HB-4047, As Passed House, May 3, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4047

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

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

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11511c. (1) Notwithstanding any other provision of this

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

department shall reject any application for a permit to construct a

landfill submitted after March 1, 2007 and before the effective

date of the amendatory act that added this section, and shall not

accept an application for a permit to construct a landfill

submitted on or after that effective date and before October 1,

2012.

     (2) The department may accept an application and issue a

permit for a design modification to an existing landfill if the

modification does not result in a net increase in remaining

disposal capacity calculated as provided under section 11507a.

     (3) The department may accept an application and issue a

permit to construct an expansion to an existing landfill if the

applicant demonstrates that the landfill has less than 3 years of

remaining disposal capacity calculated as provided under section

11507a and the application otherwise meets the requirements of this

part. A permit issued under this subsection shall provide not more

than a total of 8 years of remaining disposal capacity when added

to the remaining disposal capacity existing prior to issuance of

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

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

receipt as reported under section 11507a.

     (4) The department may accept an application and issue a

permit to construct a landfill identified in a county solid waste

management plan as of March 1, 2007 as an expansion of the sole

landfill available for public waste disposal in the selected system

if the applicant demonstrates that the landfill has less than 3

years of remaining disposal capacity calculated as provided under

section 11507a, the landfill is located on a site in the county for

which it is identified, expansion on the site is not feasible,

construction occurs on property adjacent to the current landfill

site, and the application otherwise meets the requirements of this

part. A permit issued under this subsection shall provide not more

than a total of 8 years of remaining disposal capacity when added

to the remaining disposal capacity existing prior to issuance of

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

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

House Bill No. 4047 (H-1) as amended May 3, 2007

receipt as reported under section 11507a.

[(5) The department may accept an application and issue a permit to construct an expansion to an existing landfill if the expansion was identified as part of a consent order entered by the department before the effective date of the amendatory act that added this section and if the application otherwise meets the requirements of this part.

(6)] The department may accept an application and issue a

permit to construct a type III landfill that is a captive facility

if the application otherwise meets the requirements of this part.

[(7) If any portion of this act or the application thereof to any person or circumstances shall be found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of this act which can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable.

(8)] As used in this section, "captive facility" means that

term as defined in section 11525a.

[(9) NO LANDFILL IN THE STATE OF MICHIGAN SHALL ACCEPT WASTE

GENERATED IN CANADA.

(10)] This section is repealed effective October 1, 2012.