SB-0020, As Passed House, June 11, 2014

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 20

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11123 (MCL 324.11123), as amended by 2010 PA

 

357.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 11123. (1) Unless a person is complying with subsection

 

 2  (8) or a rule promulgated under section 11127(4), a person shall

 

 3  not establish, construct, conduct, manage, maintain, or operate a

 

 4  treatment, storage, or disposal facility within this state

 

 5  without an operating license from the department.

 

 6        (2) An application for an operating license for a proposed

 

 7  treatment, storage, or disposal facility or the expansion,

 

 8  enlargement, or alteration of a treatment, storage, or disposal

 

 1  facility beyond its original authorized design capacity or beyond

 

 2  the area specified in an existing operating license, original

 

 3  construction permit, or other authorization shall be submitted on

 

 4  a form provided by the department and contain all of the

 

 5  following:

 

 6        (a) The name and residence of the applicant.

 

 7        (b) The location of the proposed treatment, storage, or

 

 8  disposal facility project.

 

 9        (c) A copy of an actual published notice that the applicant

 

10  published at least 30 days before submittal of the application in

 

11  a newspaper having major circulation in the municipality and the

 

12  immediate vicinity of the proposed treatment, storage, or

 

13  disposal facility project. The notice shall contain a map

 

14  indicating the location of the proposed treatment, storage, or

 

15  disposal facility project and information on the nature and size

 

16  of the proposed facility. In addition, as provided by the

 

17  department, the notice shall contain a description of the

 

18  application review process, the location where the complete

 

19  application may be reviewed, and an explanation of how copies of

 

20  the complete application may be obtained.

 

21        (d) A written summary of the comments received at the public

 

22  preapplication meeting required by rule and the applicant's

 

23  response to the comments, including any revisions to the

 

24  application.

 

25        (e) A determination of existing hydrogeological

 

26  characteristics specified in a hydrogeological report and

 

27  monitoring program consistent with rules promulgated under this

 

 1  part.

 

 2        (f) An environmental assessment. The environmental

 

 3  assessment shall include, at a minimum, an evaluation of the

 

 4  proposed facility's impact on the air, water, and other natural

 

 5  resources of this state, and also shall contain an environmental

 

 6  failure mode assessment.

 

 7        (g) The procedures for closure and postclosure monitoring.

 

 8        (h) An engineering plan.

 

 9        (i) Other information specified by rule or by federal

 

10  regulation issued under the solid waste disposal act.

 

11        (j) An application fee. The application fee shall be

 

12  deposited in the environmental pollution prevention fund created

 

13  in section 11130. Pursuant to procedures established by rule, the

 

14  application fee shall be the sum of $25,000.00 plus all of the

 

15  following, as applicable:

 

 

16        (i)   For a landfill, surface impoundment,

17              land treatment, or waste pile

18              facility................................  $ 9,000.00

19        (ii)   For an incinerator or treatment

20              facility other than a treatment facility

21              described in subparagraph (i)...........  $ 7,200.00

22        (iii)   For a storage facility, other than

23              storage that is associated with

24              treatment or disposal activities that

25              may be regulated under a single license.. $   500.00

 

 

26        (k) Except as otherwise provided in this subdivision, a

 

27  disclosure statement that includes all of the following:

 

 1        (i) The full name and business address of all of the

 

 2  following:

 

 3        (A) The applicant.

 

 4        (B) The 5 persons holding the largest shares of the equity

 

 5  in or debt liability of the proposed facility. The department may

 

 6  waive all or any portion of this requirement for an applicant

 

 7  that is a corporation with publicly traded stock.

 

 8        (C) The operator. If a waiver is obtained under sub-

 

 9  subparagraph (B), detailed information regarding the proposed

 

10  operator shall be included in the disclosure statement.

 

11        (D) If known, the 3 employees of the operator who will have

 

12  the most responsibility for the day-to-day operation of the

 

13  facility, including their previous experience with other

 

14  hazardous waste treatment, storage, or disposal facilities.

 

15        (E) Any other partnership, corporation, association, or

 

16  other legal entity if any person required to be listed under sub-

 

17  subparagraphs (A) to (D) has at any time had 25% or more of the

 

18  equity in or debt liability of that legal entity. The department

 

19  may waive all or any portion of this requirement for an applicant

 

20  that is a corporation with publicly traded stock.

 

21        (ii) A For each person required to be listed under this

 

22  subdivision, a list of all convictions for criminal violations of

 

23  any environmental statute enacted by a federal, state, Canadian,

 

24  or Canadian provincial agency for each person required to be

 

25  listed under this subdivision. if the statute is an environmental

 

26  statute, if the violation was a misdemeanor committed in

 

27  furtherance of obtaining an operating license under this part not

 

 1  more than 5 years before the application is filed, or if the

 

 2  violation was a felony committed in furtherance of obtaining an

 

 3  operating license under this part not more than 10 years before

 

 4  the application is filed. If debt liability is held by a

 

 5  chartered lending institution, information required in this

 

 6  subparagraph and subparagraphs (iii) and (iv) is not required from

 

 7  that institution. The department shall submit to the legislature

 

 8  a report on the 2014 act that amended this subparagraph,

 

 9  including the number of permits denied as a result of that act

 

10  and whether this subparagraph should be further amended. The

 

11  report shall cover the 5-year period after the effective date of

 

12  that act and shall be submitted within 60 days after the

 

13  expiration of that 5-year period. The report may be submitted

 

14  electronically.

 

15        (iii) A list of all environmental permits or licenses issued

 

16  by a federal, state, local, Canadian, or Canadian provincial

 

17  agency held by each person required to be listed under this

 

18  subdivision that were permanently revoked because of

 

19  noncompliance.

 

20        (iv) A list of all activities at property owned or operated

 

21  by each person required to be listed under this subdivision that

 

22  resulted in a threat or potential threat to the environment and

 

23  for which public funds were used to finance an activity to

 

24  mitigate the threat or potential threat to the environment,

 

25  except if the public funds expended to facilitate the mitigation

 

26  of environmental contamination were voluntarily and expeditiously

 

27  recovered from the applicant or other listed person without

 

 1  litigation.

 

 2        (l) A demonstration that the applicant has considered each of

 

 3  the following:

 

 4        (i) The risk and impact of accident during the transportation

 

 5  of hazardous waste to the treatment, storage, or disposal

 

 6  facility.

 

 7        (ii) The risk and impact of fires or explosions from improper

 

 8  treatment, storage, and disposal methods at the treatment,

 

 9  storage, or disposal facility.

 

10        (iii) The impact on the municipality where the proposed

 

11  treatment, storage, or disposal facility is to be located in

 

12  terms of health, safety, cost, and consistency with local

 

13  planning and existing development, including proximity to

 

14  housing, schools, and public facilities.

 

15        (iv) The nature of the probable environmental impact,

 

16  including the specification of the predictable adverse effects on

 

17  each of the following:

 

18        (A) The natural environment and ecology.

 

19        (B) Public health and safety.

 

20        (C) Scenic, historic, cultural, and recreational values.

 

21        (D) Water and air quality and wildlife.

 

22        (m) A summary of measures evaluated to mitigate the impacts

 

23  identified in subdivision (l) and a detailed description of the

 

24  measures to be implemented by the applicant.

 

25        (n) A schedule for submittal of all of the following

 

26  postconstruction documentation:

 

27        (i) Any changes in, or additions to, the previously submitted

 

 1  disclosure information, or a certification that the disclosure

 

 2  listings previously submitted continue to be correct, following

 

 3  completion of construction of the treatment, storage, or disposal

 

 4  facility.

 

 5        (ii) A certification under the seal of a licensed

 

 6  professional engineer verifying that the construction of the

 

 7  treatment, storage, or disposal facility has proceeded according

 

 8  to the plans approved by the department and, if applicable, the

 

 9  approved construction permit, including as-built plans.

 

10        (iii) A certification of the treatment, storage, or disposal

 

11  facility's capability of treating, storing, or disposing of

 

12  hazardous waste in compliance with this part.

 

13        (iv) Proof of financial assurance as required by rule.

 

14        (3) If any information required to be included in the

 

15  disclosure statement under subsection (2)(k) changes or is

 

16  supplemented after the filing of the statement, the applicant or

 

17  licensee shall provide that information to the department in

 

18  writing not later than 30 days after the change or addition.

 

19        (4) Notwithstanding any other provision of law, the

 

20  department may deny an application for an operating license if

 

21  there are any listings pursuant to subsection (2)(k)(ii), (iii), or

 

22  (iv) as originally disclosed or as supplemented.

 

23        (5) The application for an operating license for a proposed

 

24  limited storage facility, which is subject to the requirements

 

25  pertaining to storage facilities, shall be submitted on a form

 

26  provided by the department and contain all of the following:

 

27        (a) The name and residence of the applicant.

 

 1        (b) The location of the proposed facility.

 

 2        (c) A determination of existing hydrogeological

 

 3  characteristics specified in a hydrogeological report and

 

 4  monitoring program consistent with rules promulgated under this

 

 5  part.

 

 6        (d) An environmental assessment. The environmental

 

 7  assessment shall include, at a minimum, an evaluation of the

 

 8  proposed facility's impact on the air, water, and other natural

 

 9  resources of this state, and also shall contain an environmental

 

10  failure mode assessment.

 

11        (e) The procedures for closure.

 

12        (f) An engineering plan.

 

13        (g) Proof of financial responsibility.

 

14        (h) A resolution or other formal determination of the

 

15  governing body of each municipality in which the proposed limited

 

16  storage facility would be located indicating that the limited

 

17  storage facility is compatible with the zoning ordinance of that

 

18  municipality, if any. However, in the absence of a resolution or

 

19  other formal determination, the application shall include a copy

 

20  of a registered letter sent to the municipality at least 60 days

 

21  before the application submittal, indicating the intent to

 

22  construct a limited storage facility, and requesting a formal

 

23  determination on whether the proposed facility is compatible with

 

24  the zoning ordinance of that municipality, if any, in effect on

 

25  the date the letter is received, and indicating that failure to

 

26  pass a resolution or make a formal determination within 60 days

 

27  of receipt of the letter means that the proposed facility is to

 

 1  be considered compatible with any applicable zoning ordinance.

 

 2  If, within 60 days of receiving a registered letter, a

 

 3  municipality does not make a formal determination concerning

 

 4  whether a proposed limited storage facility is compatible with a

 

 5  zoning ordinance of that municipality as in effect on the date

 

 6  the letter is received, the limited storage facility is

 

 7  considered compatible with any zoning ordinance of that

 

 8  municipality, and incompatibility with a zoning ordinance of that

 

 9  municipality shall not be is not a basis for denial of the

 

10  license by the department.the department to deny the license.

 

11        (i) An application fee of $500.00. The application fee shall

 

12  be deposited in the environmental pollution prevention fund

 

13  created in section 11130.

 

14        (j) Other information specified by rule or by federal

 

15  regulation issued under the solid waste disposal act.

 

16        (6) The application for an operating license for a

 

17  treatment, storage, or disposal facility other than a facility

 

18  identified in subsection (2) or (5) shall be made on a form

 

19  provided by the department and include all of the following:

 

20        (a) The name and residence of the applicant.

 

21        (b) The location of the existing treatment, storage, or

 

22  disposal facility.

 

23        (c) Other information considered necessary by the department

 

24  or specified in this section, by rule, or by federal regulation

 

25  issued under the solid waste disposal act.

 

26        (d) Proof of financial responsibility. An applicant for an

 

27  operating license for a treatment, storage, or disposal facility

 

 1  that is a surface impoundment, landfill, or land treatment

 

 2  facility shall demonstrate financial responsibility for claims

 

 3  arising from nonsudden and accidental occurrences relating to the

 

 4  operation of the facility that cause injury to persons or

 

 5  property.

 

 6        (e) A fee of $500.00. The fee shall be deposited in the

 

 7  environmental pollution prevention fund created in section 11130.

 

 8        (7) The department shall establish a schedule for requiring

 

 9  each person subject to subsection (8) to submit an operating

 

10  license application. The department may adjust this schedule as

 

11  necessary. Each person subject to subsection (8) shall submit a

 

12  complete operating license application within 180 days of the

 

13  date requested to do so by the department.

 

14        (8) A person who owns or operates a treatment, storage, or

 

15  disposal facility that is in existence on the effective date of

 

16  an amendment of this part or of a rule promulgated under this

 

17  part that renders all or portions of the facility subject to the

 

18  operating license requirements of this section may continue to

 

19  operate the facility or portions of the facility that are subject

 

20  to the operating license requirements until an operating license

 

21  application is approved or denied if all of the following

 

22  conditions have been met:

 

23        (a) A complete operating license application is submitted

 

24  within 180 days of the date requested by the department under

 

25  subsection (7).

 

26        (b) The person is in compliance with all rules promulgated

 

27  under this part and with all other state laws.

 

 1        (c) The person qualifies for interim status as defined in

 

 2  the solid waste disposal act, is in compliance with interim

 

 3  status standards established by federal regulation under subtitle

 

 4  C of the solid waste disposal act, 42 USC 6921 to 6939e, and has

 

 5  not had interim status terminated.

 

 6        (9) A person may request to be placed on a department-

 

 7  organized mailing list to be kept informed of any rules, plans,

 

 8  operating license applications, contested case hearings, public

 

 9  hearings, or other information or procedures relating to the

 

10  administration of this part. The department may charge a fee to

 

11  cover the cost of the materials.