September 8, 2005, Introduced by Reps. Pavlov, Acciavatti, Jones, Booher, Palmer, Newell, Hildenbrand, Gillard and Pearce 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,"
(MCL 324.101 to 324.90106) by adding section 11511b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11511b. (1) Under section 11509, a person may apply for a
construction permit, including the renewal or modification of a
construction permit, authorizing the person to establish an RDDP.
(2) An RDDP is subject to the same requirements, including,
but not limited to, permitting, operation, closure, postclosure,
financial assurance, and fees, as apply to other type II landfills
or landfill units under part 13 and this part and the rules
promulgated under this part, except as provided in this section.
(3) An applicant for an RDDP construction permit may grant the
department an extension of the 120-day processing period under
section 1301.
(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. 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 biostabilization that will be
achieved.
(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 closure of the RDDP. The
parameters shall ensure that the condition of the waste is similar
to that of waste in a non-RDDP type II landfill when closure of the
non-RDDP type II landfill is authorized.
(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
within 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,
such as the use of piezometers.
(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.
(8) A permit for an RDDP shall expire 3 years after the date
of issuance. However, the owner or operator of an RDDP may apply
for and the department may grant an extension of the term of the
permit for not more than 3 additional years, 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.
(9) 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.
(10) 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.____ or House Bill No. 5149(request no.
04150'05 *).
(b) Senate Bill No. 747 or House Bill No.____ (request no.
04373'05).