reason for denial, without being required to pay an 8 additional application fee. 9 (6) In order to conduct tests and assess operational capa- 10 bilities, the owner or operator of a municipal solid waste incin- 11 erator that is designed to burn at a temperature in excess of 12 2500 degrees Fahrenheit may operate the incinerator without an 13 operating license, upon notice to the department, for a period 14 not to exceed 60 days. 15 (7) The application for a type II landfill operating license 16 shall be accompanied by the following fee for the 2-year term of 17 the operating license, calculated in accordance with 18 subsection (8): 19 (a) Landfills receiving less than 100 tons per day, 20 $250.00. 21 (b) Landfills receiving 100 tons per day or more, but less 22 than 250 tons per day, $1,000.00. 23 (c) Landfills receiving 250 tons per day or more, but less 24 than 500 tons per day, $2,500.00. 25 (d) Landfills receiving 500 tons per day or more, but less 26 than 1,000 tons per day, $5,000.00. 04527'97 31 1 (e) Landfills receiving 1,000 tons per day or more, but less 2 than 1,500 tons per day, $10,000.00. 3 (f) Landfills receiving 1,500 tons per day or more, but less 4 than 3,000 tons per day, $20,000.00. 5 (g) Landfills receiving greater than 3,000 tons per day, 6 $30,000.00. 7 (8) Type II landfill application fees shall be based on the 8 average amount of waste projected to be received daily during the 9 license period. Application fees for license renewals shall be 10 based on the average amount of waste received in the previous 11 calendar year. Application fees shall be adjusted in the follow- 12 ing circumstances: 13 (a) If a landfill accepts more waste than projected, a sup- 14 plemental fee equal to the difference shall be submitted with the 15 next license application. 16 (b) If a landfill accepts less waste than projected, the 17 department shall credit the applicant an amount equal to the dif- 18 ference with the next license application. 19 (c) A type II landfill that measures waste by volume rather 20 than weight shall pay a fee based on 3 cubic yards per ton. 21 (d) A landfill used exclusively for municipal solid waste 22 incinerator ash that measures waste by volume rather than weight 23 shall pay a fee based on 1 cubic yard per ton. 24 (e) If an application is submitted to renew a license more 25 than 1 year prior to license expiration, the department shall 26 credit the applicant an amount equal to 1/2 the application fee. 04527'97 32 1 (f) If an application is submitted to renew a license more 2 than 6 months but less than 1 year prior to license expiration, 3 the department shall credit the applicant an amount equal to 1/4 4 the application fee. 5 (9) The operating license application for a type III land- 6 fill shall be accompanied by a fee equal to $2,500.00. 7 (10) The operating license application for a solid waste 8 processing plant, solid waste transfer facility, other disposal 9 area, or combination of these entities shall be accompanied by a 10 fee equal to $500.00. 11 (11) The department shall deposit operating license applica- 12 tion fees collected under this section in the perpetual care 13 account of the solid waste management fund established in 14 section 11550. 15 (12) A person who applies for an operating license for more 16 than 1 type of disposal area at the same facility shall pay a fee 17 equal to the sum of the applicable application fees listed in 18 this section. 19 Sec. 11516. (1) Subject to subsection (4), the department 20 shall conduct a consistency review and make a final decision on a 21 license application within 90 days after the department receives 22 an administratively complete application. The decision of the 23 department and the reasons for the decision shall be documented 24 in writing with specific reference to this part or rules promul- 25 gated under this part and shall be sent by first-class mail to 26 the clerk of the municipality in which the disposal area is 27 located and to the applicant within 10 days after the final 04527'97 33 1 decision is made. If the department fails to make a final 2 decision within 90 days, the license is considered issued. 3 (2) An operating license shall expire 2 years after the date 4 of issuance. An operating license may be renewed before expira- 5 tion upon payment of a renewal application fee specified in 6 section 11512(8) if the licensee is in compliance with this part 7 and the rules promulgated under this part. 8 (3) The issuance of the operating license under this part 9 empowers the department or a health officer or an authorized rep- 10 resentative of a health officer to enter at any reasonable time, 11 pursuant to law, in or upon private or public property licensed 12 under this part for the purpose of inspecting or investigating 13 conditions relating to the storage, processing, or disposal of 14 any material. 15(4) Except as otherwise provided in this subsection, the16department shall not issue an operating license for a new dis-17posal area within a planning area unless a solid waste management18plan for that planning area has been approved pursuant to19sections 11536 and 11537 and unless the disposal area complies20with and is consistent with the approved solid waste management21plan. The department may issue an operating license for a dis-22posal area designed to receive ashes produced in connection with23the combustion of fossil fuels for electrical power generation in24the absence of an approved county solid waste management plan,25upon receipt of a letter of approval from whichever county or26counties, group of municipalities, or regional planning agency27has prepared or is preparing the county solid waste management04527'97 34 1plan for that planning area under section 11533 and from the2municipality in which the disposal area is to be located.3 (4)(5)Issuance of an operating license by the department 4 authorizes the licensee to accept waste for disposal in certified 5 portions of the disposal area for which a bond was established 6 under section 11523 and, for type II landfills, for which finan- 7 cial assurance was demonstrated under section 11523a. If the 8 construction of a portion of a landfill licensed under this sec- 9 tion is not complete at the time of license application, the 10 owner or operator of the landfill shall submit a certification 11 under the seal of a licensed professional engineer verifying that 12 the construction of that portion of the landfill has proceeded 13 according to the approved plans at least 60 days prior to the 14 anticipated date of waste disposal in that portion of the 15 landfill. If the department does not deny the certification 16 within 60 days of receipt, the owner or operator may accept waste 17 for disposal in the certified portion. In the case of a denial, 18 the department shall, issue a written statement stating the rea- 19 sons why the construction or certification is not consistent with 20 this part or rules promulgated under this part or the approved 21 plans. 22 Sec. 11517. (1) Within 9 months after the completion of 23 construction of a municipal solid waste incinerator, the owner or 24 operator of a municipal solid waste incinerator shall submit a 25 plan to the department for a program that, to the extent practi- 26 cable, reduces the incineration of noncombustible materials and 27 dangerous combustible materials and their hazardous by-products 04527'97 35 1 at the incinerator. The department shall approve or disapprove 2 the plan submitted under this subsection within 30 days after 3 receiving it. In reviewing the plan, the department shall con- 4 sider thecurrent county solid waste management plan,available 5 markets for separated materials, disposal alternatives for the 6 separated materials, and collection practices for handling such 7 separated materials. If the department disapproves a plan, the 8 department shall notify the owner or operator submitting the plan 9 of this fact, and shall provide modifications that, if included, 10 would result in the plan's approval. If the department disap- 11 proves a plan, the owner or operator of a municipal solid waste 12 incinerator shall within 30 days after receipt of the 13 department's disapproval submit a revised plan that addresses all 14 of the modifications provided by the department. The department 15 shall approve or disapprove the revised plan within 30 days after 16 receiving it, and approval of the revised plan shall not be 17 unreasonably withheld. 18 (2) Not later than 6 months after the approval of the plan 19 by the department under subsection (1), the owner or operator 20 shall implement the plan in accordance with the implementation 21 schedule set forth in the plan. The operation of a municipal 22 solid waste incinerator without an approved plan under this sec- 23 tion shall subject the owner or operator, or both, to all of the 24 sanctions provided by this part. 25 Sec. 11519. (1) The department shall specify, in writing, 26 the reasons for denial of a construction permit or an operating 27 license, further specifying those particular sections of this 04527'97 36 1 part or rules promulgated under this part that may be violated by 2 granting the application and the manner in which the violation 3 may occur. 4 (2) The health officer or department may issue a cease and 5 desist order specifying a schedule of closure or remedial action 6 in accordance with this part and rules promulgated under this 7 part or may establish a consent agreement specifying a schedule 8 of closure or remedial action in accordance with this part and 9 rules promulgated under this part to a person who establishes, 10 constructs, conducts, manages, maintains, or operates a disposal 11 area without a permit or license or to a person who holds a 12 permit or license but establishes, constructs, conducts, manages, 13 maintains, or operates a disposal area contrary toan approved14solid waste management plan or contrary tothe permit or license 15 issued under this part. 16 (3) The department may issue a final order revoking, sus- 17 pending, or restricting a permit or license after a contested 18 case hearing as provided in the administrative procedures act of 19 1969,Act No. 306 of the Public Acts of 1969, being sections2024.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, MCL 21 24.201 TO 24.328, if the department finds that the disposal area 22 is not being constructed or operated in accordance withthe23approved plans,the conditions of a permit or license, this 24 part, or the rules promulgated under this part. A final order 25 issued pursuant to this section is subject to judicial review as 26 provided inAct No. 306 of the Public Acts of 1969THE 27 ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 04527'97 37 1 24.328. The department or a health officer shall inspect and 2 file a written report not less than 4 times per year for each 3 licensed disposal area. The department or the health officer 4 shall provide the municipality in which the licensed disposal 5 area is located with a copy of each written inspection report if 6 the municipality arranges with the department or the health offi- 7 cer to bear the expense of duplicating and mailing the reports. 8 (4) The department may issue an order summarily suspending a 9 permit or license if the department determines that a violation 10 of this part or rules promulgated under this part has occurred 11 which, in the department's opinion, constitutes an emergency or 12 poses an imminent risk of injury to the public health or the 13 environment. A determination that a violation poses an imminent 14 risk of injury to the public health shall be made by the 15 department. Summary suspension may be ordered effective on the 16 date specified in the order or upon service of a certified copy 17 of the order on the licensee, whichever is later, and shall 18 remain effective during the proceedings. The proceedings shall 19 be commenced within 7 days of the issuance of the order and shall 20 be promptly determined. 21 Sec. 11529. (1) A disposal area that is a solid waste 22 transfer facility is not subject to the construction permit and 23 operating license requirements of this part if either of the fol- 24 lowing circumstances exists: 25 (a) The solid waste transfer facility is not designed to 26 accept wastes from vehicles with mechanical compaction devices. 04527'97 38 1 (b) The solid waste transfer facility accepts less than 200 2 uncompacted cubic yards per day. 3 (2) A solid waste transfer facility that is exempt from the 4 construction permit and operating license requirements of this 5 part under subsection (1) shall comply with the operating 6 requirements of this part and the rules promulgated under this 7 part. 8 (3) Except as provided in subsection (5), a disposal area 9 that is an incinerator may, but is not required to, comply with 10 the construction permit and operating license requirements of 11 this part if both of the following conditions are met: 12 (a) The operation of the incinerator does not result in the 13 exposure of any solid waste to the atmosphere and the elements. 14 (b) The incinerator has a permit issued under part 55. 15 (4) A disposal area that is an incinerator that does not 16 comply with the construction permit and operating license 17 requirements of this part as permitted in subsection (3) is 18 subject to theplanning provisions of this part and must be19included in the county solid waste management plan for the county20in which the incinerator is locatedHOST COMMUNITY AGREEMENT 21 REQUIREMENTS PROVIDED IN SECTION 11511A. 22 (5) A disposal area that is a municipal solid waste inciner- 23 ator that is designed to burn at a temperature in excess of 2500 24 degrees Fahrenheit is not subject to the construction permit 25 requirements of this part. 26 SEC. 11531A. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS 27 SECTION AND SECTION 11531B, A COUNTY OR A MUNICIPALITY SHALL NOT 04527'97 39 1 ENACT AN ORDINANCE, RULE, REGULATION, OR LAW THAT DIRECTS OR 2 RESTRICTS THE FLOW OF THE SOLID WASTE. EXCEPT AS OTHERWISE PRO- 3 VIDED IN THIS SECTION OR SECTION 11531B, THE PORTION OF AN ORDI- 4 NANCE, RULE, REGULATION, OR LAW THAT VIOLATES THIS SUBSECTION IS 5 VOID. 6 (2) AN ORDINANCE ENACTED PRIOR TO JANUARY 1, 1996 BY A 7 COUNTY OR MUNICIPALITY THAT DIRECTS THE FLOW OF SOLID WASTE GEN- 8 ERATED WITHIN THE COUNTY OR MUNICIPALITY TO A SOLID WASTE MANAGE- 9 MENT FACILITY FINANCED WITH BONDS OF THE COUNTY OR MUNICIPALITY 10 OR OF A PUBLIC SERVICE AUTHORITY SERVING THE COUNTY OR MUNICIPAL- 11 ITY OR AN ORDINANCE ENACTED PRIOR TO JANUARY 1, 1996 WITH RESPECT 12 TO WHICH A COUNTY, MUNICIPALITY, OR PUBLIC SERVICE AUTHORITY 13 ENTERED INTO A WASTE CONTRACT, MAY REMAIN IN EFFECT UNTIL THE 14 BONDS HAVE BEEN PAID IN FULL OR THE TERM OF THE WASTE CONTRACT 15 HAS EXPIRED OR FOR THE REMAINING USEFUL LIFE OF THE FACILITY, 16 WHICHEVER IS SHORTER. 17 (3) NOTWITHSTANDING SUBSECTION (2), AN ORDINANCE DESCRIBED 18 IN SUBSECTION (2) MAY REMAIN IN EFFECT FOR THE REMAINING USEFUL 19 LIFE OF THE FACILITY IF THE COUNTY OR MUNICIPALITY THAT ENACTED 20 THE ORDINANCE RENEWS THAT ORDINANCE BY AN AFFIRMATIVE VOTE OF THE 21 GOVERNING BOARD OF THAT COUNTY OR MUNICIPALITY AT LEAST EVERY 2 22 YEARS. AS USED IN THIS SUBSECTION, REMAINING USEFUL LIFE OF THE 23 FACILITY INCLUDES EXTENDING THE USEFUL LIFE BY EITHER OF THE 24 FOLLOWING: 25 (A) RETROFITTING OF EQUIPMENT OR THE MAKING OF OTHER SIGNIF- 26 ICANT MODIFICATIONS TO MEET APPLICABLE ENVIRONMENTAL REQUIREMENTS 27 OR SAFETY REQUIREMENTS. 04527'97 40 1 (B) REPAIR OR REPLACEMENT OF EQUIPMENT OR COMPONENTS THAT 2 DOES NOT ADD TO THE ORIGINAL DESIGN CAPACITY OF A WASTE MANAGE- 3 MENT FACILITY. 4 (4) AS USED IN THIS SECTION: 5 (A) "PUBLIC SERVICE AUTHORITY" MEANS AN AUTHORITY CREATED 6 UNDER 1947 PA 179, MCL 123.301 TO 123.310. 7 (B) "WASTE CONTRACT" MEANS A CONTRACT BETWEEN A COUNTY OR 8 MUNICIPALITY AND A PUBLIC SERVICE AUTHORITY CONCERNING THE MOVE- 9 MENT OR DELIVERY OF SOLID WASTE GENERATED WITHIN THE JURISDIC- 10 TIONAL BOUNDARIES OF SUCH COUNTY, MUNICIPALITY, OR PUBLIC SERVICE 11 AUTHORITY. 12 SEC. 11531B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS 13 PART, A MUNICIPALITY, TO THE EXTENT ALLOWED BY LAW, MAY PROHIBIT, 14 AT A DISPOSAL AREA WITHIN ITS JURISDICTION, THE DISPOSAL OF SOLID 15 WASTE THAT WAS GENERATED OUTSIDE OF THE STATE. 16 Sec. 11532. (1) Except as provided in subsection (3), a 17 municipality may impose an impact fee of not more than 10 cents 18 per cubic yard on solid waste that is disposed of in a landfill 19 located within the municipality that is utilized by the public 20 and utilized to dispose of solid waste collected from 2 or more 21 persons. However, if the landfill is located within a village, 22 the impact fee provided for in this subsection shall be imposed 23 by the township in agreement with the village. The impact fee 24 shall be assessed uniformly on all wastes accepted for disposal. 25 (2) Except as provided in subsection (3), a municipality may 26 impose an impact fee of not more than 10 cents per cubic yard on 27 municipal solid waste incinerator ash that is disposed of in a 04527'97 41 1 landfill located within the municipality that is utilized to 2 dispose of municipal solid waste incinerator ash. However, if 3 the landfill is located within a village, the impact fee provided 4 for in this subsection shall be imposed by the township in agree- 5 ment with the village. 6 (3)AAS PART OF A HOST COMMUNITY AGREEMENT, A municipal- 7 ity may enter into an agreement with the owner or operator of a 8 landfill to establish a higher impact fee than those provided for 9 in subsections (1) and (2). 10 (4) IN ADDITION TO THE IMPACT FEE PROVIDED IN 11 SUBSECTION (1), (2), OR (3), A COUNTY IN WHICH A LANDFILL 12 DESCRIBED IN SUBSECTION (1) OR (2) IS LOCATED MAY IMPOSE AN 13 IMPACT FEE OF NOT MORE THAN 10 CENTS PER CUBIC YARD OF SOLID 14 WASTE OR MUNICIPAL SOLID WASTE INCINERATOR ASH DISPOSED OF IN THE 15 LANDFILL. MONEY COLLECTED BY A COUNTY PURSUANT TO THIS SECTION 16 SHALL BE USED BY THAT COUNTY ONLY TO ADDRESS IMPACTS OF THE LAND- 17 FILL OR FOR DISTRIBUTION BY THE COUNTY TO MUNICIPALITIES EITHER 18 WITHIN OR OUTSIDE OF THE COUNTY THAT ARE IMPACTED BY THE 19 LANDFILL. 20 (5)(4)The impact fees imposed under this section shall 21 be collected by the owner or operator of a landfill and shall be 22 paid to the COUNTY OR municipality quarterly by the thirtieth day 23 after the end of each calendar quarter. However, the impact fees 24 allowed to be assessed to each landfill underthis section25 SUBSECTION (1), (2), OR (3) shall be reduced by any amount of 26 revenue paid to or available to the municipality from the 27 landfill under the terms of any preexisting agreements, 04527'97 42 1 including, but not limited to, contracts, special use permit 2 conditions, court settlement agreement conditions, and trusts. 3 (6)(5)Unless a trust fund is established by a municipal- 4 ity pursuant to subsection(6)(7), the revenue collected by a 5 municipality under subsections (1) and (2) shall be deposited in 6 its general fund to be used for any purpose that promotes the 7 public health, safety, or welfare of the citizens of the 8 municipality. However, revenue collected pursuant to this sec- 9 tion shall not be used to bring or support a lawsuit or other 10 legal action against an owner or operator of a landfill who is 11 collecting an impact fee pursuant to subsection(4)(5) unless 12 the owner or operator of the landfill has instituted a lawsuit or 13 other legal action against the municipality. 14 (7)(6)The municipality may establish a trust fund to 15 receive revenue collected pursuant to this section. The trust 16 fund shall be administered by a board of trustees. The board of 17 trustees shall consist of the following members: 18 (a) The chief elected official of the municipality creating 19 the trust fund. 20 (b) An individual from the municipality appointed by the 21 governing board of the municipality. 22 (c) An individual approved by the owners or operators of the 23 landfills within the municipality and appointed by the governing 24 board of the municipality. 25 (8)(7)Individuals appointed to serve on the board of 26 trustees under subsection(6)(b)(7)(B) and (c) shall serve for 27 terms of 2 years. 04527'97 43 1 (9)(8)Money in the trust fund may be expended, pursuant 2 to a majority vote of the board of trustees, for any purpose that 3 promotes the public health, safety, or welfare of the citizens of 4 the municipality. However, revenue collected pursuant to this 5 section shall not be used to bring or support a lawsuit or other 6 legal action against an owner or operator of a landfill who is 7 collecting an impact fee pursuant to subsection(4)(5) unless 8 the owner or operator of the landfill has instituted a lawsuit or 9 other legal action against the municipality. 10 (10) AN IMPACT FEE IMPOSED UNDER THIS SECTION BY A MUNICI- 11 PALITY OR COUNTY DOES NOT AFFECT A MUNICIPAL OR COUNTY ORDINANCE 12 THAT IMPOSES A FEE TO FUND SERVICES PROVIDED BY THAT MUNICIPALITY 13 OR COUNTY. 14 Sec. 11533. (1) A COUNTY, OR 2 OR MORE COUNTIES ACTING 15 JOINTLY, MAY PREPARE A SOLID WASTE MANAGEMENT PLAN. Each solid 16 waste management plan shall includean enforceable program and17process to assure that the nonhazardous solid waste generated or18to be generated in the planning area for a period of 10 years or19more is collected and recovered, processed, or disposed of at20disposal areas which comply with state law and rules promulgated21by the department governing location, design, and operation of22the disposal areasTHE BEST AVAILABLE DATA NECESSARY TO MANAGE 23 SOLID WASTE WITHIN THE PLANNING AREA. 24(2) An initial solid waste management plan shall be pre-25pared and approved under this section and shall be submitted to26the director not later than January 5, 1984. Following submittal27of the initial plan, the solid waste management plan shall be04527'97 44 1reviewed and updated every 5 years. An updated plan and an2amendment to a plan shall be prepared and approved as provided in3sections 11533, 11534, 11535, 11536, 11537, and 11537a. The4solid waste management plan shall encompass all municipalities5within the county. The solid waste management plan shall at a6minimum comply with the requirements of sections 11537a and711538. The solid waste management plan shall take into consider-8ation solid waste management plans in contiguous counties and9existing local approved solid waste management plans as they10relate to the county's needs. At a minimum, a county preparing a11solid waste management plan shall consult with the regional plan-12ning agency from the beginning to the completion of the plan.13(3) Not later than July 1, 1981, each county shall file with14the department and with each municipality within the county on a15form provided by the department, a notice of intent, indicating16the county's intent to prepare a county solid waste management17plan or to upgrade an existing plan. The notice shall identify18the designated agency which shall be responsible for preparing19the county solid waste management plan.20 (2)(4)If the county fails tofile a notice of intent21with the department within the prescribed time, the department22immediately shall notify each municipality within the county and23shall request those municipalities to prepare the county solid24waste management plan and shall convene a meeting to discuss the25plan preparation. Within 4 months following notification by the26department, the municipalities shall decide by a majority vote of27the municipalities in the county whether or not to file a notice04527'97 45 1of intent to prepare the county solid waste management plan.2Each municipality in the county shall have 1 vote. If a majority3does not agree, then a notice of intent shall not be filed. The4notice shall identify the designated agency which is responsible5for preparing the county solid waste management plan.PREPARE A 6 SOLID WASTE MANAGEMENT PLAN UNDER SUBSECTION (1), THE MUNICIPALI- 7 TIES WITHIN A COUNTY REPRESENTING 51% OR MORE OF THE TOTAL COUNTY 8 POPULATION MAY JOINTLY PREPARE A SOLID WASTE MANAGEMENT PLAN. 9(5) If the municipalities fail to file a notice of intent10to prepare a county solid waste management plan with the depart-11ment within the prescribed time, the department shall request the12appropriate regional solid waste management planning agency to13prepare the county solid waste management plan. The regional14solid waste management planning agency shall respond within1590 days after the date of the request.16(6) If the regional solid waste management planning agency17declines to prepare a county solid waste management plan, the18department shall prepare the solid waste management plan for the19county and that plan shall be final.20(7) A solid waste management planning agency, upon request21of the department, shall submit a progress report in preparing22its solid waste management plan.23 Sec. 11534. (1) The county executive of a charter county 24 that elects a county executive and that chooses to prepare a 25 solid waste management plan under section 11533 or the county 26 board of commissioners in all other counties choosing to prepare 27an initialA solid waste management plan under section 11533, 04527'97 46 1 or the municipalities preparingan initialA solid waste 2 management plan under section11533(4)11533(2), shall appoint 3 a planning committee to assistthe agency designated to prepare4 IN THE PREPARATION OF the SOLID WASTE MANAGEMENT plan under 5 section 11533.If the county charter provides procedures for6approval by the county board of commissioners of appointments by7the county executive, an appointment under this subsection shall8be subject to that approval. A planning committee appointed pur-9suant to this subsection shall be appointed for terms of 210years. A planning committee appointed pursuant to this subsec-11tion may be reappointed for the purpose of completing the prepa-12ration of the initial solid waste management plan or overseeing13the implementation of the initial plan. Reappointed members of a14planning committee shall serve for terms not to exceed 2 years as15determined by the appointing authority. An initial solid waste16management plan shall only be approved by a majority of the mem-17bers appointed and serving.18 (2) A planning committee appointed pursuant to this section 19 shall consist of14 members. Of the members appointed, 4 shall20 MEMBERS WHO represent the solid waste management industry,221shall representenvironmental interest groups,1 shall22representcounty government,1 shall representcity govern- 23 ment,1 shall representtownship government,1 shall24representthe regional solid waste planning agency,1 shall25representindustrial waste generators, and3 shall represent26 the general public.A member appointed to represent a county,27city, or township government shall be an elected official of that04527'97 47 1government or the designee of that elected official. Vacancies2shall be filled in the same manner as the original appointments.3A member may be removed for nonperformance of duty.4(3) A planning committee appointed pursuant to this section5shall annually elect a chairperson and shall establish procedures6for conducting the committee's activities and for reviewing the7matters to be considered by the committee.8 SEC. 11534A. A COUNTY IS NOT ELIGIBLE TO RECEIVE A GRANT 9 RELATED TO SOLID WASTE MANAGEMENT, SOURCE SEPARATION, OR RECYCL- 10 ING UNLESS THE COUNTY HAS PREPARED OR HAS JOINTLY PREPARED A 11 SOLID WASTE MANAGEMENT PLAN. 12 Sec. 11535.A county or regional solid waste management13planning agencyTHE ENTITY OR ENTITIES preparing a solid waste 14 management plan shall do all of the following: 15 (a) Solicit the advice of and consult periodically during 16 the preparation of the plan with the municipalities, appropriate 17 organizations, and the private sector in the county under section 18 11538(1) and solicit the advice of and consult with the appropri- 19 ate county or regional solid waste management planning agency and 20 adjacent counties and municipalities in adjacent counties which 21 may be significantly affected by the solid waste management plan 22 for a county. 23(b) If a planning committee has been appointed under sec-24tion 11534, prepare the plan with the advice, consultation, and25assistance of the planning committee.26(c) Notify by letter the chief elected official of each27municipality within the county and any other person within the04527'97 48 1county so requesting, not less than 10 days before each public2meeting of the planning agency designated by the county, if that3planning agency plans to discuss the county plan. The letter4shall indicate as precisely as possible the subject matter being5discussed.6 (B)(d)Submit for review a copy of the proposedcounty7or regionalsolid waste management planto the department,to 8 each municipality within the affectedcounty, and to adjacent9counties and municipalities that may be affected by the plan or10that have requested the opportunity to review the plan. The11county plan shall be submitted for review to the designated12regional solid waste management planning agency for that county.13 PLANNING AREA. ReviewingagenciesMUNICIPALITIES shall be 14 allowed an opportunity of not less than 3 months to review and 15 comment on the plan before adoption of the plan by the countyor16a designated regional solid waste management planning agency.17The comments of a reviewing agency shall be submitted with the18plan to the county board of commissioners or to the regional19solid waste management planning agency.OR THE MUNICIPALITIES 20 PREPARING THE PLAN. 21 (C)(e)Publish a notice, at the time the plan is submit- 22 ted for review under subdivision(d)(B), of the availability 23 of the plan for inspection or copying, at cost, by an interested 24 person. 25 (D)(f)Conduct a public hearing on the proposedcounty26 solid waste management plan before formal adoption. A notice 27 shall be published not less than 30 days before a hearing in a 04527'97 49 1 newspaper having a major circulation within the county OR 2 COUNTIES INCLUDED IN THE PLANNING AREA. The notice shall indi- 3 cate a location where copies of the SOLID WASTE MANAGEMENT plan 4 are available for public inspection and shall indicate the time 5 and place of the public hearing. 6 Sec. 11536. (1)A municipality located in 2 counties or7adjacent to a municipality located in another county may request8to be included in the adjacent county's plan. Before the munici-9pality may be included, the request shall be approved by a reso-10lution of the county boards of commissioners of the counties11involved. A municipality may appeal to the department a decision12to exclude it from an adjacent county's plan. If there is an13appeal, the department shall issue a decision within 45 days.14The decision of the department is final. (2) Except as provided15in subsection (3), theTHE county board of commissioners OR IF A 16 SOLID WASTE MANAGEMENT PLAN IS PREPARED UNDER SECTION 11533(2), 17 THE MUNICIPALITIES IN THE COUNTY PREPARING THE SOLID WASTE MAN- 18 AGEMENT PLAN shall formally act on the plan following the public 19 hearing required by section11535(f)11535(C). 20(3) If a planning committee has been appointed by the21county board of commissioners under section 11534(1), the county22board of commissioners, or if a plan is prepared under section2311533(4), the municipalities in the county who voted in favor of24filing a notice of intent to prepare a county solid waste manage-25ment plan, shall take formal action on the plan after the comple-26tion of public hearings and only after the plan has been approved27by a majority of the planning committee as provided in section04527'97 50 111534(1). If the county board of commissioners, or, if a plan is2prepared under section 11533(4), a majority of the municipalities3in the county who voted in favor of filing a notice of intent to4prepare a county solid waste management plan, does or do not5approve the plan as submitted, the plan shall be returned to the6planning committee along with a statement of objections to the7plan. Within 30 days after receipt, the planning committee shall8review the objections and shall return the plan with its9recommendations.10 (2)(4)Following approval UNDER SUBSECTION (1), the 11countySOLID WASTE MANAGEMENT plan shall be approved by the 12 governing bodies of not less than67%66-2/3% of the municipal- 13 ities within each respective county before the plan may take 14 effect. IF THE SOLID WASTE MANAGEMENT PLAN IS PREPARED UNDER 15 SECTION 11533(2), THE PLAN SHALL BE APPROVED BY NOT LESS THAN 16 66-2/3% OF THE GOVERNING BODIES OF THE MUNICIPALITIES WITHIN THE 17 COUNTY. IF A MUNICIPALITY FAILS TO APPROVE OR REJECT THE SOLID 18 WASTE MANAGEMENT PLAN WITHIN 90 DAYS, SUCH FAILURE SHALL BE CON- 19 SIDERED AN APPROVAL. 20(5) A county plan prepared by a regional solid waste man-21agement planning agency shall be approved by the governing bodies22of not less than 67% of the municipalities within each respective23county before the plan may take effect.24(6) If, after the plan has been adopted, the governing25bodies of not less than 67% of the municipalities have not26approved the plan, the department shall prepare a plan for the04527'97 51 1county, including those municipalities that did not approve the2county plan. A plan prepared by the department shall be final.3 (3) UPON APPROVAL UNDER SUBSECTION (2), A SOLID WASTE MAN- 4 AGEMENT PLAN SHALL BE SUBMITTED TO THE DEPARTMENT. 5 (4) AN ENTITY PREPARING A SOLID WASTE MANAGEMENT PLAN UNDER 6 THIS PART SHALL UPDATE THAT PLAN EVERY 5 YEARS TO REFLECT CHANGES 7 IN DATA. 8 Sec. 11538.(1) Not later than September 11, 1979, the9director shall promulgate rules for the development, form, and10submission of initial solid waste management plans. The rules11shall requireA SOLID WASTE MANAGEMENT PLAN PREPARED PURSUANT TO 12 THIS PART SHALL INCLUDE all of the following: 13 (a) The establishment of goals and objectives for prevention 14 of adverse effects on the public health and on the environment 15 resulting from improper solid waste collection, processing, or 16 disposal including protection of surface and groundwater quality, 17 air quality, and the land. 18 (b) An evaluation AND CHARACTERIZATION of wasteproblems19 STREAMS by type and volume, including residential and commercial 20 solid waste, HOUSEHOLD hazardous waste, industrial sludges, pre- 21 treatment residues, municipal sewage sludge, air pollution con- 22 trol residue, and other wastes from industrial or municipal 23 sources. 24(c) An evaluation and selection of technically and economi-25cally feasible solid waste management options, which may include26sanitary landfill, resource recovery systems, resource27conservation, or a combination of options.04527'97 52 1 (C)(d)An inventory and description of all existing 2 facilities where solid waste is being treated, processed, or dis- 3 posed of, including COMPOSTING AND RECYCLING FACILITIES AND a 4 summary ofthe deficiencies, if any, of the facilities in meet-5ing current solid waste management needsCAPACITY. 6(e) The encouragement and documentation as part of the7plan, of all opportunities for participation and involvement of8the public, all affected agencies and parties, and the private9sector.10(f) That the plan contain enforceable mechanisms for imple-11menting the plan, including identification of the municipalities12within the county responsible for the enforcement. This subdivi-13sion does not preclude the private sector's participation in pro-14viding solid waste management services consistent with the county15plan.16 (D) PUBLIC EDUCATION EFFORTS CONCERNING SOLID WASTE DISPOSAL 17 ALTERNATIVES. 18 (E)(g)Current and projected population densities of each 19 county and identification of population centers and centers of 20 solid waste generation, including industrial wastes. 21 (F) AN ANALYSIS OR EVALUATION OF THE BEST AVAILABLE INFORMA- 22 TION APPLICABLE TO THE PLAN AREA IN REGARD TO RECYCLABLE MATERI- 23 ALS AND COMPOSTING. 24(h) That the plan area has, and will have during the plan25period, access to a sufficient amount of available and suitable26land, accessible to transportation media, to accommodate the04527'97 53 1development and operation of solid waste disposal areas, or2resource recovery facilities provided for in the plan.3(i) That the solid waste disposal areas or resource recov-4ery facilities provided for in the plan are capable of being5developed and operated in compliance with state law and rules of6the department pertaining to protection of the public health and7the environment, considering the available land in the plan area,8and the technical feasibility of, and economic costs associated9with, the facilities.10(j) A timetable or schedule for implementing the county11solid waste management plan.12(2) Each solid waste management plan shall identify specific13sites for solid waste disposal areas for a 5-year period after14approval of a plan or plan update. In calculating disposal need15requirements to measure compliance with this section, only those16existing waste stream volume reduction levels achieved through17source reduction, reuse, composting, recycling, or incineration,18or any combination of these reduction devices, that can currently19be demonstrated or that can be reasonably expected to be achieved20through currently active implementation efforts for proposed21volume reduction projects, may be assumed by the planning22entity. In addition, if the solid waste management plan does not23also identify specific sites for solid waste disposal areas for24the remaining portion of the entire planning period required by25this part after approval of a plan or plan update, the solid26waste management plan shall include an interim siting mechanism27and an annual certification process as described in subsections04527'97 54 1(3) and (4). In calculating the capacity of identified disposal2areas to determine if disposal needs are met for the entire3required planning period, full achievement of the solid waste4management plan's volume reduction goals may be assumed by the5planning entity if the plan identifies a detailed programmatic6approach to achieving these goals. If a siting mechanism is not7included, and disposal capacity falls to less than 5 years of8capacity, a county shall amend its plan to resolve the9shortfall.10(3) An interim siting mechanism shall include both a process11and a set of minimum siting criteria, both of which are not12subject to interpretation or discretionary acts by the planning13entity, and which if met by an applicant submitting a disposal14area proposal, will guarantee a finding of consistency with the15plan. The interim siting mechanism shall be operative upon the16call of the board of commissioners or shall automatically be17operative whenever the annual certification process shows that18available disposal capacity will provide for less than 66 months19of disposal needs. In the latter event, applications for a find-20ing of consistency from the proposers of disposal area capacity21will be received by the planning agency commencing on January 122following completion of the annual certification process. Once23operative, an interim siting mechanism will remain operative for24at least 90 days or until more than 66 months of disposal capac-25ity is once again available, either by the approval of a request26for consistency or by the adoption of a new annual certification04527'97 55 1process which concludes that more than 66 months of disposal2capacity is available.3(4) An annual certification process shall be concluded by4June 30 of each year, commencing on the first June 30 which is5more than 12 months after the department's approval of the plan6or plan update. The certification process will examine the7remaining disposal area capacity available for solid wastes gen-8erated within the planning area. In calculating disposal need9requirements to measure compliance with this section, only those10existing waste stream volume reduction levels achieved through11source reduction, reuse, composting, recycling, or incineration,12or any combination of these reduction devices, that can currently13be demonstrated or that can be reasonably expected to be achieved14through currently active implementation efforts for proposed15volume reduction projects, may be assumed. The annual certifica-16tion of disposal capacity shall be approved by the board of17commissioners. Failure to approve an annual certification by18June 30 is equivalent to a finding that less than a sufficient19amount of capacity is available and the interim siting mechanism20will then be operative on the first day of the following21January. As part of the department's responsibility to act on22construction permit applications, the department has final deci-23sion authority to approve or disapprove capacity certifications24and to determine consistency of a proposed disposal area with the25solid waste management plan.26(5) A board of commissioners may adopt a new certification27of disposal capacity at any time. A new certification of04527'97 56 1disposal capacity shall supersede all previous certifications,2and become effective 30 days after adoption by the board of com-3missioners and remain in effect until subsequent certifications4are adopted.5(6) In order for a disposal area to serve the disposal needs6of another county, state, or country, the service, including the7disposal of municipal solid waste incinerator ash, must be8explicitly authorized in the approved solid waste management plan9of the receiving county. With regard to intercounty service10within Michigan, the service must also be explicitly authorized11in the exporting county's solid waste management plan.12(7) A person shall not dispose of, store, or transport solid13waste in this state unless the person complies with the require-14ments of this part.15(8) Following approval by the director of a county solid16waste management plan and after July 1, 1981, an ordinance, law,17rule, regulation, policy, or practice of a municipality, county,18or governmental authority created by statute, which prohibits or19regulates the location or development of a solid waste disposal20area, and which is not part of or not consistent with the21approved solid waste management plan for the county, shall be22considered in conflict with this part and shall not be23enforceable.24 SEC. 11551. ADMINISTRATIVE RULES R 299.4112(1)(B) AND 25 R 299.4711(E)(iii)(C) OF THE MICHIGAN ADMINISTRATIVE CODE ARE 26 RESCINDED. 04527'97 57 1 Enacting section 1. Sections 11513, 11524, 11531, 11537, 2 11537a, 11539, 11539a, 11541, and 11547 of the natural resources 3 and environmental protection act, 1994 PA 451, MCL 324.11513, 4 324.11524, 324.11531, 324.11537, 324.11537a, 324.11539, 5 324.11539a, 324.11541, and 324.11547, are repealed. 04527'97 Final page. JCB