Bill Text: MI SB0646 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Environmental protection; permits; hazardous waste permit eligibility; restrict based on certain criminal convictions. Amends sec. 11123 of 1994 PA 451 (MCL 324.11123).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-28 - Referred To Committee Of The Whole With Substitute S-2 [SB0646 Detail]

Download: Michigan-2011-SB0646-Introduced.html

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SENATE BILL No. 646

 

 

September 14, 2011, Introduced by Senators HOPGOOD, ANDERSON, PAPPAGEORGE, WARREN and KOWALL 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

 

 9  facility beyond its original authorized design capacity or beyond

 

 1  the area specified in an existing operating license, original

 

 2  construction permit, or other authorization shall be submitted on

 

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

 

 4  following:

 

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

 

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

 

 7  disposal facility project.

 

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

 

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

 

10  a newspaper having major circulation in the municipality and the

 

11  immediate vicinity of the proposed treatment, storage, or

 

12  disposal facility project. The notice shall contain a map

 

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

 

14  disposal facility project and information on the nature and size

 

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

 

16  department, the notice shall contain a description of the

 

17  application review process, the location where the complete

 

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

 

19  the complete application may be obtained.

 

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

 

21  preapplication meeting required by rule and the applicant's

 

22  response to the comments, including any revisions to the

 

23  application.

 

24        (e) A determination of existing hydrogeological

 

25  characteristics specified in a hydrogeological report and

 

26  monitoring program consistent with rules promulgated under this

 

27  part.

 

 1        (f) An environmental assessment. The environmental

 

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

 

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

 

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

 

 5  failure mode assessment.

 

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

 

 7        (h) An engineering plan.

 

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

 

 9  regulation issued under the solid waste disposal act.

 

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

 

11  deposited in the environmental pollution prevention fund created

 

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

 

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

 

14  following, as applicable:

 

 

15		(i)	For a landfill, surface impoundment,
16			land treatment, or waste pile
17			facility................................  $ 9,000.00
18		(ii)	For an incinerator or treatment
19			facility other than a treatment facility
20			described in subparagraph (i)...........  $ 7,200.00
21		(iii)	For a storage facility, other than
22			storage that is associated with
23			treatment or disposal activities that
24			may be regulated under a single license.. $   500.00

 

 

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

 

26  disclosure statement that includes all of the following:

 

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

 

 1  following:

 

 2        (A) The applicant.

 

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

 

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

 

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

 

 6  that is a corporation with publicly traded stock.

 

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

 

 8  subparagraph (B), detailed information regarding the proposed

 

 9  operator shall be included in the disclosure statement.

 

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

 

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

 

12  facility, including their previous experience with other

 

13  hazardous waste treatment, storage, or disposal facilities.

 

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

 

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

 

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

 

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

 

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

 

19  that is a corporation with publicly traded stock.

 

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

 

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

 

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

 

23  or Canadian provincial agency for each person required to be

 

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

 

25  statute or if the violation was committed in furtherance of

 

26  obtaining the permit for which the application is filed. If debt

 

27  liability is held by a chartered lending institution, information

 

 1  required in this subparagraph and subparagraphs (iii) and (iv) is

 

 2  not required from that institution.

 

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

 

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

 

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

 

 6  subdivision that were permanently revoked because of

 

 7  noncompliance.

 

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

 

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

 

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

 

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

 

12  mitigate the threat or potential threat to the environment,

 

13  except if the public funds expended to facilitate the mitigation

 

14  of environmental contamination were voluntarily and expeditiously

 

15  recovered from the applicant or other listed person without

 

16  litigation.

 

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

 

18  the following:

 

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

 

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

 

21  facility.

 

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

 

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

 

24  storage, or disposal facility.

 

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

 

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

 

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

 

 1  planning and existing development, including proximity to

 

 2  housing, schools, and public facilities.

 

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

 

 4  including the specification of the predictable adverse effects on

 

 5  each of the following:

 

 6        (A) The natural environment and ecology.

 

 7        (B) Public health and safety.

 

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

 

 9        (D) Water and air quality and wildlife.

 

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

 

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

 

12  measures to be implemented by the applicant.

 

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

 

14  postconstruction documentation:

 

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

 

16  disclosure information, or a certification that the disclosure

 

17  listings previously submitted continue to be correct, following

 

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

 

19  facility.

 

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

 

21  professional engineer verifying that the construction of the

 

22  treatment, storage, or disposal facility has proceeded according

 

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

 

24  approved construction permit, including as-built plans.

 

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

 

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

 

27  hazardous waste in compliance with this part.

 

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

 

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

 

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

 

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

 

 5  licensee shall provide that information to the department in

 

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

 

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

 

 8  department may deny an application for an operating license if

 

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

 

10  (iv) as originally disclosed or as supplemented.

 

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

 

12  limited storage facility, which is subject to the requirements

 

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

 

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

 

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

 

16        (b) The location of the proposed facility.

 

17        (c) A determination of existing hydrogeological

 

18  characteristics specified in a hydrogeological report and

 

19  monitoring program consistent with rules promulgated under this

 

20  part.

 

21        (d) An environmental assessment. The environmental

 

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

 

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

 

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

 

25  failure mode assessment.

 

26        (e) The procedures for closure.

 

27        (f) An engineering plan.

 

 1        (g) Proof of financial responsibility.

 

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

 

 3  governing body of each municipality in which the proposed limited

 

 4  storage facility would be located indicating that the limited

 

 5  storage facility is compatible with the zoning ordinance of that

 

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

 

 7  other formal determination, the application shall include a copy

 

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

 

 9  before the application submittal, indicating the intent to

 

10  construct a limited storage facility, and requesting a formal

 

11  determination on whether the proposed facility is compatible with

 

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

 

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

 

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

 

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

 

16  be considered compatible with any applicable zoning ordinance.

 

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

 

18  municipality does not make a formal determination concerning

 

19  whether a proposed limited storage facility is compatible with a

 

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

 

21  the letter is received, the limited storage facility is

 

22  considered compatible with any zoning ordinance of that

 

23  municipality, and incompatibility with a zoning ordinance of that

 

24  municipality shall not be a basis for denial of the license by

 

25  the department.

 

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

 

27  be deposited in the environmental pollution prevention fund

 

 1  created in section 11130.

 

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

 

 3  regulation issued under the solid waste disposal act.

 

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

 

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

 

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

 

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

 

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

 

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

 

10  disposal facility.

 

11        (c) Other information considered necessary by the department

 

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

 

13  issued under the solid waste disposal act.

 

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

 

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

 

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

 

17  facility shall demonstrate financial responsibility for claims

 

18  arising from nonsudden and accidental occurrences relating to the

 

19  operation of the facility that cause injury to persons or

 

20  property.

 

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

 

22  environmental pollution prevention fund created in section 11130.

 

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

 

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

 

25  license application. The department may adjust this schedule as

 

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

 

27  complete operating license application within 180 days of the

 

 1  date requested to do so by the department.

 

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

 

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

 

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

 

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

 

 6  operating license requirements of this section may continue to

 

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

 

 8  to the operating license requirements until an operating license

 

 9  application is approved or denied if all of the following

 

10  conditions have been met:

 

11        (a) A complete operating license application is submitted

 

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

 

13  subsection (7).

 

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

 

15  under this part and with all other state laws.

 

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

 

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

 

18  status standards established by federal regulation under subtitle

 

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

 

20  not had interim status terminated.

 

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

 

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

 

23  operating license applications, contested case hearings, public

 

24  hearings, or other information or procedures relating to the

 

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

 

26  cover the cost of the materials.