HB-4485, As Passed House, May 3, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4485

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11502, 11503, 11504, 11505, 11506, 11512,

11514, 11516, 11527a, 11529, and 11541 (MCL 324.11502, 324.11503,

324.11504, 324.11505, 324.11506, 324.11512, 324.11514, 324.11516,

324.11527a, 324.11529, and 324.11541), section 11502 as amended by

2004 PA 35, sections 11503 and 11506 as amended by 1998 PA 466,

section 11504 as amended by 1996 PA 359, sections 11512 and 11516

as amended by 2004 PA 325, section 11514 as amended by 2005 PA 243,

section 11527a as added by 2004 PA 42, and sections 11529 and 11541

as amended by 1996 PA 358, and by adding section 11515a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11502. (1) "Agreement" means a duly executed contract.

     (2) (1) "Applicant" includes any person.

(3) (2) "Ashes" means the residue from the burning of wood,

coal, coke, refuse, wastewater sludge, or other combustible

materials.

(4) (3) "Beverage container" means an airtight metal, glass,

paper, or plastic container, or a container composed of a

combination of these materials, which, at the time of sale,

contains 1 gallon or less of any of the following:

     (a) A soft drink, soda water, carbonated natural or mineral

water, or other nonalcoholic carbonated drink.

     (b) A beer, ale, or other malt drink of whatever alcoholic

content.

     (c) A mixed wine drink or a mixed spirit drink.

(5) (4) "Bond" means a financial instrument executed on a form

approved by the department, including a surety bond from a surety

company authorized to transact business in this state, a

certificate of deposit, a cash bond, an irrevocable letter of

credit, insurance, a trust fund, an escrow account, or a

combination of any of these instruments, in favor of the

department. The owner or operator of a disposal area who is

required to establish a bond under other another state statute or a

federal statute may petition the department to allow such a bond to

meet the requirements of this part. The department shall approve a

bond established under other another state statute or a federal

statute if the bond provides equivalent funds and access by the

department as other financial instruments allowed by this

subsection.

     (6) "Captive facility" means a landfill that accepts for

disposal only nonhazardous industrial waste generated by the owner

of the landfill or a nonhazardous industrial waste landfill that is

described in section 11525(3).

(7) (5) "Certificate of deposit" means a negotiable

certificate of deposit held by a bank or other financial

institution regulated and examined by a state or federal agency,

the value of which is fully insured by an agency of the United

States government. A certificate of deposit used to fulfill the

requirements of this part shall be in the sole name of the

department with a maturity date of not less than 1 year and shall

be renewed not less than 60 days before the maturity date. An

applicant who uses a certificate of deposit as a bond shall receive

any accrued interest on that certificate of deposit upon release of

the bond by the department.

(8) (6) "Certified health department" means a city, county, or

district department of health that is specifically delegated

authority by the department to perform designated activities as

prescribed by this part.

(9) (7) "Coal or wood ash" means either or both of the

following:

     (a) The residue remaining after the ignition of coal or wood,

or both, and which may include noncombustible materials, otherwise

referred to as bottom ash.

     (b) The airborne residues from burning coal or wood, or both,

that are finely divided particles entrained in flue gases arising

from a combustion chamber, otherwise referred to as fly ash.

(10) (8) "Collection center" means a tract of land, building,

unit, or appurtenance or a combination thereof that is used to

collect junk motor vehicles and farm implements under section

11530.

(11) (9) "Consistency review" means evaluation of the

administrative and technical components of an application for a

permit , or license , or for of operating conditions in the course

of inspection, for the purpose of determining consistency with the

requirements of this part, rules promulgated under this part, and

approved engineering plans and specifications, the applicable solid

waste management plan, and any applicable administrative or court

orders entered under this part.

(12) (10) "Corrective action" means the investigation,

assessment, cleanup, removal, containment, isolation, treatment, or

monitoring of constituents, as defined in a facility's approved

hydrogeological monitoring plan, released into the environment from

a disposal area, or the taking of other actions related to the

release as may be necessary to prevent, minimize, or mitigate

injury to the public health, safety, or welfare, the environment,

or natural resources that is consistent with subtitle D of the

solid waste disposal act, title II of Public Law 89-272, 42 U.S.C.

6941 and 6942 42 USC 6941 to 6949a or regulations promulgated

pursuant to that act thereunder.

     Sec. 11503. (1) "De minimis" refers to a small amount of

material or number of items, as applicable, commingled and

incidentally disposed of with other solid waste.

     (2) (1) "Department" means the department of environmental

quality.

     (3) "Designated planning agency" means an agency, other than

the department, responsible for preparing a solid waste management

plan under section 11533.

(4) (2) "Director" means the director of the department.

(5) (3) "Discharge" includes, but is not limited to, any

spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing

of a substance into the environment which is or may become

injurious to the public health, safety, or welfare, or to the

environment.

(6) (4) "Disposal area" means 1 or more of the following at a

location as defined by the boundary identified in its construction

permit or engineering plans approved by the department:

     (a) A solid waste transfer facility.

     (b) Incinerator.

     (c) Sanitary landfill.

     (d) Processing plant.

     (e) Other solid waste handling or disposal facility utilized

in the disposal of solid waste.

(7) (5) "Enforceable mechanism" means a legal method whereby

the state, a county, a municipality, or a another person is

authorized to take action to guarantee compliance with an approved

county solid waste management plan. Enforceable mechanisms include

contracts, intergovernmental agreements, laws, ordinances, rules,

and regulations.

(8) (6) "Escrow account" means an account managed by a bank or

other financial institution whose account operations are regulated

and examined by a federal or state agency and which complies with

section 11523b.

     (9) "Excess landfill disposal capacity" means a measure in

years and cubic yards of any landfill disposal capacity in a county

beyond the 10 years of capacity that are required to be shown in

the county solid waste management plan excluding guaranteed

landfill disposal capacity allocated to outside counties.

(10) (7) "Financial assurance" means the mechanisms used to

demonstrate that the funds necessary to meet the cost of closure,

postclosure maintenance and monitoring, and corrective action will

be available whenever they are needed.

(11) (8) "Financial test" means a corporate or local

government financial test or guarantee approved for type II

landfills under subtitle D of the solid waste disposal act, title

II of Public Law 89-272, 42 U.S.C. 6941 and 6942 42 USC 6941 to

6949a. An owner or operator may use a single financial test for

more than 1 facility. Information submitted to the department to

document compliance with the test shall include a list showing the

name and address of each facility and the amount of funds assured

by the test for each facility. For purposes of the financial test,

the owner or operator shall aggregate the sum of the closure,

postclosure, and corrective action costs it seeks to assure with

any other environmental obligations assured by a financial test

under state or federal law.

(12) (9) "Food processing residuals" means any of the

following:

     (a) Residuals of fruits, vegetables, aquatic plants, or field

crops.

     (b) Otherwise unusable parts of fruits, vegetables, aquatic

plants, or field crops from the processing thereof.

     (c) Otherwise unusable food products which do not meet size,

quality, or other product specifications and which were intended

for human or animal consumption.

(13) (10) "Garbage" means rejected food wastes including waste

accumulation of animal, fruit, or vegetable matter used or intended

for food or that attends results from the preparation, use,

cooking, dealing in, or storing of meat, fish, fowl, fruit, or

vegetable matter.

     (11) "Scrap wood" means wood or wood product that is 1 or more

of the following:

     (a) Plywood, pressed board, oriented strand board, or any

other wood or wood product mixed with glue or filler.

     (b) Wood or wood product treated with creosote or

pentachlorophenol.

     (c) Any other wood or wood product designated as scrap wood in

rules promulgated by the department.

     (12) "Treated wood" means wood or wood product that has been

treated with 1 or more of the following:

     (a) Chromated copper arsenate (CCA).

     (b) Ammoniacal copper quat (ACQ).

     (c) Ammoniacal copper zinc arsenate (ACZA).

     (d) Any other chemical designated in rules promulgated by the

department.

     (13) "Wood" means trees, branches, bark, lumber, pallets, wood

chips, sawdust, or other wood or wood product but does not include

scrap wood, treated wood, painted wood or painted wood product, or

any wood or wood product that has been contaminated during

manufacture or use.

     (14) "Guaranteed landfill disposal capacity" means the amount

of landfill disposal capacity at specific landfills allocated to a

county, as assured through enforceable mechanisms.

     Sec. 11504. (1) "Health officer" means a full-time

administrative officer of a certified city, county, or district

department of health.

     (2) "Inert material" means a substance that will not

decompose, dissolve, or in any other way form a contaminated

leachate upon contact with water, or other liquids determined by

the department as likely to be found at the disposal area,

percolating through the substance.

     (3) "Insurance" means insurance that conforms to the

requirements of 40 C.F.R. CFR 258.74(d) provided by an insurer who

has a certificate of authority from the Michigan commissioner of

insurance to sell this line of coverage. An applicant for an

operating license shall submit evidence of the required coverage by

submitting both of the following to the department:

     (a) A certificate of insurance that uses wording approved by

the department.

     (b) A certified true and complete copy of the insurance

policy.

     (4) "Intergovernmental agreement" means an agreement between 2

or more governments or levels of government.

(5) (4) "Landfill" means a disposal area that is a sanitary

landfill.

     (6) "Landfill disposal capacity" means the volume, in cubic

yards, of solid waste that can be disposed at a landfill or

landfills, as applicable, calculated using the constructed capacity

minus waste in place, plus the capacity of areas permitted for

construction but not yet constructed.

(7) (5) "Letter of credit" means an irrevocable letter of

credit that complies with 40 C.F.R. CFR 258.74(c).

(8) (6) "Medical waste" means that term as it is defined in

part 138 section 13805 of the public health code, Act No. 378 of

the Public Acts of 1978, being sections 333.13801 to 333.13831 of

the Michigan Compiled Laws 1978 PA 368, MCL 333.13805.

(9) (7) "Municipal solid waste incinerator" means an

incinerator that is owned or operated by any person, and meets all

of the following requirements:

     (a) The incinerator receives solid waste from off site and

burns only household waste from single and multiple dwellings,

hotels, motels, and other residential sources, or this household

waste together with solid waste from commercial, institutional,

municipal, county, or industrial sources that, if disposed of,

would not be required to be placed in a disposal facility licensed

under part 111.

     (b) The incinerator has established contractual requirements

or other notification or inspection procedures sufficient to assure

ensure that the incinerator receives and burns only waste referred

to in subdivision (a).

     (c) The incinerator meets the requirements of this part and

the rules promulgated under this part.

     (d) The incinerator is not an industrial furnace as defined in

40 C.F.R. CFR 260.10.

     (e) The incinerator is not an incinerator that receives and

burns only medical waste or only waste produced at 1 or more

hospitals.

(10) (8) "Municipal solid waste incinerator ash" means the

substances remaining after combustion in a municipal solid waste

incinerator.

(11) (9) "Perpetual care fund" means a perpetual care fund

provided for in section 11525.

     (10) "Trust fund" means a trust fund held by a trustee which

has the authority to act as a trustee and whose trust operations

are regulated and examined by a federal or state agency. A trust

fund shall comply with section 11523b.

     (12) "Planning committee" means a planning committee provided

for under section 11534(1).

     (13) "Planning entity" means a designated planning agency or

the department, whichever is responsible for preparing a solid

waste management plan under section 11533.

     Sec. 11505. (1) "Recyclable materials" means source separated

materials, site separated materials, high grade paper, glass,

metal, plastic, aluminum, newspaper, corrugated paper, yard

clippings, and other materials that may be recycled or composted.

     (2) "Regional solid waste management planning agency" means

the regional solid waste planning agency designated by the governor

pursuant to section 4006 of subtitle D of the solid waste disposal

act, title II of Public Law 89-272, 42 U.S.C. 42 USC 6946.

     (3) "Remaining landfill disposal capacity" means the number of

years of disposal capacity remaining at a landfill calculated by

dividing the landfill disposal capacity by the average of the

amount of waste received for each of the 3 prior years as reported

under section 11507a, or for a landfill that has not been in

operation for at least 3 years, by dividing the landfill disposal

capacity by an annualized estimate of the amount of waste received

since the landfill has been in operation.

(4) (3) "Resource recovery facility" means machinery,

equipment, structures, or any parts or accessories of machinery,

equipment, or structures, installed or acquired for the primary

purpose of recovering materials or energy from the waste stream.

(5) (4) "Response activity" means an activity that is

necessary to protect the public health, safety, welfare, or the

environment, and includes, but is not limited to, evaluation,

cleanup, removal, containment, isolation, treatment, monitoring,

maintenance, replacement of water supplies, and temporary

relocation of people.

(6) (5) "Rubbish" means nonputrescible solid waste, excluding

ashes, consisting of both combustible and noncombustible waste,

including paper, cardboard, metal containers, yard clippings, wood,

glass, bedding, crockery, demolished building materials, or litter

of any kind that may be a detriment to the public health and

safety.

(7) (6) "Salvaging" means the lawful and controlled removal of

reusable materials from solid waste.

     (8) "Scrap wood" means wood or wood product that is 1 or more

of the following:

     (a) Plywood, pressed board, oriented strand board, or any

other wood or wood product mixed with glue or filler.

     (b) Wood or wood product treated with creosote or

pentachlorophenol.

     (c) Any other wood or wood product designated as scrap wood in

rules promulgated by the department.

(9) (7) "Site separated material" means glass, metal, wood,

paper products, plastics, rubber, textiles, garbage, yard

clippings, or any other material approved by the department that is

separated from solid waste for the purpose of conversion into raw

materials or new products. Site separated material does not include

the residue remaining after glass, metal, wood, paper products,

plastics, rubber, textiles, or any other material approved by the

department is separated from solid waste.

(10) (8) "Slag" means the nonmetallic product resulting from

melting or smelting operations for iron or steel.

     Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,

incinerator ash, incinerator residue, street cleanings, municipal

and industrial sludges, solid commercial and solid industrial

waste, and animal waste other than organic waste generated in the

production of livestock and poultry. Solid waste does not include

the following:

     (a) Human body waste.

     (b) Medical waste. as it is defined in part 138 of the public

health code, 1978 PA 368, MCL 333.13801 to 333.13831, and regulated

under that part and part 55.

     (c) Organic waste generated in the production of livestock and

poultry.

     (d) Liquid waste.

     (e) Ferrous or nonferrous scrap directed to a scrap metal

processor or to a reuser of ferrous or nonferrous products.

     (f) Slag or slag products directed to a slag processor or to a

reuser of slag or slag products.

     (g) Sludges and ashes managed as recycled, or nondetrimental

materials appropriate for agricultural or silvicultural use

pursuant to a plan approved by the department. Food processing

residuals, ; wood ashes resulting solely from a source that burns

only wood that is untreated and inert, ; lime from kraft pulping

processes generated prior to bleaching, ; or aquatic plants may be

applied on, or composted and applied on, farmland or forestland for

an agricultural or silvicultural purpose, or used as animal feed,

as appropriate, and such an application or use does not require a

plan described in this subdivision or a permit or license under

this part. In addition, source separated materials approved by the

department for land application for agricultural and silvicultural

purposes and compost produced from those materials may be applied

to the land for agricultural and silvicultural purposes, and such

an application does not require a plan described in this

subdivision or permit or license under this part. Land application

authorized under this subdivision for an agricultural or

silvicultural purpose, or use as animal feed , as provided for in

this subdivision, shall occur in a manner that prevents losses from

runoff and leaching. , and if applied to land, the land Land

application shall be at an agronomic rate consistent with generally

accepted agricultural and management practices under the Michigan

right to farm act, 1981 PA 93, MCL 286.471 to 286.474.

     (h) Materials approved for emergency disposal by the

department.

     (i) Source separated materials.

     (j) Site separated material.

     (k) Fly ash or any other ash produced from the combustion of

coal, when used in the following instances:

     (i) With a maximum of 6% of unburned carbon, if used as a

component of concrete, grout, mortar, or casting molds.

     (ii) With a maximum of 12% unburned carbon passing M.D.O.T.

test method MTM 101, when if used as a raw material in asphalt for

road construction.

     (iii) As aggregate, road, or building material which that in

ultimate use will be stabilized or bonded by cement, limes, or

asphalt.

     (iv) As a road base or construction fill that is covered with

asphalt, concrete, or other material approved by the department and

which that is placed at least 4 feet above the seasonal groundwater

table.

     (v) As the sole material in a depository designed to reclaim,

develop, or otherwise enhance land, subject to the approval of the

department. In evaluating the site, the department shall consider

the physical and chemical properties of the ash, including, but not

limited to, leachability, and the engineering of the depository,

including, but not limited to, the compaction, control of surface

water and groundwater that may threaten to infiltrate the site, and

evidence that the depository is designed to prevent water

percolation through the material.

     (l) Other wastes regulated by statute.

     (2) "Solid waste diversion" means any of the following:

     (a) The recovery of resources from solid waste through reuse,

recycling, or composting.

     (b) Resource conservation measures that reduce the amount of

solid waste generated.

(3) (2) "Solid waste hauler" means a person who owns or

operates a solid waste transporting unit.

     (4) "Solid waste management plan" or "plan" means a plan

prepared, approved, and updated as provided in sections 11533 to

11539, including any amendments to that plan.

(5) (3) "Solid waste processing plant" means a tract of land,

building, unit, or appurtenance of a building or unit or a

combination of land, buildings, and units that is used or intended

for use for the processing of solid waste or the separation of

material for salvage or disposal, or both, but does not include a

plant engaged primarily in the acquisition, processing, and

shipment of ferrous or nonferrous metal scrap, or a plant engaged

primarily in the acquisition, processing, and shipment of slag or

slag products.

(6) (4) "Solid waste transporting unit" means a container,

that which may be an integral part of a truck or other piece of

equipment, used for the transportation of solid waste.

(7) (5) "Solid waste transfer facility" means a tract of land,

a building and any appurtenances, or a container, or any

combination of land, buildings, or containers that is used or

intended for use in the rehandling or storage of solid waste

incidental to the transportation of the solid waste, but is not

located at the site of generation or the site of disposal of the

solid waste.

(8) (6) "Source separated material" means glass, metal, wood,

paper products, plastics, rubber, textiles, garbage, yard

clippings, or any other material approved by the department that is

separated at the source of generation for the purpose of conversion

into raw materials or new products including, but not limited to,

compost.

     (9) "Total landfill planning capacity" means the volume, in

cubic yards, of solid waste that can be disposed of at a landfill

calculated by adding the constructed capacity, the capacity of

areas permitted for construction but not yet constructed, and

capacity proposed to be permitted in the future.

     (10) "Treated wood" means wood or wood product that has been

treated with 1 or more of the following:

     (a) Chromated copper arsenate (CCA).

     (b) Ammoniacal copper quat (ACQ).

     (c) Ammoniacal copper zinc arsenate (ACZA).

     (d) Any other chemical designated in rules promulgated by the

department.

     (11) "Trust fund" means a trust fund held by a trustee that

has the authority to act as a trustee and whose trust operations

are regulated and examined by a federal or state agency. A trust

fund shall comply with section 11523b.

     (12) "Wood" means trees, branches, bark, lumber, pallets, wood

chips, sawdust, or other wood or wood product but does not include

scrap wood, treated wood, painted wood or painted wood product, or

any wood or wood product that has been contaminated during

manufacture or use.

(13) (7) "Yard clippings" means leaves, grass clippings,

vegetable or other garden debris, shrubbery, or brush or tree

trimmings, less than 4 feet in length and 2 inches in diameter,

that can be converted to compost humus. Yard clippings do not

include stumps, agricultural wastes, animal waste, roots, sewage

sludge, or garbage.

     Sec. 11512. (1) A person shall dispose of solid waste at a

disposal area licensed under this part unless a the person is

permitted by state law or rules promulgated by the department to

dispose of the solid waste at the site of generation.

     (2) Except as otherwise provided in this section or in section

11529, a person shall not conduct, manage, maintain, or operate a

disposal area within this state except as authorized by an

operating license issued by the department pursuant to part 13. In

addition, a person shall not conduct, manage, maintain, or operate

a disposal area contrary to an approved solid waste management

plan, or contrary to a permit, license, or final order issued under

this part. A person who intends to conduct, manage, maintain, or

operate a disposal area shall submit a license application to the

department through a certified health department. If the disposal

area is located in a county or city that does not have a certified

health department, the application shall be made submitted directly

to the department. A person authorized by this part to operate more

than 1 type of disposal area at the same facility may apply for a

single license.

     (3) The application for a license shall contain the name and

residence of the applicant, the location of the proposed or

existing disposal area, the type or types of disposal area

proposed, evidence of bonding, and other information required by

rule. In addition, an applicant for a type II landfill shall submit

evidence of financial assurance adequate to meet the requirements

of section 11523a, the maximum waste slope in the active portion,

an estimate of remaining permitted landfill disposal capacity, and

documentation on the amount of waste received at the disposal area

during the term of the previous license period or expected to be

received during the term of the license for which the application

is being filed, whichever is greater. The application shall be

accompanied by a fee as specified in subsections (7) , (9), and to

(10).

     (4) At the time of application When applying for a license for

a disposal area, the applicant shall submit to a health officer or

the department a certification under the seal of a licensed

professional engineer verifying that the construction of the

disposal area has proceeded according to the approved plans. If

construction of the disposal area or a portion of the disposal area

is not complete, the department shall require additional

construction certification of that portion of the disposal area

during intermediate progression of the operation, as specified in

section 11516(5) 11516(4).

     (5) An applicant for an operating license, within 6 months

after a license denial, may resubmit the application, together with

additional information or corrections as are necessary to address

the reason for denial, without being required to pay an additional

application fee.

     (6) In order to conduct tests and assess operational

capabilities, the owner or operator of a municipal solid waste

incinerator that is designed to burn at a temperature in excess of

2500 degrees Fahrenheit may operate the incinerator without an

operating license, upon notice to the department, for a period not

to exceed 60 days.

     (7) The application for a type II landfill operating license

shall be accompanied by the following fee for the 5-year term of

the operating license, calculated in accordance with subject to

subsection (8):

     (a) Landfills receiving less than 100 tons per day, $250.00.

     (b) Landfills receiving 100 tons per day or more, but less

than 250 tons per day, $1,000.00.

     (c) Landfills receiving 250 tons per day or more, but less

than 500 tons per day, $2,500.00.

     (d) Landfills receiving 500 tons per day or more, but less

than 1,000 tons per day, $5,000.00.

     (e) Landfills receiving 1,000 tons per day or more, but less

than 1,500 tons per day, $10,000.00.

     (f) Landfills receiving 1,500 tons per day or more, but less

than 3,000 tons per day, $20,000.00.

     (g) Landfills receiving greater than 3,000 tons per day,

$30,000.00.

     (8) Type II landfill application fees shall be based on the

average amount of waste projected to be received daily during the

license period. Application fees for license renewals shall be

based on the average amount of waste received in the previous

calendar year. Application fees shall be adjusted in the following

circumstances:

     (a) If a landfill accepts more waste than projected than the

amount of waste on which the fee was based, a supplemental fee

equal to the difference shall be submitted with the next license

application.

     (b) If a landfill accepts less waste than projected than the

amount of waste on which the fee was based, the department shall

credit the applicant an amount equal to the difference with the

next license application.

     (c) A type II landfill that measures waste by volume rather

than weight shall pay a fee based on 3 cubic yards per ton.

     (d) A landfill used exclusively for municipal solid waste

incinerator ash that measures waste by volume rather than weight

shall pay a fee based on 1 cubic yard per ton.

     (e) If an application is submitted to renew a license more

than 1 year prior to license expiration, the department shall

credit the applicant an amount equal to 1/2 the application fee.

     (f) If an application is submitted to renew a license more

than 6 months but less than 1 year prior to license expiration, the

department shall credit the applicant an amount equal to 1/4 the

application fee.

     (9) The operating license application for a type III landfill

shall be accompanied by a fee equal to of $2,500.00.

     (10) The operating license application for a solid waste

processing plant, solid waste transfer facility, other disposal

area, or combination of these entities shall be accompanied by a

fee equal to of $500.00.

     (11) The department shall deposit operating license

application fees collected under this section in the perpetual care

account of the solid waste management fund established in section

11550.

     (12) A person who applies for an operating license for more

than 1 type of disposal area at the same facility shall pay a fee

equal to the sum of the applicable application fees listed in this

section.

     Sec. 11514. (1) Optimizing recycling opportunities and the

reuse of materials shall be a principal objective of the state's

solid waste management plan. Recycling and reuse of materials are

in the best interest of promoting the public health and welfare.

The state shall develop policies and practices that promote

recycling and reuse of materials and, to the extent practical,

minimize the use of landfilling as a method for disposal of its

waste.

     (2) A person shall not knowingly deliver to a landfill or

municipal solid waste incinerator for disposal, or, if the person

is an owner or operator of a landfill or municipal solid waste

incinerator, knowingly permit disposal in the landfill or municipal

solid waste incinerator of, any of the following:

     (a) Medical waste, unless that medical waste has been

decontaminated or is not required to be decontaminated but is

packaged in the manner required under part 138 of the public health

code, 1978 PA 368, MCL 333.13801 to 333.13831.

     (b) More than a de minimis amount of open, empty, or otherwise

used beverage containers.

     (c) More than a de minimis number of whole motor vehicle

tires.

     (d) More than a de minimis amount of yard clippings, unless

they are diseased or infested.

     (3) A person shall not deliver to a landfill or municipal

solid waste incinerator for disposal, or, if the person is an owner

or operator of a landfill or municipal solid waste incinerator,

permit disposal in the landfill or municipal solid waste

incinerator of, any of the following:

     (a) Used oil as defined in section 16701.

     (b) A lead acid battery as defined in section 17101.

     (c) Low-level radioactive waste as defined in section 2 of the

low-level radioactive waste authority act, 1987 PA 204, MCL

333.26202.

     (d) Regulated hazardous waste as defined in R 299.4104 of the

Michigan administrative code.

     (e) Bulk or noncontainerized liquid waste or waste that

contains free liquids, unless the waste is 1 of the following:

     (i) Household waste other than septage waste.

     (ii) Leachate or gas condensate that is approved for

recirculation.

     (iii) Septage waste or other liquids approved for beneficial

addition under section 11511b.

     (f) Sewage.

     (g) PCBs as defined in 40 CFR 761.3.

     (h) Asbestos waste, unless the landfill complies with 40 CFR

61.154.

     (4) A person shall not knowingly deliver to a municipal solid

waste incinerator for disposal, or, if the person is an owner or

operator of a municipal solid waste incinerator, knowingly permit

disposal in the incinerator of, more than a de minimis amount of

yard clippings, unless they are diseased or infested. The

department shall post, and a solid waste hauler that disposes of

solid waste in a municipal solid waste incinerator shall provide

its customers with, notice of the prohibitions of this subsection

in the same manner as provided in section 11527a.

(4) (5) If the department determines that a safe, sanitary,

and feasible alternative does not exist for the disposal in a

landfill or municipal solid waste incinerator of any items

described in subsection (2), or (4), respectively, the department

shall submit a report setting forth that determination and the

basis for the determination to the standing committees of the

senate and house of representatives with primary responsibility for

solid waste issues.

     (6) As used in this section, "de minimis" means incidental

disposal of small amounts of these materials that are commingled

with other solid waste.

     Sec. 11515a. The department or a health officer or authorized

representative of a health officer may enter at any reasonable time

in or upon private or public property required to be licensed under

this part, public or private property or a facility exempt from the

construction permit and operating license requirements of this part

pursuant to section 11529, or any other facility regulated under

this part, for the purpose of inspecting or investigating

conditions relating to the storage, transfer, processing, or

disposal of solid waste.

     Sec. 11516. (1) The department shall conduct a consistency

review before making a final decision on a license application. The

department shall notify the clerk of the municipality in which the

disposal area is located and the applicant of its approval or

denial of a license application within 10 days after the final

decision is made.

     (2) An operating license shall expire 5 years after the date

of issuance. An operating license may be renewed before expiration

upon payment of a renewal application fee specified in section

11512(8) 11512 if the licensee is in compliance with this part and

the rules promulgated under this part.

     (3) The issuance of the operating license under this part

empowers the department or a health officer or an authorized

representative of a health officer to enter at any reasonable time,

pursuant to law, in or upon private or public property licensed

under this part for the purpose of inspecting or investigating

conditions relating to the storage, processing, or disposal of any

material.

(3) (4) Except as otherwise provided in this subsection, the

department shall not issue an operating license for a new disposal

area within a planning area unless a solid waste management plan

for that planning area has been approved pursuant to sections 11536

and 11537 and unless the disposal area complies with and is

consistent with the approved solid waste management plan. The

department may issue an operating license for a disposal area

designed to receive ashes produced in connection with the

combustion of fossil fuels for electrical power generation in the

absence of an approved county solid waste management plan, upon

receipt of a letter of approval from whichever county or counties,

group of municipalities, or regional planning agency has prepared

or is preparing the county solid waste management plan for that

planning area under section 11533 and from the municipality in

which the disposal area is to be located.

(4) (5) Issuance of an operating license by the department

authorizes the licensee to accept waste for disposal in certified

portions of the disposal area for which a bond was established

under section 11523 and, for type II landfills, for which financial

assurance was demonstrated under section 11523a. If the

construction of a portion of a landfill licensed under this section

is not complete at the time of license application, the owner or

operator of the landfill shall submit a certification under the

seal of a licensed professional engineer verifying that the

construction of that portion of the landfill has proceeded

according to the approved plans at least 60 days prior to the

anticipated date of waste disposal in that portion of the landfill.

If the department does not deny the certification within 60 days of

receipt, the owner or operator may accept waste for disposal in the

certified portion. In the case of a denial If the department denies

the certification, the department shall issue a written statement

stating the reasons why the construction or certification is not

consistent with this part or rules promulgated under this part or

the approved plans.

     Sec. 11527a. (1) The department shall post on its website a

list of materials prohibited from disposal in a landfill or

municipal solid waste incinerator under section 11514 and

appropriate disposal options for those materials.

     (2) A solid waste hauler that disposes of solid waste in a

landfill or municipal solid waste incinerator shall annually notify

each of its customers of each of the following:

     (a) The materials that are prohibited from disposal in a

landfill or municipal solid waste incinerator under section 11514.

     (b) The appropriate disposal options for those materials as

described on the department's website.

     (c) The department's website address where the disposal

options are described.

     Sec. 11529. (1) A disposal area that is a solid waste transfer

facility that is constructed on or after the effective date of the

2007 amendatory act that amended this section is not subject to the

House Bill No. 4485 (H-2) as amended May 3, 2007

construction permit and operating license requirements of this

part, and a solid waste transfer facility that was constructed

before the effective date of the 2007 amendatory act that amended

this section is not subject to the [operating license] requirements

of this part, if either both of the following circumstances exists

apply:

     (a) The solid waste transfer facility is not designed to

accept wastes from vehicles with mechanical compaction devices.

     (b) The solid waste transfer facility accepts less than 200

uncompacted cubic yards per day.

     (2) A solid waste transfer facility that is exempt from the

construction permit and operating license requirements of this part

under subsection (1) shall comply with the operating requirements

of this part and the rules promulgated under this part and be

consistent with the solid waste management plan for the county

where the solid waste transfer facility is located.

     (3) If a solid waste transfer facility was constructed before

the effective date of the 2007 amendatory act that amended this

section and, pursuant to subsection (1), is subject to the

operating license requirements of this part, the solid waste

transfer facility shall obtain an operating license by January 1,

2008. To qualify for an operating license, the solid waste transfer

facility shall meet the requirements of this part and rules

promulgated under this part and be consistent with the solid waste

management plan for the county where the solid waste transfer

facility is located.

(4) (3) Except as provided in subsection (5) (6), a disposal

area that is an incinerator may, but is not required to, comply

with the construction permit and operating license requirements of

this part if both of the following conditions are met apply:

     (a) The operation of the incinerator does not result in the

exposure of any solid waste to the atmosphere and the elements.

     (b) The incinerator has a permit issued under part 55.

(5) (4) A disposal area that is an incinerator that, pursuant

to subsection (4), does not comply with the construction permit and

operating license requirements of this part as permitted in

subsection (3) is subject to the planning provisions of this part

and must be included in the county solid waste management plan for

the county in which the incinerator is located.

(6) (5) A disposal area that is a municipal solid waste

incinerator that is designed to burn at a temperature in excess of

2500 degrees Fahrenheit is not subject to the construction permit

requirements of this part.

     Sec. 11541. (1) The state solid waste management plan shall

consist of the state solid waste plan policy and all county plans

approved or prepared by the department.

     (2) The department shall consult and assist in the preparation

and implementation of the county solid waste management plans.

     (3) The department may undertake or contract for studies or

reports necessary or useful in the preparation of the state solid

waste management plan.

     (4) The department shall promote policies that encourage

resource recovery. and establishment of waste-to-energy facilities.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4486 of the 94th Legislature is enacted into

law.