Bill Text: MI SB0020 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Environmental protection; permits; hazardous waste permit; allow DEQ to deny based on conviction of crime committed in pursuit of permit. Amends sec. 11123 of 1994 PA 451 (MCL 324.11123).
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-07-16 - Assigned Pa 0254'14 With Immediate Effect [SB0020 Detail]
Download: Michigan-2013-SB0020-Introduced.html
SENATE BILL No. 20
January 16, 2013, Introduced by Senators HOPGOOD, JONES, ANDERSON and WARREN and referred to the Committee on Natural Resources, Environment and Great Lakes.
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:
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(i) |
For a landfill, surface impoundment, |
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17 |
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land treatment, or waste pile |
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18 |
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facility................................ $ 9,000.00 |
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19 |
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(ii) |
For an incinerator or treatment |
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20 |
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facility other than a treatment facility |
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21 |
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described in subparagraph (i)........... $ 7,200.00 |
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22 |
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(iii) |
For a storage facility, other than |
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23 |
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storage that is associated with |
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24 |
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treatment or disposal activities that |
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25 |
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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.
8 (iii) A list of all environmental permits or licenses issued
9 by a federal, state, local, Canadian, or Canadian provincial
10 agency held by each person required to be listed under this
11 subdivision that were permanently revoked because of
12 noncompliance.
13 (iv) A list of all activities at property owned or operated
14 by each person required to be listed under this subdivision that
15 resulted in a threat or potential threat to the environment and
16 for which public funds were used to finance an activity to
17 mitigate the threat or potential threat to the environment,
18 except if the public funds expended to facilitate the mitigation
19 of environmental contamination were voluntarily and expeditiously
20 recovered from the applicant or other listed person without
21 litigation.
22 (l) A demonstration that the applicant has considered each of
23 the following:
24 (i) The risk and impact of accident during the transportation
25 of hazardous waste to the treatment, storage, or disposal
26 facility.
27 (ii) The risk and impact of fires or explosions from improper
1 treatment, storage, and disposal methods at the treatment,
2 storage, or disposal facility.
3 (iii) The impact on the municipality where the proposed
4 treatment, storage, or disposal facility is to be located in
5 terms of health, safety, cost, and consistency with local
6 planning and existing development, including proximity to
7 housing, schools, and public facilities.
8 (iv) The nature of the probable environmental impact,
9 including the specification of the predictable adverse effects on
10 each of the following:
11 (A) The natural environment and ecology.
12 (B) Public health and safety.
13 (C) Scenic, historic, cultural, and recreational values.
14 (D) Water and air quality and wildlife.
15 (m) A summary of measures evaluated to mitigate the impacts
16 identified in subdivision (l) and a detailed description of the
17 measures to be implemented by the applicant.
18 (n) A schedule for submittal of all of the following
19 postconstruction documentation:
20 (i) Any changes in, or additions to, the previously submitted
21 disclosure information, or a certification that the disclosure
22 listings previously submitted continue to be correct, following
23 completion of construction of the treatment, storage, or disposal
24 facility.
25 (ii) A certification under the seal of a licensed
26 professional engineer verifying that the construction of the
27 treatment, storage, or disposal facility has proceeded according
1 to the plans approved by the department and, if applicable, the
2 approved construction permit, including as-built plans.
3 (iii) A certification of the treatment, storage, or disposal
4 facility's capability of treating, storing, or disposing of
5 hazardous waste in compliance with this part.
6 (iv) Proof of financial assurance as required by rule.
7 (3) If any information required to be included in the
8 disclosure statement under subsection (2)(k) changes or is
9 supplemented after the filing of the statement, the applicant or
10 licensee shall provide that information to the department in
11 writing not later than 30 days after the change or addition.
12 (4) Notwithstanding any other provision of law, the
13 department may deny an application for an operating license if
14 there are any listings pursuant to subsection (2)(k)(ii), (iii), or
15 (iv) as originally disclosed or as supplemented.
16 (5) The application for an operating license for a proposed
17 limited storage facility, which is subject to the requirements
18 pertaining to storage facilities, shall be submitted on a form
19 provided by the department and contain all of the following:
20 (a) The name and residence of the applicant.
21 (b) The location of the proposed facility.
22 (c) A determination of existing hydrogeological
23 characteristics specified in a hydrogeological report and
24 monitoring program consistent with rules promulgated under this
25 part.
26 (d) An environmental assessment. The environmental
27 assessment shall include, at a minimum, an evaluation of the
1 proposed facility's impact on the air, water, and other natural
2 resources of this state, and also shall contain an environmental
3 failure mode assessment.
4 (e) The procedures for closure.
5 (f) An engineering plan.
6 (g) Proof of financial responsibility.
7 (h) A resolution or other formal determination of the
8 governing body of each municipality in which the proposed limited
9 storage facility would be located indicating that the limited
10 storage facility is compatible with the zoning ordinance of that
11 municipality, if any. However, in the absence of a resolution or
12 other formal determination, the application shall include a copy
13 of a registered letter sent to the municipality at least 60 days
14 before the application submittal, indicating the intent to
15 construct a limited storage facility, and requesting a formal
16 determination on whether the proposed facility is compatible with
17 the zoning ordinance of that municipality, if any, in effect on
18 the date the letter is received, and indicating that failure to
19 pass a resolution or make a formal determination within 60 days
20 of receipt of the letter means that the proposed facility is to
21 be considered compatible with any applicable zoning ordinance.
22 If, within 60 days of receiving a registered letter, a
23 municipality does not make a formal determination concerning
24 whether a proposed limited storage facility is compatible with a
25 zoning ordinance of that municipality as in effect on the date
26 the letter is received, the limited storage facility is
27 considered compatible with any zoning ordinance of that
1 municipality, and incompatibility with a zoning ordinance of that
2 municipality shall not be is not a basis for denial
of the
3 license by the department.the
department to deny the license.
4 (i) An application fee of $500.00. The application fee shall
5 be deposited in the environmental pollution prevention fund
6 created in section 11130.
7 (j) Other information specified by rule or by federal
8 regulation issued under the solid waste disposal act.
9 (6) The application for an operating license for a
10 treatment, storage, or disposal facility other than a facility
11 identified in subsection (2) or (5) shall be made on a form
12 provided by the department and include all of the following:
13 (a) The name and residence of the applicant.
14 (b) The location of the existing treatment, storage, or
15 disposal facility.
16 (c) Other information considered necessary by the department
17 or specified in this section, by rule, or by federal regulation
18 issued under the solid waste disposal act.
19 (d) Proof of financial responsibility. An applicant for an
20 operating license for a treatment, storage, or disposal facility
21 that is a surface impoundment, landfill, or land treatment
22 facility shall demonstrate financial responsibility for claims
23 arising from nonsudden and accidental occurrences relating to the
24 operation of the facility that cause injury to persons or
25 property.
26 (e) A fee of $500.00. The fee shall be deposited in the
27 environmental pollution prevention fund created in section 11130.
1 (7) The department shall establish a schedule for requiring
2 each person subject to subsection (8) to submit an operating
3 license application. The department may adjust this schedule as
4 necessary. Each person subject to subsection (8) shall submit a
5 complete operating license application within 180 days of the
6 date requested to do so by the department.
7 (8) A person who owns or operates a treatment, storage, or
8 disposal facility that is in existence on the effective date of
9 an amendment of this part or of a rule promulgated under this
10 part that renders all or portions of the facility subject to the
11 operating license requirements of this section may continue to
12 operate the facility or portions of the facility that are subject
13 to the operating license requirements until an operating license
14 application is approved or denied if all of the following
15 conditions have been met:
16 (a) A complete operating license application is submitted
17 within 180 days of the date requested by the department under
18 subsection (7).
19 (b) The person is in compliance with all rules promulgated
20 under this part and with all other state laws.
21 (c) The person qualifies for interim status as defined in
22 the solid waste disposal act, is in compliance with interim
23 status standards established by federal regulation under subtitle
24 C of the solid waste disposal act, 42 USC 6921 to 6939e, and has
25 not had interim status terminated.
26 (9) A person may request to be placed on a department-
27 organized mailing list to be kept informed of any rules, plans,
1 operating license applications, contested case hearings, public
2 hearings, or other information or procedures relating to the
3 administration of this part. The department may charge a fee to
4 cover the cost of the materials.
