HOUSE BILL No. 4761

 

May 10, 2005, Introduced by Reps. Miller, Kehrl, McDowell, Kathleen Law, Alma Smith, Tobocman, Leland, Angerer, Clack, Zelenko, Condino, Meisner, Brown, Spade, Donigan, Anderson, Byrum, Lipsey, Murphy, Ball and Kolb 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 section 11526b (MCL 324.11526b), as added by 2004 PA

 

37.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11526b. (1) Not later than October 1  , 2004  each year,

 

the department shall do all of the following:

 

     (a) Notify each local jurisdiction on the current list

 

compiled under subdivision (b) and each state, the country of

 

Canada, and each province in Canada that landfills in this state

 

will not accept for disposal solid waste that does not comply with

 

section 11526a.

 

     (b) Compile  a  an updated list of countries, states,

 

provinces, and local jurisdictions that prohibit from disposal in a

 


landfill the  items  materials prohibited from disposal in a

 

landfill located in this state or that prevent from disposal in a

 

landfill the  items  materials prohibited from disposal in a

 

landfill located in this state through enforceable solid waste

 

disposal requirements that are comparable to this part.

 

     (c) Prepare and provide to each landfill in the state a copy

 

of a list of the countries, states, provinces, and local

 

jurisdictions compiled under subdivision (b).

 

     (2)  The  Subject to subsection (3), the department shall

 

include a country, state, province, or local jurisdiction on the

 

list described in subsection (1) if the country, state, province,

 

or local jurisdiction, or another person, provides the department

 

with documentation that the country, state, province, or local

 

jurisdiction prohibits from disposal in a landfill the  items  

 

materials prohibited from disposal in a landfill located in this

 

state or that it prevents from disposal in a landfill the  items  

 

materials prohibited from disposal in a landfill located in this

 

state through enforceable solid waste disposal requirements that

 

are comparable to this part. Such documentation shall include all

 

pertinent statutes, administrative regulations, and ordinances.

 

     (3) After providing an opportunity for a contested case

 

hearing pursuant to the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.201 to 24.328, the department shall remove a

 

jurisdiction from the list compiled under subsection (1) if, based

 

upon inspections under section 11519 or 11526, either of the

 

following applies:

 

     (a) The department determines that, within any 1-year period,

 


2 or more loads of waste generated in that jurisdiction and

 

transported to this state for disposal in a landfill under section

 

11526a(1)(c) contained materials in violation of section

 

11514(2)(b), (c), or (d).  The department shall remove the

 

jurisdiction from the list for 1 year for the first 1-year period

 

in which violations described in this subdivision occurred. The

 

department shall remove the jurisdiction from the list for 5 years

 

for any subsequent 1-year period in which violations described in

 

this subdivision occurred.

 

     (b) The department determines that, within any 1-year period,

 

1 or more loads of waste generated in that jurisdiction and

 

transported to this state for disposal in a landfill under section

 

11526a(1)(c) contained materials in violation of section

 

11514(2)(a) or (3). The department shall remove the jurisdiction

 

from the list for 1 year for the first 1-year period in which

 

violations described in this subdivision occurred.  The department

 

shall remove the jurisdiction from the list for 5 years for any

 

subsequent 1-year period in which violations described in this

 

subdivision occurred.