January 17, 2008, Introduced by Rep. Gaffney and referred to the Committee on Great Lakes and Environment.
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 6 years after
that effective date.
(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
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) A landfill shall not accept waste generated in Canada.
(8) As provided in section 5 of 1846 RS 1, MCL 8.5, this act
is severable.
(9) As used in this section, "captive facility" means that
term as defined in section 11525a.
(10) This section is repealed effective 6 years after the
effective date of the amendatory act that added this section.