HB-4486, As Passed House, May 3, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4486

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11507a, 11511, 11526a, 11533, 11534, 11535,

11536, 11537, 11538, 11539a, and 11547 (MCL 324.11507a, 324.11511,

324.11526a, 324.11533, 324.11534, 324.11535, 324.11536, 324.11537,

324.11538, 324.11539a, and 324.11547), section 11507a as amended by

2004 PA 39, section 11511 as amended by 2004 PA 325, section 11526a

as added by 2004 PA 40, sections 11533, and 11538 as amended by

2004 PA 44, and section 11547 as amended by 1998 PA 466; and to

repeal acts and parts of acts.

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 and to the county and

municipality in which the landfill is located. that contains The

report shall contain 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 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.

landfill disposal capacity and remaining landfill disposal capacity

of the landfill. The report shall include the amount of the

guaranteed landfill disposal capacity allocated annually to each

county for which the owner or operator of the landfill expects to

provide disposal services and a balance sheet showing that the sum

of such guaranteed amounts for all such counties does not exceed

the landfill disposal capacity. The report shall be submitted on a

form provided by the department within 45 30 days following the end

of each state fiscal 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) By February 28 of each year, each county shall submit to

the department, on a form and in a manner provided by the

department, a report that includes both of the following:

     (a) Estimated excess landfill disposal capacity in the county.

     (b) Information and documentation demonstrating the county's

guaranteed landfill disposal capacity.

     Sec. 11511. (1) The department shall notify the clerk of the

municipality in which the disposal area is proposed to be located

and the applicant of its approval or denial of an application for a

construction permit within 10 days after the final decision is

made.

     (2) A construction permit shall expire 1 year after the date

of issuance, unless development under the construction permit is

initiated within that year. A construction permit that has expired

may be renewed upon payment of a permit renewal fee and submission

of any additional information the department may require.

     (3) Except as otherwise provided in this subsection, the

department shall not issue a construction permit for a disposal

area within a planning area unless a solid waste management plan

for that planning area has been approved pursuant to sections 11536

and 11537 and unless the disposal area complies with and is

consistent with the approved solid waste management plan. The

department may issue a construction permit for a disposal area

designed to receive ashes produced in connection with the

combustion of fossil fuels for electrical power generation in the

absence of an approved county solid waste management plan, upon

receipt of a letter of approval from whichever county or counties,

group of municipalities, or regional planning agency has prepared

or is preparing the county solid waste management plan for that

planning area under section 11533 and from the municipality in

which the disposal area is to be located.

     (4) The department shall not issue a construction permit for a

new landfill within a delineated wellhead protection area for a

community water supply developed through a hydrogeological study

and approved by the department under the safe drinking water act,

1976 PA 399, MCL 325.1001 to 325.1023.

     Sec. 11526a. (1) Beginning October 1, 2004, in order to To

protect the public health, safety, and welfare and the environment

of this state from the improper disposal of waste that is

prohibited from disposal in a landfill, and in recognition that the

nature of solid waste collection and transport limits the ability

of the state to conduct cost effective inspections to ensure

compliance with state law, the owner or operator of a landfill

shall not accept for disposal in this state solid waste, including,

but not limited to, municipal solid waste incinerator ash, that was

generated outside of this state unless 1 or more of the following

requirements are met:

     (a) The solid waste is composed of a uniform type of item,

material, or substance, other than municipal solid waste

incinerator ash, that meets the requirements for disposal in a

landfill under this part and the rules promulgated under this part.

     (b) The solid waste was received through a material recovery

facility, a transfer station, or other facility that has documented

that it has removed from the solid waste being delivered to the

landfill those items that are prohibited from disposal in a

landfill.

     (c) The country, state, province, or local jurisdiction in

which the solid waste was generated is approved by the department

for inclusion on the list compiled by the department under section

11526b.

     (2) Notwithstanding section 11538 or any other provision of

this part, if there is sufficient disposal capacity for a county's

disposal needs in or within 150 miles of the county, all of the

following apply:

     (a) The county is not required to identify a site for a new

landfill in its solid waste management plan.

     (b) An interim siting mechanism shall not become operative in

the county unless the county board of commissioners determines

otherwise.

     (c) The department is not required to issue a construction

permit for a new landfill in the county.

     Sec. 11533. (1) Each county in this state shall have a solid

waste management plan. Each solid waste management plan shall

include an enforceable program and process to assure ensure that

the nonhazardous solid waste generated or to be generated in the

planning area for a period of 10 years or more is collected and

recovered, processed, or disposed of at disposal areas that comply

with state law and rules promulgated by the department governing

location, design, and operation of the disposal areas. Each solid

waste management plan may include an enforceable program and

process to assure ensure that only items authorized for disposal in

a disposal area under this part and the rules promulgated under

this part are disposed of in the disposal area.

     (2) An initial solid waste management plan shall be prepared

and approved under this section and shall be submitted to the

director not later than January 5, 1984. Following submittal of the

initial plan, the solid waste management plan shall be reviewed and

updated every 5 years. An updated solid waste management plan and

an amendment to a solid waste management plan shall be prepared and

approved as provided in this section and sections 11534, 11535,

11536, 11537, and 11537a. The solid waste management plan shall

encompass all municipalities within the county. The solid waste

management plan shall at a minimum comply with the requirements of

sections 11537a and section 11538 and the rules promulgated

thereunder. The solid waste management plan shall take into

consideration solid waste management plans in contiguous counties

and existing local approved solid waste management plans as they

relate to the county's needs. At a minimum, a county preparing a

solid waste management plan shall consult with the regional

planning agency from the beginning to the completion of the plan.

     (2) Subject to subsection (3), all of the territory of a

county shall be included in the planning area of a single solid

waste management plan. The planning area of a single solid waste

management plan may include 2 or more counties if the planning

entities for those counties agree to the joint exercise of their

powers and performance of their duties under this section and

sections 11534 to 11537, as applicable. If the regional solid waste

management planning agency or the department is responsible for

preparing the plan for 2 or more counties under subsection (8) or

(9), respectively, the regional solid waste management planning

agency or department may determine that those counties shall be

included in the planning area of a single solid waste management

plan and may exercise its powers and perform its duties for those

counties jointly under this section and sections 11534 to 11537, as

applicable.

     (3) A municipality located in 2 counties may request that the

entire municipality be included in the planning area of the solid

waste management plan of 1 of those counties and that the

municipality be excluded from the planning area for the solid waste

management plan of the other county. If a municipality in 1 county

is contiguous with a municipality in another county, either of the

municipalities may request that it be included in the planning area

of the solid waste management plan for the county in which the

other municipality is located. A request under this subsection must

be approved by the county board of commissioners of each of the

affected counties. If a county board of commissioners fails to

approve a request under this subsection within 90 days after the

request is submitted to the county board, the municipality making

the request may appeal to the department. The department shall

issue a decision on the appeal within 45 days after the appeal is

filed with the department. The decision of the department is final.

     (4) Changes to a solid waste management plan shall be made

only by a comprehensive plan update or a plan amendment. A plan

update shall be adopted through the procedure set forth in this

section and sections 11534 to 11537, as applicable. A plan

amendment shall be adopted by the same procedure as a plan update,

except as follows:

     (a) A plan amendment may be adopted at any time.

     (b) A plan amendment shall be initiated by the planning

entity.

     (c) Subsection (3) and subsections (5) to (10) do not apply to

a plan amendment.

     (5) Each solid waste management plan shall be reviewed and

updated on a 5-year cycle, with approximately 20% of the plans

updated each year. For each 5-year cycle, not less than 120 days

before initiating, under subsection (6), the update process for the

first solid waste management plan or plans, the director shall

submit a proposed schedule to each designated planning agency and

to the county board of commissioners of each county. The proposed

schedule shall identify when, during the 5-year cycle, each county

is required to provide a solid waste management plan to the

department for approval. For 60 days after the proposed schedule

has been so submitted, the director shall receive comments on the

proposed schedule. Not less than 45 days before initiating the

update process for the first solid waste management plan or plans,

the director shall submit to each designated planning agency and to

the county board of commissioners of each county a copy of the

final schedule. The department shall post a copy of a current

proposed or final schedule on its website.

     (6) (3) Not later than July 1, 1981, each Pursuant to the

schedule under subsection (5), the director shall initiate the

solid waste management plan update process for a county by

notifying the county in writing that it is required to prepare a

solid waste management plan. Within 30 days after receipt of the

notification, the county shall may file with the department and

with each municipality within the county on a form provided by the

department , a notice of intent, indicating the county's intent

that the county intends to assume overall responsibility to prepare

a solid waste management plan. or to upgrade an existing solid

waste management plan. The notice of intent shall identify the

designated agency which shall be designate the agency that is

responsible for preparing the solid waste management plan.

(7) (4) If the county fails to file a notice of intent with

the department within the prescribed time, the department

immediately shall notify each municipality within the county, and

shall request those municipalities to prepare a solid waste

management plan for the county, and shall convene a meeting to

discuss the plan preparation. Within 4 months following

notification by the department, the municipalities shall decide by

a majority vote of the municipalities in the county whether or not

to file a notice of intent indicating that the municipalities

intend to assume overall responsibility to prepare the solid waste

management plan. Each municipality in the county shall have 1 vote.

If a majority does not agree to assume such responsibility, then a

notice of intent shall not be filed. The notice shall identify the

designated agency which designate the agency that is responsible

for preparing the solid waste management plan.

(8) (5) If the municipalities fail to file a notice of intent

to assume overall responsibility to prepare a solid waste

management plan with the department within the prescribed time, the

department shall request the appropriate regional solid waste

management planning agency for the region in which the county is

located to prepare be responsible for preparing the solid waste

management plan. The regional solid waste management planning

agency shall respond within 90 days after the date of the request.

(9) (6) If the regional solid waste management planning agency

declines to prepare a solid waste management plan, the department

shall prepare a solid waste management plan for the county, and

that plan shall be is final.

(10) (7) A solid waste management A designated planning

agency, upon request of the department, shall submit a progress

report on its progress in preparing its a solid waste management

plan.

     Sec. 11534. (1) The county executive of a charter county that

elects a county executive and that chooses to prepare a solid waste

management plan under section 11533 or 11533(6), the county board

of commissioners in all other counties choosing to prepare an

initial solid waste management a plan under section 11533 11533(6),

or the municipalities preparing an initial solid waste management a

plan under section 11533(4) 11533(7), shall appoint a planning

committee. to assist the agency designated to prepare the plan

under section 11533. If the county charter provides procedures for

approval by the county board of commissioners of appointments by

the county executive, an appointment under this subsection shall be

is subject to that approval. A planning committee appointed

pursuant to this subsection shall be appointed for terms of 2

years. A planning committee appointed pursuant to this subsection

may be reappointed for the purpose of completing the preparation of

the initial solid waste management plan or overseeing the

implementation of the initial plan. Reappointed members of a

planning committee shall serve for terms not to exceed 2 years as

determined by the appointing authority. An initial solid waste

management plan shall only be approved by a majority of the members

appointed and serving.

     (2) A planning committee appointed pursuant to this section

for a planning area with a population of 100,000 or more shall

consist of 14 members individuals. Of the members appointed, 4

shall represent the solid waste management industry, 2 shall

represent environmental interest groups, 1 shall represent county

government, 1 shall represent city government, 1 shall represent

township government, 1 shall represent the regional solid waste

management planning agency, 1 shall represent industrial waste

generators, and 3 shall represent the general public.

     (3) A planning committee for a planning area with a population

of less than 100,000 shall be a 14-member planning committee as

described in subsection (2) or a 7-member planning committee as

described in this subsection. Of the members appointed to a 7-

member planning committee, 2 shall represent the solid waste

industry or industrial generators, 2 shall represent the general

public, environmental groups, or the regional solid waste

management planning agency, 1 shall represent township government,

1 shall represent city or village government, and 1 shall represent

county government.

     (4) A member appointed to represent a county, city, or

township government on a planning committee shall be an elected

official of that government or the designee of that an elected

official. Vacancies shall be filled in the same manner as the

original appointments. A member may be removed for nonperformance

of duty.

(5) (3) A planning committee appointed pursuant to this

section shall annually elect a chairperson and shall establish

procedures for conducting the planning committee's activities and

for reviewing the matters to be considered by the planning

committee.

     (6) A planning committee shall assist the designated planning

agency. If the appointment of a planning committee is required by

subsection (1), the plan shall not take effect unless it has been

approved by a majority of the members of the planning committee,

except as provided for in section 11536(3).

     Sec. 11535. A county or regional solid waste management

designated planning agency preparing a solid waste management plan

shall do all of the following:

     (a) Solicit the advice of and consult periodically during the

preparation of the plan with the all of the following:

     (i) The county.

     (ii) The municipalities, appropriate organizations, and the

private sector in the county, as provided in rules promulgated

under section 11538(1). and solicit the advice of and consult with

the appropriate county or

     (iii) The regional solid waste management planning agency, and

adjacent if the designated planning agency is not the regional

solid waste management planning agency.

     (iv) Adjacent counties, and municipalities located in adjacent

counties, which that may be significantly affected by the solid

waste management plan. for a county.

     (b) If a planning committee has been appointed, under section

11534, prepare the plan with the advice, consultation, and

assistance of the planning committee.

     (c) Notify by letter the chief elected official of each

municipality within the county and any other person within the

county so requesting, not less than 10 days before each public

meeting of the designated planning agency, designated by the

county, if that the designated planning agency plans to discuss the

county plan. The letter shall indicate as precisely as possible the

subject matter being to be discussed.

     (d) Submit for review a copy of the proposed county or

regional solid waste management plan to the department, to each

municipality within the affected county, and to adjacent counties

and municipalities located in adjacent counties, that may be

affected by the plan or that have requested the opportunity to

review the plan. The county plan shall also be submitted for review

to the designated regional solid waste management planning agency

for that county, if it is not the designated planning agency.

Reviewing agencies shall be allowed an opportunity of not less than

3 months to review and comment on the plan before adoption of the

plan by the county or a designated regional solid waste management

planning agency. The comments of a reviewing agency shall be

submitted with the plan to the county board of commissioners or

and, if it is not the designated planning agency, to the regional

solid waste management planning agency.

     (e) Publish a notice, at the time the plan is submitted for

review under subdivision (d), of the availability of the plan for

inspection or copying, at cost, by an interested person.

     (f) Conduct a public hearing on the proposed county solid

waste management plan before formal adoption. A notice Notice of

the hearing shall be published not less than 30 days before a the

hearing in a newspaper having a major circulation within the

county. The notice shall indicate a location where copies of the

plan are available for public inspection and shall indicate the

time and place of the public hearing.

     Sec. 11536. (1) A municipality located in 2 counties or

adjacent to a municipality located in another county may request to

be included in the adjacent county's plan. Before the municipality

may be included, the request shall be approved by a resolution of

the county boards of commissioners of the counties involved. A

municipality may appeal to the department a decision to exclude it

from an adjacent county's plan. If there is an appeal, the

department shall issue a decision within 45 days. The decision of

the department is final.

     (2) Except as provided in subsection (3), the county board of

commissioners shall formally act on the plan following the public

hearing required by section 11535(f).

(1) (3) If a planning committee has been appointed by the

county board of commissioners under section 11534(1) If a solid

waste management plan is prepared under section 11533(6), the

county board of commissioners , or if shall conduct at least 1

public hearing on the plan. If a plan is prepared under section

11533(4) 11533(7), the municipalities in the county who that voted

in favor of filing a notice of intent to prepare a county solid

waste management the plan , shall jointly conduct at least 1 public

hearing on the plan. The county board of commissioners or those

municipalities, respectively, shall take formal action on the plan

within 190 days after the completion of public hearings and but

only after the plan has been approved by a majority of the planning

committee as provided in section 11534(1) 11534(6). If the county

board of commissioners , or , if a plan is prepared under section

11533(4), a majority of the municipalities in the county who that

voted in favor of filing a notice of intent to prepare a county

solid waste management plan, does or respectively, do not approve

the plan as submitted, the plan shall be returned to the planning

committee along with a written statement of objections to the plan.

Within 30 days after receipt, the planning committee shall review

the objections and shall return the plan with its recommendations.

(2) (4) Following approval, the county plan shall be Within 10

days after approval under subsection (1) of a solid waste

management plan prepared under section 11533(6) or (7) or approval

by the regional solid waste management planning agency of a plan

prepared under section 11533(8), the designated planning agency

shall submit the plan to the governing bodies of all of the

municipalities within the county for review and approval or

disapproval. A governing body has 120 days from the date of

submittal of the plan under this subsection to approve or

disapprove the plan. If a governing body disapproves the plan, the

governing body shall state in writing the specific reasons for its

disapproval. The plan shall not be considered to be approved under

this subsection unless it is approved by the governing bodies of

not less than at least 67% of the municipalities within each

respective county before the plan may take effect that voted within

the 120-day period.

     (5) A county plan prepared by a regional solid waste

management planning agency shall be approved by the governing

bodies of not less than 67% of the municipalities within each

respective county before the plan may take effect.

(3) (6) If, after the plan has been adopted, the governing

bodies of not less than at least 67% of the municipalities that

voted within the 120-day period have not approved the plan under

subsection (2), the department shall prepare a plan for the county,

including those municipalities that did not approve the county

plan. A plan prepared by the department shall be is final.

     Sec. 11537. (1) If a plan is approved under section 11536(2),

the designated planning agency shall submit the plan to the

department. The department shall, within 6 months after a plan has

been submitted for approval, approve or disapprove the plan. An

approved plan shall at a minimum meet the requirements set forth in

section 11538(1). The department shall not approve a plan unless it

meets the requirements of this part and the rules promulgated under

this part. The department may approve a plan with modifications to

bring the plan into compliance with this part and the rules

promulgated under this part. If the department has returned the

plan to the designated planning agency for consent to modifications

or for clarification, the department may extend the 6-month period

to approve or disapprove the plan for up to an additional 6 months,

upon request of the designated planning agency.

     (2) The department shall review an approved solid waste

management plan periodically and determine if revisions or

corrections are necessary to bring the plan into compliance with

this part and the rules promulgated under this part. The

department, after notice and opportunity for a public hearing, held

pursuant to the administrative procedures act of 1969, Act No. 306

of the Public Acts of 1969, being sections 24.201 to 24.328 of the

Michigan Compiled Laws, may withdraw approval of the plan. If the

department withdraws approval of a county plan, the department

shall establish a timetable or schedule for compliance with this

part.

     Sec. 11538. (1) Not later than September 11, 1979, the The

director shall promulgate rules for the development, form, and

submission of initial solid waste management plans. The rules shall

require all of the following:

     (a) The establishment of goals and objectives for prevention

of adverse effects on the public health and on or the environment

resulting from improper solid waste collection, processing, or

disposal including protection of surface and groundwater quality,

air quality, and the land.

     (b) An evaluation of waste problems by type and volume,

including residential and commercial solid waste, hazardous waste,

industrial sludges, pretreatment residues, municipal sewage sludge,

air pollution control residue, and other wastes from industrial or

municipal sources. In calculating the volume of waste to be

disposed of, full achievement of any volume reduction goals in the

solid waste management plan may be assumed by the planning entity

if the plan identifies a detailed approach to enforcing and

achieving these goals through solid waste diversion programs.

     (c) An evaluation and selection of technically and

economically feasible solid waste management options, which may

include sanitary landfill, resource recovery systems, resource

conservation, or a combination of options landfills, incinerators,

solid waste diversion, or a combination thereof.

     (d) An inventory and description of all existing facilities

where solid waste is being treated, processed, or disposed of,

including solid waste disposal facilities, solid waste diversion

facilities, and specific solid waste diversion programs and a

summary of the deficiencies, if any, of the these facilities or

programs in meeting current solid waste management needs.

     (e) The encouragement and documentation, as part of the a

solid waste management plan, of all opportunities for participation

and involvement of the public, all affected agencies and parties,

and the private sector.

     (f) That the a solid waste management plan contain enforceable

mechanisms for implementing the plan, including identification of

the municipalities within the county responsible for the

enforcement. and may A solid waste management plan may also contain

a mechanism for the county and those municipalities to assist the

department and the state police in implementing and conducting the

inspection program established in section 11526(2) and (3). This

subdivision does not preclude the private sector's participation in

providing solid waste management services consistent with the solid

waste management plan for the county.

     (g) Current and projected population densities of each county

and identification of population centers and centers of solid waste

the generation of solid waste, including industrial wastes.

     (h) That the solid waste management plan planning area has,

and will have during the plan period, access to a sufficient amount

of available and suitable land, accessible to transportation media,

to accommodate the development and operation of solid waste

disposal areas , or resource recovery facilities provided for in

the plan.

     (i) That the solid waste disposal areas or resource recovery

facilities provided for in the solid waste management plan are

capable of being developed and operated in compliance with state

law and rules of the department pertaining to protection of the

public health and the environment, considering the available land

in the plan planning area , and the technical feasibility of, and

economic costs associated with, the facilities.

     (j) A timetable or schedule for implementing the solid waste

management plan.

     (2) Each solid waste management plan shall identify specific

sites for solid waste disposal areas for a 5-year period after

approval of a plan or plan update. In calculating disposal need

requirements to measure compliance with this section, only those

existing waste stream volume reduction levels achieved through

source reduction, reuse, composting, recycling, or incineration, or

any combination of these reduction devices, that can currently be

demonstrated or that can be reasonably expected to be achieved

through currently active implementation efforts for proposed volume

reduction projects, may be assumed by the planning entity. In

addition, if the solid waste management plan does not also identify

specific sites for solid waste disposal areas for the remaining

portion of the entire planning period required by this part after

approval of a plan or plan update, the solid waste management plan

shall include an interim siting mechanism and an annual

certification process as described in subsections (3) and (4). In

calculating the capacity of identified disposal areas to determine

if disposal needs are met for the entire required planning period,

full achievement of the solid waste management plan's volume

reduction goals may be assumed by the planning entity if the plan

identifies a detailed programmatic approach to achieving these

goals.

     (2) To the extent that the 10-year waste management

requirement under section 11533 is to be met by disposal at

landfills, for the first 5-year period after approval of the plan,

the plan shall identify specific landfills with sufficient

guaranteed landfill disposal capacity for solid waste to be

generated during that period. For the second 5-year period, the

plan shall do 1 of the following:

     (a) Identify specific landfills with sufficient guaranteed

landfill disposal capacity for solid waste to be generated during

that period.

     (b) Include an interim siting mechanism as described in

subsections (7) and (8) and annual certification process as

described in subsection (9).

     (3) A solid waste management plan shall include information

and documentation demonstrating the county's guaranteed landfill

House Bill No. 4486 (H-2) as amended May 3, 2007

disposal capacity under subsection (2), to preclude duplicate

counting of the same landfill disposal capacity by more than 1

planning entity.

     (4) A planning entity shall not have agreements with landfills

that, cumulatively, provide guaranteed landfill disposal capacity

in an amount that is more than 125% of the landfill disposal

capacity required to meet the 10-year waste management requirement

under section 11533. This subsection does not invalidate an

agreement between a planning entity and a landfill entered into

before the effective date of the 2007 amendatory act that added

this subsection.

     (5) If an interim siting mechanism is not included in the

solid waste management plan, then a disposal area is not consistent

with the solid waste management plan, unless 1 of the following

requirements is met:

     (a) The disposal area is specifically identified in the solid

waste management plan as required under subsection (11).

     (b) [The plan shows 10 or more years of disposal capacity, and] The

 disposal area is approved under a process that is

authorized by the plan and that requires specification of the total

landfill planning capacity considered to be consistent with the

plan for purposes of section 11509(1).

     (6) If a an interim siting mechanism is not included in the

solid waste management plan, and guaranteed landfill disposal

capacity falls to less than that required for 5 years of capacity,

a county the county's landfill disposal needs, the planning entity

shall amend the solid waste management plan for that county to

resolve the shortfall by identifying specific landfills with

sufficient guaranteed landfill disposal capacity, by identifying

how the county will increase solid waste diversion to reduce the

county's landfill disposal needs, or by including an interim siting

mechanism.

(7) (3) An If an interim siting mechanism shall include is

included in the solid waste management plan, the interim siting

mechanism shall do all of the following:

     (a) Identify any authorized disposal area types that may be

sited utilizing the interim siting mechanism.

     (b) When used to site a landfill, require specification of the

total landfill planning capacity considered to be consistent with

the county plan for purposes of section 11509(1).

     (c) Include both a process and a set of minimum siting

criteria, both of which are not subject to interpretation or

discretionary acts by the planning entity, and which if met by an

applicant submitting a disposal area proposal, will guarantee a

finding of consistency with the solid waste management plan. The

     (8) An interim siting mechanism shall be operative upon the

call of the county board of commissioners or shall automatically be

operative whenever the annual certification process shows that

available guaranteed landfill disposal capacity will not provide

for less than at least 66 months of the county's landfill disposal

needs. In the latter event, applications for a finding of

consistency from the proposers of persons proposing new landfill

disposal area capacity will shall be received by the planning

agency entity commencing on January 1 following completion of the

annual certification process. Once operative, an interim siting

mechanism will remain remains operative for at least 90 days or

until more than 66 months of guaranteed landfill disposal capacity

is once again available will provide for at least 66 months of the

county's landfill disposal needs, either by the approval of a

request for consistency or by the adoption of a new annual

certification process which concludes shows that more than

guaranteed landfill disposal capacity will provide for at least 66

months of landfill disposal capacity is available needs.

(9) (4) An annual certification process shall be concluded by

June 30 of each year, commencing on the first June 30 which that is

more than 12 months after the department's approval of the solid

waste management plan. or plan update. The certification process

will shall examine the remaining guaranteed landfill disposal area

capacity available for solid wastes generated within the planning

area. In calculating disposal need requirements landfill disposal

needs to measure determine compliance with this section, only those

existing waste stream volume reduction levels achieved through

source reduction, reuse, composting, recycling, solid waste

diversion or incineration, or any combination of these reduction

devices both, that can currently be demonstrated or that can be

reasonably expected to be achieved through currently active

implementation efforts for proposed volume reduction projects , may

be assumed. The annual certification of guaranteed landfill

disposal capacity shall be approved by the board of commissioners.

Failure to approve an annual certification by June 30 is equivalent

to a finding that less than a sufficient amount of guaranteed

landfill disposal capacity is available not sufficient, and the

interim siting mechanism will then be operative on the first day of

the following January. As part of the department's responsibility

to act on construction permit applications, the department has

final decision authority to approve or disapprove guaranteed

landfill disposal capacity certifications and to determine

consistency of a proposed disposal area with the solid waste

management plan.

(10) (5) A county board of commissioners may adopt a new

certification of guaranteed landfill disposal capacity at any time.

A new certification of guaranteed landfill disposal capacity shall

supersede supersedes all previous certifications, and become

effective takes effect 30 days after adoption by the county board

of commissioners, and remain remains in effect until a subsequent

certifications are certification is adopted.

     (11) A plan shall specify the name, location, facility

acreage, and total landfill planning capacity that each landfill,

or expansion thereof, located within the county shall have if that

landfill is to be considered consistent with the plan for purposes

of section 11509(1).

     (12) The location or development of a solid waste transfer

facility that is exempt from the construction permit and operating

license requirements of this part pursuant to section 11529 shall

be consistent with the plan and may be regulated by an ordinance,

rule, or regulation of a municipality, county, or governmental

authority created by statute if the ordinance, rule, or regulation

is incorporated in and consistent with the approved solid waste

management plan for the county.

(13) (6) In order for a disposal area to serve the disposal

needs of another county, state, or country, the service, including

the disposal of municipal solid waste incinerator ash, must be

explicitly authorized in the approved solid waste management plan

of the receiving county. With regard to intercounty service within

Michigan, the service must also be explicitly authorized in the

solid waste management plan of the exporting county.

(14) (7) A person shall not dispose of, store, or transport

solid waste in this state unless the person complies with the

requirements of this part.

(15) (8) An ordinance, law, rule, regulation, policy, or

practice of a municipality, county, or governmental authority

created by statute , which that prohibits or regulates the location

or development of a solid waste disposal area , and which that is

not part of incorporated in or not consistent with the approved

solid waste management plan for the county , shall be considered in

conflict with this part and shall not be enforceable is void.

     Sec. 11539a. (1) The department shall prepare a proposed

standard format to be used for the submittal of updates to solid

waste management plans . This proposed standard format shall be

submitted to the standing committees of the legislature that

address issues primarily pertaining to natural resources and the

environment by November 1, 1994 for a 30-day review and comment

period. Following this 30-day period, the department shall finalize

the standard format and provide a copy of the standard format to

each designated planning entity agency in the state that the

department knows will be preparing an update to a solid waste

management plan. The standard format shall be submitted to planning

entities by January 1, 1995. Additionally, the department shall

provide the standard format to any other person upon request.

     (2) Notwithstanding any other provision of this part, the

department shall not require planning entities to begin the process

for updating solid waste management plans prior to January 1, 1995.

     Sec. 11547. (1) In order for a county to effectively implement

the planning responsibilities designated under this part, a grant

program is established to provide financial assistance to county or

regional solid waste management planning agencies. Municipalities

joined together with interlocal agreements relating to solid waste

management plans, within a county having a city of a population of

more than 750,000, are eligible for a separate planning grant in

addition to those granted to counties. This separate grant

allocation provision does not alter the planning and approval

process requirements for county plans as specified in this part.

Eighty percent of the money for the program not provided for by

federal funds shall be appropriated annually by the legislature

from the general fund of the state and 20% shall be appropriated by

the applicant. Grant funds appropriated for local planning may be

used by the department if the department finds it necessary to

invoke the department's authority to develop a local prepares the

solid waste management plan under section 11533(6) 11533(9). The

department shall promulgate rules for the distribution of the

appropriated funds.

     (2) In order for a certified health department to effectively

implement the responsibilities designated under this part, an

annual grant shall be appropriated by the legislature from the

general fund of the state to provide financial assistance to a

certified health department. A certified health department is

eligible to receive 100% of reasonable personnel costs as

determined by the department based on criteria established by rule.

The department shall promulgate rules for the distribution of the

appropriated funds.

     Enacting section 1. Section 11537a of the natural resources

and environmental protection act, 1994 PA 451, MCL 324.11537a, is

repealed.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4485 of the 94th Legislature is enacted into

law.