HomeMy WebLinkAboutResolutions - 1994.05.26 - 24215REPORT (Misc. 194086) May 26, 1994
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GENERAL GOVERNM
BY: General Government Committee, Donald Jensen, Chairperson
RE: MR 94086-Forced Sitings of Disposal Capacity
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above
referenced resolution on May 16, 1994, reports with the
recommendation that the resolution be adopted.
Chairperson, on behalf of the General Government Committee, I
move acceptance of the foregoing report.
APRIL 28, 1994
REPORT ( M i sc. #94086)
PLANNING AND BUILDING COMMITTEE - CHARLES E. PALMER,
CHAIRPERSON
MISCELLANEOUS RESOLUTION #94086, FORCED SITINGS OF
DISPOSAL CAPACITY
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the
above-referenced resolution, reports with the recommendation that
It be adopted with an amendment deleting the last BE IT FURTHER
RESOLVED paragraph and substituting the following new paragraph:
"BE IT FURTHER RESOLVED that the Oakland County Board
of Commissioners urges Governor John Engler and the
Legislature to place an immediate moratorium on
implementing the 1981 Administrative Rules until the
legislature deals with the issues set forth in this
resolution."
Chairperson, on behalf of the Planning and Building Committee,
I move acceptance of the foregoing Report.
PLANNING AND_RUILDING COMMITTEE
BY:
IN RE:
Miscellaneous Resolution #94086 March 24, 1994
BY: Larry Crake, Commissioner District 4; Sue Douglas,
Commissioner District 8; Donna Huntoon, Commissioner
District 2; Ruth Johnson, Commissioner District 1; Jeff
Kingzett, Commissioner District 7; Lawrence Obrecht,
Commissioner District 3; Dennis Powers, Commissioner
District 10
RE: Forced Sitings of Disposal Capacity
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, on June 1, 1992, the U.S. Supreme Court rendered a
decision that allows out-of-state and out-of-country wastes to flow
freely into Southeastern Michigan; and
WHEREAS, on March 4, 1993, the Oakland County Board of
Commissioners adopted a resolution (MR 93001) which...
1. Urged Congress to adopt laws allowing counties to
effectively regulate the flows of out-of-state and out-
of-country wastes so that they may properly plan for the
disposal of their own wastes without that capacity being
usurped by uninvited wastes, and
2. Urged the State of Michigan, absent any such timely
national legislation, to suspend the forced siting of new
landfills beyond that necessary for the local waste
stream over the short-term (3 to 5 years); and
WHEREAS, on October 7, 1993, the Oakland County Board of
Commissioners adopted a resolution (MR 93170) which...
3. Urged the State of Michigan to reduce the Act 641
planning period from 20 years to 10 years (in part to
reduce the amount of disposal capacity originally
required and to reduce the threshold at which capacity
must be replenished); and
WHEREAS, little progress has been made on this entire issue
(both from a national and state perspective) and Oakland County is
currently faced with the potential mandate of additional disposal
capacity (by a state agency which refuses to change its
Interpretations of 1981 administrative rules in spite of a
dramatically altered solid waste scene), which will only add
additional capacity which is not required for the short-term needs
(3 to 5 years) of the County's solid waste generators and which
excess will become an additional competitor for the region's
limited waste stream, thereby attracting even more out-of-state and
out-of-country wastes as the operators of the numerous landfills
seek to maximize their operation levels.
Chairperson, we move adoption of the foregoing resolution.
LarvI P". Crake Donna HUIlt0On
Dennis Powers
/14 Sue Douglas
f)
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners reaffirms the problems previously identified, the
urgency for corrective actions required at both a national and
state level, and the solutions presented, as expressed in
Miscellaneous Resolutions 93001 and 93170; and
BE IT FURTHER RESOLVED that Michigan's legislators be urged to
adopt additional changes to Act 641 so that forced sitings of
additional disposal capacity do not occur, unless a county cannot
demonstrate that it has access to at least 5 years of disposal
capacity at in-county sites, at sites in other counties where such
is permissive in the approved Act 641 plans, or at out-of-state
sites; and
BE IT FURTHER RESOLVED that such changes should be enacted on
an emergency basis, with immediate effect, and which override
existing plan language, litigation, or administrative edicts which
may force a county to site additional disposal capacity when it has
access to more than 5 years of disposal needs.
BE IT FURTHER RESOLVED that the Oakland County Board of
Commissioners places an immediate moritorium on implementing the
1981 Administrative rules until the legislsature deals with the
issues set forth in this resolution.
( „ f
Lawrence Obrecht
2i6E-7-to ge-a-E-7
•
Resolution #94086 May 26, 1994
Moved by Jensen supported by Huntoon the General Government Committee and
Planning and Building Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Jensen supported by Huntoon the resolution be adopted.
Moved by Jensen supported by Huntoon the resolution be amended to coincide
with the Planning and Building Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Miltner, Moffitt, Obrecht, Palmer, Powers,
Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas, Garfield, Gosling, Huntoon,
Jensen, Johnson, Kaczmar, Kingzett. (21)
NAYS: Pernick. (1)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
DOES NOT REQUIRE COUNTY EXECUTE ACTION
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 May 26, 1994 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and 4 a ixed the seal of the
County of Oakland at Pontiac, Michigan this 26th day o y laAk . _ ......,,c).
ynpFD. Allen, County Clerk