November 8, 2007, Introduced by Senators RICHARDVILLE, KAHN, BIRKHOLZ, BROWN, PAPPAGEORGE, GLEASON, JANSEN 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 sections 11503, 11514, and 11526b (MCL 324.11503,
324.11514, and 324.11526b), section 11503 as amended by 1998 PA
466, section 11514 as amended by 2005 PA 243, and section 11526b as
added by 2004 PA 37.
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.
(c) Sanitary landfill.
(d) Processing plant.
(e) Other solid waste handling or disposal facility utilized
in the disposal of solid waste.
(5) "Electronic waste" means that term as defined in section
17301.
(6) (5)
"Enforceable mechanism"
means a legal method whereby
the
state, a county, a municipality, or a another 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 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 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 that do not meet
size,
quality, or other product specifications and which that 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 results
from the preparation, use,
cooking, dealing in, or storing of meat, fish, fowl, fruit, or
vegetable matter.
(12) (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.
(13) (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.
(14) (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 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) Electronic waste, beginning December 1, 2008.
(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.
Sec. 11526b. (1) Not later than October 1, 2004, the
department shall do all of the following:
(a) Notify each state, the country of Canada, and each
province in Canada that landfills in this state will not accept for
disposal solid waste that does not comply with section 11526a.
(b) Compile a list of countries, states, provinces, and local
jurisdictions
that prohibit from disposal in a landfill the exclude
from a solid waste stream that may be disposed of at a landfill in
this
state items prohibited from disposal in
a landfill located in
this
state or that prevent from disposal in a landfill the items
prohibited
from disposal in a landfill located in this state under
section 11514, by prohibiting the disposal of those items in a
landfill, by preventing the disposal of those items in a landfill
through enforceable solid waste disposal requirements that are
comparable to this part, or by other means.
(c) Prepare and provide to each landfill in the state a copy
of a list of the countries, states, provinces, and local
jurisdictions compiled under subdivision (b).
(2) The department shall include a country, state, province,
or local jurisdiction on the list described in subsection (1) if
the country, state, province, or local jurisdiction, or another
person, provides the department with documentation that the
country,
state, province, or local jurisdiction
prohibits from
disposal
in a landfill the items prohibited from disposal in a
landfill
located in this state or that it prevents from disposal in
a
landfill the items prohibited from disposal in a landfill located
in
this state through enforceable solid waste disposal requirements
that
are comparable to this part meets
the requirements of
subsection (1)(b). Such documentation shall include all pertinent
statutes, administrative regulations, and ordinances.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 897.
of the 94th Legislature is enacted into law.