March 20, 2007, Introduced by Reps. Meadows, Hammon, Hammel, Coulouris, Alma Smith, Robert Jones, Ebli, Valentine, Condino, Donigan and Young and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11502, 11503, 11504, 11505, 11506, 11512,
11514, 11527a, 11529, and 11541 (MCL 324.11502, 324.11503,
324.11504, 324.11505, 324.11506, 324.11512, 324.11514, 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, section 11512 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 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 of any landfill disposal capacity in a county beyond the 10
years 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 locally authorized or
negotiated means, such as annual disposal caps and written
agreements between the county and a landfill.
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 boundary" means the perimeter of the solid
waste deposited or to be deposited in a landfill as specified in
the construction permit. If the perimeter is not specified in the
construction permit for the landfill, solid waste boundary means
the outermost perimeter, on the horizontal plane, of the solid
waste at a landfill as it exists at completion of lawful disposal
activity.
(3) "Solid waste diversion" means any of the following:
(a) The treatment, processing, composting, or recycling of
solid waste.
(b) The recovery of resources from solid waste.
(c) Resource conservation measures that reduce the amount of
solid waste generated.
(4) (2)
"Solid waste hauler" means a person who owns or
operates a solid waste transporting unit.
(5) "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.
(6) (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.
(7) (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.
(8) (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.
(9) (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.
(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).
(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. 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 is not subject to the construction permit and 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) Except as provided in subsection (5), 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.
(4) A disposal area that is an incinerator that, pursuant to
subsection (3), 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.
(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 Senate Bill No.____ or House Bill No. 4486(request no.
01046'07 *) of the 94th Legislature is enacted into law.