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Michigan Legislature
Michigan Compiled Laws Complete Through PA 123 of 2019
House: Adjourned until Thursday, December 19, 2019 11:30:00 AM
Senate: Adjourned until Thursday, December 19, 2019 11:30:00 AM


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Section 324.19113

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994


324.19113 Recycling operational grant program.

Sec. 19113.

  (1) The department shall establish a recycling operational grant program. The program shall provide temporary operating subsidies to assist municipalities, nonprofit private entities, and private entities in recapturing the difference between the cost of collection, processing, and transportation and the revenues generated from the sale of the recovered materials. The department shall make the grants described in this section.
  (2) The department shall not make a recycling operational grant unless all of the following conditions are met:
  (a) The proposed recycling project is located in a county with an approved solid waste management plan.
  (b) The proposed recycling project is consistent with the approved solid waste management plan.
  (c) A positive feasibility study of the proposed recycling project, or sufficient data justifying project expansion, is available.
  (d) The applicant agrees to match the grant on a dollar for dollar basis.
  (e) The applicant agrees to continue support for the recycling project if the project is within 10% of previous disposal costs.
  (f) The applicant agrees to provide the department with an annual operation report.
  (g) The need for an operating subsidy is demonstrated.
  (h) The grant is used for a project handling source separated material or site separated material, or both.
  (3) The department shall consider the following factors in determining whether to make a recycling operational grant:
  (a) The portion of the waste stream projected to be diverted from a landfill, compared to projected costs.
  (b) A demonstration by the applicant that land, buildings, personnel, support services, or funds have been committed to the recycling project.
  (c) The applicant's willingness to show others the program.
  (d) The potential of the recycling project to be replicated in similar areas of the state.
  (e) The extent to which selection of the project contributes to the achievement of a balanced distribution of grants throughout the state.
  (f) The demonstrated municipality, community group, or volunteer interest in undertaking a recycling project.
  (g) The demonstrated capability of the applicant in working with adjacent municipalities on alternative resource recovery projects, such as development of a regional resource recovery organization, jointly sponsored resource recovery initiatives, or regional materials marketing strategies.
  (h) The availability of capacity at existing licensed landfills that serve the area to be served by the proposed recycling project.
  (i) The existence of a plan for transferring financial responsibility for the program to another funding source.
  (j) The existence of sources of capital funding for the project.
  (4) The department shall not dispense a recycling operational grant unless all the permits that are required by this part and otherwise required by state law and that are specifically applicable to the nature of the proposed project have been obtained.
  (5) The department shall not expend more than 5% of the total amount in the fund in any state fiscal year for the recycling operational grant program. The department shall not expend more than $150,000.00 for any single recycling operational grant made under this section.


History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA


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