HB-4266, As Passed House, March 15, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4266

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11507a and 11514 (MCL 324.11507a and

324.11514), section 11507a as amended by 2004 PA 39 and section

11514 as amended by 2008 PA 394.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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.

11512b, all 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 utilized.

(iii) The time periods during which any flaring took place and

the reasons for the flaring.

(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. 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

House Bill No. 4266 (H-2) as amended March 14, 2012

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, provide alternative energy sources, 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.

tires.

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

~~they~~ 1 or more of the following requirements are met:

(i) The yard clippings are diseased, infested, or composed of

invasive species as authorized by section 11521(1)(i).

(ii) The landfill utilizes landfill gas as a source of energy

as provided in section 11512b, the yard clippings do not consist of

shrubbery, brush, or tree trimmings, the yard clippings ARE [maintained

segregated at the source of generation], and before January 1, 2015, the

yard clippings are

transported to the landfill in a vehicle that is not transporting

any other solid waste or that allows the source separated yard

clippings to be unloaded separately from other solid waste in a

manner not otherwise prohibited by law.

(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.

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.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4265 of the 96th Legislature is enacted into

law.