SENATE BILL No. 904

 

 

November 8, 2007, Introduced by Senators GILBERT, RICHARDVILLE, BIRKHOLZ, BROWN, PAPPAGEORGE, JANSEN, GLEASON and HARDIMAN 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 2005 PA

 

243.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11514. (1) Optimizing recycling opportunities and the

 

reuse of materials shall be a principal objective of the 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 or infested.

 

     (e) Beginning December 1, 2010, more than a de minimis amount

 

of newsprint.

 

     (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.

 

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

 


disposal of small amounts of these materials that are a small

 

quantity of material that is commingled and incidentally disposed

 

of with other solid waste.