April 16, 2013, Introduced by Senators JONES, EMMONS, JANSEN, PAVLOV and CASPERSON and referred to the Committee on Energy and Technology.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11507a and 11514 (MCL 324.11507a and
324.11514), section 11507a as amended by 2004 PA 39 and section
11514 as amended by 2008 PA 394, and by adding section 11512b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11507a. (1) The owner or operator of a landfill shall
annually
submit a report to the this
state and the county and
municipality in which the landfill is located that contains
information
on the all of the following
information:
(a) The amount of solid waste received by the landfill during
the year itemized, to the extent possible, by county, state, or
country
of origin. and the
(b) The amount of remaining disposal capacity at the landfill.
Remaining disposal capacity shall be calculated as the permitted
capacity less waste in place for any area that has been constructed
and is not yet closed plus the permitted capacity for each area
that has a permit for construction under this part but has not yet
been constructed.
(c) If the landfill accepts yard clippings under section
11512b, all of the following:
(i) The amount of landfill gas recovered at the landfill during
the year, as determined by metering or another approved method.
(ii) How the landfill gas was utilized.
(iii) The time periods during which any flaring took place and
the reasons for the flaring.
(2) The report under subsection (1) shall be submitted on a
form provided by the department within 45 days following the end of
each state fiscal year.
(3) (2)
By January 31 of each year, the
department shall
submit to the legislature a report summarizing the information
obtained under subsection (1).
Sec. 11512b. Yard clippings maintained segregated from other
solid waste at the source of generation may be disposed of in
landfill cells served by a landfill gas collection system if all of
the following requirements are met:
(a) Installation of the landfill gas collection system is
documented in the landfill's operating record.
(b) The landfill recovers and utilizes gas produced from the
landfill cells served by the landfill gas collection system as a
source of energy for generating electricity, for a direct fuel use,
or for any other use as a substitute for conventional fuels. The
landfill may flare gas under any of the following circumstances:
(i) For testing or maintenance.
(ii) If necessary because of malfunction or planned or
unplanned interruption of the landfill gas collection system or of
an on-site or off-site energy use.
(iii) For planning, construction, or proving capacity for an
intended on-site or off-site energy use.
(iv) For other reasons of a limited, temporary, or intermittent
nature.
(c) If the landfill is owned or operated by a municipality,
county, or governmental authority created pursuant to statute, the
governing body of the municipality, county, or governmental
authority has held a public hearing on the issue of disposing of
yard clippings at the landfill.
(d) If the yard clippings are transported to the landfill by a
municipality, county, or governmental authority created pursuant to
statute, either directly or indirectly by contract, the governing
body of the municipality, county, or governmental authority has
held a public hearing on the issue of disposing of yard clippings
at the landfill.
Sec. 11514. (1) Optimizing recycling opportunities, including
electronics
recycling opportunities, and the reuse of reusing
materials
shall be a are principal objective objectives of the
state's
solid waste management plan. Recycling and reuse of reusing
materials,
including the reuse of reusing
materials from electronic
devices,
are in the best interest of promoting the public health
and
welfare. The This state shall develop policies and practices
that
promote recycling and reuse of reusing
materials and, to the
extent practical, minimize the use of landfilling as a method for
disposal of its waste. Policies and practices that promote
recycling
and reuse of reusing materials, including materials from
electronic
devices, will conserve raw materials
, conserve and
landfill space, provide alternative energy sources, and avoid the
contamination of soil and groundwater from heavy metals and other
pollutants.
(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 333.13831.333.13832.
(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
1 or more of the following
requirements are met:
(i) The yard clippings are diseased, infested, or composed of
invasive species as authorized by section 11521(1)(i).
(ii) The landfill utilizes landfill gas as a source of energy
as provided in section 11512b.
(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, 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) 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.