November 8, 2005, Introduced by Reps. Gaffney, Accavitti, Gleason, Stewart and Ward and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11511a (MCL 324.11511a), as added by 2004 PA
38; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11511a. (1) Notwithstanding any other provision of this
part, and except as otherwise provided in this section, the
department shall not issue a permit to construct a landfill if the
administratively complete application for such permit was received
after
January 1, 2004 and before January 1, 2006 2010.
(2) The department may issue a permit for a design
modification to an existing landfill if the modification does not
result in a net increase in remaining disposal capacity as
calculated under section 11507a.
(3) The department may issue a permit to construct an
expansion to an existing landfill if the applicant demonstrates
that
the landfill has less than 5 2
years of remaining disposal
capacity
as defined in calculated under section
11507a and the
application otherwise meets the requirements of this part. A permit
issued
under this subsection shall provide not more than a total of
10
8 years of remaining disposal capacity when added to
the
remaining disposal capacity existing prior to issuance of the
permit. The amount of time of remaining disposal capacity shall be
calculated based on the average of the 3 prior years of waste
receipt as reported under section 11507a.
(4) The department may issue a permit to construct a type III
landfill
that is a captive facility as defined in section
11525a(10)
if the application otherwise meets the requirements
of
this part.
(5)
The department may issue a permit to construct an
expansion
of an existing landfill if the expansion is authorized
pursuant
to a host community agreement in existence on the
effective
date of this section.
(6)
By January 1, 2005, the department shall submit to the
legislature
a report providing recommendations for amending the
solid
waste planning and disposal area siting provisions of this
part.
The report shall also recommend methods for securing
reasonable
and necessary regional and statewide disposal capacity
considering
the paramount public concern in the conservation of the
natural
resources of the state. The department shall prepare this
report
based on consultation with affected parties.
(5)
(7) For
purposes of this section:
(a) "Captive facility" means that term as defined in section
11525a.
(b) (a)
"Existing landfill" means a landfill that was
licensed under this part to receive waste as of October 1, 2003.
(b)
"Host community agreement" means a written, legally
binding
agreement, between the owner or operator of a landfill and
the
county or municipality in which an expansion of that landfill
will
be located, governing the operation, location, or development
of
the landfill in that county or municipality.
(6) This section is repealed effective January 1, 2010.
Enacting section 1. Enacting section 1 of 2004 PA 38 is
repealed.