R 299.4702 County solid waste management plan; designation of agency responsible for preparation of plan.

Rule 702. (1) The director shall, within 2 weeks after the effective date of these rules, provide a form to each county on which the county shall indicate the county's intent to prepare or upgrade an existing solid waste management plan and designate an agency responsible for the preparation of the plan. As provided in section 11533(4) of the act, the municipalities within the county may file a notice of intent and designate the agency responsible for the preparation of the plan if the county fails to do so. In either case, the designated planning agency shall have the necessary expertise and the legal, financial, and institutional capabilities to prepare the plan. Designated planning agencies may include, but are not limited to, all of the following: (a) Regional, county, or municipal planning commissions. (b) Departments of public works. (c) Road commissions. (d) Drain commissioners. (e) County executives. (f) Solid waste disposal authorities. (2) If a county files a notice of intent and the designated planning agency does not follow the work program or comply with the requirements of the act, the director shall review the reasons for nonperformance and may request that the municipalities within the county prepare a solid waste management plan. (3) If the municipalities within a county file a notice of intent and the designated planning agency does not follow the work program or comply with the requirements of the act, the director shall review the reasons for nonperformance and may request that a regional solid waste management planning agency prepare a solid waste management plan. (4) If a regional solid waste management planning agency files a notice of intent and does not follow the work program or comply with the requirements of the act, the director shall review the reasons for nonperformance and may prepare a solid waste management plan which shall be final. (5) One year after the effective date of these rules, the director may, at his or her discretion, assume responsibility for the preparation of a solid waste management plan if the governmental unit that filed a notice of intent does not comply with the requirements of the act and these rules.