February 24, 2005, Introduced by Reps. Spade, Sheltrown, Polidori and Vagnozzi and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11526, 11526a, and 11546 (MCL 324.11526,
324.11526a, and 324.11546), section 11526 as amended by 2004 PA 43,
section 11526a as added by 2004 PA 40, and section 11546 as amended
by 2004 PA 41, and by adding section 11546a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11526. (1) The department, a health officer, or a law
enforcement officer of competent jurisdiction may inspect a solid
waste transporting unit that is being used to transport solid waste
along a public road to determine if the solid waste transporting
unit is designed, maintained, and operated in a manner to prevent
littering or to determine if the owner or operator of the solid
waste transporting unit is performing in compliance with this part
and the rules promulgated under this part.
(2) In order to protect the public health, safety, and welfare
and the environment of this state from items and substances being
illegally disposed of in landfills in this state, the department,
in conjunction with the department of state police, shall
administer this part so as to do all of the following:
(a) Ensure that all disposal areas are in full compliance with
this part and the rules promulgated under this part.
(b) Provide for the inspection of each solid waste disposal
area for compliance with this part and the rules promulgated under
this part at least 4 times per year.
(c) Ensure that all persons disposing of solid waste are doing
so in compliance with this part and the rules promulgated under
this part.
(3) The department and the department of state police may
conduct regular, random inspections of waste being transported or
proposed to be transported for disposal at disposal areas in this
state. Inspections under this subsection may be conducted at the
point of origin of waste shipments, whether within or outside of
this
state or at disposal areas at the end original
destination.
Sec.
11526a. (1) Beginning October 1, 2004, in order to To
protect the public health, safety, and welfare and the environment
of this state from the improper disposal of waste that is
prohibited from disposal in a landfill, and in recognition that the
nature of solid waste collection and transport limits the ability
of the state to conduct cost effective inspections to ensure
compliance with state law, the owner or operator of a landfill
shall not accept for disposal in this state solid waste, including,
but not limited to, municipal solid waste incinerator ash, that was
generated outside of this state unless 1 or more of the following
requirements are met:
(a)
The solid waste is composed of a uniform type of item,
material,
or substance, other than municipal solid waste
incinerator
ash, that meets the requirements for disposal in a
landfill
under this part and the rules promulgated under this part.
(a) (b)
The solid waste was received through a material
recovery facility, a transfer station, or other facility that has
documented that it has removed from the solid waste being delivered
to the landfill those items that are prohibited from disposal in a
landfill.
(b) All of the following requirements have been met:
(i) The solid waste was inspected at the point or origin of the
solid waste shipment and the person performing the inspection has
certified that those items that are prohibited from disposal in a
landfill in this state, as well as any weapons or components or
ingredients of weapons, have been removed from the solid waste.
(ii) If requested by the department, the person generating the
solid waste allowed the department to supervise the inspection
under subparagraph (i) or to conduct an independent inspection of
the solid waste at its point of origin. The person generating the
solid waste shall reimburse the department for the cost of the
supervision or independent inspection.
(iii) The certificate of inspection under subparagraph (i) was
electronically transmitted to the department immediately after the
inspection and is presented to the owner or operator of the
landfill.
(iv) (c)
The country, state, province, or local jurisdiction
in which the solid waste was generated is approved by the
department for inclusion on the list compiled by the department
under section 11526b.
(2) Notwithstanding section 11538 or any other provision of
this part, if there is sufficient disposal capacity for a county's
disposal needs in or within 150 miles of the county, all of the
following apply:
(a) The county is not required to identify a site for a new
landfill in its solid waste management plan.
(b) An interim siting mechanism shall not become operative in
the county unless the county board of commissioners determines
otherwise.
(c) The department is not required to issue a construction
permit for a new landfill in the county.
Sec. 11546. (1) The department or a health officer may request
that the attorney general bring an action in the name of the people
of the state, or a municipality or county may bring an action based
on facts arising within its boundaries, for any appropriate relief,
including injunctive relief, for a violation of this part or rules
promulgated under this part. The court may prohibit a person from
disposing of waste in this state if the person does any of the
following:
(a) Fails to process waste as required by section
11526a(1)(a).
(b) Fails to inspect waste as required by section
11526a(1)(b).
(c) Refuses to submit to the department's waste inspection or
supervision of a waste inspection under section 11526a(1)(b).
(2) In addition to any other relief provided by this section,
the
court may impose on any person who violates any provision of
this part or rules promulgated under this part or who fails to
comply with any permit, license, or final order issued pursuant to
this part a civil fine as follows:
(a) Except as provided in subdivision (b), a civil fine of not
more than $10,000.00 for each day of violation.
(b) For a second or subsequent violation, a civil fine of not
more than $25,000.00 for each day of violation.
(3) In addition to any other relief provided by this section,
the court may order a person violating this part or the rules
promulgated under this part either to restore or to pay to the
state an amount equal to the cost of restoring the natural
resources of this state affected by the violation to their original
condition before the violation, and to pay to the state the costs
of surveillance and enforcement incurred by the state as a result
of the violation.
(4) This part does not preclude any person from commencing a
civil action based on facts that may also constitute a violation of
this part or the rules promulgated under this part.
Sec. 11546a. The department, after providing an opportunity
for an administrative hearing under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may suspend,
modify, or revoke the license of a landfill whose owner or operator
violates this part or a rule promulgated or permit, license, or
order issued under this part.