August 5, 2009, Introduced by Senators BIRKHOLZ, GARCIA, PATTERSON, BARCIA and JANSEN and referred to the Committee on Energy Policy and Public Utilities.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11504, 11507a, and 11514 (MCL 324.11504,
324.11507a, and 324.11514), section 11504 as amended by 1996 PA
359, section 11507a as amended by 2004 PA 39, and section 11514 as
amended by 2008 PA 394, and by adding section 11512b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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) "Landfill" means a disposal area that is a sanitary
landfill.
(5) "Landfill energy production facility" means a landfill
designated as a landfill energy production facility in its
operating license pursuant to section 11512b.
(6) (5)
"Letter of credit" means
an irrevocable letter of
credit
that complies with 40 C.F.R. CFR
258.74(c).
(7) (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.
(8) (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 solid waste from single and multiple
dwellings,
hotels, motels, and other residential sources, or this
such household waste together with solid waste from commercial,
institutional, municipal, county, or industrial sources that, if
otherwise disposed of, would not be required to be placed in a
disposal facility licensed under part 111.
(b) The person who operates 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.
(9) (8)
"Municipal solid waste
incinerator ash" means the
substances remaining after combustion in a municipal solid waste
incinerator.
(10) (9)
"Perpetual care fund"
means a perpetual care fund
provided for in section 11525.
(11) (10)
"Trust fund" means a
trust fund held by a trustee
which
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.
Sec. 11507a. (1) The owner or operator of a landfill shall
annually submit a report to the state and the county and
municipality in which the landfill is located that contains
information
on the all of the
following:
(a) 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
(b) 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.
(c) If the landfill is a landfill energy production facility,
both of the following:
(i) The amount of landfill gas recovered at the landfill during
the year, as determined by metering or another approved method.
(ii) How the landfill gas was managed.
(2) The report under subsection (1) shall be submitted on a
form provided by the department within 45 days following the end of
each state fiscal year.
(3) (2)
By January 31 of each year, the
department shall
submit to the legislature a report summarizing the information
obtained under subsection (1).
Sec. 11512b. (1) Subject to subsection (4), if a landfill
operating license designates the landfill as a landfill energy
production facility, yard clippings may be disposed of at the
landfill in landfill cells served by a landfill gas collection
system described in subsection (2)(a).
(2) If a landfill meets all of the following requirements, the
landfill's operating license shall designate the landfill as a
landfill energy production facility:
(a) The landfill has a landfill gas collection system that is
capable of recovering landfill gas from landfill cells receiving
yard clippings and installation of which is documented in the
landfill's operating record.
(b) Subject to subsection (3), at least every other year, the
landfill energy production facility shall recover and beneficially
utilize not less than 70% of the annual gas production from the
landfill as a source of energy for 1 or more of the following:
(i) Generation of electricity, a direct fuel use, or any other
use as a substitute for conventional fuels.
(ii) Flaring during testing, maintenance, malfunction, or
unplanned interruption of the landfill gas collection system or of
an on-site or off-site energy use; for planning, construction, or
proving capacity for an intended on-site or off-site energy use; or
for a similar reason. Flaring shall not be utilized for more than a
total of 2 continuous years. However, a request to extend flaring
shall be approved by the department if the landfill owner or
operator submits a schedule for the use of landfill gas for the
generation of electricity, a direct fuel use, or any other use as a
substitute for conventional fuels.
(3) For purposes of subsection (2)(b), the percentage of
landfill gas recovered shall be calculated by dividing the amount
of gas recovered as reported under section 11507a by the total
annual landfill energy production facility gas generation
estimation, based on either the EPA landfill gas emission model
(LANDGEM) using clean air act default values K=0.05 year-1 for the
methane generation rate and L0=110M3/MG for the potential methane
generation capacity, or a site-specific gas generation estimation
proposed by the landfill owner or operator and approved by the
department, and multiplying the quotient by 100.
(4) If a landfill energy production facility fails to meet the
requirements of subsection (2)(b), in addition to other sanctions
for violation of this part, the department, after notice and
opportunity for an evidentiary hearing, may revoke, suspend, or
modify the designation of the landfill as a landfill energy
production facility.
Sec. 11514. (1) Optimizing recycling opportunities, including
electronics 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, including the
reuse of materials from electronic devices, 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. Policies and
practices that promote recycling and reuse of materials, including
materials from electronic devices, will conserve raw materials,
conserve landfill space, and avoid the contamination of soil and
groundwater from heavy metals and other pollutants.
(2) A person shall not knowingly deliver to a landfill for
disposal, or, if the person is an owner or operator of a landfill,
knowingly permit disposal in the landfill 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
1 or more of the following
apply:
(i) Yard clipping are diseased, infested, or composed of
invasive species as authorized by section 11521(1)(i).
(ii) The landfill is a landfill energy production facility.
(3) A person shall not deliver to a landfill for disposal, or,
if the person is an owner or operator of a landfill, permit
disposal in the landfill 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, infested, or composed of
invasive species as authorized by section 11521(1)(i). 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.
(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.