November 8, 2007, Introduced by Senators GEORGE, RICHARDVILLE, KAHN, BIRKHOLZ, BROWN, PAPPAGEORGE, GLEASON, JANSEN and HARDIMAN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11507a, 11526a, 11549, and 11550 (MCL
324.11507a, 324.11526a, 324.11549, and 324.11550), section 11507a
as amended by 2004 PA 39, section 11526a as added by 2004 PA 40,
section 11549 as amended by 2006 PA 58, and section 11550 as
amended by 2003 PA 153.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11507a. (1) The owner or operator of a landfill or a
material recovery facility, transfer station, or other facility
that processes waste under section 11526a(2)(b) shall annually
submit a report to the state and the county and municipality in
which the landfill or other facility is located that contains
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 A
report submitted by a landfill under
this subsection shall also include 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. The report shall
be submitted on a form provided by the department within 45 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).
Sec.
11526a. (1) Beginning October
1, 2004, in order 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
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 The
purpose of this section
is to do all of the following:
(a) 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.
(b) Facilitate the inspection of solid waste that, unlike
solid waste generated in this state or jurisdictions described in
subsection (2)(b), cannot be presumed to meet the requirements for
disposal in a landfill under section 11514.
(c) Promote recycling.
(2) 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 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
section 11514 and the person transporting the solid waste provides
the owner or operator of the landfill with a certificate to that
effect. The certificate shall be on a form approved by the
department and shall be signed by an authorized agent of the
generator. The owner or operator of the landfill shall certify on
the form its receipt of the solid waste and maintain a copy of the
form available for inspection by the department for 6 years.
(b) The solid waste was received through a material recovery
facility, a transfer station, or other facility located in this
state
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 under section 11514 and the person
transporting the solid waste provides the owner or operator of the
landfill with a certificate to that effect. The certificate shall
be on a form approved by the department and shall be signed by an
authorized agent of the material recovery facility, transfer
station, or other facility. The owner or operator of the landfill
shall certify on the form its receipt of the solid waste and
maintain a copy of the form available for inspection by the
department for 6 years. Preparing a false document under this
subdivision knowing that it is false is a violation of this part.
(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.
(3) The department shall inspect each facility described in
subsection (2)(b) that receives solid waste generated outside of
this state as frequently as practical to ensure compliance with
this part and the rules promulgated under this part. The inspection
shall include solid waste generated outside of this state and
present at the facility. If solid waste does not meet the
requirements of this part after being processed at such a facility,
the department shall order that the waste be reprocessed or
returned to the state or country in which it was generated, at the
expense of the person transporting the solid waste.
(4) A processing inspection fee of $5.00 per ton or $1.67 per
cubic yard of solid waste generated outside of this state and
processed at the facility is imposed on each facility described in
subsection (2)(b). Within 30 days after the end of each state
fiscal quarter, a facility described in subsection (2)(b) shall pay
the department any processing inspection fee owed. The department
shall forward processing inspection fees collected under this
section to the state treasurer for deposit in the processing
inspection account of the solid waste management fund established
in section 11550. The processing inspection fee is in addition to
any other fee required by this part.
(5) (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. 11549. (1) A person who violates this part, a rule
promulgated under this part, or a condition of a permit, license,
or final order issued pursuant to this part is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00 for
each violation and costs of prosecution and, if in default of
payment of fine and costs, imprisonment for not more than 6 months.
(2) A person who knowingly violates section 11526e is guilty
of a felony punishable by imprisonment for not more than 2 years or
a fine of not more than $5,000.00, or both.
(3) Each day upon which a violation described in this section
occurs is a separate offense.
(4) Preparing a false document under this part, knowing that
it is false, is a violation of this part.
Sec. 11550. (1) The solid waste management fund is created
within the state treasury. The state treasurer may receive money
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
(2) Money in the solid waste management fund at the close of
the fiscal year shall remain in the fund and shall not lapse to the
general fund.
(3) The state treasurer shall establish, within the solid
waste
management fund, a solid waste staff account, and a perpetual
care account, and a processing inspection account.
(4) The department shall be the administrator of the solid
waste management fund for auditing purposes.
(5)
(4) Money shall be expended from the solid waste staff
account, upon appropriation, only for the following purposes:
(a) Preparing generally applicable guidance regarding the
solid waste permit and license program or its implementation or
enforcement.
(b) Reviewing and acting on any application for a permit or
license, permit or license revision, or permit or license renewal,
including the cost of public notice and public hearings.
(c) Performing an advisory analysis under section 11510(1).
(d) General administrative costs of running the permit and
license program, including permit and license tracking and data
entry.
(e) Inspection of licensed disposal areas and open dumps.
(f) Implementing and enforcing the conditions of any permit or
license.
(g)
Groundwater monitoring audits at disposal areas which that
are or have been licensed under this part.
(h) Reviewing and acting upon corrective action plans for
disposal
areas which that are or have been licensed under this
part.
(i) Review of certifications of closure.
(j) Postclosure maintenance and monitoring inspections and
review.
(k) Review of bonds and financial assurance documentation at
disposal
areas which that are or have been licensed under this
part.
(6) (5)
Money shall be expended from the
perpetual care
account, upon appropriation, only for the purpose of conducting the
following
activities at disposal areas which that are or have been
licensed under this part:
(a) Postclosure maintenance and monitoring at a disposal area
where
if the owner or operator is no longer required to do
so.
(b) To conduct closure, or postclosure maintenance and
monitoring and corrective action if necessary, at a disposal area
where
if the owner or operator has failed to do so. Money
shall be
expended from the account only after funds from any perpetual care
fund or other financial assurance mechanisms held by the owner or
operator
have been expended and the department has used made
reasonable efforts to obtain funding from other sources.
(7) Money shall be expended from the processing inspection
account, upon appropriation, only for solid waste inspections under
section 11526a(3) and enforcement actions resulting from the
inspections.
(8) (6)
By March 1 annually, the department
shall prepare and
submit to the governor, the legislature, the chairs of the standing
committees of the senate and house of representatives with primary
responsibility for issues related to natural resources and the
environment, and the chairs of the subcommittees of the senate and
house appropriations committees with primary responsibility for
appropriations to the department a report that details the
activities of the previous fiscal year funded by the staff account
or the processing inspection account of the solid waste management
fund
established in this section. This report
(9) As to activities funded by the staff account of the solid
waste management fund, the report under subsection (8) shall
include,
at a minimum, all each of the following as it relates to
the department:
(a) The number of full-time equated positions performing solid
waste management permitting, compliance, and enforcement
activities.
(b) All of the following information related to the
construction permit applications received under section 11509:
(i) The number of applications received by the department,
reported as the number of applications determined to be
administratively incomplete and the number determined to be
administratively complete.
(ii) The number of applications determined to be
administratively complete for which a final action was taken by the
department. The number of final actions shall be reported as the
number of applications approved, the number of applications denied,
and the number of applications withdrawn by the applicant.
(iii) The percentage and number of applications determined to be
administratively complete for which a final decision was made
within
120 days of receipt as required by section 11511 the
processing period specified in section 1301.
(c) All of the following information related to the operating
license applications received under section 11512:
(i) The number of applications received by the department,
reported as the number of applications determined to be
administratively incomplete and the number determined to be
administratively complete.
(ii) The number of applications determined to be
administratively complete for which a final action was taken by the
department. The number of final actions shall be reported as the
number of applications approved, the number of applications denied,
and the number of applications withdrawn by the applicant.
(iii) The percentage and number of applications determined to be
administratively complete for which a final decision was made
within
90 days of receipt as required by section 11516 the
processing period specified in section 1301.
(d) The number of inspections conducted at licensed disposal
areas as required by section 11519.
(e) The number of letters of warning sent to licensed disposal
areas.
(f) The number of contested case hearings and civil actions
initiated and completed, the number of voluntary consent orders and
administrative orders entered or issued, and the amount of fines
and penalties collected through such actions or orders.
(g) For each enforcement action that includes a penalty, a
description of what corrective actions were required by the
enforcement action.
(h) The number of solid waste complaints received,
investigated, resolved, and not resolved by the department.
(i) The amount of revenue in the staff account of the solid
waste management fund at the end of the fiscal year.
(10) As to activities funded by the processing inspection
account of the solid waste management fund, the report under
subsection (8) shall include, at a minimum, each of the following
as it relates to the department:
(a) The number of inspections conducted under section
11526a(3).
(b) The total amount of waste inspected under section
11526a(3).
(c) The number of inspections that identified items or
materials prohibited from disposal in a landfill under section
11514, the items or materials identified, the approximate number or
amount of those items or materials, the states or provinces where
those materials were generated, and the amount of solid waste
returned to the state or province in which it was generated.
(d) The number of warning letters sent as a result of
inspections under section 11526a(3).
(e) The information required by subsection (9)(f) and (g).