S03479'03 * (S-7)

SB-0506, As Passed Senate, October 9, 2003

SUBSTITUTE FOR

SENATE BILL NO. 506

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 11511a; and to

repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 11511a. (1) Notwithstanding any other provision of

2 this part, and except as otherwise provided in this section, the

3 department shall not issue a permit to construct a landfill if

4 the administratively complete application for such permit was

5 received after January 1, 2004 and before January 1, 2006.

6 (2) The department may issue a permit for a design

7 modification to an existing landfill if the modification does not

8 result in a net increase in remaining disposal capacity as

9 calculated under section 11507a.

10 (3) The department may issue a permit to construct an

Senate Bill No. 506 as amended October 9, 2003

1 expansion to an existing landfill if the applicant demonstrates

2 that the landfill has less than 5 years of remaining disposal

3 capacity as defined in section 11507a and the application

4 otherwise meets the requirements of this part. An existing

5 landfill for purposes of this subsection is one that was licensed

6 under this part to receive waste as of October 1, 2003. A permit

7 issued under this subsection shall provide not more than a total

8 of 10 years of remaining disposal capacity when added to the

9 remaining disposal capacity existing prior to issuance of the

10 permit. The amount of time of remaining disposal capacity shall

11 be calculated based on the average of the 3 prior years of waste

12 receipt as reported under section 11507a.

13 (4) The department may issue a permit to construct a type III

14 landfill that is a captive facility as defined in section

15 11525a(10) if the application otherwise meets the requirements of

16 this part.

17 (5) By January 1, 2005, the department shall submit to the

18 legislature a report providing recommendations for amending the

19 solid waste planning and disposal area siting provisions of this

20 part. That report shall include recommendations to foster a

21 regional system of solid waste planning and disposal facility

22 siting. The report shall also recommend methods for securing

23 reasonable and necessary regional and statewide disposal capacity

24 considering the paramount public concern in the conservation of

25 the natural resources of the state. <<The report shall also include and incorporate a consideration by the department of type II landfill capacity and expansion currently provided for in the county solid waste management plan in which a substantial investment has already been made. The department shall make recommendations for any landfill expansion in part based on such consideration.>> The department shall prepare

26 this report based on consultation with affected parties.

27 Enacting section 1. Section 11511a of the natural resources