September 7, 2005, Introduced by Senator GILBERT and referred to the Committee on Natural Resources and Environmental Affairs.
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. This
subdivision does not apply to green glass beverage containers
before June 1, 2007.
(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) (6)
If the department determines that a safe, sanitary,
and feasible alternative does not exist for the disposal of any
items described in subsection (2), 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.
(5) (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) Senate Bill No.____ or House Bill No.____ (request no.
03018'05 **).
(b) Senate Bill No. _____ or House Bill No. _____ (request no.
04150'05 *).