DIVERTED WASTE                                                                               H.B. 5005 (H-3):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5005 (Substitute H-3 as reported by the Committee of the Whole)

Sponsor:  Representative Andrea LaFontaine

House Committee:  Natural Resources

Senate Committee:  Natural Resources, Environment and Great Lakes

CONTENT

The bill would amend Part 115 (Solid Waste Management) of the Natural Resources and Environmental Protection Act to exempt "diverted waste" managed through a waste diversion center from regulation as solid waste.  

"Diverted waste" would mean waste that meets all of the following requirements: is generated by households, businesses, or governmental entities; can lawfully be disposed of at a licensed sanitary landfill or municipal solid waste incinerator; is separated from other waste; and is hazardous material; liquid waste; pharmaceuticals; electronics; batteries; light bulbs; pesticides; thermostats, switches, thermometers, or other devices that contain elemental mercury; sharps; or other waste approved by the Department of Environmental Quality that can be readily separated from solid waste for diversion to preferred methods of management and disposal.

"Waste diversion center" would mean property or a building designated for the purpose of receiving or collecting diverted waste and not used for residential purposes.  The following would apply to the operator of a waste diversion center:

-- At least 90%, by volume, of the material collected would have to consist of diverted waste to be managed at that center.

-- The center would have to be operated by personnel who were knowledgeable about the safe management of the types of diverted waste that were accepted.

-- The operator would have to manage the waste in a manner that prevented its release to the environment, and could not store the waste overnight at the center except in a secure location and with adequate containment to prevent any release.

-- Within one year after the center collected the diverted waste, it would have to be transported to a waste diversion center, recycling facility, or disposal facility.

-- The operator could not process diverted waste except to the extent necessary for its safe and efficient transportation.

-- The operator would have comply with record-keeping, access, and safety requirements.

-- The operator could reject any diverted waste.

MCL 324.11503 et al.                                                     Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  2-14-14                                                     Fiscal Analyst:  Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.