SB-0747, As Passed Senate, October 27, 2005

SUBSTITUTE FOR

SENATE BILL NO. 747

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11514 (MCL 324.11514), as amended by 2004 PA

34.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11514. (1)  The legislature declares that optimizing

Optimizing recycling opportunities and the reuse of materials shall

be a principal objective of the state's solid waste management

plan.  and further that recycling  Recycling and reuse of materials

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.

     (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.

     (b)  Subject to subsection (4), more  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 or infested.

     (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)  Liquid waste as prohibited by R 299.4432(2)(c) of the

Michigan administrative code.  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  section 761.3.

     (h) Asbestos waste, unless the landfill complies with 40 CFR

section 61.154.

     (4) Subsection (2)(b) does not apply to green glass beverage

containers before June 1, 2007. The department shall convene a task

force to make recommendations to the legislature on the special

recycling problems posed by green glass beverage containers,

including, but not limited to, whether the June 1, 2007 date for

applicability of subsection (2)(b) to green glass beverage

containers should be changed. The task force shall include, but

need not be limited to, all of the following:

     (a) A representative of the landfill industry.

     (b) A representative of a company that manufactures or uses

green glass beverage containers.

     (c) A representative of a recycling company.

     (d) A representative of an environmental organization.

     (5) The task force under subsection (4) shall issue its

recommendations by December 31, 2004.

     (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 or infested. 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)  (6) 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.

(6)  (7) As used in this section, "de minimis" means

incidental disposal of small amounts of these materials that are

commingled with other solid waste.

     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) House Bill No. 5148.

     (b) House Bill No. 5149.