July 12, 2017, Introduced by Senators HOPGOOD, JONES, GREGORY, HOOD, CONYERS and ROCCA and referred to the Committee on Natural Resources.
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 11131.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11131. (1) A person shall not deliver to a landfill for
disposal and the owner or operator of a landfill shall not permit
disposal in the landfill of technologically enhanced, naturally
occurring radioactive material unless the concentration of radium-
226, radium-228, or any combination of these does not exceed 50
picocuries per gram, averaged over any single container.
(2) Before delivering TENORM to a landfill for disposal, the
generator must provide the following information in writing to the
department's office of waste management and radiological
protection, or successor office:
(a) The concentration of radium-226, radium-228, or any
combination of radium-226 and radium-228 in the TENORM based on
(b) An estimate of the total volume of the TENORM.
(c) An estimate of the total radioactivity content of the
(d) The proposed date of delivery.
(e) The name and address of the landfill.
(3) The department may test TENORM proposed to be delivered to
a landfill under subsection (2).
(4) A landfill owner or operator shall test all waste received
by the landfill for radium-226, radium-228, or any combination of
radium-226 and radium-228. For each shipment of TENORM received by
a landfill, the landfill owner or operator shall record all of the
(a) The information described in subsection (2)(a) to (c), as
determined independently by the landfill.
(b) The name and address of the generator.
(c) The date of delivery.
(5) A landfill owner or operator shall annually report to the
department the information recorded under subsection (4).
(6) The owner or operator of a landfill shall not permit
disposal in the landfill of more than 2,000 cubic meters of TENORM
annually. TENORM shall be deposited at least 10 feet below the
bottom of the future landfill cap and kept separate from other
waste in the landfill.
(7) If the owner or operator of a landfill has permitted
disposal of TENORM in the landfill, the owner or operator shall
test the landfill leachate and groundwater for radium-226 and
radium-228 and report the test results to the department. The tests
shall be conducted and the results reported when leachate and
groundwater testing and reporting are otherwise required under the
landfill's operating license or rules promulgated under this part.
(8) As used in this section:
(a) "Landfill" means that term as defined in section 11103 or
a municipal solid waste landfill regulated under part 115.
(b) "Technologically enhanced, naturally occurring radioactive
material" or "TENORM" means naturally occurring radioactive
material with radionuclide concentrations that are increased by or
as a result of past or present human activities.
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
promoting the public health and welfare. The This 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
1978 PA 368, MCL 333.13801 to
(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
(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
(d) Regulated hazardous waste as defined in R 299.4104 of the
(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
(iii) Septage waste or other liquids approved for beneficial
addition under section 11511b.
(g) PCBs as defined in 40 CFR 761.3.
(h) Asbestos waste, unless the landfill complies with 40 CFR
(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) The disposal of technologically enhanced, naturally
occurring radioactive material in a landfill is subject to section
If the department determines that a
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 takes effect 90 days
after the date it is enacted into law.