Bill Text: MI HB4808 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection; permits; expansion of hazardous waste storage and treatment facilities; prohibit issuance of permits for. Amends secs. 11123 & 11124 of 1994 PA 451 (MCL 324.11123 & 324.11124).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-07-10 - Bill Electronically Reproduced 07/10/2019 [HB4808 Detail]
Download: Michigan-2019-HB4808-Introduced.html
HOUSE BILL No. 4808
July 2, 2019, Introduced by Rep. Robinson and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11123 and 11124 (MCL 324.11123 and 324.11124),
section 11123 as amended by 2014 PA 254 and section 11124 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) (9) or a rule promulgated under section 11127(4), a
person
3 shall not establish, construct, conduct, manage, maintain, or
4 operate a treatment, storage, or disposal facility within this
5 state without an operating license from the department.
6 (2) The department shall not approve an application for an
7 operating license for the expansion or enlargement of a treatment
1 or storage facility beyond its original authorized design capacity
2 or beyond the area specified in an existing operating license,
3 original construction permit, or other authorization.
4 (3) (2) An
application for an operating license for a proposed
5 treatment, storage, or disposal facility or the expansion,
6 enlargement, or alteration, other than expansion or enlargement as
7 described in subsection (2), of a treatment, storage, or disposal
8 facility beyond its original authorized design capacity or beyond
9 the area specified in an existing operating license, original
10 construction permit, or other authorization shall be submitted on a
11 form provided by the department and contain all of the following:
12 (a) The name and residence address of the applicant.
13 (b) The location of the proposed treatment, storage, or
14 disposal facility project.
15 (c) A copy of an actual published notice that the
applicant
16 published at least 30 days before submittal of the application in a
17 newspaper having major circulation in the municipality and the
18 immediate vicinity of in
which the proposed treatment, storage,
or
19 disposal facility project is to be located and in the immediate
20 vicinity of the project. The notice shall contain a map indicating
21 the location of the proposed treatment, storage, or disposal
22 facility project and information on the nature and size of the
23 proposed facility. In addition, as provided by the department, the
24 notice shall contain a description of the application review
25 process, the location where the complete application may be
26 reviewed, and an explanation of how copies of the complete
27 application may be obtained.
1 (d) A written summary of the comments received at the public
2 preapplication meeting required by rule and the applicant's
3 response to the comments, including any revisions to the
4 application.
5 (e) A determination of existing hydrogeological
6 characteristics specified in a hydrogeological report and
7 monitoring program consistent with rules promulgated under this
8 part.
9 (f) An environmental assessment. The environmental assessment
10 shall include, at a minimum, an evaluation of the proposed
11 facility's impact on the air, water, and other natural resources of
12 this state, and also shall contain an environmental failure mode
13 assessment.
14 (g) The procedures for closure and postclosure monitoring.
15 (h) An engineering plan.
16 (i) Other information specified by rule or by federal
17 regulation issued under the solid waste disposal act.
18 (j) An application fee. The application fee shall be deposited
19 in the environmental pollution prevention fund created in section
20 11130. Pursuant to procedures established by rule, the application
21 fee shall be $25,000.00 plus all of the following, as applicable:
22 |
(i) |
For a landfill, surface impoundment, |
|
23 |
land treatment, or waste pile |
||
24 |
facility................................. $ 9,000.00 |
||
25 |
(ii) |
For an incinerator or treatment |
|
26 |
facility other than a treatment facility |
||
27 |
described in subparagraph (i)............. $ 7,200.00 |
1 |
(iii) |
For a storage facility, other than |
|
2 |
storage that is associated with |
||
3 |
treatment or disposal activities that |
||
4 |
may be regulated under a single license.. $ 500.00 |
5 (k) Except as otherwise provided in this subdivision, a
6 disclosure statement that includes all of the following:
7 (i) The full name and business address of all of the
8 following:
9 (A) The applicant.
10 (B) The 5 persons holding the largest shares of the equity in
11 or debt liability of the proposed facility. The department may
12 waive all or any portion of this requirement for an applicant that
13 is a corporation with publicly traded stock.
14 (C) The operator . If and, if a waiver is obtained
under sub-
15 subparagraph (B), detailed information regarding the proposed
16 operator. shall be included in the disclosure statement.
17 (D) If known, the 3 employees of the operator who will have
18 the most responsibility for the day-to-day operation of the
19 facility, including their previous experience with other hazardous
20 waste treatment, storage, or disposal facilities.
21 (E) Any other partnership, corporation, association, or other
22 legal entity if any person required to be listed under sub-
23 subparagraphs (A) to (D) has at any time had 25% or more of the
24 equity in or debt liability of that legal entity. The department
25 may waive all or any portion of this requirement for an applicant
26 that is a corporation with publicly traded stock.
27 (ii) For each person required to be listed under this
1 subdivision, a list of all convictions for criminal violations of
2 any statute enacted by a federal, state, Canadian, or Canadian
3 provincial agency if the statute is an environmental statute, if
4 the violation was a misdemeanor committed in furtherance of
5 obtaining an operating license under this part not more than 5
6 years before the application is filed, or if the violation was a
7 felony committed in furtherance of obtaining an operating license
8 under this part not more than 10 years before the application is
9 filed. If debt liability is held by a chartered lending
10 institution, information required in this subparagraph and
11 subparagraphs (iii) and (iv) is not required from that institution.
12 The department shall submit to the legislature a report on the 2014
13 act that amended this subparagraph, including the number of permits
14 denied as a result of that act and whether this subparagraph should
15 be further amended. The report shall cover the 5-year period after
16 the effective date of that act and shall be submitted within 60
17 days after the expiration of that 5-year period. The report may be
18 submitted electronically.
19 (iii) A list of all environmental permits or licenses issued
20 by a federal, state, local, Canadian, or Canadian provincial agency
21 held by each person required to be listed under this subdivision
22 that were permanently revoked because of noncompliance.
23 (iv) A list of all activities at property owned or operated by
24 each person required to be listed under this subdivision that
25 resulted in a threat or potential threat to the environment and for
26 which public funds were used to finance an activity to mitigate the
27 threat or potential threat to the environment, except if the public
1 funds expended to facilitate the mitigation of environmental
2 contamination were voluntarily and expeditiously recovered from the
3 applicant or other listed person without litigation.
4 (l) A demonstration that the applicant has considered each of
5 the following:
6 (i) The risk and impact of accident during the transportation
7 of hazardous waste to the treatment, storage, or disposal facility.
8 (ii) The risk and impact of fires or explosions from improper
9 treatment, storage, and disposal methods at the treatment, storage,
10 or disposal facility.
11 (iii) The impact on the municipality where the proposed
12 treatment, storage, or disposal facility is to be located in terms
13 of health, safety, cost, and consistency with local planning and
14 existing development, including proximity to housing, schools, and
15 public facilities.
16 (iv) The nature of the probable environmental impact,
17 including the specification of the predictable adverse effects on
18 each of the following:
19 (A) The natural environment and ecology.
20 (B) Public health and safety.
21 (C) Scenic, historic, cultural, and recreational values.
22 (D) Water and air quality and wildlife.
23 (m) A summary of measures evaluated to mitigate the impacts
24 identified in subdivision (l) and a detailed description of the
25 measures to be implemented by the applicant.
26 (n) A schedule for submittal of all of the following
27 postconstruction documentation:
1 (i) Any changes in, or additions to, the previously submitted
2 disclosure information, statement, or a certification that the
3 disclosure listings statement
previously submitted continue
4 continues to be complete and correct, following after
completion of
5 construction of the treatment, storage, or disposal facility.
6 (ii) A certification under the seal of a licensed professional
7 engineer verifying that the construction of the treatment, storage,
8 or disposal facility has proceeded according to the plans approved
9 by the department and, if applicable, the approved construction
10 permit, including as-built plans.
11 (iii) A certification of the treatment, storage, or disposal
12 facility's capability of treating, storing, or disposing of
13 hazardous waste in compliance with this part.
14 (iv) Proof of financial assurance as required by rule.
15 (4) (3) If
any information required to be included in the
16 disclosure statement under subsection (2)(k) (3)(k) changes
or is
17 supplemented after the
filing of the statement, the applicant or
18 licensee shall provide that the updated or supplemented information
19 to the department in writing not later than 30 days after the
20 change or addition.
21 (5) (4) Notwithstanding
any other provision of law, the
22 department may deny an application for an operating license if
23 there are any listings pursuant to subsection (2)(k)(ii),
24 (3)(k)(ii), (iii), or (iv) as originally disclosed or as
25 supplemented.
26 (6) (5) The
application for an operating license for a
27 proposed limited storage facility, which is subject to the
1 requirements pertaining to storage facilities, shall be submitted
2 on a form provided by the department and contain all of the
3 following:
4 (a) The name and residence of the applicant.
5 (b) The location of the proposed facility.
6 (c) A determination of existing hydrogeological
7 characteristics specified in a hydrogeological report and
8 monitoring program consistent with rules promulgated under this
9 part.
10 (d) An environmental assessment. The environmental assessment
11 shall include, at a minimum, an evaluation of the proposed
12 facility's impact on the air, water, and other natural resources of
13 this state , and also shall contain an environmental
failure mode
14 assessment.
15 (e) The procedures for closure.
16 (f) An engineering plan.
17 (g) Proof of financial responsibility.
18 (h) A resolution or other formal determination of the
19 governing body of each municipality in which the proposed limited
20 storage facility would be located indicating that the limited
21 storage facility is compatible with the zoning ordinance of that
22 municipality, if any. However, in the absence of a resolution or
23 other formal determination, the application shall include a copy of
24 a registered letter sent to the municipality at least 60 days
25 before the application submittal, indicating the intent to
26 construct a limited storage facility, and requesting a formal
27 determination on whether the proposed facility is compatible with
1 the zoning ordinance of that municipality, if any, in effect on the
2 date the letter is received, and indicating that failure to pass a
3 resolution or make a formal determination within 60 days of receipt
4 of the letter means that the proposed facility is to be considered
5 compatible with any applicable zoning ordinance. If, within 60 days
6 of receiving a registered letter, a municipality does not make a
7 formal determination concerning whether a proposed limited storage
8 facility is compatible with a zoning ordinance of that municipality
9 as in effect on the date the letter is received, the limited
10 storage facility is considered compatible with any zoning ordinance
11 of that municipality, and incompatibility with a zoning ordinance
12 of that municipality is not a basis for the department to deny the
13 license.
14 (i) An application fee of $500.00. The application fee shall
15 be deposited in the environmental pollution prevention fund created
16 in section 11130.
17 (j) Other information specified by rule or by federal
18 regulation issued under the solid waste disposal act.
19 (7) (6) The
application for an operating license for a
20 treatment, storage, or disposal facility other than a facility
21 identified in subsection (2) or (5) (3) or (6) shall be made on a
22 form provided by the department and include all of the following:
23 (a) The name and residence of the applicant.
24 (b) The location of the existing treatment, storage, or
25 disposal facility.
26 (c) Other information considered necessary by the department
27 or specified in this section, by rule, or by federal regulation
1 issued under the solid waste disposal act.
2 (d) Proof of financial responsibility. An applicant for an
3 operating license for a treatment, storage, or disposal facility
4 that is a surface impoundment, landfill, or land treatment facility
5 shall demonstrate financial responsibility for claims arising from
6 nonsudden and accidental occurrences relating to the operation of
7 the facility that cause injury to persons or property.
8 (e) A fee of $500.00. The fee shall be deposited in the
9 environmental pollution prevention fund created in section 11130.
10 (8) (7) The
department shall establish a schedule for
11 requiring each person subject to subsection (8) (9) to
submit an
12 operating license application. The department may adjust this
13 schedule as necessary. Each person subject to subsection (8) (9)
14 shall submit a complete operating license application within 180
15 days of after the date requested to do so by the department.
16 (9) (8) A
person who owns or operates a treatment, storage, or
17 disposal facility that is in existence on the effective date of an
18 amendment of this part or of a rule promulgated under this part
19 that renders all or portions of the facility subject to the
20 operating license requirements of this section may continue to
21 operate the facility or portions of the facility that are subject
22 to the operating license requirements until an operating license
23 application is approved or denied if all of the following
24 conditions have been met:
25 (a) A complete operating license application is timely
26 submitted within 180 days of the date requested by the department
27 under subsection (7).(8).
1 (b) The person is in compliance with all rules promulgated
2 under this part and with all other state laws.
3 (c) The person qualifies for interim status as defined in the
4 solid waste disposal act, is in compliance with interim status
5 standards established by federal regulation under subtitle C of the
6 solid waste disposal act, 42 USC 6921 to 6939e, and has not had
7 interim status terminated.
8 (10) (9) A
person may request to be placed on a department-
9 organized mailing list to be kept informed of any rules, plans,
10 operating license applications, contested case hearings, public
11 hearings, or other information or procedures relating to the
12 administration of this part. The department may charge a fee to
13 cover the cost of the materials.
14 Sec. 11124. (1) Following After the construction of
the
15 proposed treatment, storage, or disposal facility or, subject to
16 section 11123(2), the expansion, enlargement, or alteration of a
17 treatment, storage, or disposal facility beyond its original
18 authorized design capacity or beyond the area specified in an
19 existing operating license, original construction permit, or other
20 authorization, and after the receipt of the postconstruction
21 documentation required under section 11123, the department shall
22 inspect the site and determine if the proposed treatment, storage,
23 or disposal facility complies with this part, the rules promulgated
24 under this part, and the stipulations included in the approved
25 treatment, storage, or disposal facility operating license. An
26 inspection report shall must
be filed in writing by the department
27 before issuing the
department issues final authorization
to manage,
1 maintain, and operate the treatment, storage, or disposal facility.
2 and shall be made The
department shall make the inspection report
3 available for public review.
4 (2) Upon receipt of an operating license application meeting
5 the requirements of section 11123(6), 11123(7),
the department
6 shall inspect the site and determine if the treatment, storage, or
7 disposal facility complies with this part and the rules promulgated
8 under this part. An inspection report shall be filed in writing by
9 the department before issuing an operating license.