HOUSE BILL No. 5049

 

June 9, 2009, Introduced by Reps. Kennedy, Roberts, Ebli, Tlaib, Cushingberry, Simpson, Constan, Liss, Barnett, Slavens, Nathan, Lisa Brown, Kandrevas, Young, Durhal, Jackson, Polidori, Leland, Womack, Geiss, Bledsoe, Scripps and Meadows 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 section 11529 (MCL 324.11529), as amended by 1996 PA

 

358.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11529. (1) A disposal area that is a solid waste transfer

 

facility is not subject to the construction permit and operating

 

license requirements of this part if either both of the following

 

circumstances exists conditions are met:

 

     (a) The solid waste transfer facility is not designed to

 

accept wastes from vehicles with mechanical compaction devices

 

accepts uncompacted solid waste only.

 

     (b) The solid waste transfer facility accepts less than 200


 

uncompacted cubic yards of solid waste per day.

 

     (2) A solid waste transfer facility that, under subsection

 

(1), is exempt from the construction permit and operating license

 

requirements of this part under subsection (1) shall nevertheless

 

comply with the operating requirements of this part and the rules

 

promulgated under this part.

 

     (3) Except as provided in subsection (5), a disposal area that

 

is an incinerator may, but is not required to, comply with the

 

construction permit and operating license requirements of this part

 

if both of the following conditions are met:

 

     (a) The operation of the incinerator does not result in the

 

exposure of any solid waste to the atmosphere and or the elements.

 

     (b) The incinerator has a permit issued under part 55.

 

     (4) A disposal area that is an incinerator that and that, as

 

authorized under subsection (3), does not comply with the

 

construction permit and operating license requirements of this part

 

as permitted in subsection (3) is subject to the planning

 

provisions of this part and must be included in the county solid

 

waste management plan for the county in which the incinerator is

 

located.

 

     (5) A disposal area that is a municipal solid waste

 

incinerator that is designed to burn at a temperature in excess of

 

2500 degrees Fahrenheit is not subject to the construction permit

 

requirements of this part.