LATERAL EXPANSION TO ACCOUNT FOR THE
BOUNDARY OF EXISTING COAL ASH LANDFILL
House Bill 5496 as introduced
Sponsor: Rep. Gary Howell
Committee: Natural Resources and Outdoor Recreation
Complete to 3-3-20
House Bill 5496 would amend Part 115 (Solid Waste Management) of the Natural Resources and Environmental Protection Act to amend the definition of lateral expansion of a coal ash landfill to include a horizontal expansion beyond the solid waste boundary of an existing coal ash landfill.
Currently under the act, lateral expansion includes a horizontal expansion of the solid waste boundary of a coal ash landfill, if the expansion is beyond the limit established in a construction permit issued after December 28, 2018. The bill would add that a lateral expansion of a coal ash landfill includes a horizontal expansion of the solid waste boundary beyond the solid waste boundary, as defined in R 299.4105 of the Michigan Administrative Code, of an existing coal ash landfill.
Existing coal ash landfill would mean a coal ash landfill to which either of the following applies:
· The landfill received coal ash both before and after October 19, 2015.
· Construction of the landfill commenced before October 19, 2015, and the landfill received coal ash on or after October 19, 2015. For the purposes of this definition, construction of a landfill has commenced if either of the following applies:
o The landfill is licensed under Part 115.
o The landfill’s engineering plans were approved by the Department of Environment, Great Lakes, and Energy and an on-site physical construction program began and continued before October 19, 2015.
MCL 324.11503 and 324.11504
House Bill 5496 would not affect revenues or costs for the Department of Environment, Great Lakes, and Energy or local governments.
Fiscal Analyst: Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.