February 28, 2012, Introduced by Reps. Huuki, Franz, McBroom, Foster, Bumstead, Johnson, MacMaster, Lyons, McMillin, Glardon, Rendon and Haugh and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11506 (MCL 324.11506), as amended by 2010 PA
345.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,
incinerator ash, incinerator residue, street cleanings, municipal
and industrial sludges, solid commercial and solid industrial
waste, and animal waste other than organic waste generated in the
production of livestock and poultry. However, solid waste does not
include the following:
(a) Human body waste.
(b) Medical waste.
(c) Organic waste generated in the production of livestock and
poultry.
(d) Liquid waste.
(e) Ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products.
(f) Slag or slag products directed to a slag processor or to a
reuser of slag or slag products.
(g) Paper mill waste treatment sludge that is stored and
applied to land in a manner that does not violate part 31 or 55 or
create a nuisance, if the land application is for an agricultural
or silvicultural purpose and at an agronomic rate or at a rate that
is beneficial to crop or forest production or that improves soil
quality. The paper mill relying on this exclusion shall prepare and
maintain for 5 years records identifying the site or sites of
storage and application, the owner of the each site, and the volume
applied at the site of application and shall make the records
available to the department upon request.
(h) (g)
Sludges and ashes managed as
recycled or
nondetrimental materials appropriate for agricultural or
silvicultural use pursuant to a plan approved by the department.
Food processing residuals, precipitated calcium carbonate from
sugar beet processing, wood ashes resulting solely from a source
that burns only wood that is untreated and inert, lime from kraft
pulping processes generated prior to bleaching, or aquatic plants
may be applied on, or composted and applied on, farmland or
forestland for an agricultural or silvicultural purpose, or used as
animal feed, as appropriate, and such an application or use does
not require a plan described in this subdivision or a permit or
license under this part. In addition, source separated materials
approved by the department for land application for agricultural
and silvicultural purposes and compost produced from those
materials may be applied to the land for agricultural and
silvicultural purposes and such an application does not require a
plan described in this subdivision or permit or license under this
part. Land application authorized under this subdivision for an
agricultural or silvicultural purpose, or use as animal feed as
provided for in this subdivision shall be performed in a manner
that prevents losses from runoff and leaching. Land application
under this subdivision shall be at an agronomic rate consistent
with generally accepted agricultural and management practices under
the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(i) (h)
Materials approved for emergency
disposal by the
department.
(j) (i)
Source separated materials.
(k) (j)
Site separated material.
(l) (k)
Fly ash or any other ash produced
from the combustion
of
coal, when used in under
any of the following
instances:circumstances:
(i) With a maximum of 6% of unburned carbon, if
used as As a
component of concrete, grout, mortar, or casting molds, if the fly
ash has not more than 6% unburned carbon.
(ii) With a maximum of 12% unburned carbon passing
M.D.O.T.
test
method MTM 101, if used as As
a raw material in asphalt for
road construction, if the fly ash has not more than 12% unburned
carbon and passes Michigan test method for water asphalt
preferential test, MTM 101, as set forth in the state
transportation department's manual for the Michigan test methods
(MTM'S).
(iii) As aggregate, road, or building material that in ultimate
use will be stabilized or bonded by cement, limes, or asphalt.
(iv) As a road base or construction fill that is covered with
asphalt, concrete, or other material approved by the department and
that is placed at least 4 feet above the seasonal groundwater
table.
(v) As the sole material in a depository designed to reclaim,
develop, or otherwise enhance land, subject to the approval of the
department. In evaluating the site, the department shall consider
the physical and chemical properties of the ash, including, but not
limited to, leachability, and the engineering of the depository,
including, but not limited to, the compaction, control of surface
water and groundwater that may threaten to infiltrate the site, and
evidence that the depository is designed to prevent water
percolation through the material.
(m) (l) Other
wastes regulated by statute.
(2) "Solid waste hauler" means a person who owns or operates a
solid waste transporting unit.
(3) "Solid waste processing plant" means a tract of land,
building, unit, or appurtenance of a building or unit or a
combination of land, buildings, and units that is used or intended
for use for the processing of solid waste or the separation of
material for salvage or disposal, or both, but does not include a
plant engaged primarily in the acquisition, processing, and
shipment of ferrous or nonferrous metal scrap, or a plant engaged
primarily in the acquisition, processing, and shipment of slag or
slag products.
(4) "Solid waste transporting unit" means a container, which
may be an integral part of a truck or other piece of equipment,
used for the transportation of solid waste.
(5) "Solid waste transfer facility" means a tract of land, a
building and any appurtenances, or a container, or any combination
of land, buildings, or containers that is used or intended for use
in the rehandling or storage of solid waste incidental to the
transportation of the solid waste, but is not located at the site
of generation or the site of disposal of the solid waste.
(6) "Source separated material" means glass, metal, wood,
paper products, plastics, rubber, textiles, garbage, or any other
material approved by the department that is separated at the source
of generation for the purpose of conversion into raw materials or
new products including, but not limited to, compost.
(7) "Type I public water supply", "type IIa public water
supply", "type IIb public water supply", and "type III public water
supply" mean those terms, respectively, as described in R 325.10502
of the Michigan administrative code.
(8) "Yard clippings" means leaves, grass clippings, vegetable
or other garden debris, shrubbery, or brush or tree trimmings, less
than 4 feet in length and 2 inches in diameter, that can be
converted
to compost humus. Yard clippings do does not include
stumps, agricultural wastes, animal waste, roots, sewage sludge, or
garbage.