Re: Need references to laws used or proposed to discourage incinerators

["Alex J. Sagady & Associates" <ajs@sagady.com>]

At 04:36 PM 12/10/1999 -0500, you wrote:
>I am looking for pointers to laws or ordinances used or proposed by 
>counties or other jurisdictions to discourage incinerators.  Examples are 
>a prohibition within 3 miles of schools and nursing homes.  Lawmakers are 
>more receptive to such proposals when prior examples are available.  Any 
>citations or references would be much appreciated.
>
>Alan Muller
>
>Alan Muller, Executive Director
>Green Delaware

Here is the Michigan statutory provision on siting new municipal waste 
incinerators
in the Michigan Natural Resources and Environmental Protection Act
MCL 324.5502

324.5502 Issuance of permit to install or operating permit to municipal 
solid waste
incinerator; applicability of subsection (1); municipal solid waste 
incinerator existing
prior to June 15, 1993.

Sec. 5502. (1) Except as provided in subsection (2), the
department shall not issue a permit to install or an operating permit to a 
municipal solid
waste incinerator unless the municipal solid waste incinerator is located 
at least 1,000
feet from all of the following:

(a) A residential dwelling.
(b) A public or private elementary or secondary school.
(c) A preschool facility for infants or children.
(d) A hospital.
(e) A nursing home.

(2) Subsection (1) does not apply to a municipal solid waste incinerator 
that existed prior to
June 15, 1993, or to the modification; alteration; expansion, including, 
but not limited to, the
addition of 1 or more combustion units and any accompanying features or 
fixtures; or retrofit of
such a municipal solid waste incinerator after June 15, 1993, regardless of 
whether the activity
requires a permit.

(3) For the purposes of this section, a municipal solid waste incinerator 
existed prior to June
15, 1993 if either of the following applies:

(a) It was issued a permit to operate or a permit to install for 
installation, construction,
modification, alteration, or retrofit prior to June 15, 1993, unless it was 
denied a permit to operate
prior to June 15, 1993.

(b) It is located at a geographical site at which 1 or more incinerator 
units incinerated waste
during the 6 months prior to June 15, 1993.

History: 1994, Act 451, Eff. Mar. 30, 1995;--Am. 1995, Act 227, Imd. Eff. 
Dec. 14, 1995;--Am. 1998, Act 6, Imd. Eff. Feb. 6, 1998.



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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
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