Loading...
HomeMy WebLinkAboutResolutions - 2024.02.29 - 41014 AGENDA ITEM: Materials Management Plan Commencement DEPARTMENT: Economic Development MEETING: Board of Commissioners DATE: Thursday, February 29, 2024 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-3879 _ 24-7 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Resolution Yolanda Smith Charles INTRODUCTION AND BACKGROUND On January 8, 2024, the Director of the Michigan Department of Environment, Great Lakes & Energy (EGLE) initiated the process for each county to write a Materials Management Plan, under legislation changes to MI P.A. 451, Part 115, which became effective March 29, 2023. These plans will replace the existing county Solid Waste Management Plans and transition from a solid waste disposal focus to a new materials management system that will be geared toward seeking alternatives to landfilling, reducing environmental impacts, contributing to a circular economy, and identifying the highest and best use for all materials including recyclables, organics, and solid wastes. To comply with changes to the law, requesting approval of BOC to submit the Notice of Intent to prepare a Materials Management Plan for Oakland County, accept responsibility as the County Approval Agency (CAA) and designate the Office of the County Executive as the Designated Planning Agency (DPA). BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional information. CONTACT Whitney Calio, Planner Principal Kristen Wiltfang, Administrator Trails, Transportation & Environment ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 2/29/2024 David Woodward, Board of Commissioners Approved - 2/29/2024 Hilarie Chambers, Executive's Office Approved - 3/5/2024 Lisa Brown, Clerk/Register of Deeds Final Approval - 3/7/2024 AGENDA DEADLINE: 03/10/2024 7:12 PM ATTACHMENTS 1. NOIMaterialsManagementBackgroundMemo02022024 2. MMP DPA Acceptance Coulter 3. MMP Overview 02052024 ppt 4. Materials-Management-Planning-Process COMMITTEE TRACKING 2024-02-21 Economic Development & Infrastructure - Recommend to Board 2024-02-29 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Philip Weipert Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (16) No: None (0) Abstain: None (0) Absent: Christine Long, Yolanda Smith Charles, Michael Spisz (3) Passed February 29, 2024 RESOLUTION #2024-3879 _ 24-7 Sponsored By: Yolanda Smith Charles Economic Development - Materials Management Plan Commencement Chair and Members of the Board: WHEREAS the Michigan Department of Environment, Great Lakes & Energy (EGLE) is overseeing the transition from solid waste disposal to a new materials management system that will be geared toward seeking alternatives to landfilling, reducing environmental impacts, contributing to a circular economy, and identifying the highest and best use for all materials including recyclables, organics, and solid wastes; and WHEREAS amendments to Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, went into effect on March 29, 2023 and require all counties to prepare a Materials Management Plan (MMP); and WHEREAS the EGLE Director officially initiated the MMP process as of January 8, 2024 and requires all County Board of Commissioners to respond within 180 days; and WHEREAS Oakland County intends to submit a Notice of Intent to EGLE within 180 day and identifies the Oakland County Board of Commissioners as the County Approval Agency (CAA) which is the entity that assumes responsibility for the MMP and is authorized to approve the MMP; and WHEREAS the CAA must appoint an entity and a specific individual of the agency to become the Designated Planning Agency (DPA) which shall serve as the primary governmental entity that will develop and administer the MMP. NOW THEREFORE BE IT RESOLVED that the County Approval Agency (CAA) for the Materials Management Planning Process as identified by the State of Michigan's Department of Environment, Great Lakes, and Energy shall be designated to the Oakland County Board of Commissioners, who hereby assumes the responsibilities to carry out the necessary actions as the CAA. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, acting as the CAA, hereby appoints the Office of the Oakland County Executive as the Designated Planning Agency (DPA). BE IT FURTHER RESOLVED that all notices to the DPA shall be directed to Whitney Calio, Principal Planner, Department of Economic Development. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chair of the Board to execute the Notice of Intent to prepare a single county Materials Management Plan for Oakland County and act as the CAA primary contact. BE IT FURTHER RESOLVED that a budget amendment is not required. Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith Charles. Date: February 29, 2024 David Woodward, Commissioner Date: March 05, 2024 Hilarie Chambers, Deputy County Executive II Date: March 07, 2024 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2024-02-21 Economic Development & Infrastructure - Recommend to Board 2024-02-29 Full Board - Adopt Motioned by Commissioner Penny Luebs seconded by Commissioner Philip Weipert to adopt the attached Resolution: Materials Management Plan Commencement. Yes: David Woodward, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Charles Cavell, Brendan Johnson, Ajay Raman, Ann Erickson Gault, Linnie Taylor (16) No: None (0) Abstain: None (0) Absent: Christine Long, Yolanda Smith Charles, Michael Spisz (3) Passed ATTACHMENTS 1. NOIMaterialsManagementBackgroundMemo02022024 2. MMP DPA Acceptance Coulter 3. MMP Overview 02052024 ppt 4. Materials-Management-Planning-Process STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, 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 February 29, 2024, 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 Circuit Court at Pontiac, Michigan on Thursday, February 29, 2024. Lisa Brown, Oakland County Clerk / Register of Deeds OAKLAND COUNTY EXECUTIVE DAVID COULTER 2100 Pontiac Lake Road | Executive Office Building 41W | Waterford, MI 48328 | Fax (248) 452-2039 | AdvantageOakland.com To Oakland County Board of Commissioners From Bret Rasegan, Manager, Planning Date February 2, 2024 Re Materials Management Plan Updates to Michigan’s Solid Waste Program went into effect on March 29, 2023 after significant amendments were passed to Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The Michigan Department of Environment, Great Lakes & Energy (EGLE) is the state agency responsible for overseeing the process for all counties to transition away from traditional solid waste disposal to materials management. The new Materials Management System will be geared toward seeking alternatives to landfilling, reducing environmental impacts, contributing to a circular economy, and identifying the highest and best use for all discarded materials including recyclables, organics, textiles, tires, wood, concrete, and other materials that are traditionally considered trash and landfilled. The Oakland County Department of Economic Development administers the current Oakland County Solid Waste Plan. Staff have been monitoring the recent changes to legislation, attending Materials Management training and EGLE workshops, coordinating with stakeholders in the region, and are working with BOC staff to develop an administrative process, timeline, and work program to comply with amendments to the law. The EGLE director initiated the materials management planning process as of January 8, 2024. As a result, several actions are needed at various times over the next three years and include, but are not limited to: 1. Submit an official Notice of Intent to EGLE to prepare a new Materials Management Plan (MMP) and identify the County Approval Agency (CAA). The CAA is the entity that assumes responsibility and is authorized to approve a new MMP. The CAA may be a county board of commissioners, all the municipalities in a county acting jointly, or a regional planning agency. 2. CAA appoints the Designated Planning Agency (DPA). The DPA shall serve as the primary governmental entity that will develop and administer the MMP. 3. CAA identifies a specific individual at the DPA that will be the primary contact. 4. Dissolve the current Oakland County Solid Waste Planning Committee, establish a new Oakland County Materials Management Planning Committee and officially appoint members to the committee. 5. Review and approve the Materials Management Planning Grant agreement. Each county that applies and meets the eligibility requirements will receive funding from EGLE to prepare the MMP. 6. Appropriate funds to contract with a consultant that will assist in preparing the MMP. 7. Replace the current 2003 Oakland County Solid Waste Plan (as amended) with the new Materials Management Plan once it has been approved by EGLE. It is anticipated that the MMP process will take up to 36 months and be completed in 2027. This is a complex process and lengthy transition period. If you have any questions related to Materials Management, please contact Whitney Calio at caliow@oakgov.com. OAKLAND COUNTY EXECUTIVE DAVID COULTER 2100 Pontiac Lake Rd | Executive Office Building 41W | Waterford, MI 48328 | tel (248) 858-0480 | fax (248) 452-9215 | OakGov.com February 6, 2024 The Honorable David Woodward Chair, Oakland County Board of Commissioners 1200 North Telegraph Rd Pon�ac, MI 48341 Dear Chairman Woodward, On January 8, 2024, the Director of the Michigan Department of Environment, Great Lakes & Energy (EGLE) ini�ated the process for each county to write a Materials Management Plan, under legisla�on changes to MI P.A. 451, Part 115, which became effec�ve March 29, 2023. These plans will replace the exis�ng county Solid Waste Management Plans and transi�on from a solid waste disposal focus to a new materials management system that will be geared toward seeking alterna�ves to landfilling, reducing environmental impacts, contribu�ng to a circular economy, and iden�fying the highest and best use for all materials including recyclables, organics, and solid wastes. The Oakland County Department of Economic Development administers the current Oakland County Solid Waste Plan. Staff have been monitoring the recent legisla�ve amendments, atending Materials Management training and EGLE workshops, coordina�ng with stakeholders in the region, and are working with Board of Commissioners’ staff to develop an administra�ve process, �meline, and work program to comply with amendments to the law. To be consistent with the current Solid Waste Plan, the Office of the Oakland County Execu�ve accepts the responsibili�es of the Designated Planning Agency (DPA) for the Materials Management Planning Process and shall serve as the primary governmental en�ty that will develop and administer the new Materials Management Plan. I also endorse making Whitney Calio, Principal Planner, Department of Economic Development the primary contact for the DPA. Our team looks forward to fostering a collabora�ve and coopera�ve Materials Management planning process with the Board of Commissioners, community officials, residents, materials management facility operators, business owners, state agencies, adjacent coun�es, and other key stakeholders. We recognize that this is a complex process and lengthy transi�on period. If you have any ques�ons related to Materials Management, please contact Whitney Calio at caliow@oakgov.com. Sincerely, David Coulter Oakland County Execu�ve Materials Management Plan Overview Economic Development & Infrastructure Committee February 21, 2024 Solid Waste •Oakland County Solid Waste Plan is a state mandated, enforceable document that minimizes the impact that non- hazardous solid waste may have on public health, the environment, and the landscape •Major focus of the existing Solid Waste Plan is on disposal capacity •Latest amendment to the Plan was made in 2014 •Solid Waste Planning Committee (Official BOC Committee) •Solid Waste Plan remains in effect until new Materials Management Plan has been approved by EGLE Materials Management March 29, 2023 Legislature approved significant amendments to Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended New Materials Management Plan will focus on utilizing materials to their best and full potential prior to final disposal Mega Data Project Materials Management Planning •January 8, 2024 EGLE Director called for counties to initiate Materials Management Planning Process •July 6, 2024 Deadline for BOC to file MMP Notice of Intent (180 days) [Single County or Multi-County Plan] •2027 Materials Management Plans Complete (36 months) GFL Materials Recovery Facility in Pontiac, MI Important Next Steps The EGLE director initiated the materials management planning process as of January 8, 2024. As a result, several actions are needed at various times over the next three years and include, but are not limited to: 1.Submit an official Notice of Intent to EGLE to prepare a new Materials Management Plan (MMP) and identify the County Approval Agency (CAA). The CAA is the entity that assumes responsibility and is authorized to approve a new MMP. The CAA may be a county board of commissioners, all the municipalities in a county acting jointly, or a regional planning agency. 2.CAA appoints the Designated Planning Agency (DPA). The DPA shall serve as the primary governmental entity that will develop and administer the MMP. 3.CAA identifies a specific individual at the DPA that will be the primary contact. Existing Solid Waste Plan New Materials Management Plan Responsibility for the Plan County Approval Agency (CAA) Oakland County Board of Commissioners Oakland County Board of Commissioners   Designated Planning Agency (DPA) Designated Planning Agency (DPA) Office of the Oakland County Executive Office of the Oakland County Executive   Designee of DPA Designee of DPA Economic Development Department Economic Development Department (formerly Waste Resource Management Department) Planning & Local Business Development Division  Point of Contact - Whitney Calio BOC Committee Comparison 4. Dissolve the current Oakland County Solid Waste Planning Committee, establish a new Oakland County Materials Management Planning Committee and officially appoint members to the committee. Existing Solid Waste Planning Committee New Materials Management Planning Committee 14 Members 11 Members 1 county elected official 1 county elected official 1 city elected official 1 city or village elected official 1 township elected official 1 township elected official 1 SEMCOG representative 1 SEMCOG representative 1 industrial waste generator 1 operator of a business that generates a managed material 2 environmental interest group representatives 1 environmental interest group representative 4 solid waste industry representatives 1 solid waste disposal facility operator 3 general public representatives 1 waste hauler  1 material recovery facility operator  1 composting or anaerobic digester facility operator  1 waste diversion, reuse or reduction facility operator Tasks to be Completed by County Staff (CAA, DPA, BOC, Purchasing, Corp Counsel, Fiscal Services) •Task 1: Plan Initiation Process (Notice of Intent) •Task 2: Materials Management Planning Committee •Task 3: Project Administration •Task 4: Materials Management Planning Grant •Task 5: Request for Proposal process & Hire Consultant (Late 2024 Issue RFP) •Task 6: Plan Project Management •Task 7: Data Collection and Discovery Phase •Task 8: Stakeholder Engagement •Task 9: Analysis and Opportunities Phase •Task 10: Prepare Draft Materials Management Plan •Task 11: Plan Adoption and Approval Process •Task 12: Plan Implementation MMP Work Program Tasks Materials Management Planning Grant 5.Review and approve the Materials Management Planning Grant agreement. Each county that applies and meets the eligibility requirements will receive funding from EGLE to prepare the MMP. •EGLE Grant for Counties (available after Work Program approved by EGLE) •Years 1, 2, 3: $60,000 per year + $.50 per capita up to $300,000 = $360,000 per year for Oakland County •Subsequent years: $60,000 per year Important Next Steps 6.Appropriate funds to contract with a consultant that will assist in preparing the MMP. 7.Replace the current 2003 Oakland County Solid Waste Plan (as amended) with the new Materials Management Plan once it has been approved by EGLE. It is anticipated that the MMP process will take up to 36 months and be completed in 2027. 800-662-9278 Michigan.gov/EGLE August 2023 This publication is intended for guidance only and may be impacted by changes in legislation, rules, policies, and procedures adopted after the date of publication. Although this publication makes every effort to teach users how to meet applicable compliance obligations, use of this publication does not constitute the rendering of legal advice. EGLE does not discriminate on the basis of race, sex, religion, age, national origin, color, marital status, disability, political beliefs, height, weight, genetic information, or sexual orientation in the administration of any of its programs or activities, and prohibits intimidation and retaliation, as required by applicable laws and regulations. To request this material in an alternate format, contact EGLE-Accessibility@Michigan.gov or 800-662-9278. MATERIALS MANAGEMENT PLAN APPROVAL PROCESS WITH FLOWCHART This document outlines the steps taken to develop and approve a Materials Management Plan (MMP) and grant eligibility, after the Michigan Department of Environment, Great Lakes, and Energy (EGLE) Director initiates the MMP development process (Part 115, Sections 11571–11576, 11580, 11587). GLOSSARY O F TERMS Benchmark Recycling Standard (BRS): a recycling curbside and drop-off access standard that each planning area must meet within the timelines identified in statute. County Board of Commissioners (BOC): the elected governing body authorized to make policy decisions for the county, or the elected county executive, as appropriate. County Approval Agency (CAA): the entity that assumes responsibility and is authorized to approve the MMP, by submitting a notice of intent for preparing the MMP. The CAA may be a county board of commissioners, all the municipalities in a county acting jointly, or a regional planning agency. Designated Planning Agency (DPA): the agency and a specific individual of the agency designated by the CAA that shall serve as the primary government resource in the planning area for the administering and developing the MMP. “DPA” does not mean a regional planning agency, unless the CAA identifies the regional planning agency as the DPA. Disposal Area: a facility that accepts solid waste for disposal, or handling prior to disposal, such as a landfill, incinerator, or solid waste processing and transfer facility. Diverted Waste: waste generated by households, businesses, or government entities that can lawfully be disposed of at a municipal solid waste landfill or incinerator but is separated from other waste for better management. Examples of diverted waste include batteries, pesticides, pharmaceuticals, light bulbs, sharps, mercury containing devices, hazardous materials, or liquid wastes. Managed Materials: solid waste, diverted waste, or recyclable material. Materials Management Facility (MMF): a disposal area, materials utilization facility, or waste diversion center. Materials Management Goal (MMG): goals identified in an MMP that are measurable, objective, and specific to the planning area identified to divert recyclables and organics from disposal. These goals include the municipal solid waste recycling rate goal, the benchmark recycling standards identified in Part 115, and any additional material utilization and reduction activities identified by the MMP. Materials Management Planning Committee (MMPC): a permanent body that is appointed by the CAA to direct the Designated Planning Agency in the preparation, coordination and ensures fulfillment of the MMP. Materials Utilization Facility (MUF): a facility, such as a materials recovery facility, anaerobic digester, compost facility, or innovative technology facility that processes recyclable materials for conversion into raw materials, intermediate, or new products. Planning Area: the geographic area included within a materials management plan. Regional Planning Agency: Governor-appointed regions within the State for planning purposes. Refer to the Michigan Association of Regions map for geographical locations. Waste Diversion Center: a facility designated for the purpose of receiving or collecting diverted wastes. MATERIALS MANAGEMENT PLAN DEVELOPMENT AND APPROVAL PLAN DEVELOPMENT AND APPROVAL PROCESS STEP 1. NOI is filed and the responsible entity becomes the CAA within 180 days of EGLE’s request. If an NOI was not filed by the BOC, the municipalities or RPA can request an extension from EGLE to allow the parties an opportunity to determine who will file the NOI with an EGLE approved extension. •If an NOI was filed, continue to Step 2. •If an extension was requested by the municipalities or RPA from EGLE and approved by EGLE, continue to Step 2. •If an extension was not requested or an NOI was not filed, EGLE shall prepare the MMP. The EGLE prepared MMP is final, and the process ends. The CAA has a total of 36 months from the date an NOI is filed to complete its portions of the process. STEP 2. After the NOI is submitted, the following must be completed: •The CAA establishes the DPA. The CAA will have the option to identify a DPA while filing its NOI. This is highly recommended to give the DPA ample time to complete the remaining tasks. However, the CAA has up to 120 days to officially appoint their DPA. •Within 180 days: The CAA appoints the MMPC; the DPA will draft the Work Program; the MMPC approves Work Program and submits the Work Program to EGLE; EGLE approves the Work Program. All tasks must be completed within this 180-day given timeframe. The CAA is grant eligible once an NOI is filed, a DPA and MMPC have been appointed, and a Work Program has been approved by the MMPC and EGLE. It is recommended to begin MMP drafting and development while waiting for MMP grant distribution, to ensure the 36-month total timeframe is met. STEP 3. The MMP is drafted. STEP 4. The MMPC approves the draft MMP. STEP 5. The MMP goes to public comment for a minimum of 60 days. During this time, a public hearing is conducted by the DPA. •The public hearing notice shall be published at least 30 days prior to the public hearing date. Documentation must be provided to EGLE. STEP 6. Once the public comment period and hearing are completed, the DPA has 30 days to revise the draft MMP based on comments received and send the draft MMP back to the MMPC for approval, if applicable. STEP 7. The MMPC approves the MMP by majority vote within 30 days after the DPA has sent the revised draft MMP back for final approval. STEP 8. The CAA must approve or reject the MMP within 60 days after the MMPC has approved the MMP. •If the CAA approves the MMP, continue to Step 9. •If the CAA does not approve the MMP within 30 days, the CAA sends the MMP back to the MMPC with objections. o The MMPC then responds to the CAA within 30 days. o The CAA acts on the MMP. If the CAA approves the MMP, continue to Step 9. If the CAA does not approve the MMP, the CAA prepares its own MMP, then continues to Step 10. STEP 9. Within 10 business days of CAA approval, the DPA sends the MMP to all municipalities in the County. MATERIALS MANAGEMENT PLAN DEVELOPMENT AND APPROVAL Michigan.gov/EGLEMMP | EGLE-MMP@Michigan.gov STEP 10. Municipalities are given 120 days to approve or reject the MMP. •Only those municipalities that voted within the 120 days will count toward approval or rejection of the MMP. All municipalities that have not responded within the 120-day timeframe will NOT count toward the 67 percent. •If 67 percent of the municipalities that acted on the MMP within 120 days approve of the plan, continue to Step 11. •NOTE: 67 percent of the municipalities that respond to the vote must approve the MMP. •If 67 percent of municipalities that voted within 120 days do not approve the MMP, then EGLE will prepare the MMP, it will be final, and the process ends. •NOTE: ALL tasks to this point must be completed within 36 months. STEP 11. 30 days after the municipalities review and approve the MMP, the DPA shall submit the MMP to EGLE for final review, continue to Step 12. After the MMP is submitted by the DPA, EGLE has 180 days to review. The review can be extended by another 90 days if modifications are needed to bring the MMP into compliance with Part 115. STEP 12. If EGLE approves the MMP, the MMP is final, and the process is complete. If EGLE does not approve the MMP, EGLE may prepare or modify the MMP, and the process continues to Step 13. STEP 13. EGLE submits the MMP to the CAA. If the CAA approves the EGLE modifications of the MMP, the MMP is final, and the process is complete. If the CAA does not approve the EGLE modifications to the MMP, EGLE prepares the final MMP, and the process is complete. NOTES •All meetings shall be open to the public and require at least 10-day notice be given to the chief elected official of each municipality within the planning area and any other person requesting notice. •All approval steps must be completed within the given timeframe. If the MMP is neither approved nor rejected by the established deadline, the MMP is considered automatically approved at that step in the approval process, and the approval process shall continue at the next step. •The CAA has a total of 36 months to complete all its portions of the process. E GLE P REPARED M ATERIALS M ANAGEMENT P LAN R EQUIREMENTS •Materials utilization facilities or solid waste processing and transfer facilities are automatically found to be consistent with the MMP if they: (1) are exempt from permit and license requirements; (2) comply with local zoning requirements; and (3) that are identified in the MMP. •The MMP cannot approve any non-contiguous additional solid waste landfill disposal capacity unless the BOC has shown a demonstrated need (Section 11509(9)). •The MMP shall require all haulers servicing the planning area, per Part 115, to provide recycling access per the Benchmark Recycling Standard. An EGLE prepared MMP will not contain a requirement for additional siting criteria or the criterion that the Host Community provides an approval for the development of any facility. MATERIALS MANAGEMENT PLAN DEVELOPMENT AND APPROVAL Michigan.gov/EGLEMMP | EGLE-MMP@Michigan.gov