Loading...
HomeMy WebLinkAboutResolutions - 1994.06.09 - 24145Miscellaneous Resolution # 94172 June 9, 1994 Chairperson, on behalf of the 13, adoption of the foregoing resolution. and Committee, I move ING AND BUI ING COMMITTEE BY: Planning and Building Committee, Charles Palmer, Chairperson RE: Solid Waste Management: - Amendments to the... 1990 Oakland County Solid Waste Plan Update Act 641 Facility Designations Additions and Deletions TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: WHEREAS, this Board has reviewed the proposed amendments to the Oakland County 1990 Solid Waste Management Plan Update(the "Plan Update)) as prepared by the County Executive and approved by the Oakland County Solid Waste Planning Committee (SWPC) on April 28, 1994, all in accordance with Act 641 of the Public Acts of 1978, as amended (Act 641); and WHEREAS, this Board by resolution adopted on May 26, 1994, noted a series of objections to the proposed amendments and returned the amendments to the SWPC with a request that the SWPC make its final recommendations to this Board by June 9, 1994, regarding the objections, as provided in Act 641; and WHEREAS, the SWPC met on May 26, June 2, 1994, and again of June 8, 1994 to consider this Board's objections to the amendments and has submitted its written recommendations to this Board pursuant to a resolution dated June 8, 1994, from the Chairperson of the SWPC; and WHEREAS, this Board has considered the recommendations of the SWPC and deems it is necessary and advisable to approve the amendments with certain changes. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the amendments as issued on April 28, 1994, by the Solid Waste Planning Committee with the changes described in the attached Schedule A, except for the language on Schedule A, Page 3, Paragraph 2, Line 3 from the words "not just for" and continuing through the words "the City of Pontiac, but" which language is not endorsed or supported. BE IT FURTHER RESOLVED that the amendments with the changes noted in Schedule A shall be submitted first to Oakland County's 61 municipalities for their approval and after receiving 67% affirmative responses (41 minimum), the amendments shall be submitted to the Michigan Department of Natural Resources for its final approval. gchedule A SWPC Resolution Responses of the Oakland County Solid Waste Planning Committee to the Statement of Objections adopted by the Board of Commissioners on May 26, 1994 in re: Recommended Amendments to the 1990 Solid Waste Management Plan Update involving the Act 641 Facility Designation - Additions and Deletions as adopted by the Solid Waste Planning Committee on April 28, 1994 SOCRRA WTE and Ash Monof ill Designations: Given the press of time from the initial seating of the newly formed Solid Waste Planning Committee (October 14, 1993) until release of the draft plan amendments for public agency review prior to year's end, which schedule was driven by the deadlines imposed on the County by the MDNR / Holly Disposal Inc. litigation and while the SWPC was being given a basic background on solid waste matters in Oakland County and while focusing principally upon the critical issues which were the subject of MDNR's conditional approval of the County's 1990 Solid Waste Management Plan Update, neither the SOCRRA WTE site in Madison Heights or its companion facility, the 57 acre ash monof ill lateral landfill expansion in Rochester Hills were placed upon the agenda of the Committee. Although some of the SOCRRA matters were the subject of previous debate between the Board of Commissioners and the County Executive, these facility designations did not receive the extensive review and analysis by the Committee. After release of the draft plan amendments by the Committee on December 16, 1993, for the required 90 day public agency review and for the required public hearing (which was later held on March 31, 1994), considerable interest was subsequently expressed by a segment of the community for deletion of the WTE site designation in Madison Heights. No comments were received concerning the 57 acre ash monof ill site in Rochester Hills. SOCRRA representatives have remained silent as to the intentions of that agency on the continuing management of the Act 641 waste stream from its 14 member municipalities as it relates to these two sites. Given a silent facility sponsor and the magnitude of the time, effort and economic resources invested in their endeavors to date, the Committee suggests that it would be inappropriate to simply delete these two facilities at the last minute in this plan amendment process. . Rather, should the Board of Commissioners wish to pursue this course, it is suggested that a separate plan amendment process be initiated for these sites involving a full 90 day public agency review and a public hearing wherein all parties, pro and con, may present their case and wherein the sponsor would receive due process. To date, all activity has been singly one-sided and focused on the Madison Heights site. However, at the June 2, 1994 Solid Waste Planning Committee meeting, the General manager of SOCRRA made a presentation to the Committee including the following statements. Schedule A - Page 1 "SOCRRA has entered into a Consent Judgement with the City of Rochester Hills on its composting facility. The Consent Judgement was approved by the City Council at a Council meeting held on May 31, 1994 and by the SOCRRA Board of Trustees at a Special Meeting of the Board held on June 1, 1994. One provision in the Consent Judgement states that the Authority's property north of Avon Road be deleted from the County's Act 641 Solid Waste Plan and Plan Update. The Authority is also agreeable to change the plan designation of the Authority's Madison Heights Facility from a Waste to Energy Plant to that of a "Disposal Area" as defined in Act 641 with the exception that it not be used as an incinerator." On the basis of this public pronouncement, the SWPC is recommending to the Board of Commissioners that the following changes be made to the plan amendment. On Chapter 1, page 7, add a new section titled... Ilot 641 Designations - Changes: which includes the following language. 50CRRA Landfill- 711 Avon Roast City of Rochester Hills. The previously proposed future 57 acre expansion located on properties adjacent to, and north of the original landfill which was intended to be developed as a covered ash monof ill for waste-to-energy residuals, is herewith deleted from the Plan documents. Only the original designation of the SOCRRA landfill will remain. BOCRRA. 29470 John R Road, City of Madison Heights. This facility has previously been designated as a Waste to Energy Plant. This amendment changes that designation to a "Disposal Area" as defined by Act 641 except that the site may not be used as a sanitary landfill, an incinerator or as a waste-to-energy plant as previously proposed. On Chapter 1, Page 3, item 9, the final two sentences of this description of the existing facility should be removed. Host Community Agreements for new Act 641 designations: The Solid Waste Planning Committee recognizes the value of host community agreements between Act 641 facility sponsors and the municipalities wherein the facility is proposed. This signifies in-depth discussions between the parties and the reaching of a level of agreement over significant matters. However, it must be noted that in the worst-.case mandated sitings of major disposal areas such as landfills, host community agreements may not exist at all and in the development of interim siting criteria for forced facility sitings, MDNR has held that a requirement for host community agreements may not exist as a pre-condition for siting. The Committee believes that it should not be the responsibility of the SWPC to "...gain local host municipality acceptance of any site not included in the 641 Plan adopted by the Board of Commissioners in 1990." This implies a negotiating and / or arbitration role for the Committee that goes beyond the basic advisory, planning and oversight purposes for which the SWPC is formed, and which is allowed by Act 641 as amended through this date. Additionally, . there may well come a time, when an Act 641 facility must be sited to serve the overall best interests of the County at-large, over-riding the immediate needs and / or concerns of any host municipality. Schedule A - Page 2 In the instant case, only one new facility is proposed which is not covered by a host municipality agreement, the proposed BFI mixed-waste MRF / transfer station in the City of Pontiac. Originally, Pontiac requested the designation of two, non-site specific locations for mixed-waste MRF / transfer stations which would presumably become site specific and effective upon conclusion of negotiations of host community agreements with prospective owner / operators and upon notification by the City. MDNR staff advised that non-site specific designations were inappropriate. Therefore, the prospective owners / operators were allowed to present their case to the SWPC. Pontiac concluded its negotiations with one prospective owner (City Management) and did not with the other (BFI). The Committee is intrigued by both site proposals for mixed-waste MRF / transfer stations which seemly fit within the land uses existent and proposed in this area of Pontiac - not just for the self-evident purposes espoused by the City of Pontiac, but for the larger benefit of all solid waste generators in this northeast sector of the County. Each of the proposals is advanced by the owner / operator of significant landfill canacity which is located in contiguous counties. The County is decidedly short on access to long-term landfill capacity, each of the involved contigucus counties has allowed imports from Oakland County through their respec:ive inter-county flow authorizations, and the existence of mixed-waste MRF / transfer station operations would not only enhance the competitive nature of recycling and collection / haul bidding in this general area - but would assist in achievement of maximized permissive exports of wastes to other appropriate facilities. It is recommended that existence of a host community agreement as a pre- condition to the recommended siting of new Act 6'41 facilities by the Designated Planning Agency and the SWPC not be adopted as County policy since such a pre-condition may ultimately forestall recommendations which serve the larger needs of the County as-a-whole. It is recommended that both Mixed-waste MRF / transfer stations in Pontiac be carried forward as contained in the April 28, 1994 SWPC recommendations to the Board. SWPC Resolution originally Adopted on June 2, 1594 SWPC Resolution Amended on June 8, 1994 r Schedule A - Page 3 Resolution #94172 June 9, 1994 In Testimony Whereof, I have hereunto set my hand and affixed the County of Oakland at Pontiac, Michigan this 9th day of 4149k 1994. /1t#, Lynn/b. Allen, CourieriCrezdc-- seal of the Moved by Palmer supported by Pernick the resolution be adopted. AYES: Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, Law, McPherson, Miltner, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingdeldey, Douglas, Garfield. (23) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. FOREC7019(' P77.01_UTION C /III bon, County Executive Date 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 June 9, 1994 with the original record thereof now remaining in my office.