Act No. 57

Public Acts of 2006

Approved by the Governor

March 9, 2006

Filed with the Secretary of State

March 13, 2006

EFFECTIVE DATE: March 13, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Acciavatti, Pavlov, Palsrok, Ward, Hoogendyk, Taub, Brandenburg, Amos, Vander Veen, Robertson, Hummel, Gosselin, Walker, Stahl, Shaffer, Elsenheimer, Casperson, Huizenga, Proos, Moolenaar, Caswell, Schuitmaker, Booher, Caul, Moore, Jones, Kahn, Farhat, Hansen, Pearce, Nofs, David Law, Green, Marleau, Mortimer, Emmons, Kooiman, Pastor, Ball, Rocca and Hildenbrand

ENROLLED HOUSE BILL No. 5176

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 11526e.

The People of the State of Michigan enact:

Sec. 11526e. (1) Subject to subsection (3), a person shall not deliver for disposal, in a landfill or incinerator in this state, municipal solid waste, including, but not limited to, municipal solid waste incinerator ash, that was generated outside of the United States.

(2) Subject to subsection (3), the owner or operator of a landfill or incinerator in this state shall not accept for disposal municipal solid waste, including, but not limited to, municipal solid waste incinerator ash, that was generated outside of the United States.

(3) Subsections (1) and (2) apply notwithstanding any other provision of this part. However, subsections (1) and (2) do not apply unless congress enacts legislation under clause 3 of section 8 of article I of the constitution of the UnitedStates authorizing such prohibitions. Subsections (1) and (2) do not apply until 90 days after the effective date of such federal legislation or 90 days after the effective date of the amendatory act that added this section, whichever is later.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor