February 19, 2009, Introduced by Reps. Warren, Scripps, Byrnes, Roberts, Robert Jones, Dean and Switalski 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 11503, 11506, 11507a, 11521, 11539, 11541, and
11547 (MCL 324.11503, 324.11506, 324.11507a, 324.11521, 324.11539,
324.11541, and 324.11547), sections 11503 and 11506 as amended and
section 11521 as added by 2007 PA 212, section 11507a as amended by
2004 PA 39, section 11541 as amended by 1996 PA 358, and section
11547 as amended by 1998 PA 466.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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) "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) (3)
"Director" means the
director of the department.
(5) (4)
"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 that is or may become
injurious
to the public health, safety, or welfare , or to the
environment.
(6) (5)
"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 An incinerator.
(c)
Sanitary A sanitary landfill.
(d)
Processing A processing plant.
(e)
Other Another solid waste handling or disposal facility
utilized in the disposal of solid waste.
(7) (6)
"Enforceable mechanism"
means a legal method whereby
the state, a county, a municipality, or 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) (7)
"Escrow account" means an
account that is managed by a
bank or other financial institution whose account operations are
regulated
and examined by a federal or state agency and which that
complies with section 11523b.
(9) (8)
"Farm" means that term as
defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(10) (9)
"Farm operation" means
that term as defined in
section 2 of the Michigan right to farm act, 1981 PA 93, MCL
286.472.
(11) (10)
"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.
(12) (11)
"Financial test" means a
corporate or local
government financial test or guarantee approved for type II
landfills under 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.
(13) (12)
"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 that do not meet
size,
quality, or other product specifications and which that were
intended for human or animal consumption.
(14) (13)
"Garbage" means rejected
food wastes including waste
accumulation of animal, fruit, or vegetable matter used or intended
for food or that results from the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit, or vegetable
matter.
(15) (14)
"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.
(16) (15)
"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.
(17) (16)
"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.
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. However, 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 be performed in a manner that prevents losses
from runoff and leaching. Land application under this subdivision
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 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
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
11539a, 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, 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) (7)
"Type I public water
supply", "type IIa public water
supply", "type IIb public water supply", and "type III public water
supply" mean those terms, respectively, as described in R 325.10502
of the Michigan administrative code.
(10) (8)
"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. 11507a. (1) The owner or operator of a landfill shall
annually submit a report to the state and to the county and
municipality
in which the landfill is located. that contains The
report shall contain information on the amount of solid waste
received by the landfill during the year itemized, to the extent
possible, by county, state, or country of origin and the amount of
remaining disposal capacity at the landfill. Remaining disposal
capacity shall be calculated as the permitted capacity less waste
in place for any area that has been constructed and is not yet
closed plus the permitted capacity for each area that has a permit
for construction under this part but has not yet been constructed.
The report shall be submitted on a form provided by the department
within
45 30 days following the end of each state fiscal year.
(2) By January 31 of each year, the department shall submit to
the legislature a report summarizing the information obtained under
subsection (1).
(3) By October 31 of each year, a person who directly acquires
recyclable materials from a person who has collected those
materials through a curbside recycling program or a community or
areawide drop-off recycling program, from a processing facility
that has separated those materials from solid waste, or from a
commercial or industrial source shall submit a report to the county
in which the person directly acquired those recyclable materials.
If the person otherwise required to file the report is located
outside of this state, the person from whom the recyclable
materials were directly acquired shall submit the report. The
report shall set forth the amount, if known, or an estimate of the
amount of each type of recyclable material directly acquired during
the previous state fiscal year, by county, state, or country of
origin, along with the name and location of the facility or
facilities to which these materials are being sent. A report under
this subsection shall be submitted on a form to be provided by the
department.
(4) By February 28 of each year, each county shall submit to
the department, on a form and in a manner provided by the
department, a report setting forth a summary of the recycling
information submitted to the county under subsection (3). Each
county shall evaluate the recycling data it receives to ensure that
materials are not counted more than once. A county that fails to
submit a complete report to the department as provided in this
subsection does not qualify for a distribution under section
11532d(1)(a)(i) or (g) or section 11532e(3)(a) until a complete
report is submitted.
Sec. 11521. (1) Yard clippings shall be managed by 1 of the
following means:
(a)
Composted Composting on the property where the yard
clippings are generated.
(b)
Temporarily accumulated Temporary
accumulation under
subsection (2).
(c)
Composted Composting at a composting facility containing
not more than 200 cubic yards of yard clippings if decomposition
occurs without creating a nuisance.
(d)
Composted Composting on a farm as described by subsection
(3).
(e)
Composted Composting at site that qualifies as a
registered composting facility under subsection (4).
(f)
Decomposed Decomposition in a controlled manner using a
closed container to create and maintain anaerobic conditions if in
compliance with part 55 and otherwise approved by the director
under this part.
(g)
Composted and used Composting
and use as part of normal
operations by a municipal solid waste landfill if the composting
and use meet all of the following requirements:
(i) Take place on property described in the landfill
construction permit.
(ii) Are described in and consistent with the landfill
operation plans.
(iii) Are otherwise in compliance with this act.
(h)
Processed Processing at a processing plant in accordance
with this part and the rules promulgated under this part.
(i)
Disposed of Disposal in a landfill or an incinerator, but
only if the yard clippings are diseased or infested or are composed
of invasive plants, such as garlic mustard, purple loosestrife, or
spotted knapweed, that were collected through an eradication or
control program, include no more than a de minimis amount of other
yard clippings, and are inappropriate to compost.
(2) A person may temporarily accumulate yard clippings at a
site not designed for composting if all of the following
requirements are met:
(a) The accumulation does not create a nuisance or otherwise
result in a violation of this act.
(b) The yard clippings are not mixed with other compostable
materials.
(c) No more than 1,000 cubic yards are placed on site unless a
greater volume is approved by the department.
(d) Yard clippings placed on site on or after April 1 but
before December 1 are moved to another location and managed as
provided in subsection (1) within 30 days after being placed on
site. The director may approve a longer time period based on a
demonstration that additional time is necessary.
(e) Yard clippings placed on site on or after December 1 but
before the next April 1 are moved to another location and managed
as provided in subsection (1) by the next April 10 after the yard
clippings are placed on site.
(f) The owner or operator of the site maintains and makes
available to the department records necessary to demonstrate that
the requirements of this subsection are met.
(3) A person may compost yard clippings on a farm if
composting does not otherwise result in a violation of this act and
is done in accordance with generally accepted agricultural and
management practices under the Michigan right to farm act, 1981 PA
93, MCL 286.471 to 286.474, and if 1 or more of the following
apply:
(a) Only yard clippings generated on the farm are composted.
(b) There are not more than 5,000 cubic yards of yard
clippings on the farm.
(c) If there are more than 5,000 cubic yards of yard clippings
on the farm at any time, all of the following requirements are met:
(i) The farm operation accepts yard clippings generated at a
location other than the farm only to assist in management of waste
material generated by the farm operation.
(ii) The farm operation does not accept yard clippings
generated at a location other than the farm for monetary or other
valuable consideration.
(iii) The owner or operator of the farm registers with the
department of agriculture on a form provided by the department of
agriculture and certifies that the farm operation meets and will
continue to meet the requirements of subparagraphs (i) and (ii).
(4) A site qualifies as a registered composting facility if
all of the following requirements are met:
(a) The owner or operator of the site registers as a
composting facility with the department and reports to the
department within 30 days after the end of each state fiscal year
the amount of yard clippings and other compostable material
composted in the previous state fiscal year. The registration and
reporting shall be done on forms provided by the department. The
registration shall be accompanied by a fee of $600.00. The
registration is for a term of 3 years. Registration fees collected
under this subdivision shall be forwarded to the state treasurer
for deposit in the solid waste staff account of the solid waste
management fund established in section 11550.
(b) The site is operated in compliance with the following
location restrictions:
(i) If the site is in operation on December 1, 2007, the
management or storage of yard clippings, compost, and residuals
does not expand from its location on that date to an area that is
within the following distances from any of the following features:
(A) 50 feet from a property line.
(B) 200 feet from a residence.
(C) 100 feet from a body of surface water, including a lake,
stream, or wetland.
(ii) If the site begins operation after December 1, 2007, the
management or storage of yard clippings, compost, and residuals
occurs in an area that is not in the 100-year floodplain and is at
least the following distances from each of the following features:
(A) 50 feet from a property line.
(B) 200 feet from a residence.
(C) 100 feet from a body of surface water, including a lake,
stream, or wetland.
(D) 2,000 feet from a type I or type IIA water supply well.
(E) 800 feet from a type IIB or type III water supply well.
(F) 500 feet from a church or other house of worship,
hospital, nursing home, licensed day care center, or school, other
than a home school.
(G) 4 feet above groundwater.
(c) Composting and management of the site occurs in a manner
that meets all of the following requirements:
(i) Does not violate this act or create a facility as defined
in section 20101.
(ii) Unless approved by the department, does not result in more
than 5,000 cubic yards of yard clippings and other compostable
material, compost, and residuals present on any acre of property at
the site.
(iii) Does not result in an accumulation of yard clippings for a
period of over 3 years unless the site has the capacity to compost
the yard clippings and the owner or operator of the site can
demonstrate, beginning in the third year of operation and each year
thereafter, unless a longer time is approved by the director, that
the amount of yard clippings and compost that is transferred off-
site in a calendar year is not less than 75% by weight or volume,
accounting for natural volume reduction, of the amount of yard
clippings and compost that was on-site at the beginning of the
calendar year.
(iv) Results in finished compost with not more than 1%, by
weight, of foreign matter that will remain on a 4 millimeter
screen.
(v) If yard clippings are collected in bags other than paper
bags, debags the yard clippings by the end of each business day.
(vi) Prevents the pooling of water by maintaining proper slopes
and grades.
(vii) Properly manages storm water runoff.
(viii) Does not attract or harbor rodents or other vectors.
(d) The owner or operator maintains, and makes available to
the department, all of the following records:
(i) Records identifying the volume of yard clippings and other
compostable material accepted by the facility and the volume of
yard clippings and other compostable material and of compost
transferred off-site each month.
(ii) Records demonstrating that the composting operation is
being performed in a manner that prevents nuisances and minimizes
anaerobic conditions. Unless other records are approved by the
department, these records shall include records of carbon-to-
nitrogen ratios, the amount of leaves and the amount of grass in
tons or cubic yards, temperature readings, moisture content
readings, and lab analysis of finished products.
(5) A site at which yard clippings are managed in accordance
with this section, other than a site described in subsection
(1)(g), (h) or (i), is not a disposal area, notwithstanding section
11503(5)
11503(6).
(6) Except with respect to subsection (1)(h) and (i),
management of yard clippings in accordance with this section is not
considered disposal for purposes of section 11538(6).
Sec.
11539. (1) The director shall not approve a plan update
unless:
(a) The plan contains an analysis or evaluation of the best
available information applicable to the plan area, derived from
reports under section 11507a and any other sources consistent with
those reports, in regard to recyclable materials and all of the
following, with amounts of materials reported in tons and a
conversion factor provided for materials whose quantity was
initially measured in cubic yards:
(i) The kind and volume amount of each type of
material in the
plan area's waste stream that may be recycled or composted.
(ii) The amount of waste generated annually per capita and a
projection of future waste generation.
(iii) The amount of each type of material that was recycled and
composted within the county each year since the last plan update.
(iv) The amount of municipal solid waste generated in the
county each year since the last plan update that was disposed of in
a landfill or incinerator located in the county.
(v) The amount of municipal solid waste generated in the
county each year since the last plan update that was disposed of in
a solid waste landfill or incinerator in another county.
(vi) (ii) How An
evaluation of how various factors do or
may
affect a recycling and composting program in the plan area. Factors
shall
include an evaluation of the existing solid waste collection
system; materials market; transportation networks; local composting
and recycling support groups, or both; institutional arrangements;
the population in the plan area; and other pertinent factors.
(vii) (iii) An
identification of impediments to implementing a
recycling and composting program and recommended strategies for
removing or minimizing impediments.
(viii) (iv) How
recycling and composting and other processing or
disposal methods could complement each other and an examination of
the feasibility of excluding site separated material and source
separated material from other processing or disposal methods.
(ix) (v) Identification
and quantification of environmental,
economic, and other benefits that could result from the
implementation of a recycling and composting program.
(x) (vi) The
feasibility of source separation of materials that
contain
potentially hazardous components at disposal areas. This
subparagraph
applies only to plan updates that are due after
January 31, 1989.
(xi) The amount of material annually processed in the county,
including organic material and curbside and drop-off collected
material.
(xii) Identification of facilities within and outside of this
state that are processing residential recyclable materials
collected in the county and the volumes annually processed at each
of those facilities.
(b)
The plan either provides describes
the methods used for
recycling and composting recyclable materials from the plan area's
waste
stream. or establishes that recycling and composting are
not
necessary
or feasible or is only necessary or feasible to a limited
extent.
(c)
A plan that proposes If
the plan creates or relies upon a
recycling or composting program, or both, the plan details the
major features of that program, including all of the following:
(i) The kinds and volumes volume of each type of recyclable
materials
material that will be recycled or composted.
(ii) Collection methods.
(iii) Measures that will ensure collection, such as ordinances
or cooperative arrangements, or both.
(iv) Ordinances or regulations affecting the program.
(v) The role of counties and municipalities in implementing
the plan.
(vi) The involvement of existing recycling interests, solid
waste haulers, and the community.
(vii) Anticipated costs.
(viii) On-going program financing.
(ix) Equipment selection.
(x) Public and private sector involvement.
(xi) Site availability and selection.
(xii) Operating Composting operating parameters
such as pH and
heat range.
(d)
The plan includes an evaluation of how the planning entity
is
meeting the state's waste reduction and recycling goals as
established
pursuant to section 11541(4) explains
how the
designated planning agency is utilizing a comprehensive planning
system that reflects the state's solid waste policy under section
11541(1) and, if such a system is not yet being utilized, describes
how the designated planning agency will make progress in
implementing such a system.
(e) The plan describes how, and by how much, the county will
increase solid waste diversion over the 5-year plan period.
(f) The plan includes copies of enforceable mechanisms that
demonstrate that disposal capacity is available to the county.
(g) The plan includes copies of all host community agreements
between the county or municipalities within the county and disposal
facilities.
(2)
The director may promulgate rules as may be necessary to
implement this section.
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.
Sec.
11547. (1) In order for a county to effectively implement
the
planning responsibilities designated under this part, a A grant
program
is established to provide financial assistance to county or
regional
solid waste management designated
planning agencies in
performing their duties under this part. Municipalities joined
together with interlocal agreements relating to solid waste
management
plans, within a county having a city of with a
population of more than 750,000, are eligible for a separate
planning
grant in addition to those granted to counties designated
planning agencies. This separate grant allocation provision does
not alter the planning and approval process requirements for county
plans as specified in this part. Eighty percent of the money for
the program not provided for by federal funds shall be appropriated
annually by the legislature from the general fund of the state and
20% shall be appropriated by the applicant. Grant funds
appropriated for local planning may be used by the department if
the department finds it necessary to invoke the department's
authority to develop a local plan under section 11533(6). The
department shall promulgate rules for the distribution of the
appropriated funds.
(2)
In order for a certified health department to effectively
implement
the responsibilities designated under this part, an
annual
grant shall be appropriated by the legislature from the
general
fund of the state to provide financial assistance to a
certified
health department. A certified health department is
eligible
to receive 100% of reasonable personnel costs as
determined
by the department based on criteria established by rule.
The
department shall promulgate rules for the distribution of the
appropriated
funds.