HomeMy WebLinkAboutResolutions - 1994.05.26 - 24230MAY 26, 1994
MISCELLANEOUS RESOLUTION # 94161
BY: PLANNING AND BUILDING COMMITTEE -
CHARLES E. PALMER, CHAIRPERSON
IN RE: SOLID WASTE MANAGEMENT - STATEMENT OF OBJECTIONS
TO THE RECOMMENDED AMENDMENTS TO THE 1990 SOLID
WASTE MANAGEMENT PLAN UPDATE AS ADOPTED BY THE
SOLID WASTE PLANNING COMMITTEE ON APRIL 28, 1994
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the Director of the Michigan Department of Natural Resources, on November 8, 1991
approved Oakland County's 1990 Solid Waste Management Plan Update but noted several deficiencies
and requested that amendments be adopted; and
WHEREAS, the passage of time has required that several other adjustments be made to the
County's 1990 Solid Waste Management Plan Update; and
WHEREAS, the Board of Commissioners appointed an Act 641 Solid Waste Planning Committee
on September 23, 1993 in response to the urging of the Oakland County Executive to consider appropriate
amendments to the 1990 Solid Waste Management Plan Update; and
WHEREAS, in litigation involving the MDNR and Holly Disposal, Inc. on a peripheral issue, the
two parties entered into a consent judgement which is summarized in a "Stipulation and Order for
Dismissal" dated November 10, 1993, in the Ingham County Circuit Court which imposed deadlines on the
plan amendment process in Oakland County and which stated that if Oakland County did not issue a draft
plan amendment for public agency comment by December 31, 1993; or if its Solid Waste Planning
Committee did not make its recommendations to the Board of Commissioners by April 30, 1994; or if the
Board of Commissioners did not approve the plan amendments and release the plan amendments to the
municipalities by June 15, 1994; or if 67% of the municipalities did not approve the plan amendments by
July 31, 1994, that the MDNR would mandate appropriate corrections to the 1990 Solid Waste
Management Plan within 6 months of the missed deadline and in the alternative, if 67% of the
municipalities approved the plan amendments and the Department was notified by July 31, 1994, the
MDNR Director would approve or disapprove the Plan Amendments within 60 days, and
WHEREAS, in concert with Act 641 and its Administrative Rules, the Solid Waste Planning
Committee working in conjunction with the County's Designated Planning Agency (the County Executive
and staff) developed a proposed series of Plan Amendments, released these proposals for the required
90 day public agency review period on December 16, 1993 and conducted the required public hearing on
the proposals on March 31, 1994; and
WHEREAS, the Solid Waste Planning Committee completed its tasks and within 30 days of the
close of the public comment period on March 31, 1994, recommended several amendments to the Board
of Commissioners on April 28, 1994; and
WHEREAS, the Planning and Building Committee, working in conjunction with the County
Executive's Solid Waste staff, and Corporation Counsel and with the continuing assistance of the Michigan
Department of Natural Resources staff have been reviewing the several amendments recommended by
the Solid Waste Planning Committee and seek the additional advice, counsel and recommendations of the
Solid Waste Planning Committee on these important documents.
NOW THEREFORE BE IT RESOLVED that in concert with Act 641 of PA 1978 as amended, the
Oakland County Board of Commissioners herewith adopts the attached "Statement of Objections' for the
11) Plan Amendment involving the Solid Waste Database, Inter-County Flow Arrangements, Demonstration
of Available Disposal Capacity, Interim Siting Mechanism, Contingency Plan and Designation of Additional
Disposal Capacity and adopts the attached "Statement of Objections' for the (2) Plan Amendment involving
Act 641 Designations - Additions and Deletions and requests that the Solid Waste Planning Committee
return their further recommendations on these several items no later than June 9, 1994 for final
consideration and action by the Board prior to the next imposed deadline of June 15, 1994.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMITTEE
Statement of Objections to the
Recommended Amendments to the
1990 Solid Waste Management Plan Update
involving the
Solid Waste Database, Inter-County Flow Arrangements, Demonstration of Available Disposal
Capacity, Interim Siting Mechanism, Contingency Plan and Designation of Additional Disposal Capacity
as adopted by the
Solid Waste Planning Committee
on April 28, 1994
Statement of Objections:
A. Inasmuch as this document will become Oakland County's de facto "Solid Waste
Management Plan" and will remain so for the next four to five years until replaced by
the next formal Plan Update in 1998 or 1999, are there editorial revisions which should
be made to ...
1. Eliminate unnecessary reference back to the original 1990 Solid Waste
Management Plan Update,
2. Cause confusion to the reader or generate questions that could be
resolved by a cleaner statement of the document's text
3. Properly cross-reference the text and sections of the original 1990 Plan
Update being replaced and which might be subject to litigation or
interpretation.
4. Eliminate the original document's narrative style, which was designed
to display the underlying reasons for Oakland County's disagreements
with the MDNR on various issues and which formed the basis of the
current proposals.
B. Inasmuch as this document is being promulgated in an environment where the
enabling legislation is in a major state of flux, are the provisions of the document
relating to alternate language in case of revised legislation properly structured to
provide appropriate guarantees to meet Oakland County's needs and properly
structured to meet the legislation currently on the floor of Michigan's Senate and House
of Representatives?
C. Although the MDNR promised to provide its comments to the County prior to this date
(May 20, 1994) so that this document could be revised at this late breaking hour to
insure that the final product is approvable by the MDNR Director, as of 8 AM on May
24, 1994, they have failed to do so. The Solid Waste Planning Committee is
requested to review all MDNR comments to date and the final MDNR comments (if
received), to insure that in the best judgement of the Solid Waste Planning Committee,
that the document will receive the approval of the MDNR Director.
D.
Other areas of objection noted by the Planning and Building Committee as listed below
should be commented on by the Solid Waste Planning Committee ...
1. Chapter 3, Page 5
Use of landfill space in Canada should be permissable.
2. Chapter 5, Page 8, Section IV, Item II
Add written communication and add the Chairpersons of the Board of
Commissioners and the Planning and Building Committee.
3. Chapter 5, Page 10, Item C
Attempt to notify shall include first-class mail and publication in an area
newspaper.
4. Chapter 5, Pages 22-23, Secondary Criteria
Should residential land uses be listed as criteria for review?
5. Chapter 5, Part D, Supplemental Criteria:
Clarify the point System used in the site rankings.
Provide definitions for Surficial geology.
Add municipal and commercial wells to the supplemental criteria.
6. Add an Appendix Identifying those Areas of concern that Were Denied
by DNR DNR NON-ACTION
7. CHAPTER 6, PAGE 3
Add Canadian landfill sites
8. Chapter 5, Item 14
Should the criteria relating to lakes and streams be ranked as a Primary or
Secondary item?
9. Chapter 5, Page 23
Should a new criteria relating to landfills within 1000 feet of the calculated cone
of depression of any well, public or private be added?
Statement of Objections to the
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
Statement of Objections:
A. Considerable comment has been received from the public concerning the SOCRRA
wrE site in Madison Heights. The Board of Commissioners finds retention of the VVTE
designation and the retention of the ash monofill landfill expansion in Rochester Hills
objectionable. The Solid Waste Planning Committee's recommendations on these
items and its recommendations on potential alternate designations is requested.
B. The addition of new sites without host community agreements is objectionable. The
Solid Waste Planning Committee's recommendations on this issue is requested (see
MR # 93072).
Resolution *94161 May 26, 1994
Moved by Palmer supported by
AYES: Powers, Schmid, Taub,
Gosling, Huntoon, Jensen, Johnson,
Moffitt, Obrecht, Palmer. (19)
NAYS: Pernick. (1)
Powers the resolution be adopted.
Aaron, Crake, Dingeldey, Douglas, Garfield,
Kaczmar, Kingzett, McCulloch, McPherson,
A sufficient majority having voted therefor, the resolution was adopted.
DOLS ta RIVIa(O
alcot len
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, 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 a
County of Oakland at Pontiac, Michigan this 26th day o
Lyng,D. Allen, County Clerk