R 299.4710 Enforcement.

Rule 710. (1) There are 2 areas of enforcement that are affected by the county solid waste management plans. The first is the issuance of permits and licenses and second is the validity of local ordinances. (2) Two years after the approval of rules by the legislature or upon the director's approval of a county plan, whichever occurs first, a permit or license shall not be issued for a new facility unless that facility complies and is consistent with an approved solid waste management plan. If an approved solid waste management plan exists, the director shall review the plan and shall insure that the proposed facility complies and is consistent with the plan before a permit or license is issued. In reviewing the application for a new facility, the director shall consult with the designated planning agency to insure that the proposed facility complies with the approved solid waste management plan. If a proposed facility is not consistent or not in compliance with the approved solid waste management plan, then the applicant shall initiate an amendment to the plan if the applicant wishes to obtain a construction permit or operating license. If 2 years after the effective date of these rules an approved plan does not exist, the director shall not issue a permit or license for a new facility. (3) As stated in section 11538(8) of the act, local ordinances which are not consistent with approved solid waste management plans are not enforceable.