January 25, 2007, Introduced by Senators BASHAM, JACOBS, PRUSI, GLEASON, BRATER, OLSHOVE and McMANUS 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 11117 and 11120 (MCL 324.11117 and 324.11120),
as amended by 1995 PA 61.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11117. (1) A site review board shall be established to
review
and recommend to the department whether the department
should
grant or deny final approval for
each site construction
permit application that is referred to the board by the department.
If more than 1 construction permit application for interrelated
facilities
on a single site within the same municipality are is
submitted by the same applicant, reviewed concurrently by the
department, and referred to the board by the department, a single
board
shall be established to review the site construction permit
applications
concurrently but shall recommend the granting or
denial
of grant or deny final approval for each application
individually. A board shall consist of 9 voting members and a
nonvoting chairperson to be appointed as provided in subsection
(2).
(2) The following 9 members and 1 nonvoting chairperson shall
serve
on every site review board established to review a site
construction permit application:
(a) Seven members shall be members appointed by the governor,
with the advice and consent of the senate. The 7 members on each
site review board shall include a geologist, a chemical engineer,
and a toxicologist, each of whom are on the faculty of an
institution of higher education within the state, a representative
from a manufacturing industry, 2 representatives of the public, and
a representative of a municipality. Subject to the other
requirements of this subdivision, the governor may appoint more
than 1 geologist, chemical engineer, toxicologist, representative
from a manufacturing industry, and representative of a municipality
and more than 2 representatives of the public to serve on site
review boards. However, only 1 geologist, chemical engineer,
toxicologist, representative from a manufacturing industry, and
representative of a municipality and only 2 representatives of the
public, as randomly designated by the department, shall serve on a
particular board. The member who represents municipalities shall be
associated with a municipality or municipal association that is or
represents the same type of municipality in which a facility is
proposed to be located. A member representing a municipality or the
public shall not serve on a site review board that is evaluating an
application for a facility located within a county or municipality
that directly employs the member or in which the member resides. A
vacancy shall be filled for the unexpired portion of the period in
the same manner as the original appointments. All members appointed
by the governor, including a chairperson appointed pursuant to
subdivision (c), shall be appointed to serve on site review boards
for a period of 3 years, and may be appointed for additional 3-year
periods. In addition, a member may serve beyond the expiration of
the member's 3-year period of service for so long a period of time
as is necessary to complete action on construction permit
applications pending at the expiration of the member's 3-year
period of service.
(b) One member shall be appointed by the governing body of the
municipality in which the treatment, storage, or disposal facility
is
primarily proposed to be primarily
located to serve on the board
that is established to consider a particular construction permit
application. One member shall be appointed by the county board of
commissioners in which the treatment, storage, or disposal facility
is proposed to be located and shall be a resident of the county
where the facility is proposed to be located. The members serving
pursuant to this subdivision shall serve until the particular
construction permit application subject to their review is approved
or until the application is rejected and is no longer subject to
review.
(c) An attorney shall be appointed by the governor, with the
advice and consent of the senate, to serve as a nonvoting
chairperson on each board established to review a site construction
permit. The chairperson shall have experience in conducting formal
meetings where sworn testimony is received. Subject to the other
requirements of this subdivision, the governor may appoint more
than 1 chairperson to serve on site review boards. However, only 1
chairperson, designated by the department, shall serve on a
particular board.
(3) The department shall notify the local governing body of
the municipality and county government of a construction permit
application filed with the department.
(4) Five of the 9 voting members of the site review board
constitute a quorum for the transaction of business of the board
and the concurrence of 5 voting members of the board constitutes a
legal action of the board. All meetings of the board shall be
conducted
pursuant to the open meetings act, Act No. 267 of the
Public
Acts of 1976, being sections 15.261 to 15.275 of the
Michigan Compiled Laws 1976 PA 267, MCL 15.261 to 15.275.
(5) The department shall make staff available to assist a
board in carrying out its responsibilities.
(6)
A site review board that is established before December
28,
1987 shall proceed and fulfill its duties pursuant to the
applicable
law in effect when the site review board was
established.
Sec. 11120. (1) The department shall notify those members
appointed
by the governor who will serve on the a particular site
review board within 75 days after receipt of a construction permit
application, if the department has not notified the applicant of
the intent to deny the application, or at the time the department
refers an application to the board, or at the time an application
is automatically referred to the board pursuant to section
11119(4), whichever is earlier. At that time the department also
shall notify the county and the municipality in which the proposed
treatment, storage, or disposal facility is to be located and
request the appointment of the members of the board as provided in
section 11117(2)(b). The notification shall include a notice of
intent to issue all departmental permits required for the
construction,
pending recommendations of the board and approval by
the
department approval by the
board. Within 45 days after the
notification, the county and the municipality shall select the
members to serve on the board. The board shall be created at that
time and notification of the creation of the board shall be made to
the chairperson.
(2) Within 30 days after creation of a site review board, the
board shall meet to review and establish a timetable for the
consideration of an application for a proposed treatment, storage,
or disposal facility.
(3) The site review board shall do all of the following:
(a) Set a date and arrange for publication of notice of a
public hearing in a newspaper having major circulation in the
vicinity of the proposed site, at its first meeting. The public
notice
shall do meet both of the following requirements:
(i) Contain a map indicating the location of the proposed
treatment, storage, or disposal facility, a description of the
proposed action, and the location where the application for a
construction permit may be reviewed and where copies may be
obtained.
(ii) Identify the time, place, and location for the public
hearing
held to receive public comment and input on the application
for a construction permit.
(b) Hold a public hearing within 45 days of the first board
meeting.
(c) Publish the notice not less than 30 days before the date
of the public hearing.
(4)
Comment and input on the proposed treatment, storage, or
disposal facility may be presented orally or in writing at the
public hearing, and shall continue to be accepted in writing by the
site review board for 15 days after the public hearing date.
(5) After the public hearing comment period has been closed,
the site review board shall list the issues that are to be
addressed through a negotiation process and list the issues to be
evaluated by the board through its deliberations.
(6) A negotiation process shall take place between the
applicant and the affected parties, who shall be identified by the
site review board. A representative of the municipality and a
representative of the county in which the facility is proposed to
be located shall each be considered an affected party. If requested
by any affected party or the applicant, the board shall appoint a
mediator to assist during negotiations. The negotiation process
shall meet all of the following requirements:
(a) Proceed concurrently with the board's hearings process.
(b) Address the list of issues referred by the board and any
other issues unanimously agreed to be considered by the applicant
and all affected parties.
(c) Be completed within 150 days after the first meeting of
the board unless the applicant and 1 or more affected parties
involved in the negotiation process jointly request an extension of
not more than 60 days and the extension is approved by the board.
The board shall not grant extensions in excess of 60 days. An
extension granted under this subdivision may extend the time period
in which the board either approves or rejects the construction
permit application as specified in subsection (15).
(7) On each negotiation issue which has not reached a
negotiated settlement, the site review board shall select between
final best offers presented by affected parties. The final best
offer or the negotiated settlement shall not be less stringent than
the requirements of the law or pertinent decisions of the board,
whichever is the most stringent.
(8) The site review board shall conduct formal or informal
hearings to receive evidence on the disputed issues not subject to
the negotiation process described in subsections (6) and (7).
(9) The formal hearings process shall be conducted by the site
review board to receive information from technical experts on
disputed issues. Any affected party may request permission by the
board to participate in the board's formal hearings within 15 days
after the board's public hearing. The board shall determine which
affected parties shall participate in the board's formal hearing.
If the board denies the request of an affected party to participate
in the board's formal hearing, the board shall give the affected
party notice of the board's decision and the reasons for the
decision. A representative of the municipality and a representative
of
the county in which the facility is proposed to be located shall
are
each be automatically entitled
to participate. During the
board's formal hearings process, the board shall:
(a) Receive sworn testimony.
(b) Cross-examine witnesses.
(c) Allow representatives of affected parties to cross-examine
witnesses.
(d) Request participation as needed.
(10)
Comments made at At informal hearings, comments shall not
be made under oath and no cross-examination shall occur.
(11) The site review board shall deliberate on the impact of
the proposed treatment, storage, or disposal facility on the
municipality in which it is to be located, and make a final
determination
as to its recommendation to the department regarding
on the construction permit application.
(12) The site review board shall consider, at a minimum, all
of the following:
(a) The risk and impact of accident during the transportation
of hazardous waste.
(b) The risk and impact of contamination of ground and surface
water by leaching and runoff from the proposed treatment, storage,
or disposal facility.
(c) The risk of fires or explosions from improper treatment,
storage, and disposal methods.
(d) The impact on the municipality where the proposed
treatment, storage, or disposal facility is to be located in terms
of health, safety, cost, and consistency with local planning and
existing development. The board also shall consider local
ordinances, permits, or other requirements and their potential
relationship to the proposed treatment, storage, or disposal
facility.
(e) The nature of the probable environmental impact, including
the
specification of the predictable
adverse effects, which shall
be specified by the board, on all of the following:
(i) The natural environment and ecology.
(ii) Public health and safety.
(iii) Scenic, historic, cultural, and recreational value.
(iv) Water and air quality and wildlife.
(f) An evaluation of measures to mitigate adverse effects.
(g)
The board shall consider the information contained in the
construction permit application disclosure statement.
(13) The site review board also shall consider the concerns
and objections submitted by the public. The board shall facilitate
efforts to provide that the concerns and objections are mitigated
by establishing additional stipulations specifically applicable to
the treatment, storage, or disposal facility and operation at that
site. Through deliberations, the board may modify the construction
permit application in response to its findings. To the fullest
extent practicable, the board also shall integrate by stipulation
the provisions of the local ordinances, permits, or requirements.
(14) The site review board may seek the advice of any person
in
order to render a decision to issue its recommendation to the
department
to approve or deny the construction
permit application.
(15) Within 180 days after the first meeting of the site
review board, the board shall make a decision on the negotiated
agreement and the final best offer from each party on each issue
and
shall recommend to the department that the department either
approve or reject the construction permit application. The 180-day
time
period may be extended as provided in subdivision subsection
(6)(c). However, an extension shall not exceed 60 days.
(16)
If the site review board recommends to the department the
approval
of the construction permit application and the department
follows
the recommendation, the department shall approves the
construction permit application, the board shall notify the
department of the approval. The department shall prepare a draft
construction permit and initiate a public participation process
equivalent
to that required by the applicable provisions of the
solid
waste disposal act or regulations part
115 or rules
promulgated
under that act part. Upon completion of the public
participation process, the department shall review all comments
made during that process and shall issue or revise and issue the
construction permit or reconvene the board to consider issues
specified by the department that were raised during the public
participation process. Within 30 days after having been reconvened
under
this subsection, the board shall recommend to the department
the
rejection of the application or recommend the revision and
issuance
of the construction permit, or recommend that the
department
do 1 of the following:
(a) Reject the application and notify the department.
(b) Approve the application and direct the department to issue
or to revise and issue the construction permit.
(c) Direct the department to revise the draft construction
permit and initiate a public participation process equivalent to
that
required by the applicable provisions of the solid waste
disposal
act or regulations part 115
or rules promulgated under
that
act part.
(17)
If the board recommends the rejection of rejects the
construction
permit application, the board shall do all of the
following:
(a) State all of the
following apply:
(a) The board shall state its reasons in writing and indicate
the necessary changes to make the application acceptable if a new
application is made.
(b)
Recommend that the department deny The board shall notify
the department of the rejection.
(c) The department shall notify the applicant of the denial of
the construction permit and initiate a public participation process
equivalent
to that required by the applicable provisions of the
solid
waste disposal act, or regulations part
115 or rules
promulgated
under that act part.