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.