May 21, 2015, Introduced by Senator ANANICH and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11518 (MCL 324.11518).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11518. (1) At the time When
a disposal area that is a
sanitary landfill is licensed, an instrument that imposes a
restrictive covenant upon the land involved shall be executed by
all of the owners of the tract of land upon which the landfill is
to be located and the department. If the land involved is state
owned, the state administrative board shall execute the covenant on
behalf of the state. The instrument imposing the restrictive
covenant shall be filed for record by the department or a health
officer in the office of the register of deeds of the county, or
counties, in which the facility is located. The covenant shall
state
that all of the following:
(a) That the land described in the covenant has been or will
be
used as a landfill. and
(b) Subject to subdivision (c) that neither the property
owners, their servants, agents, or employees, nor any of their
heirs, successors, lessees, or assigns shall engage in filling,
grading,
excavating, or drilling
, or mining on the property during
the first 50 years following completion of the landfill without
authorization of the department. In giving authorization, the
department shall consider the original design, type of operation,
material deposited, and the stage of decomposition of the fill.
Special
exemption from this section subdivision
may be granted by
the department if the lands involved are federal lands or if
contracts existing between the landowner and the licensee on
January 11, 1979 are not renegotiable.
(c) That neither the property owners, their servants, agents,
or employees, nor any of their heirs, successors, lessees, or
assigns shall engage in any mining on the property, including, but
not limited to, mining of the landfill on the property for land
reclamation, the recovery of soil, recyclables, or other materials
from the landfill, for the increase in landfill capacity, or for
the extension of landfill life.
(2) This part does not prohibit the department from conveying,
leasing, or permitting the use of state land for a solid waste
disposal area or a resource recovery facility as provided by
applicable state law.