HomeMy WebLinkAboutResolutions - 1995.08.03 - 24370•
AUGUST. 3, 1995
REPORT (MSC. #95163)
GENERAL GOVERNMENT COMMITTEE - KAY SCHMID, CHAIRPERSON
M.R. #95163, MANDATORY REGIONAL PLANNING APPROACH FOR SOLID
WASTE MANAGEMENT PLANNING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The General Government Committee, having reviewed the above-referenced resolution on
July 17, 1995, reports with the recommendation that the resolution be adopted with the
following amehdments:
NEW TITLE
FREE MARKET LANDFILL AND REQUIRED HOST COMMUNITY' AGREEMENT
APPROACH FOR SOLID WASTE MANAGEMENT PLANNING
WHEREAS, the Michigan Department of Natural Resources has proposed major conceptual
revisions to the Solid Waste Management Planning Program under Act 641 of 1978 as amended
(the Solid Waste Management Act); and
WHEREAS, these proposals, the latest of which was introduced to the Environmental Policy
Committee of the Natural Resources Commission on January 23, 1995, call for basic planning
boundaries which encompass numerous counties into several large regions throughout the
State for the purpose of landfill planning and use, such boundaries basically defining
free market areas within which all would have access to all willing landfill facilities;
and
WHEREAS, host community agreements would be required for new landfill sitings and/or
expansions of existing landfills and simply the existence of such a document as well as a
facility proposal which met all of Act 641s requirements would be the only prerequisites
necessary to allow the landfill proposal to proceed; and
WHEREAS, as long as a region contained more than 66 months of disposal capacity, as
determined by a state compilation of each county's required annual capacity
certifications, forced sitings of new facilities and/or expansions would not be necessary;
and
WHEREAS, in the event that a region's disposal capacity fell below 66 months, a single,
uniform state-wide Interim Siting Mechanism for landfills would than be operative
throughout the region; and
WHEREAS, individual counties would retain the right to develop Solid Waste Management
Plans for all other elements of the planning process, although a single, region-wide
planning committee and process is encouraged; and
WHEREAS, specific legislation is being prepared for introduction on these proposed major
revisions, which is anticipated to be introduced immediately after Congress has settled
national issues pertaining to economic flow control and inter-state flows of waste issues;
and
BY:
IN RE:
WHEREAS, It is important that Oakland County's position on the proposals be known by all
involved in Michigan's legislative process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners herewith lends
its support to the basic concept of removing landfills from the county solid waste
management planning process and letting the free market reign in serving landfill needs
throughout the state as a single large region and to the basic concept of host community
agreements being required as the primary prerequisite (beyond Act 641's requirements) to
the consideration by ADM of construction and operating permits for landfills, with the
following caveats....
A. Adjacent communities significantly impacted by the proposed site, including such
factors as traffic, air flow and water flow, and host counties should be involved in
the host community agreement process;
BE IT FURTHER' RESOLVED that although the Oakland County Board of Commissioners does not
support the establishment of artificially defined regions within the state within which
the landfill free market would be restricted, should the Legislature determine that two
or more regions should be defined within the State, that the following additional caveats
should be considered.
B. The defined regions should be established by the Legislature, not by the MDNR
rule making process;
C. Xf a region falls below the minimum 66 months of disposal capacity availability
and the Interim Siting Mechanism process becomes operative region-wide, counties
which contain more than 10 years of disposal capacity should not be required to
become open for forced sitings of new facilities, only for expansions of existing
facilities.
D. Counties should not be required to submit to a regional planning effort, instead
being free to choose an active management role bringing its own expertise and that
of its citizens and municipalities into play in the development of remaining plan
specifics.
BE IT FINALLY RESOLVED that copies of this resolution be forwarded to Oakland County's 61
municipalities, the State Legislative contingent, the Governor, the Director of the
Michigan Department of Natural Resources and the Michigan Association of Counties.
Chairperson, on behalf of the General Government Committee, I move acceptance of the
foregoing Report.
GENERAL GOVERNMENT COMMITTEE
Bold Italics indicate changes from the original Planning and Building
Committee resolution - MR ft 95163.
REPORT (M isc. #95163 ) August 3, 1995
BY: Planning and Building Committee, Charles Palmer, Chairperson
RE: M.R. #95163 - MANDATORY REGIONAL PLANNING APPROACH FOR SOLID
WASTE MANAGEMENT PLANNING
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having acakaaidemed its
report of June 13, 1995, on July 18, 1995, reports with the
recommendation that the resolution be amended to coincide with the
recommended amendments of the General Government Committee's July
17 meeting.
Chairperson, on behalf of the Planning and Building Committee,
I submit the foregoing report.
PLANNING AND BUILDING COMMITTEE
REPORT (Misc. #95163) June 22, 1995
BY: Planning and Building Committee, Charles Palmer, Chairperson
RE: MR 95163-MANDATORY REGIONAL PLANNING APPRnAcH Fcrq WT7
MANAGEMENT PLANNING
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
The Planning and Building Committee, having reviewed the
above-referenced resolution on June 13, 1995, reports with the
recommendation that the resolution be adopted with the following
amendments:
Item A be revised to read Adjacent communities significantly
impacted by the proposed site. including gurh fantnl- AQ
traffic- air flow and water flow. and ...
Add BE IT FURTHER RESOLVED that copniaL_Qf_t_tu_s_r_eis
Chairperson, on behalf of the Planning and Building Committee,
I move acceptance of the foregoing report.
PLANNING & BUILDING COMMITTEE
May 25, 1995
MISCELLANEOUS RESOLUTION #95163
BY SUE ANN DOUGLAS, COUNTY COMMISSIONER, DISTRICT #8
RUTH JOHNSON, COUNTY COMMISSIONER, DISTRICT #i
IN RE; MANDATORY REGIONAL PLANNING APPROACH FOR SOLID WASTE MANAGEMENT
PLANNING
To the Cakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Michigan Department of Natural Resources has proposed major
conceptual revisions to the Solid Waste Management Planning Program under Act 641
of 1978 as amended (the Solid Waste Management Act); and
WHEREAS these proposals, broadly labeled the "Mandatory Regional Planning
Approach for Solid Waste Management Planning", call for basic planning boundaries
which encompass numerous counties into several large regions throughout the State
for the purpose of landfill planning and use, such boundaries basically defining
free market areas within which all would have access to all willing landfill
facilities; and
WHEREAS host community agreements would be required for new landfill
sitings and/or expansions of existing landfills and simply the existence of such
a document as well as a facility proposal which met all of Act 641's requirements
would be the only prerequisites necessary to allow the landfill proposal to
proceed; and
WHEREAS as long as a region contained more than 66 months of disposal
capacity, as determined by a state compilation of each county's required annual
capacityeerrifications, forced sitings of new facilities and/or expansions would
not be necessary; and
WHEREAS in the event that a region's disposal capacity fell below 66
months, a single, uniform state-wide Interim Siting Mechanism for landfills would
then be operative throughout the region; and
WHEREAS individual counties retain the right to develop Solid Waste
Management Plans for all other elements of the planning process, although a
single, region-wide planning committee and process is encouraged; and
WHEREAS specific legislation is being prepared for introduction on these
proposed major revisions, which is anticipated to be introduced immediately after
Congress has settled national issues pertaining to flow control and inter-state
flows of waste issues; and
WHEREAS it is important that Oakland County's position on the proposals be
known by all involved in Michigan's legislative process.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
herewith lends its support to the basic concepts presented by MDNR staff to the
Environmental Policy Committee of the Natural Resources Ccmmission on January 23,
1995, with the following caveats
A. Adjacent communities immediately contiguous to the proposed host
community and host counties should be involved in the host community
agreement process;
The defined regions should be established by the Legislature, not by
the MDNR rule making process;
If a regional falls below the minimum 66 months of disposal capacity
availability and the Interim Siting Mechanism process becomes
operative region-wide, counties which contain more than 10 years of
disposal capacity should not be required to become open for forced
sitings of new facilities, only for expansions of existing
facilities.
Chairperson, we move the adoption of the foregoing resolution.
C.
Resolution #95i63 August 3, 1995
Moved by Schmid supported by Douglas the General Government Committee
Report and the Planning and Building Committee Reports be accepted.
A sufficient majority having voted therefor, the reports were accepted.
Moved by Schmid supported by Powers the resolution be adopted.
Moved ty Schmid supported by Powers the resolution be amended to coincide
with the recommendation of the General Government Committee Report.
A sufficient majority having voted therefor, the amendment carried,
Vote on resolution, as amended:
AYES: Garfield, Huntoon, Jacobs, Jensen, Johnson, Kaczmar, Kingzett, Law,
McCulloch, McPherson, Moffitt, Obrecht, Palmer, Pernick, Powers, Quarles, Schmid,
Taub, Wolf, Amos, Crake, Devine, Dingeldey, Douglas. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
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 August 3, 1995 with the original record
thereof now remaining f.n my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 3rd day of August 1995.
LyrulD: Allen, County Clerk