HOUSE BILL No. 6288 November 10, 1998, Introduced by Rep. Kukuk 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 11509, 11510, 11511, 11512, 11516, and 11532 (MCL 324.11509, 324.11510, 324.11511, 324.11512, 324.11516, and 324.11532), sections 11509, 11510, 11511, 11512, and 11516 as amended by 1996 PA 358. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11509. (1) Except as otherwise provided in section 2 11529, a person otherwise allowed under this part to own or oper- 3 ate a solid waste disposal area shall not establish a disposal 4 area without a construction permit from the department, contrary 5 to an approved solid waste management plan,orcontrary to a 6 permit, license, or final order issued pursuant to this part, OR 7 CONTRARY TO A RESOLUTION OF THE GOVERNING BODY OF THE 8 MUNICIPALITY IN WHICH THE DISPOSAL AREA IS PROPOSED. A person 00297'97 JCB 2 1 proposing the establishment of a disposal area shall apply for a 2 construction permit to the department through the health officer 3 on a form provided by the department. If the disposal area is 4 located in a county or city that does not have a certified health 5 department, the application shall be made directly to the 6 department. 7 (2) The application for a construction permit shall contain 8 the name and residence of the applicant, the location of the pro- 9 posed disposal area, the design capacity of the disposal area, 10 and other information specified by rule. A person may apply to 11 construct more than 1 type of disposal area at the same facility 12 under a single permit. The application shall be accompanied by 13 an engineering plan,anda construction permit application fee, 14 AND A RESOLUTION BY THE GOVERNING BODY OF THE MUNICIPALITY IN 15 WHICH THE DISPOSAL AREA IS PROPOSED THAT GIVES PRELIMINARY 16 APPROVAL TO THE SITING OF THE PROPOSED DISPOSAL AREA. A con- 17 struction application permit for a landfill shall be accompanied 18 by a fee in an amount that is the sum of all of the applicable 19 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: 00297'97 3 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 00297'97 4 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. 11510. (1) Before the submission of a construction 20 permit application for a new disposal area, the applicant shall 21 request a health officer or the department to provide an advisory 22 analysis of the proposed disposal area. However, the applicant, 23 not less than 15 days after the request, and notwithstanding an 24 analysis result, may file an application for a construction 25 permit. IN ADDITION, BEFORE THE SUBMISSION OF A CONSTRUCTION 26 PERMIT APPLICATION FOR A NEW DISPOSAL AREA, THE APPLICANT SHALL 27 OBTAIN A RESOLUTION BY THE GOVERNING BODY OF THE MUNICIPALITY IN 00297'97 5 1 WHICH THE DISPOSAL AREA IS PROPOSED THAT GIVES PRELIMINARY 2 APPROVAL TO THE SITING OF THE PROPOSED DISPOSAL AREA. 3 (2) Upon receipt of a construction permit application, the 4 department shall do all of the following: 5 (a) Immediately notify the clerk of the municipality in 6 which the disposal area is located or proposed to be located, the 7 local soil erosion and sedimentation control agency, each divi- 8 sion within the department and the department of natural 9 resources that has responsibilities in land, air, or water man- 10 agement, and the designated regional solid waste management plan- 11 ning agency. 12 (b) Publish a notice in a newspaper having major circulation 13 in the vicinity of the proposed disposal area. The required pub- 14 lished notice shall contain a map indicating the location of the 15 proposed disposal area and shall contain a description of the 16 proposed disposal area and the location where the complete appli- 17 cation package may be reviewed and where copies may be obtained. 18 (c) Indicate in the public, departmental, and municipality 19 notice that the department shall hold a public hearing in the 20 area of the proposed disposal area if a written request is sub- 21 mitted by the applicant or a municipality within 30 days after 22 the date of publication of the notice, or by a petition submitted 23 to the department containing a number of signatures equal to not 24 less than 10% of the number of registered voters of the munici- 25 pality where the proposed disposal area is to be located who 26 voted in the last gubernatorial election. The petition shall be 27 validated by the clerk of the municipality. The public hearing 00297'97 6 1 shall be held after the department makes a preliminary review of 2 the application and all pertinent data and before a construction 3 permit is issued or denied. 4 (d) Conduct a consistency review of the plans of the pro- 5 posed disposal area to determine if it complies with this part 6 and the rules promulgated under this part. The review shall be 7 made by persons qualified in hydrogeology and sanitary landfill 8 engineering. A written acknowledgment that the application pack- 9 age is in compliance with the requirements of this part and rules 10 promulgated under this part by the persons qualified in hydro- 11 geology and sanitary landfill engineering shall be received 12 before a construction permit is issued. If the consistency 13 review of the site and the plans and the application meet the 14 requirements of this part and the rules promulgated under this 15 part AND THE GOVERNING BODY OF THE MUNICIPALITY PASSES A RESOLU- 16 TION APPROVING THE ISSUANCE OF A CONSTRUCTION PERMIT, the depart- 17 ment shall issue a construction permit that may contain a stipu- 18 lation specifically applicable to the site and operation. Except 19 as otherwise provided in section 11542, an expansion of the area 20 of a disposal area, an enlargement in capacity of a disposal 21 area, or an alteration of a disposal area to a different type of 22 disposal area than had been specified in the previous construc- 23 tion permit application constitutes a new proposal for which a 24 new construction permit is required. The upgrading of a disposal 25 area type required by the department to comply with this part or 26 the rules promulgated under this part or to comply with a consent 27 order does not require a new construction permit. 00297'97 7 1 (e) Notify the Michigan aeronautics commission if the 2 disposal area is a sanitary landfill proposed to be located 3 within 10,000 feet of a runway or a proposed runway extension 4 contained in a plan approved by the Michigan aeronautics commis- 5 sion of an airport licensed and regulated by the Michigan aero- 6 nautics commission. The department shall make a copy of the 7 application available to the Michigan aeronautics commission. 8 If, after a period of time for review and comment not to exceed 9 60 days, the Michigan aeronautics commission informs the depart- 10 ment that it finds that operation of the proposed disposal area 11 would present a potential hazard to air navigation and presents 12 the basis for its findings, the department may either recommend 13 appropriate changes in the location, construction, or operation 14 of the proposed disposal area or deny the application for a con- 15 struction permit. The department shall give an applicant an 16 opportunity to rebut a finding of the Michigan aeronautics com- 17 mission that the operation of a proposed disposal area would 18 present a potential hazard to air navigation. 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 00297'97 8 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 IF THE MUNICIPALITY IN WHICH 4 THE DISPOSAL FACILITY IS PROPOSED DOES NOT OBJECT. 5 (2) A construction permit shall expire 1 year after the date 6 of issuance, unless development under the construction permit is 7 initiated within that year. A construction permit that has 8 expired may be renewed upon payment of a permit renewal fee and 9 submission of any additional information the department may 10 require. 11 (3) Except as otherwise provided in this subsection, the 12 department shall not issue a construction permit for a disposal 13 area within a planning area unless a solid waste management plan 14 for that planning area has been approved pursuant to sections 15 11536 and 11537 and unless the disposal area complies with and is 16 consistent with the approved solid waste management plan. The 17 department may issue a construction permit for a disposal area 18 designed to receive ashes produced in connection with the combus- 19 tion of fossil fuels for electrical power generation in the 20 absence of an approved county solid waste management plan, upon 21 receipt of a letter of approval from whichever county or coun- 22 ties, group of municipalities, or regional planning agency has 23 prepared or is preparing the county solid waste management plan 24 for that planning area under section 11533 and from the munici- 25 pality in which the disposal area is to be located. 26 Sec. 11512. (1) A person shall dispose of solid waste at a 27 disposal area licensed under this part unless a person is 00297'97 9 1 permitted by state law or rules promulgated by the department to 2 dispose of the solid waste at the site of generation. 3 (2) Except as otherwise provided in this section or in sec- 4 tion 11529, a person otherwise allowed under this part to own or 5 operate a solid waste disposal area shall not conduct, manage, 6 maintain, or operate a disposal area within this state without a 7 license from the department, contrary to an approved solid waste 8 management plan,orcontrary to a permit, license, or final 9 order issued under this part, OR CONTRARY TO A RESOLUTION OF THE 10 GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE DISPOSAL AREA IS 11 PROPOSED. A person who intends to conduct, manage, maintain, or 12 operate a disposal area shall submit a prior license application 13 to the department through a certified health department on a form 14 provided by the department. If the disposal area is located in a 15 county or city that does not have a certified health department, 16 the application shall be made directly to the department. A 17 person authorized by this part to operate more than 1 type of 18 disposal area at the same facility may apply for a single 19 license. 20 (3) The application for a license shall contain the name and 21 residence of the applicant, the location of the proposed or 22 existing disposal area, the type or types of disposal area pro- 23 posed, evidence of bonding, and other information required by 24 rule. In addition, an applicant for a type II landfill shall 25 submit evidence of financial assurance adequate to meet the 26 requirements of section 11523a, the maximum waste slope in the 27 active portion, an estimate of remaining permitted capacity, and 00297'97 10 1 documentation on the amount of waste received at the disposal 2 area during the previous license period or expected to be 3 received, whichever is greater. The application shall be accom- 4 panied by a fee based on the number of years proposed for licen- 5 sure as specified in subsections (7), (9), and (10), AND A RESO- 6 LUTION BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE 7 DISPOSAL AREA IS PROPOSED STATING THAT THE DISPOSAL AREA IS 8 APPROVED BY THE GOVERNING BODY. 9 (4) At the time of application for a license for a disposal 10 area, the applicant shall submit to a health officer or the 11 department a certification under the seal of a licensed profes- 12 sional engineer verifying that the construction of the disposal 13 area has proceeded according to the approved plans. If construc- 14 tion of the disposal area or a portion of the disposal area is 15 not complete, the department shall require additional construc- 16 tion certification of that portion of the disposal area during 17 intermediate progression of the operation, as specified in 18 section 11516(4). 19 (5) An applicant for an operating license, within 6 months 20 after a license denial, may resubmit the application, together 21 with additional information or corrections as are necessary to 22 address the reason for denial, without being required to pay an 23 additional application fee. 24 (6) In order to conduct tests and assess operational capa- 25 bilities, the owner or operator of a municipal solid waste incin- 26 erator that is designed to burn at a temperature in excess of 27 2500 degrees Fahrenheit may operate the incinerator without an 00297'97 11 1 operating license, upon notice to the department, for a period 2 not to exceed 60 days. 3 (7) The application for a type II landfill operating license 4 shall be accompanied by the following fee for the 2-year term of 5 the operating license, calculated in accordance with 6 subsection (8): 7 (a) Landfills receiving less than 100 tons per day, 8 $250.00. 9 (b) Landfills receiving 100 tons per day or more, but less 10 than 250 tons per day, $1,000.00. 11 (c) Landfills receiving 250 tons per day or more, but less 12 than 500 tons per day, $2,500.00. 13 (d) Landfills receiving 500 tons per day or more, but less 14 than 1,000 tons per day, $5,000.00. 15 (e) Landfills receiving 1,000 tons per day or more, but less 16 than 1,500 tons per day, $10,000.00. 17 (f) Landfills receiving 1,500 tons per day or more, but less 18 than 3,000 tons per day, $20,000.00. 19 (g) Landfills receiving greater than 3,000 tons per day, 20 $30,000.00. 21 (8) Type II landfill application fees shall be based on the 22 average amount of waste projected to be received daily during the 23 license period. Application fees for license renewals shall be 24 based on the average amount of waste received in the previous 25 calendar year. Application fees shall be adjusted in the follow- 26 ing circumstances: 00297'97 12 1 (a) If a landfill accepts more waste than projected, a 2 supplemental fee equal to the difference shall be submitted with 3 the next license application. 4 (b) If a landfill accepts less waste than projected, the 5 department shall credit the applicant an amount equal to the dif- 6 ference with the next license application. 7 (c) A type II landfill that measures waste by volume rather 8 than weight shall pay a fee based on 3 cubic yards per ton. 9 (d) A landfill used exclusively for municipal solid waste 10 incinerator ash that measures waste by volume rather than weight 11 shall pay a fee based on 1 cubic yard per ton. 12 (e) If an application is submitted to renew a license more 13 than 1 year prior to license expiration, the department shall 14 credit the applicant an amount equal to 1/2 the application fee. 15 (f) If an application is submitted to renew a license more 16 than 6 months but less than 1 year prior to license expiration, 17 the department shall credit the applicant an amount equal to 1/4 18 the application fee. 19 (9) The operating license application for a type III land- 20 fill shall be accompanied by a fee equal to $2,500.00. 21 (10) The operating license application for a solid waste 22 processing plant, solid waste transfer facility, other disposal 23 area, or combination of these entities shall be accompanied by a 24 fee equal to $500.00. 25 (11) The department shall deposit operating license applica- 26 tion fees collected under this section in the perpetual care 00297'97 13 1 account of the solid waste management fund established in 2 section 11550. 3 (12) A person who applies for an operating license for more 4 than 1 type of disposal area at the same facility shall pay a fee 5 equal to the sum of the applicable application fees listed in 6 this section. 7 Sec. 11516. (1) Subject to subsection (4), the department 8 shall conduct a consistency review and make a final decision on a 9 license application within 90 days after the department receives 10 an administratively complete application. The decision of the 11 department and the reasons for the decision shall be documented 12 in writing with specific reference to this part or rules promul- 13 gated under this part and shall be sent by first-class mail to 14 the clerk of the municipality in which the disposal area is 15 located and to the applicant within 10 days after the final deci- 16 sion is made. If the department fails to make a final decision 17 within 90 days, the license is considered issued IF THE MUNICI- 18 PALITY IN WHICH THE DISPOSAL FACILITY IS PROPOSED DOES NOT 19 OBJECT. 20 (2) An operating license shall expire 2 years after the date 21 of issuance. An operating license may be renewed before expira- 22 tion upon payment of a renewal application fee specified in 23 section 11512(8) if the licensee is in compliance with this part 24 and the rules promulgated under this part. 25 (3) The issuance of the operating license under this part 26 empowers the department or a health officer or an authorized 27 representative of a health officer to enter at any reasonable 00297'97 14 1 time, pursuant to law, in or upon private or public property 2 licensed under this part for the purpose of inspecting or inves- 3 tigating conditions relating to the storage, processing, or dis- 4 posal of any material. 5 (4) Except as otherwise provided in this subsection, the 6 department shall not issue an operating license for a new dis- 7 posal area within a planning area unless a solid waste management 8 plan for that planning area has been approved pursuant to 9 sections 11536 and 11537 and unless the disposal area complies 10 with and is consistent with the approved solid waste management 11 plan. The department may issue an operating license for a dis- 12 posal area designed to receive ashes produced in connection with 13 the combustion of fossil fuels for electrical power generation in 14 the absence of an approved county solid waste management plan, 15 upon receipt of a letter of approval from whichever county or 16 counties, group of municipalities, or regional planning agency 17 has prepared or is preparing the county solid waste management 18 plan for that planning area under section 11533 and from the 19 municipality in which the disposal area is to be located. 20 (5) Issuance of an operating license by the department 21 authorizes the licensee to accept waste for disposal in certified 22 portions of the disposal area for which a bond was established 23 under section 11523 and, for type II landfills, for which finan- 24 cial assurance was demonstrated under section 11523a. If the 25 construction of a portion of a landfill licensed under this sec- 26 tion is not complete at the time of license application, the 27 owner or operator of the landfill shall submit a certification 00297'97 15 1 under the seal of a licensed professional engineer verifying that 2 the construction of that portion of the landfill has proceeded 3 according to the approved plans at least 60 days prior to the 4 anticipated date of waste disposal in that portion of the 5 landfill. If the department does not deny the certification 6 within 60 days of receipt, the owner or operator may accept waste 7 for disposal in the certified portion. In the case of a denial, 8 the department shall, issue a written statement stating the rea- 9 sons why the construction or certification is not consistent with 10 this part or rules promulgated under this part or the approved 11 plans. 12 Sec. 11532. (1)Except as provided in subsection (3), aA 13 municipality may impose an impact feeof not more than 10 cents14perIN AN AMOUNT THAT IS NEGOTIATED AND AGREED UPON BETWEEN THE 15 MUNICIPALITY AND THE OWNER OR OPERATOR OF THE LANDFILL OR INCIN- 16 ERATOR ON EACH cubic yardonOF solid waste that is disposed of 17in a landfill locatedOR INCINERATED within the municipality AT 18 A LANDFILL OR INCINERATOR that is utilized by the public and uti- 19 lized to dispose of OR INCINERATE solid waste collected from 2 or 20 more persons. However, if the landfill OR INCINERATOR is located 21 within a village, the impact fee provided for in this subsection 22 shall be imposed by the township in agreement with the village. 23 The impact fee shall be assessed uniformly on all wastes accepted 24 for disposal OR INCINERATION. 25(2) Except as provided in subsection (3), a municipality26may impose an impact fee of not more than 10 cents per cubic yard27on municipal solid waste incinerator ash that is disposed of in a00297'97 16 1landfill located within the municipality that is utilized to2dispose of municipal solid waste incinerator ash. However, if3the landfill is located within a village, the impact fee provided4for in this subsection shall be imposed by the township in agree-5ment with the village.6(3) A municipality may enter into an agreement with the7owner or operator of a landfill to establish a higher impact fee8than those provided for in subsections (1) and (2).9 (2)(4)The impactfeesFEE imposed under this section 10 shall be collected by the owner or operator of a landfill OR 11 INCINERATOR and shall be paid to the municipality quarterly by 12 the thirtieth day after the end of each calendar quarter. 13 However, the impactfeesFEE allowed to be assessed to each 14 landfill OR INCINERATOR under this section shall be reduced by 15 any amount of revenue paid to or available to the municipality 16 from the landfill OR INCINERATOR under the terms of any preexist- 17 ing agreements, including, but not limited to, contracts, special 18 use permit conditions, court settlement agreement conditions, and 19 trusts. 20 (3)(5)Unless a trust fund is established by a municipal- 21 ity pursuant to subsection(6)(4), the revenue collected by a 22 municipality undersubsections (1) and (2)SUBSECTION (1) shall 23 be deposited in its general fund to be used for any purpose that 24 promotes the public health, safety, or welfare of the citizens of 25 the municipality.However, revenue collected pursuant to this26section shall not be used to bring or support a lawsuit or other27legal action against an owner or operator of a landfill who is00297'97 17 1collecting an impact fee pursuant to subsection (4) unless the2owner or operator of the landfill has instituted a lawsuit or3other legal action against the municipality.4 (4)(6) TheA municipality may establish a trust fund to 5 receive revenue collected pursuant to this section. The trust 6 fund shall be administered by a board of trustees. The board of 7 trustees shall consist of the following members: 8 (a) The chief elected official of the municipality creating 9 the trust fund. 10 (b) An individual from the municipality appointed by the 11 governing board of the municipality. 12 (c) An individual approved by the owners or operators of 13thelandfills OR INCINERATORS within the municipality and 14 appointed by the governing board of the municipality. 15 (5)(7)Individuals appointed to serve on the board of 16 trustees under subsection(6) (b)(4)(B) and (c) shall serve 17 for terms of 2 years. 18 (6)(8)Money in the trust fund may be expended, pursuant 19 to a majority vote of the board of trustees, for any purpose that 20 promotes the public health, safety, or welfare of the citizens of 21 the municipality.However, revenue collected pursuant to this22section shall not be used to bring or support a lawsuit or other23legal action against an owner or operator of a landfill who is24collecting an impact fee pursuant to subsection (4) unless the25owner or operator of the landfill has instituted a lawsuit or26other legal action against the municipality.00297'97 18 1 (7) IF A MUNICIPALITY AND THE OWNER OR OPERATOR OF A 2 LANDFILL OR INCINERATOR CANNOT REACH AN AGREEMENT ON THE AMOUNT 3 OF AN IMPACT FEE THAT IS SUFFICIENT TO ENABLE A MUNICIPALITY TO 4 ADDRESS IMPACTS CAUSED BY THE DISPOSAL FACILITY WITHIN ITS BOUND- 5 ARIES AND IS REASONABLE IN LIGHT OF THE OPERATIONAL EXPENSES OF 6 THE FACILITY, THE PARTIES SHALL SUBMIT THE UNRESOLVED MATTER TO 7 BINDING ARBITRATION UNDER THE RULES AND PROCEDURES OF THE 8 AMERICAN ARBITRATION ASSOCIATION. 00297'97 Final page. JCB