February 16, 2011, Introduced by Reps. Horn and Opsommer 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 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.
(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 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
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) The yard clippings are diseased, infested, or composed of
invasive species as authorized by section 11521(1)(i).
(ii) Yard clippings remaining after the traditional yard
clippings collection season ends and the majority of state
registered compost facilities are closed or the period each year
between December 1 and March 30.
(iii) The landfill is a landfill energy production facility, and
the yard clippings do not consist of source-separated shrubbery,
brush, tree trimmings, or a combination thereof.
(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) An ordinance, law, rule, regulation, policy, or practice
of a municipality, county, or governmental authority created by
statute, which prohibits or regulates the type of solid waste that
may be disposed of at a licensed disposal area is in conflict with
this part and is not enforceable.
(6) (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 Senate Bill No. ____ or House Bill No. 4265(request no.
00617'11 **) of the 96th Legislature is enacted into law.