HomeMy WebLinkAboutResolutions - 1992.07.23 - 20043REPORT July 23, 1992
BY: GENERAL GOVERNMENT COMMITTEE -
Richard G. Skarritt, Chairperson
RE: Miscellaneous Resolution #92153 - (Support) Congressional
Action Restoring Michigan's Authority to Control the Flow of
Solid Waste
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution, reports with the recommendation that the
resolution be adopted with the following amendment: the NOW
THEREFORE BE IT RESOLVED paragraph to read, "that the Oakland
County Board of Commissioners supports constitutional federal
enabling legislation that will permit restoration of Michigan's
authority to control solid waste."
Mr. Chairperson, on behalf of the General Government
Committee, I move the acceptance of the foregoing report.
GENERAL GOVERNMENT COMMITTEE
Mr. Chairperson, I move the adoption of tp..--Ammpre-TD-ing res6
DONN L:
County Commissioner, District #27
Miscellaneous Resolution # 92153 June 25, 1992
BY: Donn L. Wolf, Oakland County Commissioner - District #27
Re: (SUPPORT) CONGRESSIONAL ACTION RESTORING MICHIGAN'S AUTHORITY TO CONTROL THE FLOW OF
SOLID WASTE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, on June 1, 1992, the U.S. Supreme Court ruled in Fort Gratiot Sanitary
Landfill v. St. Clair County and the Michigan Department of Natural Resources that states and
local governmental units do not have the power to determine acceptance or rejection of solid
waste from other states; and
WHEREAS, in effect, the Supreme Court decision struck down the provisions of
Michigan's Solid Waste Management Act (P.A. 641 of 1978), which allowed Michigan to control the
flow of solid waste between counties and between the State of Michigan and other states; and
WHEREAS, for 10 years Michigan has had an effective statewide solid waste
management planning program which incorporated local concerns through county planning efforts
and this process has provided Michigan citizens with a means to ensure environmentally sound,
cost effective solid waste management; and
WHEREAS, as a result of the balanced requirements of its solid waste management
program, Michigan has been one of the few states in the nation in which new solid waste
disposal facilities have been located and constructed in recent years; and
WHEREAS, without the ability of a state, through its local governmental units, to
have the authority to accept or reject solid waste from other states, local communities face
a potentially serious problem as states with little or no remaining landfill capacity look
elsewhere for disposal of their solid waste; and
WHEREAS, several bills are now before Congress proposing reauthorization of the
Resource Conservation and Recovery Act (RCRA) but none of this legislation in its present form
addresses the inter-state waste problem caused by the Supreme Court decision; and
WHEREAS, federal action related to RCRA is needed to surmount the Supreme Court's
decision and negate federal mandates and restore to states the decision to either accept or
reject out-of-state waste; and
WHEREAS, such legislation would restore to Michigan and its Counties the ability
to control the flow of solid waste through import restrictions; and
WHEREAS, such legislation would allow Michigan and its local units of government
effective implementation of the Michigan Solid Waste Management Act (P.A. 641)
WHEREAS, Governor Engler and the Michigan Department of Natural Resources have
joined the Michigan Association of Counties, Michigan Townships Association and Michigan
Municipal League in the effort to restore all solid waste authority provided by Act 641.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports federal enabling legislation that will permit restoration of Michigan's authority to
control solid waste.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of
the United States, the Speaker of the U.S. House of Representatives, members of the Michigan
Congressional Delegation, Governor Engler, the Michigan Department of Natural Resources, Solid
Waste Management Unit, the Michigan Association of Counties, and each of its member counties.
. MOFFITT, County Comm;ssioner Dist. #I5 0 n ID
Resolution # 92153
July 23, 1992
Moved by Skarritt supported by McConnell the resolution be adopted.
Moved by Skarritt supported by McConnell the General Government Committee report
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Huntoon the resolution be amended to agree with the
General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried. (Commissioner
Moffitt voted "no".)
Vote on resolution as amended:
AYES: McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen,
Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Crake,
Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was
adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn 0. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
.Board of Commissioners on July 23, 1992
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 23rd day of-) July ..,;4 1 9 g_g
N /__.,...7-------.1'—\---- r71"r--- - /,.:.............
d.......), Lie.4...c.. .... _ _
-.... Lyn/O. Alien, County Gerk
OAKLAND COUNTY BOARD OF COMMISSIONERS
1200 NORTH TELEGRAPH ROAD • PONTIAC, MICHIGAN 48341-1043
Miscellaneous Resolution # 92153 July 23, 1992
BY: Donn L. Wolf, Oakland County Commissioner - District #27
Re: (SUPPORT) CONGRESSIONAL ACTION RESTORING MICHIGAN'S AUTHORITY TO CONTROL THE FLOW OF
SOLID WASTE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Mr. Chairperson, Ladies and Gentlemen:
WHEREAS, on June 1, 1992, the U.S. Supreme Court ruled in Fort Gratiot Sanitary
Landfill v. St. Clair County and the Michigan Department of Natural Resources that states and
local governmental units do not have the power to determine acceptance or rejection of solid
waste from other states; and
WHEREAS, in effect, the Supreme Court decision struck down the provisions of
Michigan's Solid Waste Management Act (P.A. 641 of 1978), which allowed Michigan to control the
flow of solid waste between counties and between the State of Michigan and other states; and
WHEREAS, for 10 years Michigan has had an effective statewide solid waste
management planning program which incorporated local concerns through county planning efforts
and this process has provided Michigan citizens with a means to ensure environmentally sound,
cost effective solid waste management; and
•
WHEREAS, as a result of the balanced requirements of its solid waste management
program, Michigan has been one of the few states in the nation in which new solid waste
disposal facilities have been located and constructed in recent years; and
WHEREAS, without the ability of a state, through its local governmental units, to
have the authority to accept or reject solid waste from other states, local communities face
a potentially serious problem as states with little or no remaining landfill capacity look
elsewhere for disposal of their solid waste; and
WHEREAS, several bills are now before Congress proposing reauthorization of the
Resource Conservation and Recovery Act (RCRA) but none of this legislation in its present form
addresses the inter-state waste problem caused by the Supreme Court decision; and
WHEREAS, federal action related to RCRA is needed to surmount the Supreme Court's
decision and negate federal mandates and restore to states the decision to either accept or
reject out-of-state waste; and
WHEREAS, such legislation would restore to Michigan and its Counties the ability
to control the flow of solid waste through import restrictions; and
WHEREAS, such legislation would allow Michigan and its local units of government
effective implementation of the Michigan Solid Waste Management Act (P.A. 641)
WHEREAS, Governor Engler and the Michigan Department of Natural Resources have
joined the Michigan Association of Counties, Michigan Townships Association and Michigan
Municipal League in the effort to restore all solid waste authority provided by Act 641.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
supports constitutional federal enabling legislation that will permit restoration of Michigan's
authority to control solid waste.
BE IT FURTHER RESOLVED that copies of this resolution be sent to the President of
the United States, the Speaker of the U.S. House of Representatives, members of the Michigan
Congressional Delegation, Governor Engler, the Michigan Department of Natural Resources, Solid
Waste Management Unit, the Michigan Association of Counties, and each of its member counties.
Mr. Chairperson, we move the adoption of the foregoing resolution.
DONN L. WOLF, County Commissioner
DAVID L. MOFFITT, County Commissioner
• Resolution # 92153
P. A
July 23, 1992
Moved by Skarritt supported by McConnell the re§olution be adopted.
Moved by Skarritt supported by McConnell the General Government Committee repor
be accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Skarritt supported by Huntoon the resolution be amended to agree with the
General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried. (Commissioner
Moffitt voted "no".)
Vote on resolution as amended:
AYES: McConnell, McCulloch, McPherson, Millard, Moffitt, Oaks, Obrecht, Olsen,
Palmer, Pappageorge, Pernick, Price, Schmid, Serra, Skarritt, Wolf, Aaron, Bishop, Crake,
Ferrens, Gosling, Huntoon, Jensen, Johnson, Krause, Law. (26)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended, was
adopted.
n•••
STATE OF MICHIGAN)
COUNTY OF OAKLAND
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing
resolution is a true and accurate copy of a resolution adopted by the Oakland County
.Board of Commissioners on July 23, 1992
with the original record thereof now remening in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County
of Oakland at Pontiac, Michigan this 23rd . day af—Y July e;4 199_g
Lynr/i/O. Allen, County Clerk