Bill Text: MI SB0504 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Environmental protection; hazardous waste; hazardous waste disposal wells; regulate location and hours of operation and require additional information in license application. Amends secs. 11118a & 11125 of 1994 PA 451 (MCL 324.11118a & 324.11125).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-07-12 - Referred To Committee On Natural Resources [SB0504 Detail]

Download: Michigan-2017-SB0504-Introduced.html

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SENATE BILL No. 504

 

 

July 12, 2017, Introduced by Senators HOPGOOD, GREGORY, HOOD, CONYERS and ROCCA and referred to the Committee on Natural Resources.

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 11118a and 11125 (MCL 324.11118a and

 

324.11125), as amended by 2010 PA 357.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11118a. (1) As used in this section: , "multisource

 

     (a) "Multisource commercial hazardous waste disposal well" has

 

the meaning ascribed to that term in section 62506a.

 

     (b) "Well" means a multisource commercial hazardous waste

 

disposal well.

 

     (2) A multisource commercial hazardous waste disposal well

 

shall maintain on site a treatment facility and a storage facility

 

that have obtained an operating license under section 11123.

 

     (3) Subject to subsection (4), in addition to the information

 

required under section 11123, the owner or operator of a proposed

treatment and storage facility with a multisource commercial

 

hazardous waste disposal well shall provide to the department in an

 

application for an operating license a business plan for the well

 

operations. The business plan shall contain all of the following

 

information:

 

     (a) The type, estimated quantities, and expected potential

 

sources of wastes to be disposed of in the well.

 

     (b) A feasibility study on the viability of the disposal well

 

operations.

 

     (c) Additional business plan information required by the

 

department and related solely to the requirements of subdivisions

 

(a) and (b).

 

     (d) Any additional business plan information if the department

 

and applicant agree that such additional information should be

 

submitted.

 

     (4) Subsection (3) applies only to a person who submits an

 

application for an operating license, other than a renewal

 

operating license, after the effective date of the 2010 amendatory

 

act that added this subsection.December 22, 2010.

 

     (5) In addition to the information required under section

 

11123, the owner or operator of an existing or proposed treatment

 

and storage facility with a multisource commercial hazardous waste

 

disposal well shall provide to the department in an application for

 

an operating license submitted after the effective date of the

 

amendatory act that added this subsection all of the following:

 

     (a) An emergency plan including a plan for evacuation of all

 

hospitals, airports, bus terminals, and railroad terminals located

within 3 miles of the well in the event of a release of hazardous

 

waste from the treatment and storage facility.

 

     (b) A study of the economic impact of a full evacuation under

 

the plan described in subdivision (a).

 

     (6) The department shall not issue an operating license for a

 

treatment and storage facility with a multisource commercial

 

hazardous waste disposal well if the well is located as described

 

in any of the following:

 

     (a) Within 1,000 feet of an interstate highway.

 

     (b) Within 2 miles of an international airport.

 

     (c) Within 3 miles of a hospital, golf course, soccer field,

 

baseball field, or football field.

 

     Sec. 11125. (1) Upon receipt of an operating license

 

application that complies with the requirements of section

 

11123(2), the department shall do all of the following:

 

     (a) Notify the municipality and county in which the treatment,

 

storage, or disposal facility is located or proposed to be located;

 

a local soil erosion and sedimentation control enforcing agency

 

appointed pursuant to designated under part 91; each division

 

within the department that has responsibility in land, air, or

 

water management; a the regional planning agency established by

 

executive directive of the governor; and other appropriate

 

agencies. The notice shall describe the procedure by which the

 

license may be approved or denied.

 

     (b) Review the plans of the proposed treatment, storage, or

 

disposal facility to determine if the proposed operation complies

 

with this part and the rules promulgated under this part. The

review shall be made within the department. The review shall

 

include, but need not be limited to, a review of air quality, water

 

quality, waste management, hydrogeology, and the applicant's

 

disclosure statement. A written and signed review by each person

 

within the department reviewing the application and plans shall be

 

received and filed in the department's license application records

 

before an operating license is issued or denied by the department.

 

     (c) Integrate the relevant provisions of all permits that the

 

applicant is required to obtain from the department to construct

 

the proposed treatment, storage, or disposal facility into the

 

operating license required by this part.

 

     (d) Consider the mitigation measures proposed to be

 

implemented as identified in section 11123(2)(m).

 

     (e) Hold a public hearing not more than 60 days after receipt

 

of the application.

 

     (2) The department may establish operating license conditions

 

specifically applicable to the treatment, storage, or disposal

 

facility and operation at that site to mitigate adverse impacts.

 

     (3) The department shall provide notice and an opportunity for

 

a public hearing before making a final decision on an operating

 

license application.

 

     (4) The department shall make a final decision on an operating

 

license application within 140 days after the department receives a

 

complete application. However, if the state's hazardous waste

 

management program is authorized by the United States environmental

 

protection agency Environmental Protection Agency under section

 

3006 of subtitle C subchapter III of the solid waste disposal act,

42 USC 6926, the department may extend the this deadline beyond the

 

limitation provided in this section in order to fulfill the public

 

participation requirements of the solid waste disposal act. The

 

operating license may contain stipulations specifically applicable

 

to the site and operation. An operating license for a treatment and

 

storage facility with a multisource commercial hazardous waste

 

disposal well shall limit hours of operation of the facility to the

 

period of 1 a.m. to 6 a.m., Monday through Friday.

 

     (5) A local ordinance, permit, or other requirement shall not

 

prohibit the operation of a licensed treatment, storage, or

 

disposal facility.

 

     (6) If any information required to be included in the

 

disclosure statement required under section 11123 changes or is

 

supplemented after the filing of the statement, the applicant or

 

licensee shall provide that information to the department in

 

writing within 30 days after the change or addition.

 

     (7) The department may deny an operating license application

 

submitted pursuant to section 11123 if any information described in

 

section 11123(2)(k)(ii) to (iv) was not disclosed as required in

 

section 11123(2) or this section.

 

     (8) The department shall provide notice of the final decision

 

to persons on the organized mailing list for the facility.

 

     (9) Following the construction of a new, expanded, enlarged,

 

or altered treatment, storage, or disposal facility, the department

 

shall review all information required to be submitted by the

 

operating license. If the department finds that the owner or

 

operator has deviated from the specific conditions established in

the operating license, the department shall determine if cause

 

exists for modification or revocation of the operating license, in

 

accordance with provisions established by rule. pursuant to rules.

 

At a minimum, the licensee shall submit to the department all of

 

the following postconstruction documentation: shall include all of

 

the following:

 

     (a) Updated disclosure information or a certification as

 

described in section 11123(2)(n)(i).

 

     (b) A certification of construction as described in section

 

11123(2)(n)(ii). The department shall require additional

 

certification periodically during the operation or in order to

 

verify proper closure of the site.

 

     (c) A certification of capability signed and sealed by a

 

licensed professional engineer as described in section

 

11123(2)(n)(iii).

 

     (d) Information regarding any deviations from the specific

 

conditions in the operating license.

 

     (e) Proof of financial responsibility.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.