September 9, 2014, Introduced by Reps. Slavens, Geiss, Hovey-Wright, Switalski, Segal, Singh, Zemke, Banks, Roberts, Schor, McCann, Cochran, Driskell, Irwin, Darany, Haugh, Tlaib, Stallworth, Faris, Lane, Phelps, Townsend, Brunner, Smiley, Cavanagh, Yanez, Hobbs, Barnett, Brown and Oakes 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 11514 (MCL 324.11514), as amended by 2008 PA
394, and by adding section 11105a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11105a. (1) 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 radioactive waste from hydraulic
fracturing operations.
(2) As used in this section, "hydraulic fracturing" means
injecting foam or fluid in a well under pressure to create
fractures in a formation and thereby enhance production of
hydrocarbons.
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 333.13831.333.13832.
(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 are diseased, infested, or composed of invasive species as
authorized by section 11521(1)(i).
(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.
(i) Radioactive waste from hydraulic fracturing operations. As
used in this subdivision, "hydraulic fracturing" means injecting
foam or fluid in a well under pressure to create fractures in a
formation and thereby enhance production of hydrocarbons.
(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.