Bill Text: MI HB4808 | 2019-2020 | 100th Legislature | Introduced

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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

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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.