HomeMy WebLinkAboutResolutions - 1986.03.26 - 10709March 27, 1986
Miscellaneous Resolution # 86075
BY: GENERAL GOVERNMENT COMMITTEE - John E. Olsen, Chairperson
RE: SENATE BILLS 540-545 - SUPPORT CONCEPT OF THIS ENVIRONMENTAL
REFORM PACKAGE WITH SUGGESTED AMENDMENTS
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, Senate Bills 540 through 545 are a package of bills aimed at
providing increased environmental protection by amending various public acts to
increase penalties for violations and to broaden the authority of those entrusted
with environmental protection; and
WHEREAS, SB 540 would amend the Solid Waste Management Act to expand
the authority of the Department of Natural Resources director in issuing and
suspending permits and licenses, to specify administrative and civil fines and to
give the director of the State Department of Public Health the same right to
inspect solid waste disposal sites that the DNR director and local public health
officials now have; and
WHEREAS, SB 541 would amend the Hazardous Waste Management Act to
provide for administrative fines for failure to comply with the act's requirement,
to extend authority to enter and inspect facilities to the director of the State
Department of Public Health and other health officials and to give the DNR
director authority to suspend, revoke or restrict a permit or license after an
administrative case (hearing); and
WHEREAS, SB 542 would amend the Air Pollution Act to provide for summary
suspension of air pollution control facility and emissions source permits for public
health reasons, to specify fines and increase the act's criminal penalties and to
permit inspection by the same officials so authorized in SB 540 and SB 541; and
WHEREAS, SB 543 would amend Public Act 245 of 1929 to expand the powers
of the Water Resources Commission to not only revoke permits issued under this
act, but also to suspend or restrict them, to provide for summary suspension of
permits and licenses for public health reasons and to give entrance and inspection
authority to those so authorized in the package's other bills; and
WHEREAS, SB 544 would amend the Environmental Response Act to provide
for joint and several liability for environmental contamination for hazardous sub-
stances, to specify the types of actions and remedies the attorney general could
take against polluters and to permit the same officials access to facilities for
investigative purposes as were authorized in the companion bills; and
WHEREAS, SB 545 would amend the Michigan Penal Code to extend felony
provisions to apply to anyone who, in reckless disregard of the rights of others,
poisons municipal or private water supplies, releases poison into the air, or
places poison on the surface of the ground where it could enter a well, spring,
water supply or reservoir; and
WHEREAS, the Health and Human Services Committee has reviewed Senate
Bills 540-545 and supports the concept of the package providing the following
amendments to SB 541, proposed by the Oakland County Health Department, are
adopted:
1. Provide for allowing certified health departments to begin
legal action to recover costs in the event of civil action
seeking an appropriate relief.
2. Administrative fines must, when returned to the State
General Fund, be designated for the specific purpose of
treating any damages to the natural resources so that
resulting environmental insults would not go untreated and
result in further damage.
3. Consideration must be given to raw materials which can
create as much damage to resources as the waste product.
Presently, only hazardous material classified as waste
material is regulated. The line between a usable product
and a waste material may create a controversy as to the
exact status of the material.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commis-
sioners takes a position supporting the concept of the Senate Bill 540-545 package
with the proposed amendments offered by the Oakland County Health Department.
BE IT FURTHER RESOLVED that copies of this resolution be sent to all
state legislators from Oakland County and to the county's legislative agent.
Mr. Chairperson, on behalf of the General Government Committee, I move
the adoption of the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
. #86075 March 27, 1986
this 27th day of /- ) March 19 86
ALLEN
County Clerk/Register.of Deeds
Moved by Olsen supported by Susan Kuhn the resolution be adopted.
AYES: Doyon, Fortino, Gosling, Hassberger, Hobart, Holland, Richard Kuhn,
Susan Kuhn, Lanni, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Perinoff,
Perhick, Price:,-Rewold, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro. (25)
NAYS: None (0)
A sufficient majority having voted therefor, the resolution was adopted:
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, ,
do hereby certify that I have compared the annexed copy of the attached .
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on March 27, 1986
with the orginial record thereof now remaining in my office, and
•that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, 'I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan