September 18, 2008, Introduced by Reps. Byrnes, Warren, Constan, Valentine, Bauer, Byrum and Young and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11503, 11514, and 11539 (MCL 324.11503,
324.11514, and 324.11539), sections 11503 and 11514 as amended by
2007 PA 212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11503. (1) "Department" means the department of
environmental quality.
(2) "Director" means the director of the department.
(3) "Discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing of a substance
into
the environment which that
is or may become injurious to the
public health, safety, or welfare, or to the environment.
(4) "Disposal area" means 1 or more of the following at a
location as defined by the boundary identified in its construction
permit or engineering plans approved by the department:
(a) A solid waste transfer facility.
(b)
Incinerator An incinerator.
(c)
Sanitary A sanitary landfill.
(d)
Processing A processing plant.
(e)
Other Another solid waste handling or disposal facility
utilized in the disposal of solid waste.
(5) "Enforceable mechanism" means a legal method whereby the
state, a county, a municipality, or a person is authorized to take
action to guarantee compliance with an approved county solid waste
management plan. Enforceable mechanisms include contracts,
intergovernmental agreements, laws, ordinances, rules, and
regulations.
(6) "Escrow account" means an account managed by a bank or
other financial institution whose account operations are regulated
and
examined by a federal or state agency and which that complies
with section 11523b.
(7) "Financial assurance" means the mechanisms used to
demonstrate that the funds necessary to meet the cost of closure,
postclosure maintenance and monitoring, and corrective action will
be available whenever they are needed.
(8) "Financial test" means a corporate or local government
financial test or guarantee approved for type II landfills under
subtitle
D of the solid waste disposal act, title II of Public Law
89-272,
42 U.S.C. 6941 and 6942 to 6949a 40
CFR part 258. An owner
or operator may use a single financial test for more than 1
facility. Information submitted to the department to document
compliance with the test shall include a list showing the name and
address of each facility and the amount of funds assured by the
test for each facility. For purposes of the financial test, the
owner or operator shall aggregate the sum of the closure,
postclosure, and corrective action costs it seeks to assure with
any other environmental obligations assured by a financial test
under state or federal law.
(9) "Food processing residuals" means any of the following:
(a) Residuals of fruits, vegetables, aquatic plants, or field
crops.
(b) Otherwise unusable parts of fruits, vegetables, aquatic
plants, or field crops from the processing thereof.
(c)
Otherwise unusable food products which that do not meet
size,
quality, or other product specifications and which that were
intended for human or animal consumption.
(10) "Garbage" means rejected food wastes including waste
accumulation of animal, fruit, or vegetable matter used or intended
for food or that attends the preparation, use, cooking, dealing in,
or storing of meat, fish, fowl, fruit, or vegetable matter.
(11) "Labeled mercury-added product" means a mercury-added
product labeled as provided in section 17208.
(12) "Mercury-added product" means that term as defined in
section 17201.
(13) (11)
"Scrap wood" means wood
or wood product that is 1 or
more of the following:
(a) Plywood, pressed board, oriented strand board, or any
other wood or wood product mixed with glue or filler.
(b) Wood or wood product treated with creosote or
pentachlorophenol.
(c) Any other wood or wood product designated as scrap wood in
rules promulgated by the department.
(14) (12)
"Treated wood" means wood
or wood product that has
been treated with 1 or more of the following:
(a) Chromated copper arsenate (CCA).
(b) Ammoniacal copper quat (ACQ).
(c) Ammoniacal copper zinc arsenate (ACZA).
(d) Any other chemical designated in rules promulgated by the
department.
(15) (13)
"Wood" means trees,
branches, bark, lumber, pallets,
wood chips, sawdust, or other wood or wood product but does not
include scrap wood, treated wood, painted wood or painted wood
product, or any wood or wood product that has been contaminated
during manufacture or use.
Sec. 11514. (1) Optimizing recycling opportunities and the
reuse
of materials shall be a principal objective of the this
state's solid waste management plan. 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) 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, infested, or composed of invasive species as
authorized by section 11521(1)(i).
(e) Beginning January 1, 2010, a mercury-added product.
(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) 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 761.3.
(h) Asbestos waste, unless the landfill complies with 40 CFR
61.154.
(i) Beginning January 1, 2010, mercury or a mercury compound.
This subdivision does not apply to mercury or a mercury compound in
a mercury-added product that is not a labeled mercury-added
product.
(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, infested, or composed of
invasive species as authorized by section 11521(1)(i). 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) Beginning January 1, 2010, a person shall not deliver to
an incinerator for disposal, or, if the person is an owner or
operator of an incinerator, permit disposal at the incinerator of,
a labeled mercury-added product.
(6) (5)
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.
Sec. 11539. (1) The director shall not approve a plan update
unless:
(a) The plan contains an analysis or evaluation of the best
available information applicable to the plan area in regard to
recyclable materials and all of the following:
(i) The kind and volume of material in the plan area's waste
stream that may be recycled or composted.
(ii) How various factors do or may affect a recycling and
composting program in the plan area. Factors shall include an
evaluation of the existing solid waste collection system; materials
market; transportation networks; local composting and recycling
support
groups; , or both; institutional
arrangements; the
population in the plan area; and other pertinent factors.
(iii) An identification of impediments to implementing a
recycling and composting program and recommended strategies for
removing or minimizing impediments.
(iv) How recycling and composting and other processing or
disposal methods could complement each other and an examination of
the feasibility of excluding site separated material and source
separated material from other processing or disposal methods.
(v) Identification and quantification of environmental,
economic, and other benefits that could result from the
implementation of a recycling and composting program.
(vi) The feasibility of source separation of materials that
contain
potentially hazardous components at disposal areas. This
subparagraph
applies only to plan updates that are due after
January 31, 1989.
(b)
The plan either provides for recycling and composting
recyclable
materials from the plan area's waste stream. or This
subdivision does not apply to recycling or composting if the plan
establishes
that recycling and or composting, are respectively,
is
not necessary or feasible or is only necessary or feasible to a
limited extent.
(c) A plan that proposes a recycling program or composting
program, or both, details the major features of that program,
including all of the following:
(i) The kinds and volumes of recyclable materials that will be
recycled or composted.
(ii) Collection methods.
(iii) Measures that will ensure collection, such as ordinances
or cooperative arrangements, or both.
(iv) Ordinances or regulations affecting the program.
(v) The role of counties and municipalities in implementing
the plan.
(vi) The involvement of existing recycling interests, solid
waste haulers, and the community.
(vii) Anticipated costs.
(viii) On-going Ongoing program financing.
(ix) Equipment selection.
(x) Public and private sector involvement.
(xi) Site availability and selection.
(xii) Operating parameters, such as pH and heat range.
(d)
The plan includes an evaluation of how the planning entity
is
meeting the state's waste reduction and recycling goals as
established
pursuant to section 11541(4).
(d) For a plan amended or updated after the effective date of
the 2008 amendatory act that added this subdivision, the plan
provides for the collection and the proper management or disposal
of mercury-added products.
(2) The director may promulgate rules as may be necessary to
implement this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6485(request no.
04676'07 *) of the 94th Legislature is enacted into law.