February 16, 2011, Introduced by Reps. Opsommer and Horn and referred to the Committee on Energy and Technology.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11504 (MCL 324.11504), as amended by 1996 PA
359, 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 owner of 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. 11512b. (1) Subject to subsection (5), 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.
(2) A landfill operating license shall designate the landfill
as a landfill energy production facility if the landfill meets all
of the following requirements:
(a) The landfill has a landfill gas collection system
installation of which is documented in the landfill's operating
record.
(b) Subject to subsection (4), the landfill energy production
facility is capable of recovering and utilizing at least 70% of the
annual gas production from the landfill cells served by the
landfill gas collection system, 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 because of testing, maintenance, malfunction, or
planned 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 for each
particular reason under this subparagraph shall not be utilized
later than 2 years after the flaring first commenced. 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) If a landfill is designated as a landfill energy
production facility under subsection (2), yard clippings may be
disposed of at the landfill in landfill cells served by a landfill
gas collection system if the yard clippings are initially collected
in residential solid waste collection trucks registered under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, and the
yard clippings when initially collected are commingled with other
solid waste. If the yard clippings are source separated and
generated in a municipality with a single-hauler solid waste
collection and disposal contract, the legislative body of the
municipality shall not authorize the commingled collection of yard
clippings for delivery to a landfill energy production facility
unless the legislative body has held a public hearing on the issue.
(4) The percentage of landfill gas recovered and utilized by a
landfill energy production facility shall be calculated as follows:
(a) Divide the amount of gas recovered and utilized for 1 or
more of the uses described in subsection (2) by the total annual
landfill energy production facility gas generation estimate. The
gas generation estimate shall be based on 1 of the following:
(i) The EPA landfill gas emission model (LANDGEM) using clean
air act default value k=0.05 year-1 for the methane generation rate
and L0=110M3/MG (based on an inventory value of 100 m3/MG, plus 10
m3/MG to account for addition of yard clippings) for the potential
methane generation capacity.
(ii) A site-specific gas generation estimation proposed by the
landfill owner or operator and approved by the Michigan public
service commission.
(b) Multiply the quotient under subdivision (a) by 100.
(5) If a designated landfill energy production facility fails
to recover and utilize annual gas production as required in
subsection (2), in addition to other sanctions for violation of
this part, the Michigan public service commission, after notice and
opportunity for an evidentiary hearing, may revoke, suspend, or
modify the landfill's designation as a landfill energy production
facility.
(6) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the Michigan public service
commission may promulgate rules to implement this part.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4266(request no.
01035'11 *) of the 96th Legislature is enacted into law.