HB-5148, As Passed Senate, October 27, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5148

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 11511b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11511b. (1) A person may submit to the department a

project abstract for an RDDP. If, based on the project abstract,

the director determines that the RDDP will provide beneficial data

on alternative landfill design, construction, or operating methods,

the person may apply for a construction permit under section 11509,

including the renewal or modification of a construction permit,

authorizing the person to establish the RDDP.

     (2) An RDDP is subject to the same requirements, including,

but not limited to, permitting, construction, licensing, operation,

closure, postclosure, financial assurance, fees, and sanctions as

apply to other type II landfills or landfill units under this part

and the rules promulgated under this part, except as provided in

this section.

     (3) An extension of the processing period for the permit is

not subject to the 20% limitation under section 1307.

     (4) An application for an RDDP construction permit shall

include, in addition to the applicable information required in

other type II landfill construction permit applications, all of the

following:

     (a) A description of the RDDP goals.

     (b) Details of the design, construction, and operation of the

RDDP as necessary to ensure protection of human health and the

environment. The design shall be at least as protective of human

health and the environment as other designs that are required under

this part and rules promulgated under this part.

     (c) A list and discussion of the types of waste being disposed

of, excluded, or added, including the types and amount of liquids

being added and how their addition will benefit the RDDP.

     (d) A list and discussion of the types of compliance

monitoring and operational monitoring that will be performed.

     (e) Specific means to address potential nuisance conditions,

including, but not limited to, odors and health concerns as a

result of human contact.

     (5) The department may authorize the addition of liquids,

including, but not limited to, septage waste or other liquid waste,

to solid waste in an RDDP if the applicant has demonstrated that

the addition is necessary to accelerate or enhance the

biostabilization of the solid waste and is not merely a means of

disposal of the liquid. The department may require that the septage

waste, or any other liquid waste, added to an RDDP originate within

the county where the RDDP is located or any county contiguous to

the county where the RDDP is located. If an RDDP is intended to

accelerate or enhance biostabilization of solid waste, the

construction permit application shall include, in addition to the

requirements of subsection (4), all of the following:

     (a) An evaluation of the potential for a decreased slope

stability of the waste caused by any of the following:

     (i) Increased presence of liquids.

     (ii) Accelerated degradation of the waste.

     (iii) Increased gas pressure buildup.

     (iv) Other relevant factors.

     (b) An operations management plan that incorporates all of the

following:

     (i) A description of and the proportion and expected quantity

of all components that are needed to accelerate or enhance

biostabilization of the solid waste.

     (ii) A description of any solid or liquid waste that may be

detrimental to the biostabilization of the solid waste intended to

be disposed of or to the RDDP goals.

     (iii) An explanation of how the detrimental waste described in

subparagraph (ii) will be prevented from being disposed of in cells

approved for the RDDP.

     (c) Parameters, such as moisture content, stability, gas

production, and settlement, that will be used by the department to

determine when it will authorize postclosure of the RDDP under

subsection (10).

     (d) Information to ensure that the requirements of subsection

(6) will be met.

     (6) An RDDP shall meet all of the following requirements:

     (a) Ensure that added liquids are evenly distributed and that

side slope breakout of liquids is prevented.

     (b) Ensure that daily cover practices or disposal of low

permeability solid wastes does not adversely affect the free

movement of liquids and gases within the waste mass.

     (c) Include all of the following:

     (i) A means to monitor the moisture content and temperature of

the waste.

     (ii) A secondary liner and leachate collection system to

monitor the effectiveness of the primary liner.

     (iii) A leachate collection system of adequate size for the

anticipated increased liquid production rates. The design factor of

safety shall take into account the anticipated increased

operational temperatures and other factors as appropriate.

     (iv) A means to monitor the depth of leachate on the liner.

     (v) An integrated active gas collection system. The system

shall be of adequate size for the anticipated methane production

rates and to control odors. The system shall be operational before

the addition of any material to accelerate or enhance

biostabilization of the solid waste.

     (7) The owner or operator of an RDDP for which a construction

permit has been issued shall submit a report to the director at

least once every 12 months on the progress of the RDDP in achieving

its goals. The report shall include a summary of all monitoring and

testing results, as well as any other operating information

specified by the director in the permit or in a subsequent permit

modification or operating condition.

     (8) A permit for an RDDP shall specify its term, which shall

not exceed 3 years. However, the owner or operator of an RDDP may

apply for and the department may grant an extension of the term of

the permit, subject to all of the following requirements:

     (a) The application to extend the term of the permit must be

received by the department at least 90 days before the expiration

of the permit.

     (b) The application shall include a detailed assessment of the

RDDP showing the progress of the RDDP in achieving its goals, a

list of problems with the RDDP and progress toward resolving those

problems, and other information that the director determines is

necessary to accomplish the purposes of this part.

     (c) If the department fails to make a final decision within 90

days of receipt of an administratively complete application for an

extension of the term of a permit, the term of the permit is

considered extended for 3 years.

     (d) An individual extension shall not exceed 3 years, and the

total term of the permit with all extensions shall not exceed 12

years.

     (9) At any time the director determines that the overall goals

of an RDDP, including, but not limited to, protection of human

health or the environment, are not being achieved, the director may

order immediate termination of all or part of the operations of the

RDDP or may order other corrective measures.

     (10) The postclosure period for a facility authorized as an

RDDP begins when the department determines that the unit or portion

of the unit where the RDDP was authorized has reached a condition

similar to that which landfills that were not authorized as RDDPs

would reach prior to postclosure. The parameters, such as moisture

content, stability, gas production, and settlement, to attain this

condition shall be specified in the permit. The perpetual care fund

required under section 11525 shall be maintained for the period

after final closure of the landfill as specified under section

11525.

     (11) The director may authorize the conversion of an RDDP to a

full-scale operation if the owner or operator of the RDDP

demonstrates to the satisfaction of the director that the goals of

the RDDP have been met and the authorization does not constitute a

less stringent permitting requirement than is required under

subtitle D of the solid waste disposal act, 42 USC 6941 to 6949a.

     (12) As used in this section, "RDDP" means a research,

development, and demonstration project for a new or existing type

II landfill unit or for a lateral expansion of a type II landfill

unit.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 747.

     (b) House Bill No. 5149.