LATERAL EXPANSION TO ACCOUNT FOR THE

BOUNDARY OF EXISTING COAL ASH LANDFILL

House Bill 5496 (proposed substitute H-1)

Sponsor:  Rep. Gary Howell

Committee:  Natural Resources and Outdoor Recreation

Complete to 3-9-20

SUMMARY:

House Bill 5496 would amend Part 115 (Solid Waste Management) of the Natural Resources and Environmental Protection Act to amend the definition of lateral expansion of a coal ash landfill to include a horizontal expansion beyond the solid waste boundary of an existing coal ash landfill.

Currently under the act, lateral expansion includes a horizontal expansion of the solid waste boundary of a coal ash landfill, if the expansion is beyond the limit established in a construction permit issued after December 28, 2018. Under the bill, a lateral expansion of a coal ash landfill would also include an expansion made after October 19, 2015, that is a horizontal expansion of the outermost boundary, as defined by a construction certification or operating license, of an existing coal ash landfill. 

Existing coal ash landfill would mean a coal ash landfill to which either of the following applied:

·         The landfill received coal ash both before and after October 19, 2015.

·         Construction of the landfill commenced before October 19, 2015, and the landfill received coal ash on or after October 19, 2015. For the purposes of this definition, construction of a landfill commenced before October 19, 2015, if both of the following requirements were met before that date:

o   The owner or operator obtained the federal, state, and local approvals or permits necessary to begin physical construction.

o   A continuous, on-site physical construction program began.

MCL 324.11503 and 324.11504

FISCAL IMPACT:

House Bill 5496 would not affect revenues or costs for the Department of Environment, Great Lakes, and Energy or local governments.

                                                                                         Legislative Analyst:   Emily S. Smith

                                                                                                 Fiscal Analyst:   Austin Scott

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.