March 20, 2007, Introduced by Reps. Ebli, Hammon, Hammel, Coulouris, Alma Smith, Meadows, Robert Jones, 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, 11526a, 11533, 11534, 11535, 11536,
11537, 11538, 11539a, and 11547 (MCL 324.11507a, 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 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.
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 agreement with
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 and annual
certification process as described in subsections (6) and (7).
(3) A solid waste management plan shall include information
and documentation demonstrating the county's guaranteed landfill
disposal capacity under subsection (2), to preclude duplicate
counting of the same landfill disposal capacity by more than 1
planning entity. However, 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.
(4) 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 the disposal area is
specifically identified in the solid waste management plan as
required under subsection (9).
(5)
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.
(6) (3)
An If an interim siting mechanism is included in the
solid waste management plan, it shall identify any authorized
disposal area types that may be sited utilizing the interim siting
mechanism, and shall 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
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.
(7) (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
thereof, 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.
(8) (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.
(9) A plan shall specify the name, the solid waste boundary,
the landfill disposal capacity, and the remaining landfill disposal
capacity that each landfill, or expansion thereof, located within
the county shall have if that landfill is to be considered
consistent with the plan, as required for issuance of a
construction permit. If the remaining landfill disposal capacity
conflicts with the landfill disposal capacity, the remaining
landfill disposal capacity shall be relied upon for a determination
of consistency with the plan.
(10) 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.
(11) (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.
(12) (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.
(13) (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 Senate Bill No.____ or House Bill No. 4485(request no.
01045'07 *) of the 94th Legislature is enacted into law.