Section 324.11122 - Limited storage facility; license; form and contents of application; fee; compatibility with local zoning ordinances; impact on municipality; certification; approval or denial of o
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.11122 Limited storage facility; license; form and contents of application; fee; compatibility with local zoning ordinances; impact on municipality; certification; approval or denial of operating license.
Sec. 11122.
(1) A person may establish a limited storage facility without a construction permit from the department. However, a person shall not establish a limited storage facility or conduct, manage, maintain, or operate a limited storage facility within this state without an operating license from the department issued under this section, notwithstanding section 11123. A limited storage facility is subject to the rules pertaining to storage facilities.
(2) An applicant for a limited storage facility operating license shall apply for that license on a form provided by the department that shall include the name and residence of the applicant, the location of the proposed or existing facility, other information specified by rule or by federal regulation issued under the solid waste disposal act, and proof of financial responsibility. The application shall include a determination of existing hydrogeological characteristics specified in a hydrogeological report and monitoring program consistent with rules promulgated by the department, an environmental assessment, an engineering plan, procedures for closure, and a resolution or other formal determination of the governing body of the municipality in which the proposed limited storage facility would be located indicating that the limited storage facility is compatible with local zoning ordinances. However, in the absence of a resolution or other formal determination, the application shall include a copy of a registered letter sent to the municipality dated 60 days prior to the application submittal indicating the intent to construct a limited storage facility, requesting a formal determination on whether the proposed facility is compatible with local zoning ordinances in effect on the date the letter is received and indicating that failure to pass a resolution or make a formal determination within 60 days of receipt of the letter means that the proposed facility is to be considered compatible with applicable zoning ordinances. The environmental assessment shall include, at a minimum, an evaluation of the proposed facility's impact on the air, water, and other natural resources of the state and also shall contain an environmental failure mode assessment. The application shall be accompanied by a fee of $500.00, which shall be deposited in the general fund of the state.
(3) If a municipality does not make a formal determination concerning whether a proposed limited storage facility is compatible with local zoning ordinances within 60 days of receiving a registered letter as described in subsection (2), it shall mean that the limited storage facility is to be considered compatible with local zoning ordinances and incompatibility with local zoning shall not be a basis for denial of the license by the department. In determining whether the proposed limited storage facility is compatible with local zoning ordinances, the municipality shall assess the proposed facility's compatibility with ordinances in effect at the date of receipt of the registered letter.
(4) Prior to issuing an operating license for a limited storage facility, the department shall deliberate on the impact that the proposed limited storage facility would have on the municipality in which it is to be located and shall consider, at a minimum, all of the following:
(a) The risk and impact of accident during the transportation of hazardous waste.
(b) The risk and impact of contamination of ground and surface water by leaching and runoff from the proposed limited storage facility.
(c) The risk of fires or explosions from improper storage methods.
(d) The impact on the municipality where the proposed limited storage facility is to be located in terms of the health, safety, cost, and consistency with local planning and existing development. The department also shall consider local ordinances, permits, or other requirements and their potential relationship to the proposed limited storage facility.
(e) The nature of the probable environmental impact, including the specific predictable adverse effects on the following:
(i) The natural environment and ecology.
(ii) Public health and safety.
(iii) Scenic, historic, cultural, and recreational value.
(iv) Water and air quality and wildlife.
(f) An evaluation of measures to mitigate adverse effects.
(5) The department shall consider the concerns and objections submitted by the public. The department shall facilitate efforts to provide that the concerns and objections are mitigated by establishing additional stipulations specifically applicable to the limited storage facility and operation at that site. The department shall not issue an operating license under this section unless the proposed limited storage facility is compatible with the zoning ordinances of the municipality in which the limited storage facility would be located.
(6) The applicant also shall submit to the department a certification under the seal of a licensed professional engineer verifying that the construction of the limited storage facility has proceeded according to the plans approved by the department. The department shall require additional certification periodically during the operation or in order to verify proper closure of the site.
(7) The department shall either approve or deny the application for an operating license. If the department denies the operating license, the department shall state the reasons for the denial in writing.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: Hazardous Waste Act
Popular Name: NREPA