Text Box: SENATE BILL No. 20

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:

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.

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,