HOUSE BILL No. 6396 September 24, 2002, Introduced by Reps. Ruth Johnson, Bishop, Cassis and Caul and referred to the Committee on Land Use and Environment. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502, 11504, 11506, 11507a, 11509, 11511, 11512, 11516, 11517, 11519, 11529, 11532, 11533, 11534, 11535, 11536, and 11538 (MCL 324.11502, 324.11504, 324.11506, 324.11507a, 324.11509, 324.11511, 324.11512, 324.11516, 324.11517, 324.11519, 324.11529, 324.11532, 324.11533, 324.11534, 324.11535, 324.11536, and 324.11538), sections 11502 and 11504 as amended and section 11507a as added by 1996 PA 359, section 11506 as amended by 1998 PA 466, and sections 11509, 11511, 11512, 11516, 11517, 11519, and 11529 as amended by 1996 PA 358, and by adding sections 11508a, 11511a, 11511b, 11511c, 11511d, 11531a, 11531b, 11534a, and 11551; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 07385'02 TMV 2 1 Sec. 11502. (1) "Applicant" includes any person. 2 (2) "Ashes" means the residue from the burning of wood, 3 coal, coke, refuse, wastewater sludge, or other combustible 4 materials. 5 (3) "Bond" means a financial instrument executed on a form 6 approved by the department, including a surety bond from a surety 7 company authorized to transact business in this state, a certifi- 8 cate of deposit, a cash bond, an irrevocable letter of credit, 9 insurance, a trust fund, an escrow account, or a combination of 10 any of these instruments in favor of the department. The owner 11 or operator of a disposal area who is required to establish a 12 bond under other state or federal statute may petition the 13 department to allow such a bond to meet the requirements of this 14 part. The department shall approve a bond established under 15 other state or federal statute if the bond provides equivalent 16 funds and access by the department as other financial instruments 17 allowed by this subsection. 18 (4) "Certificate of deposit" means a negotiable certificate 19 of deposit held by a bank or other financial institution regu- 20 lated and examined by a state or federal agency, the value of 21 which is fully insured by an agency of the United States 22 government. A certificate of deposit used to fulfill the 23 requirements of this part shall be in the sole name of the 24 department with a maturity date of not less than 1 year and shall 25 be renewed not less than 60 days before the maturity date. An 26 applicant who uses a certificate of deposit as a bond shall 07385'02 3 1 receive any accrued interest on that certificate of deposit upon 2 release of the bond by the department. 3 (5) "Certified health department" means a city, county, or 4 district department of health that is specifically delegated 5 authority by the department to perform designated activities as 6 prescribed by this part. 7 (6) "Coal or wood ash" means either or both of the 8 following: 9 (a) The residue remaining after the ignition of coal or 10 wood, or both, and may include noncombustible materials, other- 11 wise referred to as bottom ash. 12 (b) The airborne residues from burning coal or wood, or 13 both, that are finely divided particles entrained in flue gases 14 arising from a combustion chamber, otherwise referred to as fly 15 ash. 16 (7) "Collection center" means a tract of land, building, 17 unit, or appurtenance or combination thereof that is used to col- 18 lect junk motor vehicles and farm implements under section 19 11530. 20 (8) "COMMERCIAL TYPE III LANDFILL" MEANS A TYPE III LANDFILL 21 THAT ACCEPTS WASTE GENERATED BY PERSONS OTHER THAN THE OWNER OF 22 THE LANDFILL. 23 (9)(8)"Consistency review" means evaluation of the 24 administrative and technical components of an application for a 25 permit, license, or for operating conditions in the course of 26 inspection, for the purpose of determining consistency with the 07385'02 4 1 requirements of this part, rules promulgated under this part, and 2 approved plans and specifications. 3 (10)(9)"Corrective action" means the investigation, 4 assessment, cleanup, removal, containment, isolation, treatment, 5 or monitoring of constituents, as defined in a facility's 6 approved hydrogeological monitoring plan, released into the envi- 7 ronment from a disposal area, or the taking of other actions 8 related to the release as may be necessary to prevent, minimize, 9 or mitigate injury to the public health, safety, or welfare, the 10 environment, or natural resources that is consistent with subti- 11 tle D of the solid waste disposal act, title II of Public Law 12 89-272, 42 U.S.C. 6941 and 6942 to 6949a or regulations promul- 13 gated pursuant to that act. 14 Sec. 11504. (1) "Health officer" means a full-time adminis- 15 trative officer of a certified city, county, or district depart- 16 ment of health. 17 (2) "HOST COMMUNITY" MEANS EITHER OF THE FOLLOWING: 18 (A) FOR PURPOSES OF A HOST COMMUNITY AGREEMENT ENTERED INTO 19 BEFORE THE EFFECTIVE DATE OF THE 2002 AMENDMENTS TO THIS SECTION, 20 THE COUNTY OR MUNICIPALITY IN WHICH THE LANDFILL OR INCINERATOR 21 IS LOCATED. 22 (B) SUBJECT TO SUBSECTION (3), FOR PURPOSES OF A HOST COMMU- 23 NITY AGREEMENT ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THE 24 2002 AMENDMENTS TO THIS SECTION, 1 OF THE FOLLOWING: 25 (i) THE CITY OR VILLAGE IN WHICH A MUNICIPAL SOLID WASTE 26 LANDFILL OR A COMMERCIAL TYPE III LANDFILL OR INCINERATOR IS 27 PROPOSED TO BE LOCATED IF THAT CITY OR VILLAGE HAS ADOPTED A 07385'02 5 1 ZONING ORDINANCE PURSUANT TO THE CITY AND VILLAGE ZONING ACT, 2 1921 PA 207, MCL 125.581 TO 125.600, FOR DEVELOPMENTS OTHER THAN 3 THOSE REGULATED BY THIS PART. 4 (ii) THE TOWNSHIP IN WHICH A MUNICIPAL SOLID WASTE LANDFILL 5 OR COMMERCIAL TYPE III LANDFILL OR INCINERATOR IS PROPOSED TO BE 6 LOCATED IF THAT TOWNSHIP HAS ADOPTED A ZONING ORDINANCE PURSUANT 7 TO THE TOWNSHIP ZONING ACT, 1943 PA 184, MCL 125.271 TO 125.310, 8 AND THE MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL TYPE III 9 LANDFILL OR INCINERATOR IS NOT PROPOSED TO BE LOCATED IN A VIL- 10 LAGE THAT HAS ADOPTED A ZONING ORDINANCE PURSUANT TO THE CITY AND 11 VILLAGE ZONING ACT, 1921 PA 207, MCL 125.581 TO 125.600, FOR 12 DEVELOPMENTS OTHER THAN THOSE REGULATED BY THIS PART. 13 (iii) THE COUNTY IN WHICH A MUNICIPAL SOLID WASTE LANDFILL 14 OR A COMMERCIAL TYPE III LANDFILL OR INCINERATOR IS PROPOSED TO 15 BE LOCATED IF THE MUNICIPAL SOLID WASTE LANDFILL, COMMERCIAL 16 TYPE III LANDFILL, OR INCINERATOR IS NOT PROPOSED TO BE LOCATED 17 IN A MUNICIPALITY DESCRIBED IN SUBDIVISION (A) OR (B). 18 (3) FOR PURPOSES OF SUBSECTION (2), IF A MUNICIPAL SOLID 19 WASTE LANDFILL OR A COMMERCIAL TYPE III LANDFILL OR INCINERATOR 20 IS LOCATED IN MORE THAN 1 MUNICIPALITY OR COUNTY, "HOST 21 COMMUNITY" MEANS ALL SUCH MUNICIPALITIES OR COUNTIES ACTING AS 1 22 ENTITY THROUGH AN INTERLOCAL AGREEMENT UNDER THE URBAN COOPERA- 23 TION ACT OF 1967, 1967 (EX SESS) PA 7, MCL 124.501 TO 124.512, OR 24 A CONTRACT UNDER 1967 (EX SESS) PA 8, MCL 124.531 TO 124.536, FOR 25 THE EXERCISE OF THE POWERS AND PERFORMANCE OF THE DUTIES UNDER 26 THIS PART WITH EACH OTHER SUCH COUNTY OR MUNICIPALITY. 07385'02 6 1 (4) "HOST COMMUNITY AGREEMENT" MEANS A WRITTEN, LEGALLY 2 ENFORCEABLE DOCUMENT OR DOCUMENTS EXECUTED BY AUTHORIZED 3 OFFICIALS OF THE HOST COMMUNITY THAT GOVERNS ANY OPERATION OF A 4 LANDFILL OR INCINERATOR OR THE LOCATION OF A LANDFILL OR INCINER- 5 ATOR, OR BOTH. 6 (5)(2)"Inert material" means a substance that will not 7 decompose, dissolve, or in any other way form a contaminated 8 leachate upon contact with water, or other liquids determined by 9 the department as likely to be found at the disposal area, perco- 10 lating through the substance. 11 (6)(3)"Insurance" means insurance that conforms to the 12 requirements of 40 C.F.R. 258.74(d) provided by an insurer who 13 has a certificate of authority from the Michigan commissioner of 14 insurance to sell this line of coverage. An applicant for an 15 operating license shall submit evidence of the required coverage 16 by submitting both of the following to the department: 17 (a) A certificate of insurance that uses wording approved by 18 the department. 19 (b) A certified true and complete copy of the insurance 20 policy. 21 (7)(4)"Landfill" means a disposal area that is a sani- 22 tary landfill. 23 (8)(5)"Letter of credit" means an irrevocable letter of 24 credit that complies with 40 C.F.R. 258.74(c). 25 (9)(6)"Medical waste" means that term as it is defined 26 in part 138 of the public health code,Act No. 378 of the Public07385'02 7 1Acts of 1978, being sections 333.13801 to 333.13831 of the2Michigan Compiled Laws1978 PA 368, MCL 333.13801 TO 333.13831. 3 (10)(7)"Municipal solid waste incinerator" means an 4 incinerator that is owned or operated by any person, and meets 5 all of the following requirements: 6 (a) The incinerator receives solid waste from off site and 7 burns only household waste from single and multiple dwellings, 8 hotels, motels, and other residential sources, or this household 9 waste together with solid waste from commercial, institutional, 10 municipal, county, or industrial sources that, if disposed of, 11 would not be required to be placed in a disposal facility 12 licensed under part 111. 13 (b) The incinerator has established contractual requirements 14 or other notification or inspection procedures sufficient to 15 assure that the incinerator receives and burns only waste 16 referred to in subdivision (a). 17 (c) The incinerator meets the requirements of this part and 18 the rules promulgated under this part. 19 (d) The incinerator is not an industrial furnace as defined 20 in 40 C.F.R. 260.10. 21 (e) The incinerator is not an incinerator that receives and 22 burns only medical waste or only waste produced at 1 or more 23 hospitals. 24 (11)(8)"Municipal solid waste incinerator ash" means the 25 substances remaining after combustion in a municipal solid waste 26 incinerator. 07385'02 8 1 (12) "MUNICIPAL SOLID WASTE LANDFILL" OR "TYPE II LANDFILL" 2 MEANS A LANDFILL WHICH RECEIVES HOUSEHOLD WASTE, MUNICIPAL SOLID 3 WASTE INCINERATOR ASH, OR SEWAGE SLUDGE AND WHICH IS NOT A LAND 4 APPLICATION UNIT, SURFACE IMPOUNDMENT, INJECTION WELL, OR WASTE 5 PILE. A MUNICIPAL SOLID WASTE LANDFILL MAY ALSO RECEIVE OTHER 6 TYPES OF SOLID WASTE, SUCH AS COMMERCIAL WASTE, NONHAZARDOUS 7 SLUDGE, CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR WASTE, AND 8 INDUSTRIAL WASTE. A MUNICIPAL SOLID WASTE LANDFILL MAY BE PUB- 9 LICLY OR PRIVATELY OWNED. 10 (13)(9)"Perpetual care fund" means a perpetual care fund 11 provided for in section 11525. 12(10) "Trust fund" means a trust fund held by a trustee13which has the authority to act as a trustee and whose trust oper-14ations are regulated and examined by a federal or state agency.15A trust fund shall comply with section 11523b.16 Sec. 11506. (1) "Solid waste" means garbage, rubbish, 17 ashes, incinerator ash, incinerator residue, street cleanings, 18 municipal and industrial sludges, solid commercial and solid 19 industrial waste, and animal waste other than organic waste gen- 20 erated in the production of livestock and poultry. Solid waste 21 does not include the following: 22 (a) Human body waste. 23 (b) Medical waste as it is defined in part 138 of the public 24 health code,Act No. 368 of the Public Acts of 1978, being sec-25tions 333.13801 to 333.13831 of the Michigan Compiled Laws,1978 26 PA 368, MCL 333.13801 TO 333.13831, and regulated under part 138 07385'02 9 1 ofAct No. 368 of the Public Acts of 1978THE PUBLIC HEALTH 2 CODE, 1978 PA 368, MCL 333.13801 TO 333.13831, and part 55. 3 (c) Organic waste generated in the production of livestock 4 and poultry. 5 (d) Liquid waste. 6 (e) Ferrous or nonferrous scrap directed to a scrap metal 7 processor or to a reuser of ferrous or nonferrous products. 8 (f) Slag or slag products directed to a slag processor or to 9 a reuser of slag or slag products. 10 (g) Sludges and ashes managed as recycled, or nondetrimental 11 materials appropriate for agricultural or silvicultural use pur- 12 suant to a plan approved by the department. A by-product from 13 the processing of or a residual from fruits, vegetables, sugar 14 beets, or field crops; wood ashes resulting solely from a source 15 that burns only wood that is untreated and inert; lime from kraft 16 pulping processes generated prior to bleaching; or aquatic plants 17 may be applied on farmland for an agricultural or silvicultural 18 purpose, or used as animal feed, as appropriate, and such an 19 application or use does not require a plan described in this sub- 20 division or a permit or license under this part. In addition, 21 source separated materials approved by the department for land 22 application for agricultural and silvicultural purposes and com- 23 post produced from those materials may be applied to the land for 24 agricultural and silvicultural purposes and such an application 25 does not require a plan described in this subdivision or permit 26 or license under this part. Land application authorized under 27 this subdivision for an agricultural or silvicultural purpose, or 07385'02 10 1 use as animal feed, as provided for in this subdivision shall 2 occur in a manner that prevents losses from runoff and leaching, 3 and if applied to land, the land application shall be at an agro- 4 nomic rate consistent with generally accepted agricultural and 5 management practices under the MICHIGAN right to farm act,Act6No. 93 of the Public Acts of 1981, being sections 286.471 to7286.474 of the Michigan Compiled Laws1981 PA 93, MCL 286.471 TO 8 286.474. 9 (h) Materials approved for emergency disposal by the 10 department. 11 (i) Source separated materials. 12 (j) Site separated material. 13 (k) Fly ash or any other ash produced from the combustion of 14 coal, when used in the following instances: 15 (i) With a maximum of 6% of unburned carbon as a component 16 of concrete, grout, mortar, or casting molds. 17 (ii) With a maximum of 12% unburned carbon passing 18 M.D.O.T. test method MTM 101 when used as a raw material in 19 asphalt for road construction. 20 (iii) As aggregate, road, or building material which in 21 ultimate use will be stabilized or bonded by cement, limes, or 22 asphalt. 23 (iv) As a road base or construction fill that is covered 24 with asphalt, concrete, or other material approved by the depart- 25 ment and which is placed at least 4 feet above the seasonal 26 groundwater table. 07385'02 11 1 (v) As the sole material in a depository designed to 2 reclaim, develop, or otherwise enhance land, subject to the 3 approval of the department. In evaluating the site, the depart- 4 ment shall consider the physical and chemical properties of the 5 ash including leachability, and the engineering of the deposito- 6 ry, including, but not limited to, the compaction, control of 7 surface water and groundwater that may threaten to infiltrate the 8 site, and evidence that the depository is designed to prevent 9 water percolation through the material. 10 (l) Other wastes regulated by statute. 11 (2) "Solid waste hauler" means a person who owns or operates 12 a solid waste transporting unit. 13 (3) "Solid waste processing plant" means a tract of land, 14 building, unit, or appurtenance of a building or unit or a combi- 15 nation of land, buildings, and units that is used or intended for 16 use for the processing of solid waste or the separation of mate- 17 rial for salvage or disposal, or both, but does not include a 18 plant engaged primarily in the acquisition, processing, and ship- 19 ment of ferrous or nonferrous metal scrap, or a plant engaged 20 primarily in the acquisition, processing, and shipment of slag or 21 slag products. 22 (4) "Solid waste transporting unit" means a container that 23 may be an integral part of a truck or other piece of equipment 24 used for the transportation of solid waste. 25 (5) "Solid waste transfer facility" means a tract of land, a 26 building and any appurtenances, or a container, or any 27 combination of land, buildings, or containers that is used or 07385'02 12 1 intended for use in the rehandling or storage of solid waste 2 incidental to the transportation of the solid waste, but is not 3 located at the site of generation or the site of disposal of the 4 solid waste. 5 (6) "Source separated material" means glass, metal, wood, 6 paper products, plastics, rubber, textiles, garbage, yard clip- 7 pings, or any other material approved by the department that is 8 separated at the source of generation for the purpose of conver- 9 sion into raw materials or new products. 10 (7) "TRUST FUND" MEANS A TRUST FUND HELD BY A TRUSTEE WHICH 11 HAS THE AUTHORITY TO ACT AS A TRUSTEE AND WHOSE TRUST OPERATIONS 12 ARE REGULATED AND EXAMINED BY A FEDERAL OR STATE AGENCY. A TRUST 13 FUND SHALL COMPLY WITH SECTION 11523B. 14 (8) "TYPE III LANDFILL" MEANS A LANDFILL THAT IS NOT A 15 MUNICIPAL SOLID WASTE LANDFILL OR HAZARDOUS WASTE LANDFILL AND 16 INCLUDES BOTH OF THE FOLLOWING: 17 (A) CONSTRUCTION AND DEMOLITION WASTE LANDFILLS. 18 (B) INDUSTRIAL WASTE LANDFILLS. 19 (9)(7)"Yard clippings" means leaves, grass clippings, 20 vegetable or other garden debris, shrubbery, or brush or tree 21 trimmings, less than 4 feet in length and 2 inches in diameter, 22 that can be converted to compost humus. Yard clippings do not 23 include stumps, agricultural wastes, animal waste, roots, sewage 24 sludge, or garbage. 25 Sec. 11507a. (1) The owner or operator of a landfill shall 26 annually submit a report to the state and the county and 27 municipality in which the landfill is located that contains 07385'02 13 1 information on the amount of solid waste received by the landfill 2 during the year itemized, to the extent possible, by county, 3 state, or country of origin. 4(2) By September 1, 1996, the department shall develop and5submit to the legislature a plan to gather data on the amount of6recyclable materials recovered in the state itemized, to the7extent possible, by county, state, or country of origin.8 (2) BY SEPTEMBER 1, 2003, THE DEPARTMENT SHALL SUBMIT TO THE 9 LEGISLATURE A REPORT THAT CATEGORIZES THE AMOUNT OF SOLID WASTE 10 RECEIVED BY LANDFILLS IN THE STATE ITEMIZED BY STATE OR COUNTRY 11 OF ORIGIN AND CALCULATES THE PERCENTAGE OF SOLID WASTE THAT IS 12 DISPOSED OF ON THE BASIS OF IN-STATE AND OUT-OF-STATE GENERATION. 13 SEC. 11508A. (1) AN ORDINANCE, LAW, RULE, REGULATION, 14 POLICY, SOLID WASTE MANAGEMENT PLAN, OR PRACTICE OF A MUNICIPALI- 15 TY, COUNTY, OR OTHER LOCAL UNIT OF GOVERNMENT THAT PROHIBITS OR 16 REGULATES THE LOCATION, DEVELOPMENT, OR OPERATION OF A SOLID 17 WASTE DISPOSAL AREA CONFLICTS WITH THIS PART AND IS NOT 18 ENFORCEABLE. 19 (2) SUBSECTION (1) DOES NOT APPLY TO ANY OF THE FOLLOWING: 20 (A) THE CONDITIONS OF SITING APPLICABLE TO A MUNICIPAL SOLID 21 WASTE LANDFILL OR A COMMERCIAL TYPE III LANDFILL UNDER SECTION 22 11511B(1)(B). 23 (B) THE DISPOSAL AREA SITING CRITERIA APPLICABLE TO A MUNIC- 24 IPAL SOLID WASTE LANDFILL OR A COMMERCIAL TYPE III LANDFILL UNDER 25 SECTION 11511B(1)(C). 26 (C) HOST COMMUNITY AGREEMENTS. 07385'02 14 1 Sec. 11509. (1) Except as otherwise provided in section 2 11529, a person otherwise allowed under this part to own or 3 operate a solid waste disposal area shall not establish a dis- 4 posal area without a construction permit from the department, 5contrary to an approved solid waste management plan,or con- 6 trary to a permit, license, or final order issued pursuant to 7 this part. IF THE DISPOSAL AREA IS A MUNICIPAL SOLID WASTE LAND- 8 FILL OR A COMMERCIAL TYPE III LANDFILL, OR AN INCINERATOR, THE 9 DEPARTMENT SHALL NOT ISSUE A CONSTRUCTION PERMIT FOR THAT LAND- 10 FILL OR INCINERATOR UNLESS THE APPLICANT IS IN COMPLIANCE WITH 11 SECTIONS 11511A, 11511B, AND 11511C. A person proposing the 12 establishment of a disposal area shall apply for a construction 13 permit to the department through the health officer on a form 14 provided by the department. If the disposal area is located in a 15 county or city that does not have a certified health department, 16 the application shall be made directly to the department. 17 (2) The application for a construction permit shall contain 18 the name and residence of the applicant, the location of the pro- 19 posed disposal area, the INITIAL design capacity of the disposal 20 area, A COPY OF THE HOST COMMUNITY AGREEMENT, IF APPLICABLE, and 21 other information specified by rule. A person may apply to con- 22 struct more than 1 type of disposal area at the same facility 23 under a single permit. The application shall be accompanied by 24 an engineering plan and a construction permit application fee. A 25 constructionapplicationpermit APPLICATION for a landfill 26 shall be accompanied by a fee in an amount that is the sum of all 27 of the applicable fees in this subsection: 07385'02 15 1 (a) For a new sanitary landfill, a fee equal to the 2 following amount: 3 (i) For a municipal solid waste landfill, $1,500.00. 4 (ii) For an industrial waste landfill, $1,000.00. 5 (iii) For a type III landfill limited to low hazard indus- 6 trial waste, $750.00. 7 (b) For a lateral expansion of a sanitary landfill, a fee 8 equal to the following amount: 9 (i) For a municipal solid waste landfill, $1,000.00. 10 (ii) For an industrial waste landfill, $750.00. 11 (iii) For a type III landfill limited to low hazard indus- 12 trial waste, construction and demolition waste, or other nonin- 13 dustrial waste, $500.00. 14 (c) For a vertical expansion of an existing sanitary land- 15 fill, a fee equal to the following amount: 16 (i) For a municipal solid waste landfill, $750.00. 17 (ii) For an industrial waste landfill, $500.00. 18 (iii) For an industrial waste landfill limited to low hazard 19 industrial waste, construction and demolition waste, or other 20 nonindustrial waste, $250.00. 21 (3) The application for a construction permit for a solid 22 waste transfer facility, a solid waste processing plant, other 23 disposal area, or a combination of these, shall be accompanied by 24 a fee in the following amount: 25 (a) For a new facility for municipal solid waste, or a com- 26 bination of municipal solid waste and waste listed in subdivision 27 (b), $1,000.00. 07385'02 16 1 (b) For a new facility for industrial waste, or construction 2 and demolition waste, $500.00. 3 (c) For the expansion of an existing facility for any type 4 of waste, $250.00. 5 (4) If an application is returned to the applicant as admin- 6 istratively incomplete, the department shall refund the entire 7 fee. If a permit is denied or an application is withdrawn, the 8 department shall refund 1/2 theamounts specified in subsection9(3)FEE to the applicant. An applicant for a construction 10 permit, within 12 months after a permit denial or withdrawal, may 11 resubmit the application and the refunded portion of the fee, 12 together with the additional information as needed to address the 13 reasons for denial, without being required to pay an additional 14 application fee. 15 (5) An application for a modification to a construction 16 permit or for renewal of a construction permit which has expired 17 shall be accompanied by a fee of $250.00. Increases in final 18 elevations that do not result in an increase in design capacity 19 or a change in the solid waste boundary shall be considered a 20 modification and not a vertical expansion. 21 (6) A person who applies to permit more than 1 type of dis- 22 posal area at the same facility shall pay a fee equal to the sum 23 of the applicable fees listed in this section. 24 (7) The department shall deposit permit application fees 25 collected under this section in the solid waste staff account of 26 the solid waste management fund established in section 11550. 07385'02 17 1 Sec. 11511. (1) The department shall make a final decision 2 as to whether to issue a construction permit within 120 days 3 after the department receives an administratively complete 4 application. The decision of the department and the reasons for 5 the decision shall be in writing with specific reference to this 6 part or rules promulgated under this part for any substantiation 7 of denial of the permit application and shall be sent by 8 first-class mail to the clerk of the municipality in which the 9 disposal area is proposed to be located and to the applicant 10 within 10 days after the final decision is made. If the depart- 11 ment fails to make a final decision within 120 days, the permit 12 shall be considered issued. 13 (2) A construction permit shall expire 1 year after the date 14 of issuance, unless development under the construction permit is 15 initiated within that year. A construction permit that has 16 expired may be renewed upon payment of a permit renewal fee and 17 submission of any additional information the department may 18 require. 19(3) Except as otherwise provided in this subsection, the20department shall not issue a construction permit for a disposal21area within a planning area unless a solid waste management plan22for that planning area has been approved pursuant to sections2311536 and 11537 and unless the disposal area complies with and is24consistent with the approved solid waste management plan. The25department may issue a construction permit for a disposal area26designed to receive ashes produced in connection with the27combustion of fossil fuels for electrical power generation in the07385'02 18 1absence of an approved county solid waste management plan, upon2receipt of a letter of approval from whichever county or coun-3ties, group of municipalities, or regional planning agency has4prepared or is preparing the county solid waste management plan5for that planning area under section 11533 and from the munici-6pality in which the disposal area is to be located.7 SEC. 11511A. (1) EXCEPT AS PROVIDED IN SECTION 11511C, THE 8 DEPARTMENT SHALL NOT ISSUE A CONSTRUCTION PERMIT UNDER THIS PART 9 FOR A NEW MUNICIPAL SOLID WASTE LANDFILL OR A NEW COMMERCIAL TYPE 10 III LANDFILL OR A NEW INCINERATOR UNLESS THE PERSON PROPOSING TO 11 CONSTRUCT THE LANDFILL OR INCINERATOR HAS ENTERED INTO A HOST 12 COMMUNITY AGREEMENT WITH THE HOST COMMUNITY AND THE HOST COMMU- 13 NITY AGREEMENT IS APPROVED PURSUANT TO SUBSECTION (3). 14 (2) WHEN A HOST COMMUNITY IS NEGOTIATING A HOST COMMUNITY 15 AGREEMENT, THE HOST COMMUNITY SHALL TAKE THE SOLID WASTE MANAGE- 16 MENT PLAN FOR THAT JURISDICTION INTO CONSIDERATION. 17 (3) IF A HOST COMMUNITY ENTERS INTO A HOST COMMUNITY AGREE- 18 MENT PURSUANT TO THIS SECTION, THE HOST COMMUNITY SHALL FORWARD A 19 COPY OF THE HOST COMMUNITY AGREEMENT TO THE COUNTY BOARD OF COM- 20 MISSIONERS OF THE COUNTY IN WHICH THE HOST COMMUNITY IS LOCATED. 21 WITHIN 90 DAYS OF RECEIPT OF THE HOST COMMUNITY AGREEMENT, THE 22 COUNTY BOARD OF COMMISSIONERS SHALL VOTE TO APPROVE OR DISAPPROVE 23 THE HOST COMMUNITY AGREEMENT. UNLESS A MAJORITY OF THE MEMBERS 24 OF THE COUNTY BOARD OF COMMISSIONERS DISAPPROVE THE HOST COMMU- 25 NITY AGREEMENT WITHIN THE 90-DAY TIME PERIOD, IT IS APPROVED. IF 26 THE COUNTY BOARD OF COMMISSIONERS DISAPPROVES THE HOST COMMUNITY 27 AGREEMENT, THE BOARD SHALL SUBMIT ITS OBJECTIONS TO THE HOST 07385'02 19 1 COMMUNITY WITHIN 30 DAYS FOLLOWING ITS DISAPPROVAL OF THE HOST 2 COMMUNITY AGREEMENT. UPON RECEIPT OF THE BOARD'S OBJECTIONS, THE 3 MUNICIPALITY MAY ATTEMPT TO NEGOTIATE WITH THE PERSON PROPOSING 4 TO CONSTRUCT THE LANDFILL OR INCINERATOR TO ADDRESS THOSE OBJEC- 5 TIONS WITHIN THE HOST COMMUNITY AGREEMENT. THE MUNICIPALITY 6 SHALL EITHER RESUBMIT A MODIFIED HOST COMMUNITY AGREEMENT FOR 7 REVIEW BY THE COUNTY BOARD OF COMMISSIONERS OR NOTIFY THE BOARD 8 THAT IT INTENDS TO PURSUE THE PREVIOUSLY SUBMITTED HOST COMMUNITY 9 AGREEMENT. UNLESS WITHIN 90 DAYS AFTER SUBMITTAL OF THE MODIFIED 10 HOST COMMUNITY AGREEMENT OR THE NOTIFICATION THAT IT INTENDS TO 11 PURSUE THE PREVIOUSLY SUBMITTED HOST COMMUNITY AGREEMENT, THE 12 LEGISLATIVE BODIES OF 2/3 OF THE MUNICIPALITIES WITHIN THE COUNTY 13 ADOPT RESOLUTIONS OBJECTING TO THE HOST COMMUNITY AGREEMENT, THE 14 HOST COMMUNITY AGREEMENT IS APPROVED. 15 (4) AS USED IN THIS SECTION: 16 (A) "NEW INCINERATOR" MEANS AN INCINERATOR THAT ON THE 17 EFFECTIVE DATE OF THIS SECTION DOES NOT HAVE A PERMIT UNDER PART 18 55 AND WILL ACCEPT MUNICIPAL SOLID WASTE. 19 (B) "NEW MUNICIPAL SOLID WASTE LANDFILL OR NEW COMMERCIAL 20 TYPE III LANDFILL" MEANS A LANDFILL THAT IS NOT CONTIGUOUS TO THE 21 ACREAGE SITED, IDENTIFIED, RECOGNIZED IN, OR OTHERWISE CONSISTENT 22 WITH A SOLID WASTE MANAGEMENT PLAN IN EFFECT IMMEDIATELY BEFORE 23 THE EFFECTIVE DATE OF THIS SECTION FOR A MUNICIPAL SOLID WASTE 24 LANDFILL OR A COMMERCIAL TYPE III LANDFILL. 25 SEC. 11511B. (1) EACH MUNICIPAL SOLID WASTE LANDFILL AND 26 COMMERCIAL TYPE III LANDFILL IN THE STATE THAT IS LICENSED UNDER 07385'02 20 1 THIS PART ON THE EFFECTIVE DATE OF THIS SECTION MAY CONTINUE TO 2 OPERATE WITHIN ITS SITED ACREAGE, SUBJECT TO THE FOLLOWING: 3 (A) IF, BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE OWNER 4 OR OPERATOR OF A MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL 5 TYPE III LANDFILL ENTERED INTO A HOST COMMUNITY AGREEMENT WITH 6 THE MUNICIPALITY OR COUNTY IN WHICH THE LANDFILL IS LOCATED, THE 7 LANDFILL SHALL OPERATE SUBJECT TO THAT HOST COMMUNITY AGREEMENT. 8 NOTHING IN THIS PART VOIDS, MODIFIES, OR OTHERWISE INTERFERES 9 WITH A HOST COMMUNITY AGREEMENT ENTERED INTO BEFORE THE EFFECTIVE 10 DATE OF THIS SECTION AND WHICH HAS NOT EXPIRED. 11 (B) IF, BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE OWNER 12 OR OPERATOR OF THE MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL 13 TYPE III LANDFILL ENTERED INTO A HOST COMMUNITY AGREEMENT WITH 14 THE MUNICIPALITY OR COUNTY IN WHICH THE DISPOSAL AREA IS LOCATED 15 BUT THE HOST COMMUNITY AGREEMENT HAS EXPIRED, THE LANDFILL SHALL 16 OPERATE SUBJECT TO ANY CONDITIONS OF SITING. HOWEVER, IF THE 17 OWNER OR OPERATOR OF THE MUNICIPAL SOLID WASTE LANDFILL OR COM- 18 MERCIAL TYPE III LANDFILL ENTERS INTO A NEW HOST COMMUNITY AGREE- 19 MENT WITH EITHER THE MUNICIPALITY OR COUNTY IN WHICH THE DISPOSAL 20 AREA IS LOCATED REGARDING OPERATIONS AT THAT LANDFILL, THE LAND- 21 FILL SHALL OPERATE UNDER THE TERMS OF THAT NEW HOST COMMUNITY 22 AGREEMENT. 23 (C) IF, BEFORE THE EFFECTIVE DATE OF THIS SECTION, THE OWNER 24 OR OPERATOR OF THE MUNICIPAL SOLID WASTE LANDFILL OR COMMERCIAL 25 TYPE III LANDFILL HAS NOT ENTERED INTO A HOST COMMUNITY AGREEMENT 26 WITH THE MUNICIPALITY OR COUNTY IN WHICH THE DISPOSAL AREA IS 07385'02 21 1 LOCATED, THE LANDFILL SHALL CONTINUE TO OPERATE SUBJECT TO 2 CRITERIA THAT MEET ALL OF THE FOLLOWING REQUIREMENTS: 3 (i) THE CRITERIA ARE CONTAINED IN A SOLID WASTE MANAGEMENT 4 PLAN IN EFFECT AT THE TIME OF THE INITIAL SITING OF THE LANDFILL 5 OR IN EFFECT IMMEDIATELY BEFORE THE EFFECTIVE DATE OF THIS SEC- 6 TION, WHICHEVER ARE LESS RESTRICTIVE. 7 (ii) THE CRITERIA WERE SUBJECT TO THE ENFORCEABLE MECHANISM 8 ASSOCIATED WITH THAT SOLID WASTE MANAGEMENT PLAN. 9 (iii) THE CRITERIA RELATE TO THE DEVELOPMENT OR OPERATION OF 10 THE LANDFILL, EXCLUDING CRITERIA RELATING TO THE FLOW OF SOLID 11 WASTE. 12 (2) NOT MORE THAN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS 13 SECTION, THE OWNER OF EACH MUNICIPAL SOLID WASTE LANDFILL OR COM- 14 MERCIAL TYPE III LANDFILL SHALL SUBMIT A STATEMENT DESCRIBING ALL 15 CONTIGUOUS PROPERTY OWNED BY THE OWNER OF THE LANDFILL OR A SUB- 16 SIDIARY, PARENT, OR AN AFFILIATE OF THE OWNER. THE OWNER OF THE 17 LANDFILL SHALL SUBMIT THE STATEMENT TO EACH COUNTY AND MUNICIPAL- 18 ITY IN WHICH EITHER THE LANDFILL OR CONTIGUOUS PROPERTY IS 19 LOCATED. THE STATEMENT SHALL DESCRIBE THE PROPERTY BY PARCEL OR 20 LOT NUMBER OR METES AND BOUNDS DESCRIPTION, AND IDENTIFY THE 21 OWNER OR OWNERS OF RECORD. 22 (3) A MUNICIPAL SOLID WASTE LANDFILL OR A COMMERCIAL 23 TYPE III LANDFILL SHALL NOT EXPAND BEYOND ITS SITED ACREAGE ONTO 24 CONTIGUOUS PROPERTY UNLESS THE EXPANSION COMPLIES WITH THIS PART 25 AND THE RULES PROMULGATED UNDER THIS PART INCLUDING REQUIREMENTS 26 OF OBTAINING NECESSARY CONSTRUCTION PERMITS AND OPERATING 27 LICENSES, AND EITHER OF THE FOLLOWING APPLIES: 07385'02 22 1 (A) A HOST COMMUNITY AGREEMENT COVERING THE EXPANSION IS 2 REACHED BETWEEN THE HOST COMMUNITY AND THE OWNER OR OPERATOR OF 3 THE MUNICIPAL SOLID WASTE LANDFILL OR THE COMMERCIAL TYPE III 4 LANDFILL. 5 (B) PERMITTED CAPACITY OF THE REGION DESCRIBED IN 6 SECTION 11511C IN WHICH THE EXPANSION IS LOCATED IS LESS THAN 9 7 YEARS. 8 (4) IF THE CONDITION OF SUBSECTION(3)(B) IS MET AND IF THE 9 OWNER OR OPERATOR OF A MUNICIPAL SOLID WASTE LANDFILL OR A COM- 10 MERCIAL TYPE III LANDFILL IS UNABLE TO REACH AN AGREEMENT WITH 11 THE HOST COMMUNITY REGARDING A HOST COMMUNITY AGREEMENT WITHIN 90 12 DAYS AFTER A SUBMITTAL OF AN INITIAL OFFER, THE OWNER OR OPERATOR 13 MAY SUBMIT A WRITTEN REQUEST TO INITIATE ARBITRATION UNDER THIS 14 SECTION TO THE HOST COMMUNITY. 15 (5) AN ARBITRATION PANEL CONVENED TO DETERMINE THE TERMS OF 16 A HOST COMMUNITY AGREEMENT PURSUANT TO SUBSECTION (4) SHALL CON- 17 SIST OF 3 ARBITRATORS. ONE ARBITRATOR SHALL BE SELECTED BY THE 18 HOST COMMUNITY. ONE ARBITRATOR SHALL BE SELECTED BY THE OWNER OR 19 OPERATOR OF THE LANDFILL. ONE ARBITRATOR SHALL BE JOINTLY 20 SELECTED BY THE OWNER OR OPERATOR OF THE LANDFILL AND THE HOST 21 COMMUNITY. IF THE OWNER OR OPERATOR FAILS TO NOTIFY THE HOST 22 COMMUNITY OF THE OWNER'S OR OPERATOR'S SELECTION OF AN ARBITRATOR 23 WITHIN 30 DAYS AFTER SUBMITTING A WRITTEN REQUEST TO INITIATE 24 ARBITRATION TO THE HOST COMMUNITY, THE DIRECTOR SHALL SELECT AN 25 ARBITRATOR FOR THE OWNER OR OPERATOR FROM A LIST OF ARBITRATORS 26 PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. IF THE HOST 27 COMMUNITY FAILS TO NOTIFY THE OWNER OR OPERATOR OF THE HOST 07385'02 23 1 COMMUNITY'S SELECTION OF AN ARBITRATOR WITHIN 30 DAYS AFTER 2 RECEIVING THE WRITTEN REQUEST TO INITIATE ARBITRATION, THE DIREC- 3 TOR SHALL SELECT AN ARBITRATOR FOR THE HOST COMMUNITY FROM A LIST 4 OF ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. 5 IF THE PARTIES ARE UNABLE TO AGREE TO JOINTLY SELECT THE THIRD 6 ARBITRATOR, THE DIRECTOR SHALL SELECT AN ARBITRATOR FROM A LIST 7 OF ARBITRATORS PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. 8 (6) THE ARBITRATION PANEL SHALL BE CONVENED WITHIN 60 DAYS 9 AFTER RECEIPT OF THE REQUEST BY THE HOST COMMUNITY TO INITIATE 10 ARBITRATION. WITHIN 7 DAYS AFTER CONVENING, THE ARBITRATION 11 PANEL SHALL DO 1 OF THE FOLLOWING: 12 (A) ORDER THE PARTIES TO CONTINUE NEGOTIATING FOR A PERIOD 13 NOT TO EXCEED 30 DAYS AFTER THE DATE OF THE ORDER IF, IN THE 14 JUDGMENT OF THE PANEL, ARBITRATION CAN BE AVOIDED BY THE NEGOTIA- 15 TION OF ANY REMAINING ISSUES. IF THE PANEL ORDERS THE PARTIES TO 16 CONTINUE NEGOTIATIONS, THE REQUEST TO INITIATE ARBITRATION MAY BE 17 RESUBMITTED UPON EXPIRATION OF THE NEGOTIATION PERIOD. 18 (B) ORDER THE PARTIES TO SUBMIT THEIR RESPECTIVE FINAL 19 OFFERS TO THE PANEL WITHIN 7 DAYS AFTER THE DATE OF THE ORDER. 20 IF THE HOST COMMUNITY FAILS TO SUBMIT A FINAL OFFER WITHIN 7 DAYS 21 AFTER THE DATE OF THE ORDER, THE ARBITRATION PANEL SHALL ISSUE A 22 SUBSEQUENT ORDER TO THE HOST COMMUNITY TO SUBMIT ITS FINAL OFFER 23 TO THE PANEL WITHIN 7 DAYS AFTER THE DATE OF THE SUBSEQUENT 24 ORDER. IF THE HOST COMMUNITY FAILS TO SUBMIT A FINAL OFFER 25 WITHIN 7 DAYS AFTER THE DATE OF THE SECOND ORDER, THE OWNER'S OR 26 OPERATOR'S FINAL OFFER SHALL BE CONSIDERED THE APPROVED HOST 27 COMMUNITY AGREEMENT. IF THE LANDFILL OWNER OR OPERATOR FAILS TO 07385'02 24 1 SUBMIT A FINAL OFFER WITHIN 7 DAYS AFTER THE DATE OF THE INITIAL 2 ORDER TO THE LANDFILL OWNER OR OPERATOR UNDER THIS SUBDIVISION, 3 THE PROPOSAL SHALL BE CONSIDERED ABANDONED. 4 (7) A FINAL OFFER SHALL CONTAIN THE LANDFILL OWNER'S OR 5 OPERATOR'S OR THE HOST COMMUNITY'S FINAL TERMS AND CONDITIONS 6 RELATING TO THE LANDFILL AND ANY INFORMATION OR ARGUMENTS IN SUP- 7 PORT OF THE PROPOSALS. ADDITIONAL SUPPORTING INFORMATION MAY BE 8 SUBMITTED AT ANY TIME. A FINAL OFFER MAY NOT INCLUDE ANY OF THE 9 FOLLOWING: 10 (A) RESTRICTIONS ON THE INTRASTATE FLOW OF SOLID WASTE. 11 (B) TECHNICAL REQUIREMENTS RELATING TO THE DESIGN, CONSTRUC- 12 TION, OR OPERATION OF THE LANDFILL WHICH ARE MORE RESTRICTIVE 13 THAN THE PROVISIONS IN THIS PART OR THE RULES PROMULGATED UNDER 14 THIS PART. 15 (C) TERMS AFFECTING ANY PORTION OF THE LANDFILL OR OTHER 16 FACILITY WHICH IS NOT LOCATED ON THE CONTIGUOUS PROPERTY. 17 (8) NEGOTIATIONS BETWEEN THE PARTIES MAY CONTINUE DURING THE 18 ARBITRATION PROCESS. IF AN ISSUE SUBJECT TO NEGOTIATION IS 19 RESOLVED TO THE SATISFACTION OF BOTH PARTIES, IT SHALL BE INCOR- 20 PORATED INTO A WRITTEN AGREEMENT BETWEEN BOTH PARTIES AND THE 21 FINAL OFFER OF EACH PARTY SHALL BE AMENDED CONSISTENT WITH SUCH 22 AGREEMENT. 23 (9) SUBJECT TO SUBSECTION (8), AFTER THE FINAL OFFERS ARE 24 SUBMITTED TO THE ARBITRATION PANEL, NEITHER PARTY MAY AMEND ITS 25 FINAL OFFER, EXCEPT WITH THE WRITTEN PERMISSION OF THE OTHER 26 PARTY. 07385'02 25 1 (10) WITHIN 60 DAYS AFTER THE LAST DAY FOR SUBMITTING A 2 FINAL OFFER UNDER THIS SECTION, THE ARBITRATION PANEL SHALL ISSUE 3 AN ARBITRATION AWARD WITH APPROVAL OF A MINIMUM OF 2 PANEL 4 MEMBERS. THE ARBITRATION AWARD SHALL ADOPT, WITHOUT MODIFICA- 5 TION, THE FINAL OFFER OF EITHER THE OWNER OR OPERATOR OF THE 6 LANDFILL OR THE HOST COMMUNITY, EXCEPT THAT THE ARBITRATION AWARD 7 SHALL DELETE THOSE ITEMS THAT ARE NOT SUBJECT TO ARBITRATION 8 UNDER THIS SECTION. A COPY OF THE ARBITRATION AWARD SHALL BE 9 SERVED ON BOTH PARTIES. THE ARBITRATION PANEL MAY, AT ITS DIS- 10 CRETION, MEET WITH 1 OR BOTH PARTIES PRIOR TO ISSUING AN ARBITRA- 11 TION AWARD. 12 (11) IF THE LANDFILL OWNER OR OPERATOR CONSTRUCTS AND OPER- 13 ATES THE FACILITY THAT IS THE SUBJECT OF AN ARBITRATION AWARD 14 UNDER THIS SECTION, THE ARBITRATION AWARD SHALL BE CONSIDERED AN 15 APPROVED HOST COMMUNITY AGREEMENT AND SHALL BE BINDING ON THE 16 LANDFILL OWNER OR OPERATOR, THE HOST COMMUNITY, AND THE 17 DEPARTMENT. 18 (12) AS USED IN THIS SECTION: 19 (A) "CONTIGUOUS PROPERTY" MEANS THE SAME OR GEOGRAPHICALLY 20 CONTIGUOUS PROPERTY OWNED ON OR BEFORE JANUARY 1, 2002 BY THE 21 SAME PERSON, ITS SUBSIDIARIES, PARENT CORPORATION, OR AFFILIATES 22 THAT MAY BE DIVIDED BY A PUBLIC OR PRIVATE RIGHT-OF-WAY. 23 PROPERTY OWNED BY SUCH PERSONS AND CONNECTED BY A RIGHT-OF-WAY 24 WHICH SUCH PERSONS CONTROL AND TO WHICH THE PUBLIC DOES NOT HAVE 25 ACCESS IS ALSO CONTIGUOUS PROPERTY. 26 (B) "FLOW CONTROL" MEANS ANY REQUIREMENT DIRECTING THE 27 LOCATION IN WHICH SOLID WASTE OR RECYCLABLE MATERIALS MAY BE 07385'02 26 1 DISPOSED, PROCESSED, OR TRANSFERRED OR SHALL NOT BE DISPOSED, 2 PROCESSED, OR TRANSFERRED. 3 (C) "SITED ACREAGE" MEANS THE AREA FOR LANDFILL DEVELOPMENT 4 IDENTIFIED, RECOGNIZED IN, OR OTHERWISE CONSISTENT WITH A SOLID 5 WASTE MANAGEMENT PLAN THAT WAS IN EFFECT IMMEDIATELY BEFORE THE 6 EFFECTIVE DATE OF THIS SECTION. 7 SEC. 11511C. (1) NOTWITHSTANDING SECTION 11511A, THE 8 DEPARTMENT MAY ISSUE A CONSTRUCTION PERMIT FOR A MUNICIPAL SOLID 9 WASTE LANDFILL IF THE CONDITIONS OF THIS SECTION ARE MET. 10 (2) THE DEPARTMENT SHALL ANNUALLY PUBLISH NOTICE OF THE 11 EXISTING PERMITTED CAPACITY OF THE MUNICIPAL SOLID WASTE LAND- 12 FILLS IN EACH REGION OF THE STATE AS DESCRIBED IN SUBSECTION 13 (11). 14 (3) IF THE PERMITTED CAPACITY WITHIN ANY OF THESE REGIONS IS 15 LESS THAN 9 YEARS, A PERSON WHO IS INTERESTED IN SITING A MUNICI- 16 PAL SOLID WASTE LANDFILL WITHIN THAT REGION SHALL, NOT MORE THAN 17 30 DAYS AFTER THE PUBLICATION OF THE NOTICE UNDER SUBSECTION (2), 18 NOTIFY THE DEPARTMENT. A PERSON SHALL ONLY NOTIFY THE DEPARTMENT 19 OF HIS OR HER INTEREST IN SITING A MUNICIPAL SOLID WASTE LANDFILL 20 WITHIN THAT REGION IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 21 (A) THE PERSON HAS BEEN ACTIVELY NEGOTIATING THE TERMS AND 22 CONDITIONS OF SITING OF THE MUNICIPAL SOLID WASTE LANDFILL WITH 23 THE HOST COMMUNITY IN WHICH THE MUNICIPAL SOLID WASTE LANDFILL IS 24 PROPOSED TO BE LOCATED DURING THE 6-MONTH PERIOD IMMEDIATELY 25 PRIOR TO JANUARY 1 OF THAT YEAR AND THE HOST COMMUNITY HAS NOT 26 FINALLY REJECTED THE PROPOSAL AND TERMINATED NEGOTIATIONS. 07385'02 27 1 (B) THE PERSON OWNS OR HOLDS AN OPTION TO PURCHASE OR LEASE 2 THE LAND IN WHICH THE MUNICIPAL SOLID WASTE LANDFILL IS PROPOSED 3 TO BE LOCATED. 4 (C) THE PROPOSED SITE OF THE MUNICIPAL SOLID WASTE LANDFILL 5 WILL, AT THE TIME OF APPLICATION FOR A CONSTRUCTION PERMIT, MEET 6 THE SITING AND CONSTRUCTION CRITERIA CONTAINED IN RULES PROMUL- 7 GATED UNDER THIS PART. 8 (4) ONE YEAR AFTER BEING NOTIFIED UNDER SUBSECTION (3), THE 9 DEPARTMENT SHALL CONVENE AN ARBITRATION PANEL AND FORWARD TO THE 10 ARBITRATION PANEL ALL NOTIFICATIONS RECEIVED PURSUANT TO SUBSEC- 11 TION (2) THAT SATISFY THE CONDITIONS OF SUBSECTION (3). THE 12 ARBITRATION PANEL SHALL CONSIST OF 3 ARBITRATORS. ONE ARBITRATOR 13 SHALL BE SELECTED BY THE DEPARTMENT AND REPRESENT LOCAL UNITS OF 14 GOVERNMENT. ONE ARBITRATOR SHALL BE SELECTED BY THE DEPARTMENT 15 AND REPRESENT LANDFILL OWNERS. ONE ARBITRATOR MAY BE SELECTED 16 JOINTLY BY THE OTHER 2 ARBITRATORS. IF THE ARBITRATORS ARE 17 UNABLE TO AGREE TO JOINTLY SELECT THE THIRD ARBITRATOR, THE 18 DIRECTOR SHALL MAKE THIS SELECTION FROM A LIST OF ARBITRATORS 19 PROVIDED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRA- 20 TION PANEL SHALL UTILIZE PROCEDURES RECOMMENDED BY THE AMERICAN 21 ARBITRATION ASSOCIATION. 22 (5) UPON RECEIPT OF THE NOTIFICATIONS FROM THE DEPARTMENT 23 UNDER SUBSECTION (4), THE ARBITRATION PANEL SHALL CONVENE TO 24 DETERMINE WHETHER 1 OR MORE OF THE MUNICIPAL SOLID WASTE LAND- 25 FILLS SHOULD BE SITED AND THE TERMS OF A HOST COMMUNITY AGREEMENT 26 BETWEEN THE PERSON PROPOSING TO SITE THE LANDFILL AND THE HOST 27 COMMUNITY. IN MAKING ITS DETERMINATION, THE ARBITRATION PANEL 07385'02 28 1 SHALL CONSIDER THE CAPACITY NEEDS OF THE REGION AND STATE AND THE 2 OVERALL ENVIRONMENTAL PROTECTION AFFORDED BY THE LOCATION OF THE 3 PROPOSED MUNICIPAL SOLID WASTE LANDFILL. WITHIN 7 DAYS AFTER 4 CONVENING, THE ARBITRATION PANEL SHALL DO 1 OF THE FOLLOWING: 5 (A) ORDER THE PARTIES TO CONTINUE NEGOTIATING FOR A PERIOD 6 NOT TO EXCEED 30 DAYS AFTER THE DATE OF THE ORDER IF, IN THE 7 JUDGMENT OF THE PANEL, ARBITRATION CAN BE AVOIDED BY THE NEGOTIA- 8 TION OF ANY REMAINING ISSUES. IF THE PANEL ORDERS THE PARTIES TO 9 CONTINUE NEGOTIATIONS, THE REQUEST TO INITIATE ARBITRATION MAY BE 10 RESUBMITTED UPON EXPIRATION OF THE NEGOTIATION PERIOD. 11 (B) ORDER THE PARTIES TO SUBMIT THEIR RESPECTIVE FINAL 12 OFFERS TO THE PANEL WITHIN 7 DAYS AFTER THE DATE OF THE ORDER. 13 IF THE HOST COMMUNITY FAILS TO SUBMIT A FINAL OFFER WITHIN 7 DAYS 14 AFTER THE DATE OF THE ORDER, THE ARBITRATION PANEL SHALL ISSUE A 15 SUBSEQUENT ORDER TO THE HOST COMMUNITY TO SUBMIT ITS FINAL OFFER 16 TO THE PANEL WITHIN 7 DAYS AFTER THE DATE OF THE SUBSEQUENT 17 ORDER. IF THE HOST COMMUNITY FAILS TO SUBMIT A FINAL OFFER 18 WITHIN 7 DAYS AFTER THE DATE OF THE SECOND ORDER, THE OWNER'S OR 19 OPERATOR'S FINAL OFFER SHALL BE CONSIDERED THE APPROVED HOST COM- 20 MUNITY AGREEMENT. IF THE LANDFILL OWNER OR OPERATOR FAILS TO 21 SUBMIT A FINAL OFFER WITHIN 7 DAYS AFTER THE DATE OF THE INITIAL 22 ORDER TO THE LANDFILL OWNER OR OPERATOR UNDER THIS SUBDIVISION, 23 THE PROPOSAL SHALL BE CONSIDERED ABANDONED. 24 (6) A FINAL OFFER SHALL CONTAIN THE LANDFILL OWNER'S OR 25 OPERATOR'S OR THE HOST COMMUNITY'S FINAL TERMS AND CONDITIONS 26 RELATING TO THE FACILITY AND ANY INFORMATION OR ARGUMENTS IN 27 SUPPORT OF THE PROPOSALS. ADDITIONAL SUPPORTING INFORMATION MAY 07385'02 29 1 BE SUBMITTED AT ANY TIME. A FINAL OFFER MAY NOT INCLUDE ANY OF 2 THE FOLLOWING: 3 (A) RESTRICTIONS ON THE INTRASTATE FLOW OF SOLID WASTE. 4 (B) TECHNICAL REQUIREMENTS RELATING TO THE DESIGN, CONSTRUC- 5 TION, OR OPERATION OF THE LANDFILL WHICH ARE MORE RESTRICTIVE 6 THAN THE PROVISIONS IN THIS PART OR THE RULES PROMULGATED UNDER 7 THIS PART. 8 (C) TERMS AFFECTING ANY PORTION OF THE LANDFILL OR OTHER 9 FACILITY WHICH IS NOT LOCATED ON THE CONTIGUOUS PROPERTY. 10 (7) NEGOTIATIONS BETWEEN THE PARTIES MAY CONTINUE DURING THE 11 ARBITRATION PROCESS. IF AN ISSUE SUBJECT TO NEGOTIATION IS 12 RESOLVED TO THE SATISFACTION OF BOTH PARTIES, IT SHALL BE INCOR- 13 PORATED INTO A WRITTEN AGREEMENT BETWEEN BOTH PARTIES AND THE 14 FINAL OFFER OF EACH PARTY SHALL BE AMENDED CONSISTENT WITH SUCH 15 AGREEMENT. 16 (8) SUBJECT TO SUBSECTION (7), AFTER THE FINAL OFFERS ARE 17 SUBMITTED TO THE PANEL, NEITHER PARTY MAY AMEND ITS FINAL OFFER, 18 EXCEPT WITH THE WRITTEN PERMISSION OF THE OTHER PARTY. 19 (9) WITHIN 60 DAYS AFTER THE LAST DAY FOR SUBMITTING A FINAL 20 OFFER UNDER THIS SECTION, THE PANEL SHALL ISSUE AN ARBITRATION 21 AWARD WITH APPROVAL OF A MINIMUM OF 2 PANEL MEMBERS. THE ARBI- 22 TRATION AWARD SHALL ADOPT, WITHOUT MODIFICATION, THE FINAL OFFER 23 OF EITHER THE PERSON INTERESTED IN SITING A MUNICIPAL SOLID WASTE 24 LANDFILL OR THE HOST COMMUNITY, EXCEPT THAT THE ARBITRATION AWARD 25 SHALL DELETE THOSE ITEMS WHICH ARE NOT SUBJECT TO ARBITRATION 26 UNDER THIS SECTION. A COPY OF THE ARBITRATION AWARD SHALL BE 07385'02 30 1 SERVED ON BOTH PARTIES. THE PANEL MAY, AT ITS DISCRETION, MEET 2 WITH 1 OR BOTH PARTIES PRIOR TO ISSUING AN ARBITRATION AWARD. 3 (10) IF THE LANDFILL OWNER OR OPERATOR CONSTRUCTS AND OPER- 4 ATES THE FACILITY THAT IS THE SUBJECT OF AN ARBITRATION AWARD 5 UNDER THIS SECTION, THE ARBITRATION AWARD SHALL BE CONSIDERED AN 6 APPROVED HOST COMMUNITY AGREEMENT AND SHALL BE BINDING ON THE 7 LANDFILL OWNER OR OPERATOR, THE HOST COMMUNITY, AND THE 8 DEPARTMENT. 9 (11) FOR PURPOSES OF THIS SECTION, THE STATE IS DIVIDED INTO 10 THE FOLLOWING REGIONS: 11 (A) REGION I - UPPER PENINSULA -- ALGER, BARAGA, CHIPPEWA, 12 DELTA, DICKINSON, GOGEBIC, HOUGHTON, IRON, KEEWENAW, LUCE, 13 MACKINAC, MARQUETTE, MENOMINEE, ONTONAGON, AND SCHOOLCRAFT 14 COUNTIES. 15 (B) REGION II - NORTHERN LOWER PENINSULA -- ALCONA, ALPENA, 16 ANTRIM, ARENAC, BAY, BENZIE, CHARLEVOIX, CHEBOYGAN, CLARE, 17 CRAWFORD, EMMET, GLADWIN, GRAND TRAVERSE, IOSCO, ISABELLA, 18 KALKASKA, LAKE, LEELANAU, MANISTEE, MASON, MECOSTA, MIDLAND, 19 MISSAUKEE, MONTMORENCY, NEWAYGO, OCEANA, OGEMAW, OSCEOLA, OSCODA, 20 OTSEGO, PRESQUE ISLE, ROSCOMMON, AND WEXFORD COUNTIES. 21 (C) REGION III - SOUTHERN LOWER PENINSULA -- ALLEGAN, BARRY, 22 BERRIEN, BRANCH, CALHOUN, CASS, CLINTON, EATON, GENESEE, GRATIOT, 23 HILLSDALE, HURON, INGHAM, IONIA, JACKSON, KALAMAZOO, KENT, 24 LAPEER, LENAWEE, LIVINGSTON, MACOMB, MONROE, MONTCALM, MUSKEGON, 25 OAKLAND, OTTAWA, ST. CLAIR, ST. JOSEPH, SAGINAW, SANILAC, 26 SHIAWASSEE, TUSCOLA, VAN BUREN, WASHTENAW, AND WAYNE COUNTIES. 07385'02 31 1 SEC. 11511D. A MUNICIPAL SOLID WASTE LANDFILL OR A TYPE III 2 LANDFILL THAT IS IN COMPLIANCE WITH THIS PART AND THE RULES 3 PROMULGATED UNDER THIS PART IS NOT SUBJECT TO THE FOLLOWING: 4 (A) THE COUNTY ZONING ACT, 1943 PA 183, MCL 125.201 TO 5 125.240. 6 (B) THE TOWNSHIP ZONING ACT, 1943 PA 184, MCL 125.271 TO 7 125.310. 8 (C) THE CITY AND VILLAGE ZONING ACT, 1921 PA 207, MCL 9 125.581 TO 125.600. 10 Sec. 11512. (1) A person shall dispose of solid waste at a 11 disposal area licensed under this part unless a person is permit- 12 ted by state law or rules promulgated by the department to dis- 13 pose of the solid waste at the site of generation. 14 (2) Except as otherwise provided in this section or in sec- 15 tion 11529, a person otherwise allowed under this part to own or 16 operate a solid waste disposal area shall not conduct, manage, 17 maintain, or operate a disposal area within this state without a 18 license from the department,contrary to an approved solid waste19management plan,or contrary to a permit, license, or final 20 order issued under this part. A person who intends to conduct, 21 manage, maintain, or operate a disposal area shall submit a 22priorlicense application to the department through a certified 23 health department on a form provided by the department. If the 24 disposal area is located in a county or city that does not have a 25 certified health department, the application shall be made 26 directly to the department. A person authorized by this part to 07385'02 32 1 operate more than 1 type of disposal area at the same facility 2 may apply for a single license. 3 (3) The application for a license shall contain the name and 4 residence of the applicant, the location of the proposed or 5 existing disposal area, the type or types of disposal area pro- 6 posed, evidence of bonding, and other information required by 7 rule. In addition, an applicant for a type II landfill shall 8 submit evidence of financial assurance adequate to meet the 9 requirements of section 11523a, the maximum waste slope in the 10 active portion, an estimate of remaining permitted capacity, and 11 documentation on the amount of waste received at the disposal 12 area during the previous license period or expected to be 13 received, whichever is greater. The application shall be accom- 14 panied by a fee based on the number of years proposed for licen- 15 sure as specified in subsections (7), (9), and (10). 16 (4) At the time of application for a license for a disposal 17 area, the applicant shall submit to a health officer or the 18 department a certification under the seal of a licensed profes- 19 sional engineer verifying that the construction of the disposal 20 area has proceeded according to the approved plans. If construc- 21 tion of the disposal area or a portion of the disposal area is 22 not complete, the department shall require additional construc- 23 tion certification of that portion of the disposal area during 24 intermediate progression of the operation, as specified in 25 section 11516(4). 26 (5) An applicant for an operating license, within 6 months 27 after a license denial, may resubmit the application, together 07385'02 33 1 with additional information or corrections as are necessary to 2 address the reason for denial, without being required to pay an 3 additional application fee. 4 (6) In order to conduct tests and assess operational capa- 5 bilities, the owner or operator of a municipal solid waste incin- 6 erator that is designed to burn at a temperature in excess of 7 2500 degrees Fahrenheit may operate the incinerator without an 8 operating license, upon notice to the department, for a period 9 not to exceed 60 days. 10 (7) The application for a type II landfill operating license 11 shall be accompanied by the following fee for the 2-year term of 12 the operating license, calculated in accordance with 13 subsection (8): 14 (a) Landfills receiving less than 100 tons per day, 15 $250.00. 16 (b) Landfills receiving 100 tons per day or more, but less 17 than 250 tons per day, $1,000.00. 18 (c) Landfills receiving 250 tons per day or more, but less 19 than 500 tons per day, $2,500.00. 20 (d) Landfills receiving 500 tons per day or more, but less 21 than 1,000 tons per day, $5,000.00. 22 (e) Landfills receiving 1,000 tons per day or more, but less 23 than 1,500 tons per day, $10,000.00. 24 (f) Landfills receiving 1,500 tons per day or more, but less 25 than 3,000 tons per day, $20,000.00. 26 (g) Landfills receiving greater than 3,000 tons per day, 27 $30,000.00. 07385'02 34 1 (8) Type II landfill application fees shall be based on the 2 average amount of waste projected to be received daily during the 3 license period. Application fees for license renewals shall be 4 based on the average amount of waste received in the previous 5 calendar year. Application fees shall be adjusted in the follow- 6 ing circumstances: 7 (a) If a landfill accepts more waste than projected, a sup- 8 plemental fee equal to the difference shall be submitted with the 9 next license application. 10 (b) If a landfill accepts less waste than projected, the 11 department shall credit the applicant an amount equal to the dif- 12 ference with the next license application. 13 (c) A type II landfill that measures waste by volume rather 14 than weight shall pay a fee based on 3 cubic yards per ton. 15 (d) A landfill used exclusively for municipal solid waste 16 incinerator ash that measures waste by volume rather than weight 17 shall pay a fee based on 1 cubic yard per ton. 18 (e) If an application is submitted to renew a license more 19 than 1 year prior to license expiration, the department shall 20 credit the applicant an amount equal to 1/2 the application fee. 21 (f) If an application is submitted to renew a license more 22 than 6 months but less than 1 year prior to license expiration, 23 the department shall credit the applicant an amount equal to 1/4 24 the application fee. 25 (9) The operating license application for a type III land- 26 fill shall be accompanied by a fee equal to $2,500.00. 07385'02 35 1 (10) The operating license application for a solid waste 2 processing plant, solid waste transfer facility, other disposal 3 area, or combination of these entities shall be accompanied by a 4 fee equal to $500.00. 5 (11) The department shall deposit operating license applica- 6 tion fees collected under this section in the perpetual care 7 account of the solid waste management fund established in 8 section 11550. 9 (12) A person who applies for an operating license for more 10 than 1 type of disposal area at the same facility shall pay a fee 11 equal to the sum of the applicable application fees listed in 12 this section. 13 Sec. 11516. (1) Subject to subsection (4), the department 14 shall conduct a consistency review and make a final decision on a 15 license application within 90 days after the department receives 16 an administratively complete application. The decision of the 17 department and the reasons for the decision shall be documented 18 in writing with specific reference to this part or rules promul- 19 gated under this part and shall be sent by first-class mail to 20 the clerk of the municipality in which the disposal area is 21 located and to the applicant within 10 days after the final deci- 22 sion is made. If the department fails to make a final decision 23 within 90 days, the license is considered issued. 24 (2) An operating license shall expire 2 years after the date 25 of issuance. An operating license may be renewed before expira- 26 tion upon payment of a renewal application feespecified inAS 07385'02 36 1 PROVIDED UNDER section 11512(8) if the licensee is in compliance 2 with this part and the rules promulgated under this part. 3 (3) The issuance of the operating license under this part 4 empowers the department or a health officer or an authorized rep- 5 resentative of a health officer to enter at any reasonable time, 6 pursuant to law, in or upon private or public property licensed 7 under this part for the purpose of inspecting or investigating 8 conditions relating to the storage, processing, or disposal of 9 any material. 10(4) Except as otherwise provided in this subsection, the11department shall not issue an operating license for a new dis-12posal area within a planning area unless a solid waste management13plan for that planning area has been approved pursuant to14sections 11536 and 11537 and unless the disposal area complies15with and is consistent with the approved solid waste management16plan. The department may issue an operating license for a dis-17posal area designed to receive ashes produced in connection with18the combustion of fossil fuels for electrical power generation in19the absence of an approved county solid waste management plan,20upon receipt of a letter of approval from whichever county or21counties, group of municipalities, or regional planning agency22has prepared or is preparing the county solid waste management23plan for that planning area under section 11533 and from the24municipality in which the disposal area is to be located.25 (4)(5)Issuance of an operating license by the department 26 authorizes the licensee to accept waste for disposal in certified 27 portions of the disposal area for which a bond was established 07385'02 37 1 under section 11523 and, for type II landfills, for which 2 financial assurance was demonstrated under section 11523a. If 3 the construction of a portion of a landfill licensed under this 4 section is not complete at the time of license application, the 5 owner or operator of the landfill shall submit a certification 6 under the seal of a licensed professional engineer verifying that 7 the construction of that portion of the landfill has proceeded 8 according to the approved plans, at least 60 days prior to the 9 anticipated date of waste disposal in that portion of the 10 landfill. If the department does not deny the certification 11 within 60 days of receipt, the owner or operator may accept waste 12 for disposal in the certified portion. In the case of a denial, 13 the department shall,issue a written statement stating the 14 reasons why the construction or certification is not consistent 15 with this part or rules promulgated under this part or the 16 approved plans. 17 Sec. 11517. (1) Within 9 months after the completion of 18 construction of a municipal solid waste incinerator, the owner or 19 operator of a municipal solid waste incinerator shall submit a 20 plan to the department for a program that, to the extent practi- 21 cable, reduces the incineration of noncombustible materials and 22 dangerous combustible materials and their hazardous by-products 23 at the incinerator. The department shall approve or disapprove 24 the plan submitted under this subsection within 30 days after 25 receiving it. In reviewing the plan, the department shall con- 26 sider thecurrent county solid waste management plan,available 27 markets for separated materials, disposal alternatives for the 07385'02 38 1 separated materials, and collection practices for handling such 2 separated materials. If the department disapproves a plan, the 3 department shall notify the owner or operator submitting the plan 4 of this fact, and shall provide modifications that, if included, 5 would result in the plan's approval. If the department disap- 6 proves a plan, the owner or operator of a municipal solid waste 7 incinerator shall within 30 days after receipt of the 8 department's disapproval submit a revised plan that addresses all 9 of the modifications provided by the department. The department 10 shall approve or disapprove the revised plan within 30 days after 11 receiving it, and approval of the revised plan shall not be 12 unreasonably withheld. 13 (2) Not later than 6 months after the approval of the plan 14 by the department under subsection (1), the owner or operator 15 shall implement the plan in accordance with the implementation 16 schedule set forth in the plan. The operation of a municipal 17 solid waste incinerator without an approved plan under this sec- 18 tion shall subject the owner or operator, or both, to all of the 19 sanctions provided by this part. 20 Sec. 11519. (1) The department shall specify, in writing, 21 the reasons for denial of a construction permit or an operating 22 license, further specifying those particular sections of this 23 part or rules promulgated under this part that may be violated by 24 granting the application and the manner in which the violation 25 may occur. 26 (2) The health officer or department may issue a cease and 27 desist order specifying a schedule of closure or remedial action 07385'02 39 1 in accordance with this part and rules promulgated under this 2 part or may establish a consent agreement specifying a schedule 3 of closure or remedial action in accordance with this part and 4 rules promulgated under this part to a person who establishes, 5 constructs, conducts, manages, maintains, or operates a disposal 6 area without a permit or license or to a person who holds a 7 permit or license but establishes, constructs, conducts, manages, 8 maintains, or operates a disposal area contrary toan approved9solid waste management plan or contrary tothe permit or license 10 issued under this part. 11 (3) The department may issue a final order revoking, sus- 12 pending, or restricting a permit or license after a contested 13 case hearing as provided in the administrative procedures act of 14 1969,Act No. 306 of the Public Acts of 1969, being sections1524.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, MCL 16 24.201 TO 24.328, if the department finds that the disposal area 17 is not being constructed or operated in accordance withthe18approved plans,the conditions of a permit or license, this 19 part, or the rules promulgated under this part. A final order 20 issued pursuant to this section is subject to judicial review as 21 provided inAct No. 306 of the Public Acts of 1969THE ADMINIS- 22 TRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 23 24.328. The department or a health officer shall inspect and 24 file a written report not less than 4 times per year for each 25 licensed disposal area. The department or the health officer 26 shall provide the municipality in which the licensed disposal 27 area is located with a copy of each written inspection report if 07385'02 40 1 the municipality arranges with the department or the health 2 officer to bear the expense of duplicating and mailing the 3 reports. 4 (4) The department may issue an order summarily suspending a 5 permit or license if the department determines that a violation 6 of this part or rules promulgated under this part has occurred 7 which, in the department's opinion, constitutes an emergency or 8 poses an imminent risk of injury to the public health or the 9 environment. A determination that a violation poses an imminent 10 risk of injury to the public health shall be made by the 11 department. Summary suspension may be ordered effective on the 12 date specified in the order or upon service of a certified copy 13 of the order on the licensee, whichever is later, and shall 14 remain effective during the proceedings. The proceedings shall 15 be commenced within 7 days of the issuance of the order and shall 16 be promptly determined. 17 Sec. 11529. (1) A disposal area that is a solid waste 18 transfer facility is not subject to the construction permit and 19 operating license requirements of this part if either of the fol- 20 lowing circumstances exists: 21 (a) The solid waste transfer facility is not designed to 22 accept wastes from vehicles with mechanical compaction devices. 23 (b) The solid waste transfer facility accepts less than 200 24 uncompacted cubic yards per day. 25 (2) A solid waste transfer facility that is exempt from the 26 construction permit and operating license requirements of this 27 part under subsection (1) shall comply with the operating 07385'02 41 1 requirements of this part and the rules promulgated under this 2 part. 3 (3) Except as provided in subsection (5), a disposal area 4 that is an incinerator may, but is not required to, comply with 5 the construction permit and operating license requirements of 6 this part if both of the following conditions are met: 7 (a) The operation of the incinerator does not result in the 8 exposure of any solid waste to the atmosphere and the elements. 9 (b) The incinerator has a permit issued under part 55. 10 (4) A disposal area that is an incinerator that does not 11 comply with the construction permit and operating license 12 requirements of this part as permitted in subsection (3) is 13 subject to theplanning provisions of this part and must be14included in the county solid waste management plan for the county15in which the incinerator is locatedHOST COMMUNITY AGREEMENT 16 REQUIREMENTS PROVIDED IN SECTION 11511A. 17 (5) A disposal area that is a municipal solid waste inciner- 18 ator that is designed to burn at a temperature in excess of 2500 19 degrees Fahrenheit is not subject to the construction permit 20 requirements of this part. 21 SEC. 11531A. (1) EXCEPT AS PROVIDED IN SUBSECTION (2) AND 22 SECTION 11531B, A COUNTY OR A MUNICIPALITY SHALL NOT ENACT AN 23 ORDINANCE, RULE, REGULATION, OR LAW THAT DIRECTS OR RESTRICTS THE 24 FLOW OF THE SOLID WASTE. THE PORTION OF AN ORDINANCE, RULE, REG- 25 ULATION, OR LAW THAT VIOLATES THIS SUBSECTION IS VOID. 26 (2) AN ORDINANCE ENACTED PRIOR TO JANUARY 1, 2002 BY A 27 COUNTY OR MUNICIPALITY INCIDENTAL TO THE ISSUANCE OF BONDS BY THE 07385'02 42 1 COUNTY OR MUNICIPALITY OR BY A PUBLIC SERVICE AUTHORITY SERVING 2 THE COUNTY OR MUNICIPALITY TO FINANCE SOLID WASTE MANAGEMENT 3 FACILITIES OF THAT COUNTY OR MUNICIPALITY, OR THE EXECUTION, 4 DELIVERY, OR PERFORMANCE OF A WASTE CONTRACT, MAY REMAIN IN 5 EFFECT TO THE EXTENT NECESSARY FOR THE SHORTER OF THE FOLLOWING 6 PERIODS: 7 (A) UNTIL THE BONDS HAVE BEEN PAID IN FULL OR THE TERM OF 8 THE WASTE CONTRACT HAS EXPIRED. 9 (B) FOR THE REMAINING USEFUL LIFE OF THE FACILITY AS THAT 10 REMAINING LIFE MAY BE EXTENDED BY THE FOLLOWING: 11 (i) RETROFITTING OF EQUIPMENT OR THE MAKING OF OTHER SIGNIF- 12 ICANT MODIFICATIONS TO MEET APPLICABLE ENVIRONMENTAL REQUIREMENTS 13 OR SAFETY REQUIREMENTS. 14 (ii) REPAIR OR REPLACEMENT OF EQUIPMENT OR COMPONENTS THAT 15 DOES NOT ADD TO THE CAPACITY OF A WASTE MANAGEMENT FACILITY. 16 (3) AS USED IN THIS SECTION, "WASTE CONTRACT" MEANS A CON- 17 TRACT BETWEEN A COUNTY OR MUNICIPALITY AND A PUBLIC SERVICE 18 AUTHORITY CONCERNING THE MOVEMENT OR DELIVERY OF SOLID WASTE GEN- 19 ERATED WITHIN THE JURISDICTIONAL BOUNDARIES OF THE COUNTY OR 20 MUNICIPALITY OR PUBLIC SERVICE AUTHORITY. 21 SEC. 11531B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS 22 PART, A MUNICIPALITY, TO THE EXTENT ALLOWED BY LAW, MAY PROHIBIT, 23 AT A DISPOSAL AREA WITHIN ITS JURISDICTION, THE DISPOSAL OF SOLID 24 WASTE THAT WAS GENERATED OUTSIDE OF THE STATE. 25 Sec. 11532. (1) Except as provided in subsection (3), a 26 municipality may impose an impact fee of not more than 10 cents 27 per cubic yard on solid waste that is disposed of in a landfill 07385'02 43 1 located within the municipality that is utilized by the public 2 and utilized to dispose of solid waste collected from 2 or more 3 persons. However, if the landfill is located within a village, 4 the impact fee provided for in this subsection shall be imposed 5 by the township in agreement with the village. The impact fee 6 shall be assessed uniformly on all wastes accepted for disposal. 7 (2) Except as provided in subsection (3), a municipality may 8 impose an impact fee of not more than 10 cents per cubic yard on 9 municipal solid waste incinerator ash that is disposed of in a 10 landfill located within the municipality that is utilized to dis- 11 pose of municipal solid waste incinerator ash. However, if the 12 landfill is located within a village, the impact fee provided for 13 in this subsection shall be imposed by the township in agreement 14 with the village. 15 (3)AAS PART OF A HOST COMMUNITY AGREEMENT, A municipal- 16 ity may enter into an agreement with the owner or operator of a 17 landfill to establish a higher impact fee thanthoseTHAT pro- 18 vided for insubsections (1) andSUBSECTION (1) OR (2). 19 (4) IN ADDITION TO THE IMPACT FEE PROVIDED IN 20 SUBSECTION (1), (2), OR (3), A COUNTY IN WHICH A LANDFILL 21 DESCRIBED IN SUBSECTION (1) OR (2) IS LOCATED MAY IMPOSE AN 22 IMPACT FEE OF NOT MORE THAN 10 CENTS PER CUBIC YARD OF SOLID 23 WASTE OR MUNICIPAL SOLID WASTE INCINERATOR ASH DISPOSED OF IN THE 24 LANDFILL. MONEY COLLECTED BY A COUNTY PURSUANT TO THIS SECTION 25 SHALL BE USED BY THAT COUNTY ONLY TO ADDRESS IMPACTS OF THE LAND- 26 FILL OR FOR DISTRIBUTION BY THE COUNTY TO MUNICIPALITIES EITHER 07385'02 44 1 WITHIN OR OUTSIDE OF THE COUNTY THAT ARE IMPACTED BY THE 2 LANDFILL. 3 (5)(4)The impact fees imposed under this section shall 4 be collected by the owner or operator of a landfill and shall be 5 paid to the COUNTY OR municipality quarterly by the thirtieth day 6 after the end of each calendar quarter. However, the impact fees 7 allowed to be assessed to each landfill under this section shall 8 be reduced by any amount of revenue paid to or available to the 9 municipality OR COUNTY from the landfill under the terms of any 10 preexisting agreements, including, but not limited to, contracts, 11 special use permit conditions, court settlement agreement condi- 12 tions, and trusts. 13 (6)(5)Unless a trust fund is established by a municipal- 14 ity pursuant to subsection(6)(7), the revenue collected by a 15 municipality under subsections (1) and (2) shall be deposited in 16 its general fund to be used for any purpose that promotes the 17 public health, safety, or welfare of the citizens of the 18 municipality. However, revenue collected pursuant to this sec- 19 tion shall not be used to bring or support a lawsuit or other 20 legal action against an owner or operator of a landfill who is 21 collecting an impact fee pursuant to subsection(4)(5) unless 22 the owner or operator of the landfill has instituted a lawsuit or 23 other legal action against the municipality. 24 (7)(6)The municipality may establish a trust fund to 25 receive revenue collected pursuant to this section. The trust 26 fund shall be administered by a board of trustees. The board of 27 trustees shall consist of the following members: 07385'02 45 1 (a) The chief elected official of the municipality creating 2 the trust fund. 3 (b) An individual from the municipality appointed by the 4 governing board of the municipality. 5 (c) An individual approved by the owners or operators of the 6 landfills within the municipality and appointed by the governing 7 board of the municipality. 8 (8)(7)Individuals appointed to serve on the board of 9 trustees under subsection(6)(b)(7)(B) and (c) shall serve for 10 terms of 2 years. 11 (9)(8)Money in the trust fund may be expended, pursuant 12 to a majority vote of the board of trustees, for any purpose that 13 promotes the public health, safety, or welfare of the citizens of 14 the municipality. However, revenue collected pursuant to this 15 section shall not be used to bring or support a lawsuit or other 16 legal action against an owner or operator of a landfill who is 17 collecting an impact fee pursuant to subsection(4)(5) unless 18 the owner or operator of the landfill has instituted a lawsuit or 19 other legal action against the municipality. 20 Sec. 11533. (1) A COUNTY, OR 2 OR MORE COUNTIES ACTING 21 JOINTLY, MAY PREPARE A SOLID WASTE MANAGEMENT PLAN. Each solid 22 waste management plan shall includean enforceable program and23process to assure that the nonhazardous solid waste generated or24to be generated in the planning area for a period of 10 years or25more is collected and recovered, processed, or disposed of at26disposal areas which comply with state law and rules promulgated27by the department governing location, design, and operation of07385'02 46 1the disposal areasTHE BEST AVAILABLE DATA NECESSARY TO MANAGE 2 SOLID WASTE WITHIN THE PLANNING AREA. 3(2) An initial solid waste management plan shall be pre-4pared and approved under this section and shall be submitted to5the director not later than January 5, 1984. Following submittal6of the initial plan, the solid waste management plan shall be7reviewed and updated every 5 years. An updated plan and an8amendment to a plan shall be prepared and approved as provided in9sections 11533, 11534, 11535, 11536, 11537, and 11537a. The10solid waste management plan shall encompass all municipalities11within the county. The solid waste management plan shall at a12minimum comply with the requirements of sections 11537a and1311538. The solid waste management plan shall take into consider-14ation solid waste management plans in contiguous counties and15existing local approved solid waste management plans as they16relate to the county's needs. At a minimum, a county preparing a17solid waste management plan shall consult with the regional plan-18ning agency from the beginning to the completion of the plan.19(3) Not later than July 1, 1981, each county shall file with20the department and with each municipality within the county on a21form provided by the department, a notice of intent, indicating22the county's intent to prepare a county solid waste management23plan or to upgrade an existing plan. The notice shall identify24the designated agency which shall be responsible for preparing25the county solid waste management plan.26 (2)(4)If the county fails tofile a notice of intent27with the department within the prescribed time, the department07385'02 47 1immediately shall notify each municipality within the county and2shall request those municipalities to prepare the county solid3waste management plan and shall convene a meeting to discuss the4plan preparation. Within 4 months following notification by the5department, the municipalities shall decide by a majority vote of6the municipalities in the county whether or not to file a notice7of intent to prepare the county solid waste management plan.8Each municipality in the county shall have 1 vote. If a majority9does not agree, then a notice of intent shall not be filed. The10notice shall identify the designated agency which is responsible11for preparing the county solid waste management plan.PREPARE A 12 SOLID WASTE MANAGEMENT PLAN UNDER SUBSECTION (1), THE MUNICIPALI- 13 TIES WITHIN A COUNTY REPRESENTING 51% OR MORE OF THE TOTAL COUNTY 14 POPULATION MAY JOINTLY PREPARE A SOLID WASTE MANAGEMENT PLAN. 15(5) If the municipalities fail to file a notice of intent16to prepare a county solid waste management plan with the depart-17ment within the prescribed time, the department shall request the18appropriate regional solid waste management planning agency to19prepare the county solid waste management plan. The regional20solid waste management planning agency shall respond within2190 days after the date of the request.22(6) If the regional solid waste management planning agency23declines to prepare a county solid waste management plan, the24department shall prepare the solid waste management plan for the25county and that plan shall be final.07385'02 48 1(7) A solid waste management planning agency, upon request2of the department, shall submit a progress report in preparing3its solid waste management plan.4 Sec. 11534. (1) The county executive of a charter county 5 that elects a county executive and that chooses to prepare a 6 solid waste management plan under section 11533 or the county 7 board of commissioners in all other counties choosing to prepare 8an initialA solid waste management plan under section 11533, 9 or the municipalities preparingan initialA solid waste man- 10 agement plan under section11533(4)11533(2), shall appoint a 11 planning committee to assistthe agency designated to prepare12 IN THE PREPARATION OF the SOLID WASTE MANAGEMENT plan under 13 section 11533.If the county charter provides procedures for14approval by the county board of commissioners of appointments by15the county executive, an appointment under this subsection shall16be subject to that approval. A planning committee appointed pur-17suant to this subsection shall be appointed for terms of 218years. A planning committee appointed pursuant to this subsec-19tion may be reappointed for the purpose of completing the prepa-20ration of the initial solid waste management plan or overseeing21the implementation of the initial plan. Reappointed members of a22planning committee shall serve for terms not to exceed 2 years as23determined by the appointing authority. An initial solid waste24management plan shall only be approved by a majority of the mem-25bers appointed and serving.26 (2) A planning committee appointed pursuant to this section 27 shall consist of14 members. Of the members appointed, 4 shall07385'02 49 1 MEMBERS WHO represent the solid waste management industry,22shall representenvironmental interest groups,1 shall3representcounty government,1 shall representcity govern- 4 ment,1 shall representtownship government,1 shall5representthe regional solid waste planning agency,1 shall6representindustrial waste generators, and3 shall represent7 the general public.A member appointed to represent a county,8city, or township government shall be an elected official of that9government or the designee of that elected official. Vacancies10shall be filled in the same manner as the original appointments.11A member may be removed for nonperformance of duty.12(3) A planning committee appointed pursuant to this section13shall annually elect a chairperson and shall establish procedures14for conducting the committee's activities and for reviewing the15matters to be considered by the committee.16 SEC. 11534A. (1) A COUNTY IS NOT ELIGIBLE TO RECEIVE A 17 GRANT RELATED TO SOLID WASTE MANAGEMENT, SOURCE SEPARATION, OR 18 RECYCLING UNLESS THE COUNTY HAS PREPARED OR HAS JOINTLY PREPARED 19 A SOLID WASTE MANAGEMENT PLAN. 20 (2) A LOCAL UNIT OF GOVERNMENT SHALL NOT ISSUE BONDS TO 21 FINANCE A DISPOSAL AREA OR FOR OTHER SOLID WASTE MANAGEMENT, 22 SOURCE SEPARATION, OR RECYCLING PROJECTS UNLESS THE LOCAL UNIT OF 23 GOVERNMENT IS WITHIN THE JURISDICTION OF THE PLAN AREA OF A SOLID 24 WASTE MANAGEMENT PLAN. 25 Sec. 11535.A county or regional solid waste management26planning agencyTHE ENTITY OR ENTITIES preparing a solid waste 27 management plan shall do all of the following: 07385'02 50 1 (a) Solicit the advice of and consult periodically during 2 the preparation of the plan with the municipalities, appropriate 3 organizations, and the private sector in the countyunder sec-4tion 11538(1)and solicit the advice of and consult with the 5 appropriate county or regional solid waste management planning 6 agency and adjacent counties and municipalities in adjacent coun- 7 ties which may be significantly affected by the solid waste man- 8 agement plan for a county. 9(b) If a planning committee has been appointed under sec-10tion 11534, prepare the plan with the advice, consultation, and11assistance of the planning committee.12(c) Notify by letter the chief elected official of each13municipality within the county and any other person within the14county so requesting, not less than 10 days before each public15meeting of the planning agency designated by the county, if that16planning agency plans to discuss the county plan. The letter17shall indicate as precisely as possible the subject matter being18discussed.19 (B)(d)Submit for review a copy of the proposedcounty20or regionalsolid waste management planto the department,to 21 each municipality within the affectedcounty, and to adjacent22counties and municipalities that may be affected by the plan or23that have requested the opportunity to review the plan. The24county plan shall be submitted for review to the designated25regional solid waste management planning agency for that county.26 PLANNING AREA. ReviewingagenciesMUNICIPALITIES shall be 27 allowed an opportunity of not less than 3 months to review and 07385'02 51 1 comment on the plan before adoption of the plan by the countyor2a designated regional solid waste management planning agency.3The comments of a reviewing agency shall be submitted with the4plan to the county board of commissioners or to the regional5solid waste management planning agency.OR THE MUNICIPALITIES 6 PREPARING THE PLAN. 7 (C)(e)Publish a notice, at the time the plan is submit- 8 ted for review under subdivision(d)(B), of the availability 9 of the plan for inspection or copying, at cost, by an interested 10 person. 11 (D)(f)Conduct a public hearing on the proposedcounty12 solid waste management plan before formal adoption. A notice 13 shall be published not less than 30 days before a hearing in a 14 newspaper having a major circulation within the county OR COUN- 15 TIES INCLUDED IN THE PLANNING AREA. The notice shall indicate a 16 location where copies of the SOLID WASTE MANAGEMENT plan are 17 available for public inspection and shall indicate the time and 18 place of the public hearing. 19 Sec. 11536. (1)A municipality located in 2 counties or20adjacent to a municipality located in another county may request21to be included in the adjacent county's plan. Before the munici-22pality may be included, the request shall be approved by a reso-23lution of the county boards of commissioners of the counties24involved. A municipality may appeal to the department a decision25to exclude it from an adjacent county's plan. If there is an26appeal, the department shall issue a decision within 45 days.27The decision of the department is final. (2) Except as provided07385'02 52 1in subsection (3), theTHE county board of commissioners OR IF A 2 SOLID WASTE MANAGEMENT PLAN IS PREPARED UNDER SECTION 11533(2), 3 THE MUNICIPALITIES IN THE COUNTY PREPARING THE SOLID WASTE MAN- 4 AGEMENT PLAN shall formally act on the plan following the public 5 hearing required by section11535(f)11535(D). 6(3) If a planning committee has been appointed by the7county board of commissioners under section 11534(1), the county8board of commissioners, or if a plan is prepared under section911533(4), the municipalities in the county who voted in favor of10filing a notice of intent to prepare a county solid waste manage-11ment plan, shall take formal action on the plan after the comple-12tion of public hearings and only after the plan has been approved13by a majority of the planning committee as provided in section1411534(1). If the county board of commissioners, or, if a plan is15prepared under section 11533(4), a majority of the municipalities16in the county who voted in favor of filing a notice of intent to17prepare a county solid waste management plan, does or do not18approve the plan as submitted, the plan shall be returned to the19planning committee along with a statement of objections to the20plan. Within 30 days after receipt, the planning committee shall21review the objections and shall return the plan with its22recommendations.23 (2)(4)Following approval UNDER SUBSECTION (1), the 24countySOLID WASTE MANAGEMENT plan shall be approved by the 25 governing bodies of not less than67%66-2/3% of the municipal- 26 ities within each respective county before the plan may take 27 effect. IF THE SOLID WASTE MANAGEMENT PLAN IS PREPARED UNDER 07385'02 53 1 SECTION 11533(2), THE PLAN SHALL BE APPROVED BY NOT LESS THAN 2 66-2/3% OF THE GOVERNING BODIES OF THE PARTICIPATING 3 MUNICIPALITIES. IF A MUNICIPALITY FAILS TO APPROVE OR REJECT THE 4 SOLID WASTE MANAGEMENT PLAN WITHIN 90 DAYS, SUCH FAILURE SHALL BE 5 CONSIDERED AN APPROVAL. 6(5) A county plan prepared by a regional solid waste man-7agement planning agency shall be approved by the governing bodies8of not less than 67% of the municipalities within each respective9county before the plan may take effect.10(6) If, after the plan has been adopted, the governing11bodies of not less than 67% of the municipalities have not12approved the plan, the department shall prepare a plan for the13county, including those municipalities that did not approve the14county plan. A plan prepared by the department shall be final.15 (3) UPON APPROVAL UNDER SUBSECTION (2), A SOLID WASTE MAN- 16 AGEMENT PLAN SHALL BE SUBMITTED TO THE DEPARTMENT. 17 (4) AN ENTITY OR ENTITIES PREPARING A SOLID WASTE MANAGEMENT 18 PLAN UNDER THIS PART SHALL UPDATE THAT PLAN EVERY 5 YEARS TO 19 REFLECT CHANGES IN DATA. 20 Sec. 11538.(1) Not later than September 11, 1979, the21director shall promulgate rules for the development, form, and22submission of initial solid waste management plans. The rules23shall requireA SOLID WASTE MANAGEMENT PLAN PREPARED PURSUANT TO 24 THIS PART SHALL INCLUDE all of the following: 25 (a) The establishment of goals and objectives for prevention 26 of adverse effects on the public health and on the environment 27 resulting from improper solid waste collection, processing, or 07385'02 54 1 disposal including protection of surface and groundwater quality, 2 air quality, and the land. 3 (b) An evaluation AND CHARACTERIZATION of wasteproblems4 STREAMS by type and volume, including residential and commercial 5 solid waste, HOUSEHOLD hazardous waste, industrial sludges, pre- 6 treatment residues, municipal sewage sludge, air pollution con- 7 trol residue, and other wastes from industrial or municipal 8 sources. 9(c) An evaluation and selection of technically and economi-10cally feasible solid waste management options, which may include11sanitary landfill, resource recovery systems, resource conserva-12tion, or a combination of options.13 (C)(d)An inventory and description of all existing 14 facilities where solid waste is being treated, processed, or dis- 15 posed of, including COMPOSTING AND RECYCLING FACILITIES AND a 16 summary ofthe deficiencies, if any, of the facilities in meet-17ing current solid waste management needsCAPACITY. 18(e) The encouragement and documentation as part of the19plan, of all opportunities for participation and involvement of20the public, all affected agencies and parties, and the private21sector.22(f) That the plan contain enforceable mechanisms for imple-23menting the plan, including identification of the municipalities24within the county responsible for the enforcement. This subdivi-25sion does not preclude the private sector's participation in pro-26viding solid waste management services consistent with the county27plan.07385'02 55 1 (D) PUBLIC EDUCATION EFFORTS CONCERNING SOLID WASTE DISPOSAL 2 ALTERNATIVES. 3 (E)(g)Current and projected population densities of 4eachTHE county and identification of population centers and 5 centers of solid waste generation, including industrial wastes. 6 (F) AN ANALYSIS OR EVALUATION OF THE BEST AVAILABLE INFORMA- 7 TION APPLICABLE TO THE PLAN AREA IN REGARD TO RECYCLABLE MATERI- 8 ALS AND COMPOSTING. 9(h) That the plan area has, and will have during the plan10period, access to a sufficient amount of available and suitable11land, accessible to transportation media, to accommodate the12development and operation of solid waste disposal areas, or13resource recovery facilities provided for in the plan.14(i) That the solid waste disposal areas or resource recov-15ery facilities provided for in the plan are capable of being16developed and operated in compliance with state law and rules of17the department pertaining to protection of the public health and18the environment, considering the available land in the plan area,19and the technical feasibility of, and economic costs associated20with, the facilities.21(j) A timetable or schedule for implementing the county22solid waste management plan.23(2) Each solid waste management plan shall identify specific24sites for solid waste disposal areas for a 5-year period after25approval of a plan or plan update. In calculating disposal need26requirements to measure compliance with this section, only those27existing waste stream volume reduction levels achieved through07385'02 56 1source reduction, reuse, composting, recycling, or incineration,2or any combination of these reduction devices, that can currently3be demonstrated or that can be reasonably expected to be achieved4through currently active implementation efforts for proposed5volume reduction projects, may be assumed by the planning6entity. In addition, if the solid waste management plan does not7also identify specific sites for solid waste disposal areas for8the remaining portion of the entire planning period required by9this part after approval of a plan or plan update, the solid10waste management plan shall include an interim siting mechanism11and an annual certification process as described in subsections12(3) and (4). In calculating the capacity of identified disposal13areas to determine if disposal needs are met for the entire14required planning period, full achievement of the solid waste15management plan's volume reduction goals may be assumed by the16planning entity if the plan identifies a detailed programmatic17approach to achieving these goals. If a siting mechanism is not18included, and disposal capacity falls to less than 5 years of19capacity, a county shall amend its plan to resolve the20shortfall.21(3) An interim siting mechanism shall include both a process22and a set of minimum siting criteria, both of which are not23subject to interpretation or discretionary acts by the planning24entity, and which if met by an applicant submitting a disposal25area proposal, will guarantee a finding of consistency with the26plan. The interim siting mechanism shall be operative upon the27call of the board of commissioners or shall automatically be07385'02 57 1operative whenever the annual certification process shows that2available disposal capacity will provide for less than 66 months3of disposal needs. In the latter event, applications for a find-4ing of consistency from the proposers of disposal area capacity5will be received by the planning agency commencing on January 16following completion of the annual certification process. Once7operative, an interim siting mechanism will remain operative for8at least 90 days or until more than 66 months of disposal capac-9ity is once again available, either by the approval of a request10for consistency or by the adoption of a new annual certification11process which concludes that more than 66 months of disposal12capacity is available.13(4) An annual certification process shall be concluded by14June 30 of each year, commencing on the first June 30 which is15more than 12 months after the department's approval of the plan16or plan update. The certification process will examine the17remaining disposal area capacity available for solid wastes gen-18erated within the planning area. In calculating disposal need19requirements to measure compliance with this section, only those20existing waste stream volume reduction levels achieved through21source reduction, reuse, composting, recycling, or incineration,22or any combination of these reduction devices, that can currently23be demonstrated or that can be reasonably expected to be achieved24through currently active implementation efforts for proposed25volume reduction projects, may be assumed. The annual certifica-26tion of disposal capacity shall be approved by the board of27commissioners. Failure to approve an annual certification by07385'02 58 1June 30 is equivalent to a finding that less than a sufficient2amount of capacity is available and the interim siting mechanism3will then be operative on the first day of the following4January. As part of the department's responsibility to act on5construction permit applications, the department has final deci-6sion authority to approve or disapprove capacity certifications7and to determine consistency of a proposed disposal area with the8solid waste management plan.9(5) A board of commissioners may adopt a new certification10of disposal capacity at any time. A new certification of dis-11posal capacity shall supersede all previous certifications, and12become effective 30 days after adoption by the board of commis-13sioners and remain in effect until subsequent certifications are14adopted.15(6) In order for a disposal area to serve the disposal needs16of another county, state, or country, the service, including the17disposal of municipal solid waste incinerator ash, must be18explicitly authorized in the approved solid waste management plan19of the receiving county. With regard to intercounty service20within Michigan, the service must also be explicitly authorized21in the exporting county's solid waste management plan.22(7) A person shall not dispose of, store, or transport solid23waste in this state unless the person complies with the require-24ments of this part.25(8) Following approval by the director of a county solid26waste management plan and after July 1, 1981, an ordinance, law,27rule, regulation, policy, or practice of a municipality, county,07385'02 59 1or governmental authority created by statute, which prohibits or2regulates the location or development of a solid waste disposal3area, and which is not part of or not consistent with the4approved solid waste management plan for the county, shall be5considered in conflict with this part and shall not be6enforceable.7 SEC. 11551. ADMINISTRATIVE RULES R 299.4112(1)(B) AND 8 299.4711(E)(iii)(C) OF THE MICHIGAN ADMINISTRATIVE CODE ARE 9 RESCINDED. 10 Enacting section 1. Sections 11513, 11524, 11531, 11537, 11 11537a, 11539, 11539a, 11541, and 11547 of the natural resources 12 and environmental protection act, 1994 PA 451, MCL 324.11513, 13 324.11524, 324.11531, 324.11537, 324.11537a, 324.11539, 14 324.11539a, 324.11541, and 324.11547, are repealed. 07385'02 Final page. TMV