March 20, 2007, Introduced by Reps. Warren, Hammel, Hammon, Coulouris, Alma Smith, Meadows, Robert Jones, Ebli, Valentine, Condino, Donigan and Young and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11507a, 11539, and 11547 (MCL 324.11507a,
324.11539, and 324.11547), section 11507a as amended by 2004 PA 39
and section 11547 as amended by 1998 PA 466.
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
landfill 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 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 October 31 of each year, a person who accepts
recyclable materials collected through curbside collection programs
or through community or areawide drop-off programs, or who accepts
recyclable materials directly from commercial or industrial
sources, shall submit a report to the county in which the person
conducts such activities. The report shall set forth the amount of
each type of recyclable material received during the previous state
fiscal year, by county, state, or country of origin, along with the
name and location of the facility to which these materials are
being sent. A report under this subsection shall be submitted on a
form to be provided by the department.
(4) 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 setting forth a summary of the recycling
information submitted to the county under subsection (3). Each
county shall evaluate the recycling data it receives to ensure that
materials are not counted more than once.
Sec.
11539. (1) The director shall not approve a plan update
unless:
(a) The plan contains an analysis or evaluation of the best
available information applicable to the plan area, derived from
reports under section 11507a and any other sources consistent with
those reports, in regard to recyclable materials and all of the
following, with amounts of materials reported in tons and a
conversion factor to cubic yards:
(i) The kind and volume amount of each type of
material in the
plan area's waste stream that may be recycled or composted.
(ii) The amount of waste generated annually per capita and a
projection of future waste generation.
(iii) The amount of each type of material that was recycled and
composted within the county each year since the last plan update.
(iv) The amount of municipal solid waste generated in the
county each year since the last plan update that was disposed of in
a landfill or incinerator located in the county.
(v) The amount of municipal solid waste generated in the
county each year since the last plan update that was disposed of in
a solid waste landfill or incinerator in another county.
(vi) (ii) How An
evaluation of how various factors do or
may
affect a recycling and composting program in the plan area. Factors
shall
include an evaluation of the existing solid waste collection
system; materials market; transportation networks; local composting
and recycling support groups, or both; institutional arrangements;
the population in the plan area; and other pertinent factors.
(vii) (iii) An
identification of impediments to implementing a
recycling and composting program and recommended strategies for
removing or minimizing impediments.
(viii) (iv) How
recycling and composting and other processing or
disposal methods could complement each other and an examination of
the feasibility of excluding site separated material and source
separated material from other processing or disposal methods.
(ix) (v) Identification
and quantification of environmental,
economic, and other benefits that could result from the
implementation of a recycling and composting program.
(x) (vi) The
feasibility of source separation of materials that
contain
potentially hazardous components at disposal areas. This
subparagraph
applies only to plan updates that are due after
January
31, 1989.
(xi) The amount of material processed in the county, including
organic material and curbside and drop-off collected material.
(xii) Identification of facilities within and outside of this
state that are processing residential recyclable materials
collected in the county and the volumes processed at each of those
facilities.
(b)
The plan either provides describes
the methods used for
recycling and composting recyclable materials from the plan area's
waste
stream. or establishes that recycling and composting are
not
necessary
or feasible or is only necessary or feasible to a limited
extent.
(c)
A plan that proposes If
the plan creates or relies upon a
recycling or composting program, or both, the plan details the
major features of that program, including all of the following:
(i) The kinds and volumes volume of each type of recyclable
materials
material that will be recycled or composted.
(ii) Collection methods.
(iii) Measures that will ensure collection, such as ordinances
or cooperative arrangements, or both.
(iv) Ordinances or regulations affecting the program.
(v) The role of counties and municipalities in implementing
the plan.
(vi) The involvement of existing recycling interests, solid
waste haulers, and the community.
(vii) Anticipated costs.
(viii) On-going program financing.
(ix) Equipment selection.
(x) Public and private sector involvement.
(xi) Site availability and selection.
(xii) Operating Composting operating parameters
such as pH and
heat range.
(d)
The plan includes an evaluation of how the planning entity
is
meeting the state's waste reduction and recycling goals as
established
pursuant to section 11541(4) explains
how the
designated planning agency is utilizing a comprehensive planning
system that reflects the state's solid waste policy under section
11541(1) and, if such a system is not yet being utilized, describes
how the designated planning agency will make progress in
implementing such a system.
(e) The plan describes how, and by how much, the county will
increase solid waste diversion over the 5-year plan period.
(f) The plan includes copies of enforceable mechanisms, such
as annual disposal caps and written agreements between the county
and disposal facilities, that demonstrate that disposal capacity is
available to the county.
(g) The plan includes copies of all host community agreements
between the county or municipalities within the county and disposal
facilities.
(2)
The director may promulgate rules as may be necessary to
implement this section.
Sec.
11547. (1) In order for a county to effectively implement
the
planning responsibilities designated under this part, a A grant
program
is established to provide financial assistance to county or
regional
solid waste management designated
planning agencies in
performing their duties under this part. Municipalities joined
together with interlocal agreements relating to solid waste
management
plans, within a county having a city of with a
population of more than 750,000, are eligible for a separate
planning
grant in addition to those granted to counties designated
planning agencies. 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 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.