HOUSE BILL No. 5573


     January 23, 2002, Introduced by Reps. Kooiman, Patterson, Julian, Faunce, Hummel, Kuipers, Middaugh, Stamas, Vander Roest,
Stewart, Gilbert, Birkholz, Rocca, Bogardus, Kowall, Kolb, Mans, Voorhees, Meyer, Bishop, Pappageorge, Bernero, Wojno, DeWeese,
Schauer, Vear, Richardville, Richner, Caul, Bovin, Jansen, Gosselin and Raczkowski and referred to the Committee on Land Use and
Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 11546 (MCL 324.11546) and by adding section

   11514a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
             SEC. 11514A.  (1) SUBJECT TO SUBSECTION (3), A SOLID WASTE

 2
        HAULER SHALL NOT TRANSPORT OR DISPOSE OF SOLID WASTE WITHIN THIS

 3
        STATE THAT WAS GENERATED OUTSIDE OF THIS STATE.

 4
             (2) SUBJECT TO SUBSECTION (3), A SOLID WASTE DISPOSAL AREA

 5
        SHALL NOT ACCEPT FOR DISPOSAL SOLID WASTE THAT WAS GENERATED OUT-

 6
        SIDE OF THIS STATE.

 7
             (3) SUBSECTIONS (1) AND (2) SHALL NOT APPLY UNLESS THE

 8
        UNITED STATES CONGRESS ENACTS INTO LAW AUTHORIZATION FOR THE

 9
        STATES TO REGULATE THE TRANSPORTATION AND DISPOSAL OF SOLID




   06453'02                                                 TMV                                   2

 1
        WASTE.  SUBSECTIONS (1) AND (2) SHALL ONLY APPLY TO THE EXTENT

 2
        AND IN A FASHION AUTHORIZED BY FEDERAL LAW.

 3
             (4) SUBJECT TO SUBSECTION (5), A PERSON SHALL NOT ACCEPT FOR

 4
        DISPOSAL IN A LANDFILL IN THIS STATE SOLID WASTE OR MUNICIPAL

 5
        SOLID WASTE INCINERATOR ASH UNLESS THE PERSON DISPOSING OF THE

 6
        SOLID WASTE OR MUNICIPAL SOLID WASTE INCINERATOR ASH CERTIFIES

 7
        THAT THE SOLID WASTE OR MUNICIPAL SOLID WASTE INCINERATOR ASH

 8
        DOES NOT CONTAIN MATERIALS OR SUBSTANCES THAT ARE PROHIBITED FROM

 9
        BEING DISPOSED OF IN LANDFILLS IN MICHIGAN UNDER THIS ACT OR THE

10
        RULES PROMULGATED UNDER THIS ACT.  THIS CERTIFICATION SHALL BE

11
        PROVIDED TO THE OWNER OR OPERATOR OF THE LANDFILL BEFORE THE DIS-

12
        POSAL OF THE SOLID WASTE OR MUNICIPAL SOLID WASTE INCINERATOR ASH

13
        AT THE LANDFILL ON A FORM PROVIDED BY THE DEPARTMENT UNDER SUB-

14
        SECTION (6) OR ANOTHER DOCUMENT CONTAINING THE SAME REQUIRED

15
        INFORMATION.  THE OWNER OR OPERATOR OF A LANDFILL SHALL FORWARD

16
        CERTIFICATIONS RECEIVED UNDER THIS SECTION TO THE DEPARTMENT AS

17
        REQUIRED BY THE DEPARTMENT.

18
             (5) IF THE DEPARTMENT DETERMINES THAT A STATE OR COUNTRY HAS

19
        A SOLID WASTE DISPOSAL REGULATORY SYSTEM THAT IS AT LEAST AS

20
        STRINGENT AND PROTECTIVE OF THE PUBLIC HEALTH, SAFETY, AND WEL-

21
        FARE, AND THE ENVIRONMENT, IN TERMS OF WHAT WASTE IS ALLOWED IN

22
        THE WASTE STREAM, AS IS IN EXISTENCE IN MICHIGAN, THEN SOLID

23
        WASTE OR MUNICIPAL SOLID WASTE INCINERATOR ASH THAT IS GENERATED

24
        IN THAT STATE OR COUNTRY IS PRESUMED TO BE PERMITTED TO BE DIS-

25
        POSED OF IN A LANDFILL IN COMPLIANCE WITH THIS ACT AND THE RULES

26
        PROMULGATED UNDER THIS ACT.  A PERSON DISPOSING OF SOLID WASTE OR

27
        MUNICIPAL SOLID WASTE INCINERATOR ASH FROM SUCH A STATE OR



   06453'02                                   3

 1
        COUNTRY SHALL CERTIFY THAT THE WASTE MEETS THE CRITERIA OF THE

 2
        STATE OR COUNTRY OF ORIGIN.  THE DEPARTMENT SHALL COMPILE A LIST

 3
        OF STATES AND COUNTRIES THAT HAVE A SOLID WASTE DISPOSAL REGULA-

 4
        TORY SYSTEM THAT IS AT LEAST AS STRINGENT AND PROTECTIVE OF THE

 5
        PUBLIC HEALTH, SAFETY, AND WELFARE, AND THE ENVIRONMENT, IN TERMS

 6
        OF WHAT WASTE IS ALLOWED IN THE WASTE STREAM, AS IS IN EXISTENCE

 7
        IN MICHIGAN.  A COUNTRY OR STATE THAT WISHES TO BE INCLUDED ON

 8
        THE LIST PREPARED BY THE DEPARTMENT MAY SUPPLY THE DEPARTMENT

 9
        WITH DOCUMENTATION THAT SUPPORTS ITS CLAIM THAT IT HAS A SOLID

10
        WASTE DISPOSAL REGULATORY SYSTEM THAT IS AT LEAST AS STRINGENT

11
        AND PROTECTIVE AS MICHIGAN BY INCLUDING COPIES OF ALL PERTINENT

12
        STATUTES AND RULES.  THE DEPARTMENT SHALL PREPARE A LIST OF

13
        STATES AND COUNTRIES THAT THE DEPARTMENT HAS DETERMINED HAVE A

14
        SOLID WASTE DISPOSAL REGULATORY SYSTEM THAT IS AT LEAST AS STRIN-

15
        GENT AS THAT OF MICHIGAN.  THE DEPARTMENT SHALL PROVIDE A COPY OF

16
        THE LIST TO EACH PERSON LICENSED TO OPERATE A DISPOSAL AREA OR

17
        MUNICIPAL SOLID WASTE INCINERATOR IN THIS STATE.

18
             (6) THE DEPARTMENT SHALL PROVIDE TO THE OWNERS OR OPERATORS

19
        OF LANDFILLS IN MICHIGAN COPIES OF CERTIFICATION FORMS AS PRO-

20
        VIDED FOR UNDER SUBSECTIONS (4) AND (5).

21
             (7) A PERSON WHO MAKES A FALSE REPRESENTATION IN A CERTIFI-

22
        CATION REQUIRED UNDER SUBSECTION (4) OR (5) IS GUILTY OF A MISDE-

23
        MEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $50,000.00 OR

24
        IMPRISONMENT FOR NOT MORE THAN 1 YEAR, OR BOTH.

25
             (8) IF ANY PROVISION OF THIS SECTION OR OF THIS PART IS FOR

26
        ANY REASON HELD TO BE INVALID OR UNCONSTITUTIONAL, THE HOLDING





   06453'02                                   4

 1
        DOES NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THIS

 2
        SECTION OR THIS PART.

 3
             Sec. 11546.  (1) The department or a health officer may

 4
        request that the attorney general bring an action in the name of

 5
        the people of the state, or a municipality or county may bring an

 6
        action based on facts arising within its boundaries, for any

 7
        appropriate relief, including injunctive relief, for a violation

 8
        of this part or rules promulgated under this part.

 9
             (2) In addition to any other relief provided by this sec-

10
        tion, the court may impose on any person who violates any provi-

11
        sion of this part or rules promulgated under this part or who

12
        fails to comply with any permit, license, or final order issued

13
        pursuant to this part a civil fine of not more than  $10,000.00

14
        $50,000.00 for each day of violation.  ALL CIVIL FINES COLLECTED

15
        UNDER THIS SUBSECTION SHALL BE FORWARDED TO THE STATE TREASURER

16
        FOR DEPOSIT AS FOLLOWS:

17
             (A) SEVENTY-FIVE PERCENT IN THE GENERAL FUND TO BE USED BY

18
        THE DEPARTMENT FOR THE ENFORCEMENT OF THIS PART.

19
             (B) TWENTY-FIVE PERCENT IN THE GENERAL FUND TO BE USED FOR

20
        VOLUNTEER RIVER, STREAM, AND CREEK CLEANUP PROGRAMS.  THE MONEY

21
        DEPOSITED UNDER THIS SUBDIVISION SHALL BE DISTRIBUTED ON A STATE-

22
        WIDE BASIS TO VOLUNTEER ORGANIZATIONS FOR STREAM, RIVER, AND

23
        CREEK CLEANUP PROJECTS.  FUNDS SHALL BE DISTRIBUTED THROUGH A

24
        SIMPLIFIED APPLICATION PROCESS PROVIDING UP TO $5,000.00 TO

25
        ORGANIZATIONS THAT PROVIDE A 50% MATCH.  PRIORITY SHALL BE GIVEN

26
        TO EXISTING VOLUNTEER ORGANIZATIONS AND TARGETED TO THOSE

27
        WATERSHEDS WITH DOCUMENTED POLLUTION PROBLEMS.



   06453'02                                   5

 1
             (3) In addition to any other relief provided by this

 2
        section, the court may order a person violating this part or the

 3
        rules promulgated under this part either to restore or to pay to

 4
        the state an amount equal to the cost of restoring the natural

 5
        resources of this state affected by the violation to their origi-

 6
        nal condition before the violation, and to pay to the state the

 7
        costs of surveillance and enforcement incurred by the state as a

 8
        result of the violation.

 9
             (4) This part does not preclude any person from commencing a

10
        civil action based on facts that may also constitute a violation

11
        of this part or the rules promulgated under this part.


































   06453'02          Final page.                            TMV