HOUSE BILL No. 5773

 

March 1, 2006, Introduced by Reps. Angerer, Gillard, Waters, Miller, Accavitti, Meisner, Byrum, Brown, Donigan, Gonzales, Vagnozzi, Spade, Clack, Hopgood, Gleason, Byrnes, Polidori, Plakas, Lemmons, Jr., Whitmer, Sak, Tobocman, Bieda, Wojno, Anderson, Cheeks and Lemmons, III 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,"

 

(MCL 324.101 to 324.90106) by adding section 11511c; and to repeal

 

acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11511c. (1) Notwithstanding any other provision of this

 

part, and except as otherwise provided in this section, the

 

department shall reject any application for a permit to construct a

 

landfill submitted after December 31, 2005 and before the effective

 

date of the amendatory act that added this section, and shall not

 

accept an application for a permit to construct a landfill

 

submitted on or after that effective date and before January 1,

 

2011.

 


     (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 3 years of remaining disposal

 

capacity as 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 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 if the application otherwise

 

meets the requirements of this part.

 

     (5) As used in this section, "captive facility" means that

 

term as defined in section 11525a.

 

     (6) This section is repealed effective January 1, 2011.