SENATE BILL No. 90

 

 

January 26, 2005, Introduced by Senators BISHOP, BERNERO, GILBERT, GOSCHKA, OLSHOVE, STAMAS and TOY and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11507a (MCL 324.11507a), as amended by 2004 PA

 

39.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11507a. (1) The owner or operator of a landfill shall

 

annually submit a report to the  state  department and to the

 

county and municipality in which the landfill is located that

 

contains  information on the amount of solid waste received by the

 

landfill during the year itemized, to the extent possible, by

 

county, state, or country of origin and  all of the following

 

information:

 


     (a) The amount of remaining disposal capacity at the landfill.

 

Remaining disposal capacity shall be calculated as the permitted

 

capacity less waste in place for any area that has been constructed

 

and is not yet closed plus the permitted capacity for each area

 

that has a permit for construction under this part but has not yet

 

been constructed. The report shall be submitted on a form provided

 

by the department within 45 days following the end of each state

 

fiscal year.

 

     (b) Each county of this state, each state, and each country

 

from which originated solid waste received by the landfill during

 

the year.

 

     (c) The total amount of solid waste received by the landfill

 

during the year and, to the extent possible, the amount originating

 

from each county, state, or country identified under subdivision

 

(a).

 

     (d) Whether the landfill will establish, or maintain, and

 

enforce a landfill policy that prohibits receiving waste from any

 

other state or country in the following year.

 

     (2) By January 31 of each year, the department shall submit to

 

the legislature a report summarizing the information obtained under

 

subsection (1).

 

     (3) If a landfill reports that it will enforce a policy

 

described in subsection (1)(d), the landfill shall make a

 

reasonable effort to enforce the policy.

 

     (4) The department shall annually compile a list of landfills

 

that report they will enforce a policy described in subsection

 

(1)(d). The department shall publish the list, post the list on its

 


website, and make the list available to any person upon request.

 

     (5) A department or agency of this state; a city, village, or

 

township; a school district or intermediate school district; or an

 

authority created pursuant to state law shall not enter into a

 

contract for the disposal of solid waste unless the solid waste

 

will be disposed of at a landfill that, at the time the contract is

 

entered into, is on the list described in subsection (4).

 

     (6) The director may promulgate rules to implement this

 

section.