SENATE BILL No. 1205

 

 

March 12, 2008, Introduced by Senators CHERRY, SCOTT, ANDERSON, BARCIA, SANBORN, OLSHOVE and BRATER and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11511 (MCL 324.11511), as amended by 2004 PA

 

325.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11511. (1) The department shall notify the clerk of the

 

municipality in which the disposal area is proposed to be located

 

and the applicant of its approval or denial of an application for a

 

construction permit within 10 days after the final decision is

 

made.

 

     (2) A construction permit shall expire 1 year after the date

 

of issuance, unless development under the construction permit is

 


initiated within that year. A construction permit that has expired

 

may be renewed upon payment of a permit renewal fee and submission

 

of any additional information the department may require.

 

     (3) Except as otherwise provided in this subsection, the

 

department shall not issue a construction permit for a disposal

 

area within a planning area unless a solid waste management plan

 

for that planning area has been approved pursuant to sections 11536

 

and 11537 and unless the disposal area complies with and is

 

consistent with the approved solid waste management plan. The

 

department may issue a construction permit for a disposal area

 

designed to receive ashes produced in connection with the

 

combustion of fossil fuels for electrical power generation in the

 

absence of an approved county solid waste management plan, upon

 

receipt of a letter of approval from whichever county or counties,

 

group of municipalities, or regional planning agency has prepared

 

or is preparing the county solid waste management plan for that

 

planning area under section 11533 and from the municipality in

 

which the disposal area is to be located.

 

     (4) The department shall not issue a construction permit for a

 

new landfill within a delineated wellhead protection area for a

 

community water supply developed through a hydrogeological study

 

and approved by the department under the safe drinking water act,

 

1976 PA 399, MCL 324.1001 to 325.1023.

 

     (5) As used in this section, "community water supply" means a

 

community supply as defined in section 2 of the sale drinking water

 

act, 1976 PA 399, MCL 325.1002.