HOUSE BILL No. 5192 December 9, 1999, Introduced by Reps. Ruth Johnson and Allen and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11512 (MCL 324.11512), as amended by 1996 PA 358. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11512. (1) A person shall dispose of solid waste at a 2 disposal area licensed under this part unless a person is permit- 3 ted by state law or rules promulgated by the department to dis- 4 pose of the solid waste at the site of generation. 5 (2) Except as otherwise provided in this section or in sec- 6 tion 11529, a person otherwise allowed under this part to own or 7 operate a solid waste disposal area shall not conduct, manage, 8 maintain, or operate a disposal area within this state without a 9 license from the department, contrary to an approved solid waste 10 management plan, CONTRARY TO A JUDICIAL DETERMINATION, or 05007'99 JCB 2 1 contrary to a permit, license, or final order issued under this 2 part. A person who intends to conduct, manage, maintain, or 3 operate a disposal area shall submit a prior license application 4 to the department through a certified health department on a form 5 provided by the department. If the disposal area is located in a 6 county or city that does not have a certified health department, 7 the application shall be made directly to the department. A 8 person authorized by this part to operate more than 1 type of 9 disposal area at the same facility may apply for a single 10 license. 11 (3) The application for a license shall contain the name and 12 residence of the applicant, the location of the proposed or 13 existing disposal area, the type or types of disposal area pro- 14 posed, evidence of bonding, and other information required by 15ruleRULES PROMULGATED UNDER THIS PART. In addition, an appli- 16 cant for a type II landfill shall submit evidence of financial 17 assurance adequate to meet the requirements of section 11523a, 18 the maximum waste slope in the active portion, an estimate of 19 remaining permitted capacity, and documentation on the amount of 20 waste received at the disposal area during the previous license 21 period or expected to be received, whichever is greater. The 22 application shall be accompanied by a fee based on the number of 23 years proposed for licensure.as specified in subsections (7),24(9), and (10).25 (4) At the time of application for a license for a disposal 26 area, the applicant shall submit to a health officer or the 27 department a certification under the seal of a licensed 05007'99 3 1 professional engineer verifying that the construction of the 2 disposal area has proceeded according to the approved plans. If 3 construction of the disposal area or a portion of the disposal 4 area is not complete, the department shall require additional 5 construction certification of that portion of the disposal area 6 during intermediate progression of the operation, as specified in 7 section 11516(4). 8 (5) An applicant for an operating license, within 6 months 9 after a license denial, may resubmit the application, together 10 with additional information or corrections as are necessary to 11 address the reason for denial, without being required to pay an 12 additional application fee. 13 (6) In order to conduct tests and assess operational capa- 14 bilities, the owner or operator of a municipal solid waste incin- 15 erator that is designed to burn at a temperature in excess of 16 2500 degrees Fahrenheit may operate the incinerator without an 17 operating license, upon notice to the department, for a period 18 not to exceed 60 days. 19 (7) The application for a type II landfill operating license 20 shall be accompanied by the following fee for the 2-year term of 21 the operating license, calculated in accordance with 22 subsection (8): 23 (a) Landfills receiving less than 100 tons per day, 24 $250.00. 25 (b) Landfills receiving 100 tons per day or more, but less 26 than 250 tons per day, $1,000.00. 05007'99 4 1 (c) Landfills receiving 250 tons per day or more, but less 2 than 500 tons per day, $2,500.00. 3 (d) Landfills receiving 500 tons per day or more, but less 4 than 1,000 tons per day, $5,000.00. 5 (e) Landfills receiving 1,000 tons per day or more, but less 6 than 1,500 tons per day, $10,000.00. 7 (f) Landfills receiving 1,500 tons per day or more, but less 8 than 3,000 tons per day, $20,000.00. 9 (g) Landfills receiving greater than 3,000 tons per day, 10 $30,000.00. 11 (8) Type II landfill application fees shall be based on the 12 average amount of waste projected to be received daily during the 13 license period. Application fees for license renewals shall be 14 based on the average amount of waste received in the previous 15 calendar year. Application fees shall be adjusted in the follow- 16 ing circumstances: 17 (a) If a landfill accepts more waste than projected, a sup- 18 plemental fee equal to the difference shall be submitted with the 19 next license application. 20 (b) If a landfill accepts less waste than projected, the 21 department shall credit the applicant an amount equal to the dif- 22 ference with the next license application. 23 (c) A type II landfill that measures waste by volume rather 24 than weight shall pay a fee based on 3 cubic yards per ton. 25 (d) A landfill used exclusively for municipal solid waste 26 incinerator ash that measures waste by volume rather than weight 27 shall pay a fee based on 1 cubic yard per ton. 05007'99 5 1 (e) If an application is submitted to renew a license more 2 than 1 year prior to license expiration, the department shall 3 credit the applicant an amount equal to 1/2 the application fee. 4 (f) If an application is submitted to renew a license more 5 than 6 months but less than 1 year prior to license expiration, 6 the department shall credit the applicant an amount equal to 1/4 7 the application fee. 8 (9) The operating license application for a type III land- 9 fill shall be accompanied by a fee equal to $2,500.00. 10 (10) The operating license application for a solid waste 11 processing plant, solid waste transfer facility, other disposal 12 area, or combination of these entities shall be accompanied by a 13 fee equal to $500.00. 14 (11) The department shall deposit operating license applica- 15 tion fees collected under this section in the perpetual care 16 account of the solid waste management fund established in 17 section 11550. 18 (12) A person who applies for an operating license for more 19 than 1 type of disposal area at the same facility shall pay a fee 20 equal to the sum of the applicable application fees listed in 21 this section. 05007'99 Final page. 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