January 31, 2006, Introduced by Reps. Kathleen Law, Meisner, Sak, Waters, Hopgood, Donigan, McDowell, Alma Smith, Tobocman, Vagnozzi, Anderson, Espinoza, Plakas, Angerer, Spade, Zelenko, Lipsey, Williams, Polidori, Farrah, Gleason, Gonzales, Brown, Adamini, Cheeks and Lemmons, III and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11502, 11503, 11504, 11505, and 11506 (MCL
324.11502, 324.11503, 324.11504, 324.11505, and 324.11506), section
11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended
by 1998 PA 466, and section 11504 as amended by 1996 PA 359, and by
adding sections 11532a, 11532b, 11532c, 11532d, 11532e, 11532f,
11532g, and 11532h; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11502. (1) "Applicant" includes any person.
(2) "Ashes" means the residue from the burning of wood, coal,
coke, refuse, wastewater sludge, or other combustible materials.
(3) "Benchmark recycling program" means a recycling program as
described in section 11532f.
(4) (3)
"Beverage container" means an airtight metal,
glass,
paper, or plastic container, or a container composed of a
combination of these materials, which, at the time of sale,
contains 1 gallon or less of any of the following:
(a) A soft drink, soda water, carbonated natural or mineral
water, or other nonalcoholic carbonated drink.
(b) A beer, ale, or other malt drink of whatever alcoholic
content.
(c) A mixed wine drink or a mixed spirit drink.
(5) (4)
"Bond" means a financial instrument
executed on a
form approved by the department, including a surety bond from a
surety company authorized to transact business in this state, a
certificate of deposit, a cash bond, an irrevocable letter of
credit, insurance, a trust fund, an escrow account, or a
combination of any of these instruments in favor of the department.
The owner or operator of a disposal area who is required to
establish a bond under other state or federal statute may petition
the department to allow such a bond to meet the requirements of
this part. The department shall approve a bond established under
other state or federal statute if the bond provides equivalent
funds and access by the department as other financial instruments
allowed by this subsection.
(6) (5)
"Certificate of deposit" means a
negotiable
certificate of deposit held by a bank or other financial
institution regulated and examined by a state or federal agency,
the value of which is fully insured by an agency of the United
States government. A certificate of deposit used to fulfill the
requirements of this part shall be in the sole name of the
department with a maturity date of not less than 1 year and shall
be renewed not less than 60 days before the maturity date. An
applicant who uses a certificate of deposit as a bond shall receive
any accrued interest on that certificate of deposit upon release of
the bond by the department.
(7) (6)
"Certified health department" means a
city, county,
or district department of health that is specifically delegated
authority by the department to perform designated activities as
prescribed by this part.
(8) (7)
"Coal or wood ash" means either or both of
the
following:
(a) The residue remaining after the ignition of coal or wood,
or both, and may include noncombustible materials, otherwise
referred to as bottom ash.
(b) The airborne residues from burning coal or wood, or both,
that are finely divided particles entrained in flue gases arising
from a combustion chamber, otherwise referred to as fly ash.
(9) (8)
"Collection center" means a tract of land,
building,
unit, or appurtenance or combination thereof that is used to
collect junk motor vehicles and farm implements under section
11530.
(10) (9)
"Consistency review" means evaluation of
the
administrative and technical components of an application for a
permit ,
or license, or
for of operating
conditions in the
course of inspection, for the purpose of determining consistency
with the requirements of this part, rules promulgated under this
part, and approved plans and specifications.
(11) (10)
"Corrective action" means the
investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of constituents, as defined in a facility's approved
hydrogeological monitoring plan, released into the environment from
a disposal area, or the taking of other actions related to the
release as may be necessary to prevent, minimize, or mitigate
injury to the public health, safety, or welfare, the environment,
or
natural resources that is consistent with subtitle D of the
solid
waste disposal act, title II of Public Law 89-272, 42 U.S.C.
6941
and 6942 to 42 USC 6941 to 6949a or regulations promulgated
pursuant
to that act thereunder.
Sec. 11503. (1) "Department" means the department of
environmental quality.
(2) "Development fund" means the recycling market development
fund created in section 11532c.
(3) (2)
"Director" means the director of the
department.
(4) (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.
(5) (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.
(6) (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.
(7) (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.
(8) (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.
(9) (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 42 USC 6941 to
6949a. 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.
(10) (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 do not meet size,
quality, or other product specifications and which were intended
for human or animal consumption.
(11) (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)
"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.
(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.
(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. 11504. (1) "HDPE" means that term as defined in section
16101.
(2)
(1) "Health
officer" means a full-time administrative
officer of a certified city, county, or district department of
health.
(3) (2)
"Inert material" means a substance that
will not
decompose, dissolve, or in any other way form a contaminated
leachate upon contact with water, or other liquids determined by
the department as likely to be found at the disposal area,
percolating through the substance.
(4) (3)
"Insurance" means insurance that conforms
to the
requirements
of 40 C.F.R. CFR
258.74(d) provided by an insurer
who has a certificate of authority from the Michigan commissioner
of insurance to sell this line of coverage. An applicant for an
operating license shall submit evidence of the required coverage by
submitting both of the following to the department:
(a) A certificate of insurance that uses wording approved by
the department.
(b) A certified true and complete copy of the insurance
policy.
(5) (4)
"Landfill" means a disposal area that is a
sanitary
landfill.
(6) (5)
"Letter of credit" means an irrevocable
letter of
credit
that complies with 40 C.F.R. CFR
258.74(c).
(7) "Local unit of government" means a municipality or county.
(8) (6)
"Medical waste" means that term as it is
defined in
part
138 section 13805 of the public health code, Act
No. 378 of
the
Public Acts of 1978, being sections 333.13801 to 333.13831 of
the
Michigan Compiled Laws 1978
PA 368, MCL 333.13805.
(9) (7)
"Municipal solid waste incinerator" means
an
incinerator that is owned or operated by any person, and meets all
of the following requirements:
(a) The incinerator receives solid waste from off site and
burns only household waste from single and multiple dwellings,
hotels, motels, and other residential sources, or this household
waste together with solid waste from commercial, institutional,
municipal, county, or industrial sources that, if disposed of,
would not be required to be placed in a disposal facility licensed
under part 111.
(b) The incinerator has established contractual requirements
or other notification or inspection procedures sufficient to assure
that the incinerator receives and burns only waste referred to in
subdivision (a).
(c) The incinerator meets the requirements of this part and
the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in
40 C.F.R.
CFR 260.10.
(e) The incinerator is not an incinerator that receives and
burns only medical waste or only waste produced at 1 or more
hospitals.
(10) (8)
"Municipal solid waste incinerator ash"
means the
substances remaining after combustion in a municipal solid waste
incinerator.
(11) "Municipality" means a city, village, or township.
(12) (9)
"Perpetual care fund" means a perpetual
care fund
provided for in section 11525.
(10)
"Trust fund" means a trust fund held by a trustee which
has
the authority to act as a trustee and whose trust operations
are
regulated and examined by a federal or state agency. A trust
fund
shall comply with section 11523b.
(13) "PETE" means that term as defined in section 16101.
Sec. 11505. (1) "Recyclable materials" means source separated
materials, site separated materials, high grade paper, glass,
metal, plastic, aluminum, newspaper, corrugated paper, yard
clippings, and other materials that may be recycled or composted.
(2) "Recycling fund" means the recycling and waste diversion
fund created in section 11532b.
(3) (2)
"Regional solid waste management planning
agency"
means the regional solid waste planning agency designated by the
governor
pursuant to section 4006 of subtitle D of the solid waste
disposal
act, title II of Public Law 89-272, 42 U.S.C. 42 USC
6946.
(4) (3)
"Resource recovery facility" means
machinery,
equipment, structures, or any parts or accessories of machinery,
equipment, or structures, installed or acquired for the primary
purpose of recovering materials or energy from the waste stream.
(5) (4)
"Response activity" means an activity that
is
necessary to protect the public health, safety, welfare, or the
environment, and includes, but is not limited to, evaluation,
cleanup, removal, containment, isolation, treatment, monitoring,
maintenance, replacement of water supplies, and temporary
relocation of people.
(6) (5)
"Rubbish" means nonputrescible solid
waste,
excluding ashes, consisting of both combustible and noncombustible
waste, including paper, cardboard, metal containers, yard
clippings, wood, glass, bedding, crockery, demolished building
materials, or litter of any kind that may be a detriment to the
public health and safety.
(7) (6)
"Salvaging" means the lawful and controlled
removal
of reusable materials from solid waste.
(8) "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.
(9) (7)
"Site separated material" means glass,
metal, wood,
paper products, plastics, rubber, textiles, garbage, yard
clippings, or any other material approved by the department that is
separated from solid waste for the purpose of conversion into raw
materials or new products. Site separated material does not include
the residue remaining after glass, metal, wood, paper products,
plastics, rubber, textiles, or any other material approved by the
department is separated from solid waste.
(10) (8)
"Slag" means the nonmetallic product
resulting from
melting or smelting operations for iron or steel.
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. Solid waste does not include
the following:
(a) Human body waste.
(b)
Medical waste. as it is defined in part 138 of the public
health
code, 1978 PA 368, MCL 333.13801 to 333.13831, and regulated
under
that part and part 55.
(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) 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; 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 occur in a manner that prevents losses from runoff and
leaching, and if applied to land, the land application 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.
(h) Materials approved for emergency disposal by the
department.
(i) Source separated materials.
(j) Site separated material.
(k) Fly ash or any other ash produced from the combustion of
coal, when used in the following instances:
(i) With a maximum of 6% of unburned carbon as a component of
concrete, grout, mortar, or casting molds.
(ii) With a maximum of 12% unburned carbon passing M.D.O.T.
test method MTM 101 when used as a raw material in asphalt for road
construction.
(iii) As aggregate, road, or building material which 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
which 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
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.
(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 that 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, yard
clippings, 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) "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.
(8) "Trust fund" means a trust fund held by a trustee who has
the authority to act as a trustee and whose trust operations are
regulated and examined by a federal or state agency. A trust fund
shall comply with section 11523b.
(9) "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.
(10) (7)
"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 not
include stumps, agricultural wastes, animal waste, roots, sewage
sludge, or garbage.
Sec. 11532a. (1) Beginning January 1, 2007, a recycling and
waste diversion surcharge of $7.50 is assessed on each ton of solid
waste that is disposed of in a landfill or a municipal solid waste
incinerator. However, a surcharge shall not be assessed on
municipal solid waste incinerator ash disposed of in a landfill if
a surcharge was assessed on the municipal solid waste that was
incinerated to produce the ash.
(2) The owner or operator of a landfill or municipal solid
waste incinerator shall pay the recycling and waste diversion
surcharges under this section to the department within 30 days
after the end of each quarter of the state fiscal year. The
department shall forward all recycling and waste diversion
surcharges it receives to the state treasurer for deposit into the
recycling and waste diversion fund created in section 11532b.
(3) The owner or operator of a landfill or municipal solid
waste incinerator who is required to pay the recycling and waste
diversion surcharge under subsection (2) may pass through and
collect the surcharge from the generators of the solid waste or
from the persons who arranged for its delivery to the solid waste
hauler or transfer facility, notwithstanding the provisions of any
contract or agreement to the contrary or the absence of any
contract or agreement.
Sec. 11532b. (1) The recycling and waste diversion fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the recycling and waste diversion fund.
The state treasurer shall direct the investment of the recycling
and waste diversion fund. The state treasurer shall credit to the
recycling and waste diversion fund interest and earnings from
recycling and waste diversion fund investments.
Sec. 11532c. (1) The recycling market development fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the development fund. The state
treasurer shall direct the investment of the development fund. The
state treasurer shall credit to the fund interest and earnings from
development fund investments.
(3) Money in the development fund at the close of the fiscal
year shall remain in the development fund, except as provided in
subsection (5), and shall not lapse to the general fund.
(4) If the development fund accumulates, at any time before
October 1, 2009, $1,000,000.00, the department shall expend money
from the development fund, upon appropriation, for grants or other
incentives to private or public entities to expand markets for
recycled materials in this state.
(5) If the development fund does not accumulate, at any time
before October 1, 2009, $1,000,000.00, then at the end of each
state fiscal year beginning with the state fiscal year that begins
October 1, 2009, the balance in the development fund shall be
transferred to the recycling fund to be used to augment
distributions under section 11532d(1)(a)(ii).
Sec. 11532d. (1) Each state fiscal year, money appropriated
from the recycling fund shall be distributed as follows:
(a) The first $53,000,000.00 appropriated from the recycling
fund shall be distributed as follows:
(i) Subject to section 11532c(5), $15,000.00 to each county to
be used to offset the cost of meeting reporting requirements under
section 11532g.
(ii) The remaining money to municipalities on a per capita
basis, subject to and to be used for the purposes described in
section 11532e.
(b) The next $2,000,000.00 appropriated from the recycling
fund shall be distributed to the department for all of the
following purposes:
(i) To provide recycling technical assistance, including, but
not limited to, gathering and disseminating information useful in
the development of market demand for recycled materials.
(ii) For the administration of the recycling fund and sections
11532a to 11532h.
(iii) To fund full-time equated positions, in addition to those
funded by fees and surcharges under section 11525a, to conduct
inspections, carry out the department's responsibilities with
respect to county solid waste management planning, and otherwise
administer and enforce this part.
(c) The next $1,500,000.00 appropriated from the recycling
fund shall be distributed to counties through and for the purposes
of the grant program provided for in section 11547.
(d) Through the state fiscal year ending September 30, 2011,
the next $8,000,000.00 appropriated from the recycling fund shall
be distributed on a per capita basis to municipalities that, since
September 30, 2006, have directly provided curbside recycling
service, or have paid a contractor to provide such service free of
charge, at least every other week for households in that
municipality to which curbside recycling service is available.
(e) Through the state fiscal year ending September 30, 2011,
after the distributions under subdivisions (a) to (d), money
appropriated from the recycling fund shall be distributed to local
units of government that directly provide drop-off recycling
service, or pay a contractor to provide such service free of
charge. The amount distributed shall be $5,000.00 per drop-off
point maintained since September 30, 2006.
(f) After distributions under subdivisions (a) to (c) and, if
applicable, (d) and (e), any remaining money appropriated from the
recycling fund shall be distributed as follows:
(i) 85% to municipalities, on a per capita basis.
(ii) 15% to counties, on a per capita basis.
(2) Money distributed under subsection (1)(d), (e), or (f)
shall be used to promote the health, safety, or welfare of the
citizens of the respective local unit of government.
(3) Funding provided to local units of government under this
section is intended to be in addition to, and not a substitute for,
revenue sharing or other statutory or constitutional funding
obligations of this state to local units of government.
Sec. 11532e. (1) To qualify for a distribution under section
11532d(1)(a)(ii) during a state fiscal year, a municipality shall
meet all of the following requirements, as applicable:
(a) By the end of the preceding state fiscal year, the
municipality had a benchmark recycling program. This subdivision
applies beginning October 1, 2008 or, for a municipality with a
population of 124,000 or more, beginning October 1, 2009.
(b) The municipality submits to the department on a form
provided by the department an agreement to use the distribution to
offset the costs of a recycling program, which may include planning
costs.
(c) If the municipality received a distribution under section
11532d(1)(a)(ii) in the preceding state fiscal year, the
municipality, by November 15 of the current state fiscal year,
submits to the county information necessary for the preparation of
the county waste diversion report under section 11532g.
(2) A municipality that receives money under section
11532d(1)(a)(ii) shall do 1 or more of the following with the money:
(a) Pool the money with or transfer it to other local units or
an authority established under 1947 PA 179, MCL 123.301 to 123.311,
or 1955 PA 233, MCL 124.281 to 124.294, for multijurisdictional
recycling programs consistent with the requirements of this
section.
(b) Use the money to conduct or to pay contractors to conduct
recycling programs consistent with the requirements of this
section.
(3) If a municipality does not qualify for a distribution or
portion of a distribution under section 11532d(1)(a)(ii), the money
that would otherwise have been distributed to the municipality
shall be distributed as follows:
(a) To the county, subject to section 11532g. To qualify for a
distribution under this subdivision, the county shall submit to the
department on a form provided by the department an agreement to use
the money anywhere in the county for the purposes for which it
would have been required to have been used by the municipality.
(b) If the county does not qualify for a distribution under
subdivision (a), to the development fund.
Sec. 11532f. A benchmark recycling program is a recycling and
waste diversion program that meets all of the following
requirements, as applicable:
(a) For a municipality with a population greater than 10,000
or a population density greater than 300 per square mile, the
recycling program uses trucks and related equipment to collect
recyclable materials from the curbside or similar locations at
least every other week from each household in the municipality,
other than households in multifamily dwellings of 5 or more
dwelling units. The material collected in this manner shall
include at least 5 of the following items:
(i) Clear glass.
(ii) Colored glass.
(iii) Aluminum, steel, and bimetallic cans.
(iv) Mixed residential paper.
(v) Newsprint.
(vi) Corrugated cardboard.
(vii) Magazines.
(viii) Boxboard.
(ix) HDPE and PETE.
(b) For a municipality with a population of 10,000 or less and
a population density of 300 or less per square mile, 1 of the
following applies:
(i) The recycling program meets the requirements of subdivision
(a).
(ii) The recycling program does not meet and has not met the
requirements of subdivision (a) but includes an easily accessible
drop-off collection point available to citizens not less than 8
hours per week.
(c) By ordinance, the municipality requires persons generating
yard clippings and other items prohibited from disposal in a
landfill under section 11514 to separate those items from other
solid waste for separate collection, composting, or other proper
management.
(d) The municipality conducts a comprehensive and sustained
public information and education program concerning recycling
program features and requirements. As part of this program, the
municipality shall, at least 30 days prior to the initiation of the
recycling program and at least annually thereafter, notify all
persons occupying residential, commercial, institutional, and
municipal premises in the municipality of the opportunities for
recycling in that municipality and the requirements for separation
and proper management of yard clippings and other items prohibited
from disposal in a landfill.
(e) The municipality adequately documents its recycling and
waste diversion program, including submission of the information
necessary for the county recycling and waste diversion reports to
meet the requirements of section 11532g.
Sec. 11532g. By December 31 of each year, each county shall
submit to the department a recycling and waste diversion report.
The report shall be submitted in the manner and shall contain the
information required by the department describing progress in
recycling and waste diversion during the previous state fiscal
year. In reporting progress, the county shall use a standard
methodology for measuring recycling rates consistent with the
methodology used by the United States environmental protection
agency as specified by the department. A county that fails to
submit a complete recycling and waste diversion report to the
department as provided in this section does not qualify for a
distribution under section 11532d(1)(a)(i) or (f)(ii) or section
11532e(3)(a) until the complete waste diversion report is
submitted.
Sec. 11532h. (1) The recycling advisory council is created
within the department.
(2) The council shall consist of the director or his or her
designee and all of the following members appointed by the
governor:
(a) A representative of an organization of townships.
(b) A representative of an organization of cities and
villages.
(c) A representative of an organization of counties.
(d) A representative of a conservation or environmental
organization.
(e) A representative of a business that utilizes recycled
glass.
(f) A representative of a business that utilizes recycled
plastics.
(g) A representative of a business that utilizes recycled
paper.
(h) A representative of a recycling processing facility.
(i) A representative of an organization representing beverage
bottlers, wholesalers, and retailers.
(j) A representative of a public landfill operator.
(k) A representative of a private landfill operator.
(l) An officer or employee of a local unit of government
responsible for recycling in that local unit.
(m) A representative of a private company that provides
curbside recycling or drop-off collection point service to the
public.
(n) A representative of the general public.
(3) The members first appointed to the council shall be
appointed by April 1, 2009.
(4) Members of the council shall serve for the life of the
council.
(5) If a vacancy occurs on the council, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The governor may remove a member of the council for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the council shall be called by the
director. At the first meeting, the council shall elect from among
its members a chairperson and other officers as it considers
necessary or appropriate. After the first meeting, the council
shall meet at least quarterly, or more frequently at the call of
the chairperson or if requested by 3 or more members.
(8) A majority of the members of the council constitute a
quorum for the transaction of business at a meeting of the council.
The affirmative vote of a majority of the members of the council is
required for official action of the council.
(9) The business that the council may perform shall be
conducted at a public meeting of the council held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the council in the performance of an official function
is subject to the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(11) Members of the council shall serve without compensation.
The director or his or her designee on the council shall serve
without additional compensation. However, members of the council
may be reimbursed for their actual and necessary expenses incurred
in the performance of their official duties as members of the
council.
(12) By April 1, 2010, the council shall submit to the
governor and the legislature a report on its recommendations on
expanding and improving the efficiency of recycling in this state.
The report shall include recommendations on all of the following:
(a) Any changes in the distribution formula under section
11532d(1)(a), (d), and (e) to take effect after September 30, 2011.
(b) Whether and to what extent the recycling fund and the
development fund should be used to expand markets for recycled
materials.
(c) Any changes in the standards for a benchmark recycling
program to take effect after September 30, 2011 including, but not
limited to, recommendations concerning the following potential
changes:
(i) Increasing the number of materials that must be collected.
(ii) Requiring the collection of household hazardous waste.
(iii) Requiring a collection program for commercial generators
of recyclable solid waste.
(iv) Requiring a curbside recycling program described in
section 11532f(a) to provide service to households in multifamily
dwellings of 5 or more dwelling units.
(13) This section is repealed effective January 1, 2011.
Enacting section 1. (1) This amendatory act does not take
effect unless approved by a majority of the electors of this state
voting on the question at the general election to be held November
7, 2006. This amendatory act shall be submitted to the qualified
electors of this state at that election as provided by the Michigan
election law, 1954 PA 116, MCL 168.1 to 168.992.
(2) If approved by the electors, this amendatory act takes
effect January 1, 2007.