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HomeMy WebLinkAboutResolutions - 1982.08.26 - 13915Miscellaneous Resolution g 82243 August 26, 1982 By: Anne M. Hobart, Chairperson Planning and Building Committee In re: Solid Waste Management Plan for Oakland County, Michigan. TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, this Board with the adoption of Miscellaneous Resolution g82228 on August 5, 1982 approved the proposed Act 641, Public Acts of 1978 Solid Waste Management Plan with two objections on specific issues; and WHEREAS, Act 641 provides for the citizens .Solid Waste Planning Committee to make final recommendations on any Board objections; and . WHEREAS-, on August 23, 1982, the citizens Solid Waste Planning Committee reviewed and made the following final recommendations on the two Board objections: 1.) The Weber Sanitary Landfill in Orion Township should continue to be designated as a potential 190 acre site in the proposed County plan. 2.) "To foster local input into inspections of sanitary landfills, the designated representative of the host municipality shall be notified and have the right to accompany the certified health department, (Oakland County Environmental Health Division) and the Michigan D.N.R. during any site visit. Notification shall be the sole responsibility of the Oakland County Environ- mental Health Division. The designated representative of the host municipality shall be an appointee of the host municipality governing body. The intent of this procedure is to make the certified health department or the Michigan D.N.R. aware of the local perspective pertaining to any problem or possible problem at the landfill." NOW THEREFORE BE IT RESOLVED that this Board does not concur with the final recommendation of the Solid Waste Planning Committee with respect to the Weber Sanitary Landfill site and instead adopts the following state- ment for inclusion in the Appendix as an amendment to the proposed plan: COUNTY OF OAKLAND DA{IEt T, MUR PIXY, COCNTY EXECUTIVE August 23, 1982 MEMORANDUM To: Oakland County Board of Commissioners From: Act 641 Solid Waste Planning Committee (S.W.P.C.) Re: S.W.P.C. Final Recommendations on proposed Solid Waste Management Plan Attached are the S.W.P.C. subject final two recommendations formulated at their meeting of August 23, 1982 as requested in Board of Commissioners Miscellaneous Resolution No, 82228 on August 5, 1982. Georg4TL, Sehupte, P.E. Supek4isor Solid Waste Unit GLSibg Attachments Division of Sewer, Water and Solid Waste ONE PUBLIC WORKS DRIVE, PONTIAC, MICHIGAN 48054 Administration and Construction 858-1075 Water and Sewer Operations - 858.1110 August 23, 1982 Oak1211L.C2EBIL_Baard of Commissioners Meetilg_z,±2.usI_12_i982 The Oakland County Board of Commissioners objected to the inclusion Qf the Weber Sanitary Landfill as a 190-acre site and recommended that the Weber Sanitary Landfill should be included in the plan for only the 28 acres cur- rently licensed by the D.N.R. and should the Township of Orion's lawsuit prevail, then the entire Weber Site should be deleted. Staff Comment: This matter has been discussed frequently by the S.W.P.C. Presentations have been made by individuals representing both sides of the issue to both the S.W.P.C. and the County Board of Commissioners. For the sake of brevity the issues will not be repeated here by Staff. S.W.P.C. Final Recommendation - August 23, 1982 The S.W.P.C. recommends the continued designation of the entire approximately 190 acres as a sanitary landfill site in the proposed County Plan. August 23, 1982 Oakland. County Board of Commissioners Meet in u5 T.3.2 The Oakland County Board of Commissioners objected to the fact that local input is insufficient and recommended the addition of the following statement: "To foster local input into inspections of sanitary landfills, the chief elected official in the host municipality shall be notified aed have the right to accompany the certified health department (Oakland County Environmental Health Division) or the Michigan DNR during any site visit. Furthermore the chief elected official shall have the right to inspect the landfill at any time and may designate a representative to act in his behalf for this purpose. The intent of this procedure is to make the certified health department or the Michigan DNR aware of the local perspective pertaining to any problem or possi- ble problem before the certified health department or the Michigan DNR make any field decision or decisions required by Act 641, Public Acts of 1978 or rules promulgated thereunder". Staff Comment: While staff is very supportive of the basic concept contained within this objection and possible plan modification, four areas are in need of revision. Changes should be made in order to give the local governing body the right to designate the representative who will accompany the certified health depart- ment and the Michigan D.N.R. This would insure that the designated representa- tive would be responsive to the needs of the municipality as determined by the entire governing body and possibly forestall personality conflicts or narrow municipality perspectives that a single elected official, might present. Secondly, staff received a letter from the Michigan D.N.R. on August 13, 1982 indicating that the implication the D.N.R. would have to "notify" the chief elected official in a host municipality prior to an inspection is more restrictive to the D,N.R. than the requirements of Act 641, Public Acts of l978. As a matter of practice the Michigan D.N.R. notifies our County Environmental Health Division of an in- tended inspection to schedule their joint visit. Language will have to be added making the notification of the designated representative of the host municipality the sole responsibility of the County Envirnomental Health Division. Thirdly, the statement "the chief elected official shall have the right to inspect the sanitary landfill at any time" is contrary to the basic intent of fostering local input in sanitary landfill inspections. As stated currently it implies that a chief elected official can inspect a sanitary landfill. This is not the law! Act 641, Public Acts of 1978 provides that sanitary landfill inspections can only be performed by a certified health department or the Michigan. D.N.R. The intent here is to have the local representative present when and only when the legally constituted inspectors from the County or State are performing their function. Communication and the local perspective presentation can then occur. Finally, the words "at any time" should be deleted. Inspections are of limited value unless the parties involved can be present to discuss the situation. Fur- ther, access through fenced and locked gate areas at off-business hours, would be difficult. S.W.P.C. Final Recommendation - August 23, 1982 "To foster local input into inspections of sanitary landfills the designated representative of the host municipality shall be notified and have the right to accompany the certified health department (Oakland County Environmental Health Division) and the Michigan D.N.R. during any site visit. Notification shall be the sole responsibility of the Oakland County Environmental Health Division. The designated representative of the host municipality shall be an appointee of the host municipality governing body, The intent of this procedure is to make the certified health department or the Michigan D.N.R. aware of the local per- spective pertaining to any problem or possible problem at the landfill." Solid Waste Management Plan for Oakland County Page The Oakland County Board of Commissioners objected to the initial inclusion of the Weber Sanitary Landfill as a 190 acre site in the Proposed plan. The Board amended the plan to include the Weber Sanitary Landfill for only the 23 acres currently licensed by the Michigan DNR, further that should the Township of Orion's lawsuit prevail, then the entire Weber site will be deleted from the proposed plan. BE IT FURTHER RESOLVED that this Board does not concur with the wording of the recommendation of the Solid Waste Planning Committee on August 23rd, 1982, with respect to the right of townships to accompany the certified health department (Oakland County Environmental Health Division) and the Michigan DI ,IR on inspections of sanitary landfills and instead adopts the following statement which reads: "The Oakland County Board of Commissioners objected to the fact that local input is insufficient and recommended the addition of the following statement: 'To foster local input into inspections of sanitary landfills, the designated local official in the host municipality shall be notified and have the right to accompany the certified health department (Oakland County Environmental Health Division) or the Michigan DNR during any site visit. Notification shall be the sole responsibility of the Oakland County Enviornmental Health Division. Furthermore, a designated representative of local government shall have the right to visit the landfill at any time during operational hours. The intent. of this procedure is to make the certified health department or the Michigan DNR aware of the local perspective pertaining to any problem or possible problem. Certified Health Department or Michigan DNR shall notify the local municipality of any field decision made, and this policy shall be incorporated in the Appendix to the proposed plan and that the Appendix he printed and released for public information, BE IT FURTHER RESOLVED that the County Executive as the designated planning agency is hereby authorized and directed. to submit the proposed plan to the governing bodies of each municipality in Oakland County for their respective approvals prior to forwarding the proposed plan to the Michigan DNR. for state approval, BE IT FURTHER RESOLVED that a detailed implementation schedule of the solid waste management plan, which Considers existing disposal arrangements of municipalities, shall be reviewed by the municipalities and the Solid Waste Planning Committee prior to submitting it to this Board for approval, MR, CHAIRPERSON, I move the adoption of the foregoing resolution, PLANNING & BUILDING COMMITTEE 26th day of Au 19 82 EN # 82243 August 26, 1982 Moved by Hobart supported by Whitlock the resolution be adopted. Moved by Pernick supported by Patterson the resolution be amended to read in the NOW THEREFORE BE IT RESOLVED paragraph: "NOW THEREFORE BE IT RESOLVED that this Board does concur with the final recommendation of the Solid Waste Planning Committee with respect to the Weber Sanitary Landfill site." and delete: "and instead adopts the fQT9owingstatement for inclusion in the Appendix as an amendment to the proposed plan: The Oakland County Board of Commissioners objected to the initial inclusion of the Weber Sanitary Landfill as a 190 acre site in the proposed plan. The Board amended the plan to include the Weber Sanitary Landfill for only the 28 acres currently licensed by the Michigan DNR, further that should the Township of Orion's lawsuit prevail, then the entire Weber site will be deleted from the proposed plan." Vote on amendment: AYES: Olsen, Page, Patterson, Perinoff, Pernick, Aaron, DiGiovanni, Doyon, Gabler, Geary. (10) NAYS: Montante, Moore, Peterson, Price, Whitlock, Wilcox, Caddell, Cagney, Calandra, Fortino, Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt. (17) A sufficient majority not having voted . therefor, the amendment failed. Vote on resolution: AYES: Moore, Olsen, Page, Patterson, Perinoff, Pernick, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell, Cagney, Calandro, DiGiovanni, Doyon, Fortino, Gabler, Geary, Gosling, Hobart, Jackson, Kasper, Lanni, McDonald, Moffitt, Montante. (27) 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 Miscellaneous Resolution # 82243 adopted by the Oakland County Board of Commissioners their meeting held on August 26, 1982 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 this County Clerk/Register of Deeds