October 2, 2014, Introduced by Senator HOPGOOD and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11118a and 11125 (MCL 324.11118a and
324.11125), as amended by 2010 PA 357.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11118a. (1) As used in this section:
, "multisource
(a) "Multisource commercial hazardous waste disposal well" has
the meaning ascribed to that term in section 62506a.
(b) "Well" means a multisource commercial hazardous waste
disposal well.
(2) A multisource commercial hazardous waste disposal well
shall maintain on site a treatment facility and a storage facility
that have obtained an operating license under section 11123.
(3) Subject to subsection (4), in addition to the information
required under section 11123, the owner or operator of a proposed
treatment and storage facility with a multisource commercial
hazardous waste disposal well shall provide to the department in an
application for an operating license a business plan for the well
operations. The business plan shall contain all of the following
information:
(a) The type, estimated quantities, and expected potential
sources of wastes to be disposed of in the well.
(b) A feasibility study on the viability of the disposal well
operations.
(c) Additional business plan information required by the
department and related solely to the requirements of subdivisions
(a) and (b).
(d) Any additional business plan information if the department
and applicant agree that such additional information should be
submitted.
(4) Subsection (3) applies only to a person who submits an
application for an operating license, other than a renewal
operating
license, after the effective date of the 2010 amendatory
act
that added this subsection.December
22, 2010.
(5) In addition to the information required under section
11123, the owner or operator of an existing or proposed treatment
and storage facility with a multisource commercial hazardous waste
disposal well shall provide to the department in an application for
an operating license submitted after the effective date of the
amendatory act that added this subsection all of the following:
(a) An emergency plan including a plan for evacuation of all
hospitals, airports, bus terminals, and railroad terminals located
within 3 miles of the well in the event of a release of hazardous
waste from the treatment and storage facility.
(b) A study of the economic impact of a full evacuation under
the plan described in subdivision (a).
(6) The department shall not issue an operating license for a
treatment and storage facility with a multisource commercial
hazardous waste disposal well if the well is located as described
in any of the following:
(a) Within 1,000 feet of an interstate highway.
(b) Within 2 miles of an international airport.
(c) Within 3 miles of a hospital, golf course, soccer field,
baseball field, or football field.
Sec. 11125. (1) Upon receipt of an operating license
application
that complies with the requirements of section
11123(2), the department shall do all of the following:
(a) Notify the municipality and county in which the treatment,
storage, or disposal facility is located or proposed to be located;
a
local soil erosion and sedimentation control agency appointed
pursuant
to part 91; designated under
section 9110; each division
within the department that has responsibility in land, air, or
water
management; a the regional planning agency established by
executive directive of the governor; and other appropriate
agencies. The notice shall describe the procedure by which the
license may be approved or denied.
(b) Review the plans of the proposed treatment, storage, or
disposal facility to determine if the proposed operation complies
with this part and the rules promulgated under this part. The
review shall be made within the department. The review shall
include, but need not be limited to, a review of air quality, water
quality, waste management, hydrogeology, and the applicant's
disclosure statement. A written and signed review by each person
within the department reviewing the application and plans shall be
received
and filed in the department's
license application records
before an operating license is issued or denied by the department.
(c) Integrate the relevant provisions of all permits that the
applicant is required to obtain from the department to construct
the proposed treatment, storage, or disposal facility into the
operating license required by this part.
(d) Consider the mitigation measures proposed to be
implemented as identified in section 11123(2)(m).
(e) Hold a public hearing not more than 60 days after receipt
of the application.
(2) The department may establish operating license conditions
specifically applicable to the treatment, storage, or disposal
facility and operation at that site to mitigate adverse impacts.
(3) The department shall provide notice and an opportunity for
a public hearing before making a final decision on an operating
license application.
(4) The department shall make a final decision on an operating
license application within 140 days after the department receives a
complete application. However, if the state's hazardous waste
management program is authorized by the United States environmental
protection agency under section 3006 of subtitle C of the solid
waste disposal act, 42 USC 6926, the department may extend the
deadline
beyond the limitation provided in this section in order to
fulfill the public participation requirements of the solid waste
disposal act. The operating license may contain stipulations
specifically applicable to the site and operation. An operating
license for a treatment and storage facility with a multisource
commercial hazardous waste disposal well shall limit hours of
operation to the period of 1 a.m. to 6 a.m., Monday through Friday.
(5) A local ordinance, permit, or other requirement shall not
prohibit the operation of a licensed treatment, storage, or
disposal facility.
(6) If any information required to be included in the
disclosure statement required under section 11123 changes or is
supplemented after the filing of the statement, the applicant or
licensee shall provide that information to the department in
writing within 30 days after the change or addition.
(7) The department may deny an operating license application
submitted pursuant to section 11123 if any information described in
section 11123(2)(k)(ii) to (iv) was not disclosed as required in
section 11123(2) or this section.
(8) The department shall provide notice of the final decision
to persons on the organized mailing list for the facility.
(9) Following the construction of a new, expanded, enlarged,
or altered treatment, storage, or disposal facility, the department
shall review all information required to be submitted by the
operating license. If the department finds that the owner or
operator has deviated from the specific conditions established in
the operating license, the department shall determine if cause
exists for modification or revocation of the operating license, in
accordance with provisions established by rule. At a minimum, the
licensee shall submit to the department all of the following
postconstruction
documentation: shall include all of the following:
(a) Updated disclosure information or a certification as
described in section 11123(2)(n)(i).
(b) A certification of construction as described in section
11123(2)(n)(ii). The department shall require additional
certification
periodically during the operation or in order to
verify proper closure of the site.
(c) A certification of capability signed and sealed by a
licensed professional engineer as described in section
11123(2)(n)(iii).
(d) Information regarding any deviations from the specific
conditions in the operating license.
(e) Proof of financial responsibility.