May 10, 2005, Introduced by Reps. Espinoza, Kehrl, McDowell, Miller, Kathleen Law, Alma Smith, Tobocman, Angerer, Clack, Zelenko, Condino, Meisner, Brown, Spade, Donigan, Anderson, Lipsey, Byrum, Murphy, Ball and Kolb and referred to the Committee on Natural Resources, Great Lakes, Land Use, 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),
section 11502 as amended by 2004 PA 35, sections 11503 and 11506
as amended by 1998 PA 466, and section 11504 as amended by 1996
PA 359, and by adding sections 11532c, 11532d, 11532e, 11532f,
11532g, and 11532h; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 11502. (1) "Applicant" includes any person.
2 (2) "Ashes" means the residue from the burning of wood,
3 coal, coke, refuse, wastewater sludge, or other combustible
4 materials.
1 (3) "Benchmark recycling program" means a recycling program
2 as described in section 11532f.
3 (4) (3) "Beverage container" means an airtight
metal,
4 glass, paper, or plastic container, or a container composed of a
5 combination of these materials, which, at the time of sale,
6 contains 1 gallon or less of any of the following:
7 (a) A soft drink, soda water, carbonated natural or mineral
8 water, or other nonalcoholic carbonated drink.
9 (b) A beer, ale, or other malt drink of whatever alcoholic
10 content.
11 (c) A mixed wine drink or a mixed spirit drink.
12 (5) (4) "Bond" means a financial instrument
executed on a
13 form approved by the department, including a surety bond from a
14 surety company authorized to transact business in this state, a
15 certificate of deposit, a cash bond, an irrevocable letter of
16 credit, insurance, a trust fund, an escrow account, or a
17 combination of any of these instruments in favor of the
18 department. The owner or operator of a disposal area who is
19 required to establish a bond under other state or federal statute
20 may petition the department to allow such a bond to meet the
21 requirements of this part. The department shall approve a bond
22 established under other state or federal statute if the bond
23 provides equivalent funds and access by the department as other
24 financial instruments allowed by this subsection.
25 (6) (5) "Certificate of deposit" means a
negotiable
26 certificate of deposit held by a bank or other financial
27 institution regulated and examined by a state or federal agency,
1 the value of which is fully insured by an agency of the United
2 States government. A certificate of deposit used to fulfill the
3 requirements of this part shall be in the sole name of the
4 department with a maturity date of not less than 1 year and shall
5 be renewed not less than 60 days before the maturity date. An
6 applicant who uses a certificate of deposit as a bond shall
7 receive any accrued interest on that certificate of deposit upon
8 release of the bond by the department.
9 (7) (6) "Certified health department" means a city,
10 county, or district department of health that is specifically
11 delegated authority by the department to perform designated
12 activities as prescribed by this part.
13 (8) (7) "Coal or wood ash" means either or both of
the
14 following:
15 (a) The residue remaining after the ignition of coal or
16 wood, or both, and may include noncombustible materials,
17 otherwise referred to as bottom ash.
18 (b) The airborne residues from burning coal or wood, or
19 both, that are finely divided particles entrained in flue gases
20 arising from a combustion chamber, otherwise referred to as fly
21 ash.
22 (9) (8) "Collection center" means a tract of land,
23 building, unit, or appurtenance or combination thereof that is
24 used to collect junk motor vehicles and farm implements under
25 section 11530.
26 (10) (9) "Consistency review" means evaluation of
the
27 administrative and technical components of an application for a
1 permit, license, or for operating conditions in the course of
2 inspection, for the purpose of determining consistency with the
3 requirements of this part, rules promulgated under this part, and
4 approved plans and specifications.
5 (11) (10) "Corrective action" means the
investigation,
6 assessment, cleanup, removal, containment, isolation, treatment,
7 or monitoring of constituents, as defined in a facility's
8 approved hydrogeological monitoring plan, released into the
9 environment from a disposal area, or the taking of other actions
10 related to the release as may be necessary to prevent, minimize,
11 or mitigate injury to the public health, safety, or welfare, the
12 environment, or natural resources that is consistent with
13 subtitle D of the solid waste disposal act, title II of Public
14 Law 89-272, 42 U.S.C. 6941 and 6942 to 42 USC 6941 to 6949a or
15 regulations promulgated pursuant to that act thereunder.
16 Sec. 11503. (1) "Department" means the department of
17 environmental quality.
18 (2) "Development fund" means the recycling market
19 development fund created in section 11532c.
20 (3) (2) "Director" means the director of the
department.
21 (4) (3) "Discharge" includes, but is not limited
to, any
22 spilling, leaking, pumping, pouring, emitting, emptying,
23 discharging, injecting, escaping, leaching, dumping, or disposing
24 of a substance into the environment which is or may become
25 injurious to the public health, safety, or welfare, or to the
26 environment.
27 (5) (4) "Disposal area" means 1 or more of the
following
1 at a location as defined by the boundary identified in its
2 construction permit or engineering plans approved by the
3 department:
4 (a) A solid waste transfer facility.
5 (b) Incinerator.
6 (c) Sanitary landfill.
7 (d) Processing plant.
8 (e) Other solid waste handling or disposal facility utilized
9 in the disposal of solid waste.
10 (6) (5) "Enforceable mechanism" means a legal
method
11 whereby the state, a county, a municipality, or a person is
12 authorized to take action to guarantee compliance with an
13 approved county solid waste management plan. Enforceable
14 mechanisms include contracts, intergovernmental agreements, laws,
15 ordinances, rules, and regulations.
16 (7) (6) "Escrow account"
means an account managed by a
17 bank or other financial institution whose account operations are
18 regulated and examined by a federal or state agency and which
19 complies with section 11523b.
20 (8) (7) "Financial assurance" means the mechanisms
used to
21 demonstrate that the funds necessary to meet the cost of closure,
22 postclosure maintenance and monitoring, and corrective action
23 will be available whenever they are needed.
24 (9) (8) "Financial test" means a corporate or
local
25 government financial test or guarantee approved for type II
26 landfills under subtitle D of the solid waste disposal act,
27 title II of Public Law 89-272, 42 U.S.C. 6941 and 6942 to 42 USC
1 6941 to 6949a. An owner or operator may use a single financial
2 test for more than 1 facility. Information submitted to the
3 department to document compliance with the test shall include a
4 list showing the name and address of each facility and the amount
5 of funds assured by the test for each facility. For purposes of
6 the financial test, the owner or operator shall aggregate the sum
7 of the closure, postclosure, and corrective action costs it seeks
8 to assure with any other environmental obligations assured by a
9 financial test under state or federal law.
10 (10) (9) "Food processing residuals" means any of
the
11 following:
12 (a) Residuals of fruits, vegetables, aquatic plants, or
13 field crops.
14 (b) Otherwise unusable parts of fruits, vegetables, aquatic
15 plants, or field crops from the processing thereof.
16 (c) Otherwise unusable food products which do not meet size,
17 quality, or other product specifications and which were intended
18 for human or animal consumption.
19 (11) (10) "Garbage" means rejected food wastes
including
20 waste accumulation of animal, fruit, or vegetable matter used or
21 intended for food or that attends the preparation, use, cooking,
22 dealing in, or storing of meat, fish, fowl, fruit, or vegetable
23 matter.
24 (11) "Scrap wood" means wood or wood product that is 1
or
25 more of the following:
26 (a) Plywood, pressed board, oriented strand board, or any
27 other wood or wood product mixed with glue or filler.
1 (b) Wood or wood product treated with creosote or
2 pentachlorophenol.
3 (c) Any other wood or wood product designated as scrap wood
4 in rules promulgated by the department.
5 (12) "Treated wood" means wood or wood product that has
been
6 treated with 1 or more of the following:
7 (a) Chromated copper arsenate (CCA).
8 (b) Ammoniacal copper quat (ACQ).
9 (c) Ammoniacal copper zinc arsenate (ACZA).
10 (d) Any other chemical designated in rules promulgated by
11 the department.
12 (13) "Wood" means trees, branches, bark, lumber,
pallets,
13 wood chips, sawdust, or other wood or wood product but does not
14 include scrap wood, treated wood, painted wood or painted wood
15 product, or any wood or wood product that has been contaminated
16 during manufacture or use.
17 Sec. 11504. (1) "HDPE" means that term as defined in section
18 16101.
19
(2) (1) "Health
officer" means a full-time administrative
20 officer of a certified city, county, or district department of
21 health.
22 (3) (2) "Inert material" means a substance that
will not
23 decompose, dissolve, or in any other way form a contaminated
24 leachate upon contact with water, or other liquids determined by
25 the department as likely to be found at the disposal area,
26 percolating through the substance.
27 (4) (3) "Insurance" means insurance that conforms
to the
1 requirements of 40 C.F.R. CFR
258.74(d) provided by an insurer
2 who has a certificate of authority from the Michigan commissioner
3 of insurance to sell this line of coverage. An applicant for an
4 operating license shall submit evidence of the required coverage
5 by submitting both of the following to the department:
6 (a) A certificate of insurance that uses wording approved by
7 the department.
8 (b) A certified true and complete copy of the insurance
9 policy.
10 (5) (4) "Landfill" means a disposal area that is a
11 sanitary landfill.
12 (6) (5) "Letter of credit" means an irrevocable
letter of
13 credit that complies with 40
C.F.R. CFR 258.74(c).
14 (7) "Local unit of government" means a municipality or
15 county.
16 (8) (6) "Medical waste" means that term as it is
defined
17 in part 138 section
13805 of the public health code, Act
No.
18 378 of the Public Acts of 1978, being sections 333.13801 to
19 333.13831 of the Michigan Compiled Laws 1978 PA 368, MCL
20 333.13805.
21 (9) (7) "Municipal solid waste incinerator" means
an
22 incinerator that is owned or operated by any person, and meets
23 all of the following requirements:
24 (a) The incinerator receives solid waste from off site and
25 burns only household waste from single and multiple dwellings,
26 hotels, motels, and other residential sources, or this household
27 waste together with solid waste from commercial, institutional,
1 municipal, county, or industrial sources that, if disposed of,
2 would not be required to be placed in a disposal facility
3 licensed under part 111.
4 (b) The incinerator has established contractual requirements
5 or other notification or inspection procedures sufficient to
6 assure that the incinerator receives and burns only waste
7 referred to in subdivision (a).
8 (c) The incinerator meets the requirements of this part and
9 the rules promulgated under this part.
10 (d) The incinerator is not an industrial furnace as defined
11 in 40 C.F.R. CFR 260.10.
12 (e) The incinerator is not an incinerator that receives and
13 burns only medical waste or only waste produced at 1 or more
14 hospitals.
15 (10) (8) "Municipal solid waste incinerator ash"
means the
16 substances remaining after combustion in a municipal solid waste
17 incinerator.
18 (11) "Municipality" means a city, village, or township.
19 (12) (9) "Perpetual care fund" means a perpetual
care fund
20 provided for in section 11525.
21 (10) "Trust fund" means a trust fund held by a trustee
which
22 has the authority to act as a trustee and whose trust operations
23 are regulated and examined by a federal or state agency. A trust
24 fund shall comply with section 11523b.
25 (13) "PETE" means that term as defined in section 16101.
26 Sec. 11505. (1) "Recyclable materials" means source
27 separated materials, site separated materials, high grade paper,
1 glass, metal, plastic, aluminum, newspaper, corrugated paper,
2 yard clippings, and other materials that may be recycled or
3 composted.
4 (2) "Recycling fund" means the recycling and waste diversion
5 fund created in section 11532b.
6 (3) (2) "Regional solid waste management planning
agency"
7 means the regional solid waste planning agency designated by the
8 governor pursuant to section 4006 of subtitle D of the solid
9 waste disposal act, title II of Public Law 89-272, 42 U.S.C. 42
10 USC 6946.
11 (4) (3) "Resource recovery facility" means
machinery,
12 equipment, structures, or any parts or accessories of machinery,
13 equipment, or structures, installed or acquired for the primary
14 purpose of recovering materials or energy from the waste stream.
15 (5) (4) "Response activity" means an activity that
is
16 necessary to protect the public health, safety, welfare, or the
17 environment, and includes, but is not limited to, evaluation,
18 cleanup, removal, containment, isolation, treatment, monitoring,
19 maintenance, replacement of water supplies, and temporary
20 relocation of people.
21 (6) (5) "Rubbish" means nonputrescible solid
waste,
22 excluding ashes, consisting of both combustible and
23 noncombustible waste, including paper, cardboard, metal
24 containers, yard clippings, wood, glass, bedding, crockery,
25 demolished building materials, or litter of any kind that may be
26 a detriment to the public health and safety.
27 (7) (6) "Salvaging" means the lawful and
controlled
1 removal of reusable materials from solid waste.
2 (8) "Scrap wood" means wood or wood product that is 1 or
3 more of the following:
4 (a) Plywood, pressed board, oriented strand board, or any
5 other wood or wood product mixed with glue or filler.
6 (b) Wood or wood product treated with creosote or
7 pentachlorophenol.
8 (c) Any other wood or wood product designated as scrap wood
9 in rules promulgated by the department.
10 (9) (7) "Site separated material" means glass,
metal,
11 wood, paper products, plastics, rubber, textiles, garbage, yard
12 clippings, or any other material approved by the department that
13 is separated from solid waste for the purpose of conversion into
14 raw materials or new products. Site separated material does not
15 include the residue remaining after glass, metal, wood, paper
16 products, plastics, rubber, textiles, or any other material
17 approved by the department is separated from solid waste.
18 (10) (8) "Slag" means the nonmetallic product
resulting
19 from melting or smelting operations for iron or steel.
20 Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,
21 incinerator ash, incinerator residue, street cleanings, municipal
22 and industrial sludges, solid commercial and solid industrial
23 waste, and animal waste other than organic waste generated in the
24 production of livestock and poultry. Solid waste does not include
25 the following:
26 (a) Human body waste.
27 (b) Medical waste. as it is defined in part 138 of the
1 public health code, 1978 PA 368, MCL 333.13801 to 333.13831, and
2 regulated under that part and part 55.
3 (c) Organic waste generated in the production of livestock
4 and poultry.
5 (d) Liquid waste.
6 (e) Ferrous or nonferrous scrap directed to a scrap metal
7 processor or to a reuser of ferrous or nonferrous products.
8 (f) Slag or slag products directed to a slag processor or to
9 a reuser of slag or slag products.
10 (g) Sludges and ashes managed as recycled, or nondetrimental
11 materials appropriate for agricultural or silvicultural use
12 pursuant to a plan approved by the department. Food processing
13 residuals; wood ashes resulting solely from a source that burns
14 only wood that is untreated and inert; lime from kraft pulping
15 processes generated prior to bleaching; or aquatic plants may be
16 applied on, or composted and applied on, farmland or forestland
17 for an agricultural or silvicultural purpose, or used as animal
18 feed, as appropriate, and such an application or use does not
19 require a plan described in this subdivision or a permit or
20 license under this part. In addition, source separated materials
21 approved by the department for land application for agricultural
22 and silvicultural purposes and compost produced from those
23 materials may be applied to the land for agricultural and
24 silvicultural purposes and such an application does not require a
25 plan described in this subdivision or permit or license under
26 this part. Land application authorized under this subdivision for
27 an agricultural or silvicultural purpose, or use as animal feed,
1 as provided for in this subdivision shall occur in a manner that
2 prevents losses from runoff and leaching, and if applied to land,
3 the land application shall be at an agronomic rate consistent
4 with generally accepted agricultural and management practices
5 under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to
6 286.474.
7 (h) Materials approved for emergency disposal by the
8 department.
9 (i) Source separated materials.
10 (j) Site separated material.
11 (k) Fly ash or any other ash produced from the combustion of
12 coal, when used in the following instances:
13 (i) With a maximum of 6% of unburned carbon as a component of
14 concrete, grout, mortar, or casting molds.
15 (ii) With a maximum of 12% unburned carbon passing M.D.O.T.
16 test method MTM 101 when used as a raw material in asphalt for
17 road construction.
18 (iii) As aggregate, road, or building material which in
19 ultimate use will be stabilized or bonded by cement, limes, or
20 asphalt.
21 (iv) As a road base or construction fill that is covered with
22 asphalt, concrete, or other material approved by the department
23 and which is placed at least 4 feet above the seasonal
24 groundwater table.
25 (v) As the sole material in a depository designed to
26 reclaim, develop, or otherwise enhance land, subject to the
27 approval of the department. In evaluating the site, the
1 department shall consider the physical and chemical properties of
2 the ash including leachability, and the engineering of the
3 depository, including, but not limited to, the compaction,
4 control of surface water and groundwater that may threaten to
5 infiltrate the site, and evidence that the depository is designed
6 to prevent water percolation through the material.
7 (l) Other wastes regulated by statute.
8 (2) "Solid waste hauler" means a person who owns or operates
9 a solid waste transporting unit.
10 (3) "Solid waste processing plant" means a tract of land,
11 building, unit, or appurtenance of a building or unit or a
12 combination of land, buildings, and units that is used or
13 intended for use for the processing of solid waste or the
14 separation of material for salvage or disposal, or both, but does
15 not include a plant engaged primarily in the acquisition,
16 processing, and shipment of ferrous or nonferrous metal scrap, or
17 a plant engaged primarily in the acquisition, processing, and
18 shipment of slag or slag products.
19 (4) "Solid waste transporting unit" means a container that
20 may be an integral part of a truck or other piece of equipment
21 used for the transportation of solid waste.
22 (5) "Solid waste transfer facility" means a tract of land, a
23 building and any appurtenances, or a container, or any
24 combination of land, buildings, or containers that is used or
25 intended for use in the rehandling or storage of solid waste
26 incidental to the transportation of the solid waste, but is not
27 located at the site of generation or the site of disposal of the
1 solid waste.
2 (6) "Source separated material" means glass, metal, wood,
3 paper products, plastics, rubber, textiles, garbage, yard
4 clippings, or any other material approved by the department that
5 is separated at the source of generation for the purpose of
6 conversion into raw materials or new products including, but not
7 limited to, compost.
8 (7) "Treated wood" means wood or wood product that has been
9 treated with 1 or more of the following:
10 (a) Chromated copper arsenate (CCA).
11 (b) Ammoniacal copper quat (ACQ).
12 (c) Ammoniacal copper zinc arsenate (ACZA).
13 (d) Any other chemical designated in rules promulgated by
14 the department.
15 (8) "Trust fund" means a trust fund held by a trustee which
16 has the authority to act as a trustee and whose trust operations
17 are regulated and examined by a federal or state agency. A trust
18 fund shall comply with section 11523b.
19 (9) "Wood" means trees, branches, bark, lumber, pallets,
20 wood chips, sawdust, or other wood or wood product but does not
21 include scrap wood, treated wood, painted wood or painted wood
22 product, or any wood or wood product that has been contaminated
23 during manufacture or use.
24 (10) (7) "Yard clippings" means leaves, grass
clippings,
25 vegetable or other garden debris, shrubbery, or brush or tree
26 trimmings, less than 4 feet in length and 2 inches in diameter,
27 that can be converted to compost humus. Yard clippings do not
1 include stumps, agricultural wastes, animal waste, roots, sewage
2 sludge, or garbage.
3 Sec. 11532c. (1) The recycling market development fund is
4 created within the state treasury.
5 (2) The state treasurer may receive money or other assets
6 from any source for deposit into the development fund. The state
7 treasurer shall direct the investment of the development fund.
8 The state treasurer shall credit to the fund interest and
9 earnings from development fund investments.
10 (3) Money in the development fund at the close of the fiscal
11 year shall remain in the development fund, except as provided in
12 subsection (5), and shall not lapse to the general fund.
13 (4) If the development fund accumulates, at any time before
14 October 1, 2008, $1,000,000.00, the department shall expend money
15 from the development fund, upon appropriation, for grants or
16 other incentives to private or public entities to expand markets
17 for recycled materials in this state.
18 (5) If the development fund does not accumulate, at any time
19 before October 1, 2008, $1,000,000.00, then at the end of each
20 state fiscal year beginning with the 2008-2009 state fiscal year,
21 the balance in the development fund shall be transferred to the
22 recycling fund to be used to augment distributions under section
23 11532d(1)(a)(ii).
24 Sec. 11532d. (1) Each state fiscal year, money appropriated
25 from the recycling fund shall be distributed as follows:
26 (a) The first $53,000,000.00 appropriated from the recycling
27 fund shall be distributed as follows:
1 (i) Subject to section 11532c(5), $15,000.00 to each county
2 to be used to offset the cost of meeting reporting requirements
3 under section 11532g.
4 (ii) The remaining money to municipalities on a per capita
5 basis, subject to and to be used for the purposes described in
6 section 11532e.
7 (b) The next $2,000,000.00 appropriated from the recycling
8 fund shall be distributed to the department for all of the
9 following purposes:
10 (i) To provide recycling technical assistance, including, but
11 not limited to, gathering and disseminating information useful in
12 the development of market demand for recycled materials.
13 (ii) For the administration of the recycling fund and
14 sections 11532a to 11532h.
15 (iii) To fund full-time equated positions, in addition to
16 those funded by fees and surcharges under section 11525a, to
17 conduct inspections, carry out the department's responsibilities
18 with respect to county solid waste management planning, and
19 otherwise administer and enforce this part.
20 (c) The next $1,500,000.00 appropriated from the recycling
21 fund shall be distributed to counties through and for the
22 purposes of the grant program provided for in section 11547.
23 (d) Through the state fiscal year ending September 30, 2010,
24 the next $8,000,000.00 appropriated from the recycling fund shall
25 be distributed on a per capita basis to municipalities that,
26 since September 30, 2005, have directly provided curbside
27 recycling service, or have paid a contractor to provide such
1 service free of charge, at least every other week for households
2 in that municipality to which curbside recycling service is
3 available.
4 (e) Through the state fiscal year ending September 30, 2010,
5 after the distributions under subdivisions (a) to (d), money
6 appropriated from the recycling fund shall be distributed to
7 local units of government that directly provide drop-off
8 recycling service, or pay a contractor to provide such service
9 free of charge. The amount distributed shall be $5,000.00 per
10 drop-off point maintained since on or before September 30, 2005.
11 (f) After distributions under subdivisions (a) to (c) and,
12 if applicable, (d) and (e), any remaining money appropriated from
13 the recycling fund shall be distributed as follows:
14 (i) 85% on a per capita basis to municipalities. Of the money
15 distributed under this subparagraph, each municipality shall
16 receive $3.75 per capita. The balance of the money distributed
17 under this subparagraph shall be distributed pursuant to the
18 following formula:
19 (A) Determine the population weight factor for each
20 municipality as follows:
21 population population weight factor
22 10,000 or less 1
23 10,001 to 40,000 2
24 40,001 to 80,000 3
25 more than 80,000 4
26 (B) Determine the adjusted population for each municipality
1 by multiplying its population weight factor as determined under
2 sub-subparagraph (A) by its population.
3 (C) Determine the total statewide adjusted population by
4 adding the adjusted populations for all municipalities.
5 (D) Determine the population payment rate by dividing the
6 total amount of money to be distributed pursuant to this formula
7 by the total statewide adjusted population as determined under
8 sub-subparagraph (C).
9 (E) Determine the distribution to each municipality by
10 multiplying the population payment rate as determined under sub-
11 subparagraph (D) by the adjusted population for that municipality
12 as determined under sub-subparagraph (B).
13 (ii) Subject to section 11532g, 15% on a per capita basis to
14 counties.
15 (2) Money distributed under subsection (1)(d), (e), or (f)
16 shall be used to promote the health, safety, or welfare of the
17 citizens of the respective local unit of government.
18 Sec. 11532e. (1) To qualify for a distribution under section
19 11532d(1)(a)(ii) during a state fiscal year, a municipality shall
20 meet all of the following requirements, as applicable:
21 (a) By the end of the preceding state fiscal year, the
22 municipality had a benchmark recycling program. This subdivision
23 applies beginning October 1, 2007 or, for a municipality with a
24 population of 124,000 or more, beginning October 1, 2008.
25 (b) The municipality submits to the department on a form
26 provided by the department an agreement to use the distribution
27 to offset the costs of a recycling program, which may include
1 planning costs.
2 (c) If the municipality received a distribution under
3 section 11532d(1)(a)(ii) in the preceding state fiscal year, the
4 municipality, by November 15 of the current state fiscal year,
5 submits to the county information necessary for the preparation
6 of the county waste diversion report under section 11532g.
7 (2) A municipality that receives money under section
8 11532d(1)(a)(ii) shall do 1 or more of the following with the
9 money:
10 (a) Pool the money with or transfer it to other local units
11 or an authority established under 1947 PA 179, MCL 123.301 to
12 123.311, or 1955 PA 233, MCL 124.281 to 124.294, for
13 multijurisdictional recycling programs consistent with the
14 requirements of this section.
15 (b) Use the money to conduct or to pay contractors to
16 conduct recycling programs consistent with the requirements of
17 this section.
18 (3) If a municipality does not qualify for a distribution or
19 portion of a distribution under section 11532d(1)(a)(ii), the
20 money that would otherwise have been distributed to the
21 municipality shall be distributed as follows:
22 (a) To the county, subject to section 11532g. To qualify for
23 a distribution under this subdivision, the county shall submit to
24 the department on a form provided by the department an agreement
25 to use the money anywhere in the county for the purposes for
26 which it would have been required to have been used by the
27 municipality.
1 (b) If the county does not qualify for a distribution under
2 subdivision (a), to the development fund.
3 Sec. 11532f. A benchmark recycling program is a recycling
4 and waste diversion program that meets all of the following
5 requirements, as applicable:
6 (a) For a municipality with a population greater than 10,000
7 or a population density greater than 300 per square mile, the
8 recycling program uses trucks and related equipment to collect
9 recyclable materials from the curbside or similar locations at
10 least every other week from each household in the municipality,
11 other than households in multifamily dwellings of 5 or more
12 dwelling units. The material collected in this manner shall
13 include at least 5 of the following items:
14 (i) Clear glass.
15 (ii) Colored glass.
16 (iii) Aluminum, steel, and bimetallic cans.
17 (iv) Mixed residential paper.
18 (v) Newsprint.
19 (vi) Corrugated cardboard.
20 (vii) Magazines.
21 (viii) Boxboard.
22 (ix) HDPE and PETE.
23 (b) For a municipality with a population of 10,000 or less
24 and a population density of 300 or less per square mile, 1 of the
25 following applies:
26 (i) The recycling program meets the requirements of
27 subdivision (a).
1 (ii) The recycling program does not meet and has not met the
2 requirements of subdivision (a) but includes an easily accessible
3 drop-off collection point available to citizens not less than 8
4 hours per week.
5 (c) By ordinance, the municipality requires persons
6 generating yard clippings and other items prohibited from
7 disposal in a landfill under section 11514 to separate those
8 items from other solid waste for separate collection, composting,
9 or other proper management.
10 (d) The municipality conducts a comprehensive and sustained
11 public information and education program concerning recycling
12 program features and requirements. As part of this program, the
13 municipality shall, at least 30 days prior to the initiation of
14 the recycling program and at least annually thereafter, notify
15 all persons occupying residential, commercial, institutional, and
16 municipal premises in the municipality of the opportunities for
17 recycling in that municipality and the requirements for
18 separation and proper management of yard clippings and other
19 items prohibited from disposal in a landfill.
20 (e) The municipality adequately documents its recycling and
21 waste diversion program, including submission of the information
22 necessary for the county recycling and waste diversion reports to
23 meet the requirements of section 11532g.
24 Sec. 11532g. By December 31 of each year, each county shall
25 submit to the department a recycling and waste diversion report.
26 The report shall be submitted in the manner and shall contain the
27 information required by the department describing progress in
1 recycling and waste diversion during the previous state fiscal
2 year. In reporting progress, the county shall use a standard
3 methodology for measuring recycling rates consistent with the
4 methodology used by the United States environmental protection
5 agency as specified by the department. A county that fails to
6 submit a complete recycling and waste diversion report to the
7 department as provided in this section does not qualify for a
8 distribution under section 11532d(1)(a)(i) or (f)(ii) or
9 11532e(3)(a) until the complete waste diversion report is
10 submitted.
11 Sec. 11532h. (1) The recycling advisory council is created
12 within the department.
13 (2) The council shall consist of the director or his or her
14 designee and all of the following members appointed by the
15 governor:
16 (a) A representative of an organization of townships.
17 (b) A representative of an organization of cities and
18 villages.
19 (c) A representative of an organization of counties.
20 (d) A representative of a conservation or environmental
21 organization.
22 (e) A representative of a business that utilizes recycled
23 glass.
24 (f) A representative of a business that utilizes recycled
25 plastics.
26 (g) A representative of a business that utilizes recycled
27 paper.
1 (h) A representative of a recycling processing facility.
2 (i) A representative of an organization representing
3 beverage bottlers, wholesalers, and retailers.
4 (j) A representative of a public landfill operator.
5 (k) A representative of a private landfill operator.
6 (l) An officer or employee of a local unit of government
7 responsible for recycling in that local unit.
8 (m) A representative of a private company that provides
9 curbside recycling or drop-off collection point service to the
10 public.
11 (n) A representative of the general public.
12 (3) The members first appointed to the council shall be
13 appointed by April 1, 2008.
14 (4) Members of the council shall serve for the life of the
15 council.
16 (5) If a vacancy occurs on the council, the governor shall
17 make an appointment for the unexpired term in the same manner as
18 the original appointment.
19 (6) The governor may remove a member of the council for
20 incompetency, dereliction of duty, malfeasance, misfeasance, or
21 nonfeasance in office, or any other good cause.
22 (7) The first meeting of the council shall be called by the
23 director. At the first meeting, the council shall elect from
24 among its members a chairperson and other officers as it
25 considers necessary or appropriate. After the first meeting, the
26 council shall meet at least quarterly, or more frequently at the
27 call of the chairperson or if requested by 3 or more members.
1 (8) A majority of the members of the council constitute a
2 quorum for the transaction of business at a meeting of the
3 council. The affirmative vote of a majority of the members of the
4 council is required for official action of the council.
5 (9) The business that the council may perform shall be
6 conducted at a public meeting of the council held in compliance
7 with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
8 (10) A writing prepared, owned, used, in the possession of,
9 or retained by the council in the performance of an official
10 function is subject to the freedom of information act, 1976 PA
11 442, MCL 15.231 to 15.246.
12 (11) Members of the council shall serve without
13 compensation. The director or his or her designee on the council
14 shall serve without additional compensation. However, members of
15 the council may be reimbursed for their actual and necessary
16 expenses incurred in the performance of their official duties as
17 members of the council.
18 (12) By April 1, 2009, the council shall submit to the
19 governor and the legislature a report on its recommendations on
20 expanding and improving the efficiency of recycling in this
21 state. The report shall include recommendations on all of the
22 following:
23 (a) Any changes in the distribution formula under section
24 11532d(1)(a), (d), and (e) to take effect after September 30,
25 2010.
26 (b) Whether and to what extent the recycling fund and the
27 development fund should be used to expand markets for recycled
1 materials.
2 (c) Any changes in the standards for a benchmark recycling
3 program to take effect after September 30, 2010 including, but
4 not limited to, recommendations concerning the following
5 potential changes:
6 (i) Increasing the number of materials that must be
7 collected.
8 (ii) Requiring the collection of household hazardous waste.
9 (iii) Requiring a collection program for commercial generators
10 or recyclable solid waste.
11 (iv) Requiring a curbside recycling program described in
12 section 11532f(a) to provide service to households in multifamily
13 dwellings of 5 or more dwelling units.
14 (13) This section is repealed effective January 1, 2010.
15 Enacting section 1. This amendatory act does not take effect
16 unless Senate Bill No.____ or House Bill No. 4758(request no.
17 01681'05) of the 93rd Legislature is enacted into law.