October 28, 2009, Introduced by Reps. Roberts, Scripps, Kennedy, Miller, Haase, Haugh, Liss, Smith, Roy Schmidt, Warren and Byrum and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11502, 11503, 11504, 11505, and 11506 (MCL
324.11502, 324.11503, 324.11504, 324.11505, and 324.11506),
sections 11502, 11503, 11505, and 11506 as amended by 2007 PA 212
and section 11504 as amended by 1996 PA 359, and by adding sections
11532c, 11532d, 11532e, 11532f, and 11532h; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11502. (1) "Applicant" includes any person.
(2) "Ashes" means the residue from the burning of wood, coal,
coke, refuse, wastewater sludge, or other combustible materials.
(3) "Benchmark recycling program" means a recycling program as
described in section 11532f.
(4) (3)
"Beverage container"
means an airtight container
composed
of metal, glass, paper, or plastic, container,
or a
container
composed of a combination of these
materials, which that,
at the time of sale, contains 1 gallon or less of any of the
following:
(a) A soft drink, soda water, carbonated natural or mineral
water, or other nonalcoholic carbonated drink.
(b) A beer, ale, or other malt drink of whatever alcoholic
content.
(c) A mixed wine drink or a mixed spirit drink.
(5) (4)
"Bond" means a financial instrument
executed on a form
approved by the department, including a surety bond from a surety
company authorized to transact business in this state, a
certificate of deposit, a cash bond, an irrevocable letter of
credit, insurance, a trust fund, an escrow account, or a
combination of any of these instruments in favor of the department.
The owner or operator of a disposal area who is required to
establish
a bond under other state or another
state statute or a
federal statute may petition the department to allow such a bond to
meet the requirements of this part. The department shall approve a
bond
established under other state or another state statute or a
federal statute if the bond provides equivalent funds and access by
the department as other financial instruments allowed by this
subsection.
(6) (5)
"Certificate of deposit"
means a negotiable
certificate of deposit held by a bank or other financial
institution regulated and examined by a state or federal agency,
the value of which is fully insured by an agency of the United
States government. A certificate of deposit used to fulfill the
requirements of this part shall be in the sole name of the
department with a maturity date of not less than 1 year and shall
be renewed not less than 60 days before the maturity date. An
applicant who uses a certificate of deposit as a bond shall receive
any accrued interest on that certificate of deposit upon release of
the bond by the department.
(7) (6)
"Certified health department"
means a city, county, or
district department of health that is specifically delegated
authority by the department to perform designated activities as
prescribed by this part.
(8) (7)
"Coal or wood ash" means
either or both of the
following:
(a) The residue remaining after the ignition of coal or wood,
or both, and may include noncombustible materials, otherwise
referred to as bottom ash.
(b) The airborne residues from burning coal or wood, or both,
that are finely divided particles entrained in flue gases arising
from a combustion chamber, otherwise referred to as fly ash.
(9) (8)
"Collection center" means
a tract of land, building,
unit,
or appurtenance or a combination thereof of land, buildings,
units, or appurtenances that is used to collect junk motor vehicles
and farm implements under section 11530.
(10) (9)
"Composting facility"
means a facility where
composting of yard clippings or other organic materials occurs
using mechanical handling techniques such as physical turning,
windrowing, or aeration or using other management techniques
approved by the director.
(11) (10)
"Consistency review"
means evaluation of the
administrative and technical components of an application for a
permit or license or evaluation of operating conditions in the
course of inspection, for the purpose of determining consistency
with the requirements of this part, rules promulgated under this
part, and approved plans and specifications.
(12) (11)
"Corrective action" means
the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of constituents, as defined in a facility's approved
hydrogeological monitoring plan, released into the environment from
a disposal area, or the taking of other actions related to the
release as may be necessary to prevent, minimize, or mitigate
injury to the public health, safety, or welfare, the environment,
or natural resources that is consistent with 42 USC 6941 to 6949a
and regulations promulgated thereunder.
Sec. 11503. (1) "De minimis" refers to a small amount of
material or number of items, as applicable, commingled and
incidentally disposed of with other solid waste.
(2) "Department" means the department of environmental
quality.
(3) "Director" means the director of the department.
(4) "Discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing of a substance
into
the environment which that
is or may become injurious to the
public health, safety, or welfare, or to the environment.
(5) "Disposal area" means 1 or more of the following at a
location as defined by the boundary identified in its construction
permit or engineering plans approved by the department:
(a) A solid waste transfer facility.
(b)
Incinerator An incinerator.
(c)
Sanitary A sanitary landfill.
(d)
Processing A processing plant.
(e)
Other Another solid waste handling or disposal facility
utilized in the disposal of solid waste.
(6) "Enforceable mechanism" means a legal method whereby the
state, a county, a municipality, or another person is authorized to
take action to guarantee compliance with an approved county solid
waste management plan. Enforceable mechanisms include contracts,
intergovernmental agreements, laws, ordinances, rules, and
regulations.
(7) "Escrow account" means an account that is managed by a
bank or other financial institution whose account operations are
regulated
and examined by a federal or state agency and which that
complies with section 11523b.
(8) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(9) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(10) "Financial assurance" means the mechanisms used to
demonstrate that the funds necessary to meet the cost of closure,
postclosure maintenance and monitoring, and corrective action will
be available whenever they are needed.
(11) "Financial test" means a corporate or local government
financial test or guarantee approved for type II landfills under 42
USC 6941 to 6949a. An owner or operator may use a single financial
test for more than 1 facility. Information submitted to the
department to document compliance with the test shall include a
list showing the name and address of each facility and the amount
of funds assured by the test for each facility. For purposes of the
financial test, the owner or operator shall aggregate the sum of
the closure, postclosure, and corrective action costs it seeks to
assure with any other environmental obligations assured by a
financial test under state or federal law.
(12) "Food processing residuals" means any of the following:
(a) Residuals of fruits, vegetables, aquatic plants, or field
crops.
(b) Otherwise unusable parts of fruits, vegetables, aquatic
plants, or field crops from the processing thereof.
(c)
Otherwise unusable food products which that do not meet
size,
quality, or other product specifications and which that were
intended for human or animal consumption.
(13) "Garbage" means rejected food wastes including waste
accumulation of animal, fruit, or vegetable matter used or intended
for food or that results from the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit, or vegetable
matter.
(14)
"Scrap wood" means wood or wood product that is 1 or more
of
the following:
(a)
Plywood, pressed board, oriented strand board, or any
other
wood or wood product mixed with glue or filler.
(b)
Wood or wood product treated with creosote or
pentachlorophenol.
(c)
Any other wood or wood product designated as scrap wood in
rules
promulgated by the department.
(15)
"Treated wood" means wood or wood product that has been
treated
with 1 or more of the following:
(a)
Chromated copper arsenate (CCA).
(b)
Ammoniacal copper quat (ACQ).
(c)
Ammoniacal copper zinc arsenate (ACZA).
(d)
Any other chemical designated in rules promulgated by the
department.
(16)
"Wood" means trees, branches, bark, lumber, pallets, wood
chips,
sawdust, or other wood or wood product but does not include
scrap
wood, treated wood, painted wood or painted wood product, or
any
wood or wood product that has been contaminated during
manufacture
or use.
Sec. 11504. (1) "HDPE" means that term as defined in section
16101.
(2) (1) "Health officer" means a
full-time administrative
officer of a certified city, county, or district department of
health.
(3) (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.
(4) (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.
(5) (4)
"Landfill" means a disposal area that is a sanitary
landfill. However, as used in section 11532a, landfill does not
include a captive facility as defined in section 11525a.
(6) (5)
"Letter of credit" means an irrevocable letter of
credit
that complies with 40 C.F.R. CFR
258.74(c).
(7) "Local unit of government" means a municipality or county.
(8) "Market development fund" means the recycling innovation
and market development fund created in section 11532c.
(9) (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.
(10) (7)
"Municipal solid waste incinerator" means an
incinerator, that
is owned or operated by any person, and that
meets all of the following requirements:
(a) The incinerator receives solid waste from off site and
burns only household waste from single and multiple dwellings,
hotels, motels, and other residential sources, or this household
waste together with solid waste from commercial, institutional,
municipal, county, or industrial sources that, if disposed of,
would
is not be required to be placed in a disposal
facility
licensed under part 111.
(b) The person who operates the incinerator has established
contractual requirements or other notification or inspection
procedures sufficient to assure 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.
(11) (8)
"Municipal solid waste incinerator ash" means the
substances remaining after combustion in a municipal solid waste
incinerator.
(12) "Municipality" means a city, village, or township.
(13) (9)
"Perpetual care fund" means a perpetual care fund
provided for in section 11525.
(10)
"Trust fund" means a trust fund held by a trustee which
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.
(14) "PETE" means that term as defined in section 16101.
Sec. 11505. (1) "Recyclable materials" means source separated
materials, site separated materials, high grade paper, glass,
metal, plastic, aluminum, newspaper, corrugated paper, yard
clippings, and other materials that may be recycled or composted.
(2) "Recycling fund" means the recycling and waste diversion
fund created in section 11532b.
(3) (2)
"Regional solid waste
management planning agency"
means the regional solid waste planning agency designated by the
governor pursuant to 42 USC 6946.
(4) (3)
"Resource recovery
facility" means machinery,
equipment, structures, or any parts or accessories of machinery,
equipment, or structures, installed or acquired for the primary
purpose of recovering materials or energy from the waste stream.
(5) (4)
"Response activity" means
an activity that is
necessary to protect the public health, safety, welfare, or the
environment, and includes, but is not limited to, evaluation,
cleanup, removal, containment, isolation, treatment, monitoring,
maintenance, replacement of water supplies, and temporary
relocation of people.
(6) (5)
"Rubbish" means
nonputrescible solid waste, excluding
ashes, consisting of both combustible and noncombustible waste,
including paper, cardboard, metal containers, yard clippings, wood,
glass, bedding, crockery, demolished building materials, or litter
of any kind that may be a detriment to the public health and
safety.
(7) (6)
"Salvaging" means the
lawful and controlled removal of
reusable materials from solid waste.
(8) "Scrap wood" means wood or wood product that is 1 or more
of the following:
(a) Plywood, pressed board, oriented strand board, or any
other wood or wood product mixed with glue or filler.
(b) Wood or wood product treated with creosote or
pentachlorophenol.
(c) Any other wood or wood product designated as scrap wood in
rules promulgated by the department.
(9) (7)
"Site separated material"
means glass, metal, wood,
paper products, plastics, rubber, textiles, garbage, or any other
material approved by the department that is separated from solid
waste for the purpose of conversion into raw materials or new
products. Site separated material does not include the residue
remaining after glass, metal, wood, paper products, plastics,
rubber, textiles, or any other material approved by the department
is separated from solid waste.
(10) (8)
"Slag" means the
nonmetallic product resulting from
melting or smelting operations for iron or steel.
Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,
incinerator ash, incinerator residue, street cleanings, municipal
and industrial sludges, solid commercial and solid industrial
waste, and animal waste other than organic waste generated in the
production of livestock and poultry. However, solid waste does not
include the following:
(a) Human body waste.
(b)
Medical waste. as it is defined in part 138 of the public
health
code, 1978 PA 368, MCL 333.13801 to 333.13831, and regulated
under
that part and part 55.
(c) Organic waste generated in the production of livestock and
poultry.
(d) Liquid waste.
(e) Ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products.
(f) Slag or slag products directed to a slag processor or to a
reuser of slag or slag products.
(g) Sludges and ashes managed as recycled or nondetrimental
materials appropriate for agricultural or silvicultural use
pursuant to a plan approved by the department. Food processing
residuals, ;
wood ashes resulting solely from a
source that burns
only
wood that is untreated and inert,
; lime from kraft pulping
processes
generated prior to bleaching, ; or
aquatic plants may be
applied on, or composted and applied on, farmland or forestland for
an agricultural or silvicultural purpose, or used as animal feed,
as
appropriate. , and such an application or use does not require a
plan
described in this subdivision or a permit or license under
this
part. In addition, source separated
materials approved by the
department for land application for agricultural and silvicultural
purposes and compost produced from those materials may be applied
to
the on land for an
agricultural and or silvicultural
purpose.
purposes
and such an application does not require a plan described
in
this subdivision or permit or license under this part. Land
application authorized under this subdivision for an agricultural
or
silvicultural purpose, or use as animal feed , as provided for
in this subdivision, does not require a plan under this subdivision
or a permit or license under this part, but shall be performed in a
manner that prevents losses from runoff and leaching. Land
application under this subdivision shall be at an agronomic rate
consistent with generally accepted agricultural and management
practices under the Michigan right to farm act, 1981 PA 93, MCL
286.471 to 286.474.
(h) Materials approved for emergency disposal by the
department.
(i) Source separated materials.
(j) Site separated material.
(k) Fly ash or any other ash produced from the combustion of
coal, when used in the following instances:
(i) With a maximum of 6% of unburned carbon, if used as a
component of concrete, grout, mortar, or casting molds.
(ii) With a maximum of 12% unburned carbon passing M.D.O.T.
test
method MTM 101, when if used as a raw material in
asphalt for
road construction.
(iii) As aggregate, road, or building material that in ultimate
use will be stabilized or bonded by cement, limes, or asphalt.
(iv) As a road base or construction fill that is covered with
asphalt, concrete, or other material approved by the department and
that is placed at least 4 feet above the seasonal groundwater
table.
(v) As the sole material in a depository designed to reclaim,
develop, or otherwise enhance land, subject to the approval of the
department. In evaluating the site, the department shall consider
the physical and chemical properties of the ash including, but not
limited to, leachability, and the engineering of the depository,
including, but not limited to, the compaction, control of surface
water and groundwater that may threaten to infiltrate the site, and
evidence that the depository is designed to prevent water
percolation through the material.
(l) Other wastes regulated by statute.
(2) "Solid waste hauler" means a person who owns or operates a
solid waste transporting unit.
(3) "Solid waste processing plant" means a tract of land,
building, unit, or appurtenance of a building or unit or a
combination of land, buildings, and units that is used or intended
for use for the processing of solid waste or the separation of
material for salvage or disposal, or both, but does not include a
plant engaged primarily in the acquisition, processing, and
shipment of ferrous or nonferrous metal scrap, or a plant engaged
primarily in the acquisition, processing, and shipment of slag or
slag products.
(4)
"Solid waste transporting unit" means a container, that
which may be an integral part of a truck or other piece of
equipment, used for the transportation of solid waste.
(5)
"Solid waste transfer facility" means a tract of land, a
building, and
any appurtenances appurtenance, or a container, or
any
a combination of land, buildings, appurtenances, or containers
that is used or intended for use in the rehandling or storage of
solid waste incidental to the transportation of the solid waste,
but is not located at the site of generation or the site of
disposal of the solid waste.
(6) "Source separated material" means glass, metal, wood,
paper products, plastics, rubber, textiles, garbage, or any other
material approved by the department that is separated at the source
of generation for the purpose of conversion into raw materials or
new products including, but not limited to, compost.
(7) "Treated wood" means wood or wood product that has been
treated with 1 or more of the following:
(a) Chromated copper arsenate (CCA).
(b) Ammoniacal copper quat (ACQ).
(c) Ammoniacal copper zinc arsenate (ACZA).
(d) Any other chemical designated in rules promulgated by the
department.
(8) "Trust fund" means a trust fund held by a trustee who 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.
(9) (7)
"Type I public water
supply", "type IIa public water
supply", "type IIb public water supply", and "type III public water
supply" mean those terms, respectively, as described in R 325.10502
of the Michigan administrative code.
(10) "Wood" means trees, branches, bark, lumber, pallets, wood
chips, sawdust, or other wood or wood product but does not include
scrap wood, treated wood, painted wood or painted wood product, or
any wood or wood product that has been contaminated during
manufacture or use.
(11) (8)
"Yard clippings" means
leaves, grass clippings,
vegetable or other garden debris, shrubbery, or brush or tree
trimmings, less than 4 feet in length and 2 inches in diameter,
that can be converted to compost humus. Yard clippings do not
include stumps, agricultural wastes, animal waste, roots, sewage
sludge, or garbage.
Sec. 11532c. (1) The recycling innovation and market
development fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the market development fund. The state
treasurer shall direct the investment of the market development
fund. The state treasurer shall credit to the market development
fund interest and earnings from development fund investments.
(3) Money in the market development fund at the close of the
fiscal year shall remain in the market development fund and shall
not lapse to the general fund.
(4) The department shall be the administrator of the market
development fund for auditing purposes.
(5) The department shall expend money from the market
development fund, upon appropriation, for grants of not more than
$250,000.00 each or, if the grants are for capital improvements,
not more than $1,000,000.00 each to private or public entities in
this state for any of the following purposes:
(a) To expand markets for recycled materials in this state.
(b) To implement programs to expand the collection of
recyclable materials from waste generated at sites other than
single-family dwellings.
(c) To expand recycling efforts within a municipality that has
a benchmark recycling program through the implementation of
innovative recycling efforts that will increase the recycling rate
within that municipality.
(d) To expand recycling efforts by authorities established
under 1947 PA 179, MCL 123.301 to 123.311, or 1955 PA 233, MCL
124.281 to 124.294.
Sec. 11532d. (1) By the first day of every third month after
the month in which the recycling and solid waste surcharge is
initially assessed under section 11532a, money appropriated from
the recycling fund shall be distributed, but only as follows:
(a) The first $13,250,000.00 appropriated from the recycling
fund shall be distributed as follows:
(i) If counties are required to report recycling data to the
department under this part, $6,250.00 to each county to be used to
offset the cost of meeting the reporting requirements.
(ii) The remaining money to municipalities on a per capita
basis, subject to and to be used for the purposes described in
section 11532e.
(b) The next $1,662,500.00 appropriated from the recycling
fund shall be distributed to the department for all of the
following purposes:
(i) To provide recycling technical assistance, including, but
not limited to, gathering and disseminating information useful in
the development of market demand for recycled materials.
(ii) For the administration of the recycling fund and sections
11532a to 11532h.
(iii) To otherwise administer and enforce this part.
(c) The next $375,000.00 appropriated from the recycling fund
shall be distributed to counties through and for the purposes of
the grant program provided for in section 11547.
(d) Through the state fiscal year ending September 30, 2012,
the next $2,000,000.00 appropriated from the recycling fund shall
be distributed on a per capita basis to municipalities that, since
September 30, 2008, have directly provided curbside recycling
service, or have paid a contractor to provide such service free of
charge, at least every other week for some or all of the households
in that municipality.
(e) Through the state fiscal year ending September 30, 2012,
after the distributions under subdivisions (a) to (d), money
appropriated from the recycling fund shall be distributed to local
units of government that directly provide drop-off recycling
service, or pay a contractor to provide such service free of
charge. The amount distributed shall be $1,250.00 per drop-off
point maintained since September 30, 2008.
(f) Through the state fiscal year ending September 30, 2012,
the next $2,000,000.00, and for state fiscal years ending on or
after September 30, 2013, the next $4,250,000.00 to the market
development fund.
(g) After distributions under subdivisions (a) to (c), under
subdivisions (d) and (e), if applicable, and under subdivision (f),
85% of any remaining money appropriated from the recycling fund
shall be distributed to municipalities on a per capita basis and
15% shall be distributed to counties on a per capita basis. If
counties are required to report recycling data to the department
under this part, a county that fails to report the data is not
eligible
for a distribution under this subdivision.
(2) Money distributed under subsection (1)(d), (e), or (g)
shall be used to promote the health, safety, or welfare of the
citizens of the respective local unit of government.
(3) Funding provided to local units of government under this
section is in addition to, and not a substitute for, revenue
sharing or other statutory or constitutional funding obligations of
this state to local units of government.
(4) To be eligible for a distribution under this section, a
local unit of government shall, upon request, provide the
department with information the department considers necessary to
determine eligibility.
Sec. 11532e. (1) To qualify for a distribution under section
11532d(1)(a)(ii) during a state fiscal year, a municipality shall
meet all of the following requirements, as applicable:
(a) By the end of the preceding state fiscal year, the
municipality had a benchmark recycling program. This subdivision
applies to distributions on or after October 1, 2011 or, for a
municipality with a population of 124,000 or more, on or after
October 1, 2012.
(b) The municipality submits to the department on a form
provided by the department an agreement to use the distribution to
offset the costs of a recycling program, which may include planning
costs.
(2) A municipality that receives money under section
11532d(1)(a)(ii) shall do 1 or more of the following with the money:
(a) Pool the money with or transfer it to other local units or
an authority established under 1947 PA 179, MCL 123.301 to 123.311,
or 1955 PA 233, MCL 124.281 to 124.294, for multijurisdictional
recycling programs consistent with the requirements of this
section.
(b) Use the money to conduct or to pay contractors to conduct
recycling programs consistent with the requirements of this
section.
(3) If a municipality does not qualify for a distribution or
portion of a distribution under section 11532d(1)(a)(ii), the money
that would otherwise have been distributed to the municipality
shall be distributed as follows:
(a) To the county. To qualify for a distribution under this
subdivision, the county shall do both of the following, as
applicable:
(i) Submit to the department on a form provided by the
department an agreement to use the money anywhere in the county for
the purposes for which it would have been required to have been
used by the municipality.
(ii) If counties are required to report recycling data to the
department under this part, comply with the reporting requirement.
(b) If the county does not qualify for a distribution under
subdivision (a), to the market development fund.
Sec. 11532f. A benchmark recycling program is a recycling and
waste diversion program that meets all of the following
requirements, as applicable:
(a) For a municipality with a population greater than 10,000
or a population density greater than 300 per square mile, the
recycling program uses trucks and related equipment to collect
recyclable materials from the curbside or similar locations at
least every other week from each household in the municipality,
other than households in multifamily dwellings of 5 or more
dwelling units. At least 5 of the following materials shall be
collected in this manner:
(i) Clear glass.
(ii) Colored glass.
(iii) Aluminum, steel, and bimetallic cans.
(iv) Mixed residential paper.
(v) Newsprint.
(vi) Corrugated cardboard.
(vii) Magazines.
(viii) Boxboard.
(ix) HDPE and PETE.
(b) For a municipality with a population of 10,000 or less and
a population density of 300 or less per square mile, 1 of the
following applies:
(i) The recycling program meets the requirements of subdivision
(a).
(ii) The recycling program does not meet and has not met the
requirements of subdivision (a) but includes an easily accessible
drop-off collection point available to citizens not less than 24
hours per week where at least 5 of the materials listed in
subdivision (a) are collected.
(c) By ordinance, the municipality requires persons generating
yard clippings and other items prohibited from disposal in a
landfill under section 11514 to separate those items from other
solid waste for separate collection, composting, or other proper
management.
(d) The municipality conducts a comprehensive and sustained
public information and education program concerning recycling
program features and requirements. As part of this program, the
municipality shall, at least 30 days prior to the initiation of the
recycling program and at least annually thereafter, notify all
persons occupying residential, commercial, institutional, and
municipal premises in the municipality of the opportunities for
recycling in that municipality and the requirements for separation
and proper management of yard clippings and other items prohibited
from disposal in a landfill.
(e) The municipality adequately documents its recycling and
waste diversion program.
Sec. 11532h. (1) The recycling advisory council is created
within the department.
(2) The council shall consist of the director or his or her
designee and all of the following members appointed by the
governor:
(a) A representative of an organization of townships.
(b) A representative of an organization of cities and
villages.
(c) A representative of an organization of counties.
(d) A representative of a conservation or environmental
organization.
(e) A representative of a business that utilizes recycled
glass.
(f) A representative of a business that utilizes recycled
plastics.
(g) A representative of a business that utilizes recycled
paper.
(h) A representative of a recycling processing facility.
(i) A representative of an organization representing beverage
bottlers, wholesalers, and retailers.
(j) A representative of a public landfill operator.
(k) A representative of a private landfill operator.
(l) An officer or employee of a local unit of government
responsible for recycling in that local unit.
(m) A representative of a private company that provides
curbside recycling or drop-off collection point service to the
public.
(n) A representative of the general public.
(3) The members first appointed to the council shall be
appointed by April 1, 2012.
(4) Members of the council shall serve for the life of the
council.
(5) If a vacancy occurs on the council, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the council for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the council shall be called by the
director. At the first meeting, the council shall elect from among
its members a chairperson and other officers as it considers
necessary or appropriate. After the first meeting, the council
shall meet at least quarterly, or more frequently at the call of
the chairperson or if requested by 3 or more members.
(8) A majority of the members of the council constitute a
quorum for the transaction of business at a meeting of the council.
The affirmative vote of a majority of the members of the council is
required for official action of the council.
(9) The business that the council may perform shall be
conducted at a public meeting of the council held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the council in the performance of an official function
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(11) Members of the council shall serve without compensation.
The director or his or her designee on the council shall serve
without additional compensation. However, members of the council
may be reimbursed for their actual and necessary expenses incurred
in the performance of their official duties as members of the
council.
(12) By April 1, 2013, the council shall submit to the
governor and the legislature a report on its recommendations on
expanding and improving the efficiency of recycling in this state.
The report shall include recommendations on all of the following:
(a) Any changes in the distribution formula under section
11532d(1)(a) to take effect after September 30, 2014.
(b) The effectiveness of the grant program established in
section 11532c and recommendations as to whether the program should
be continued or expanded or otherwise changed.
(c) Any changes in the standards for a benchmark recycling
program to take effect after September 30, 2014, including, but not
limited to, recommendations concerning the following potential
changes:
(i) Increasing the number of materials that must be collected.
(ii) Requiring the collection of household hazardous waste.
(iii) Requiring a collection program for commercial generators
of recyclable solid waste.
(iv) Requiring a curbside recycling program described in
section 11532f(a) to provide service to households in multifamily
dwellings of 5 or more dwelling units.
(13) This section is repealed effective January 1, 2014.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5558(request no.
01126'09 *) of the 95th Legislature is enacted into law.