July 6, 2005, Introduced by Reps. Green, Gosselin, Vagnozzi, Ball, Stewart, Stakoe, Lemmons, Jr., Elsenheimer, Pastor, Hune, Caswell, Hildenbrand, Palmer, Kooiman, Stahl 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 section 11514 (MCL 324.11514), as amended by 2004 PA
34.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11514. (1) The legislature declares that optimizing
recycling opportunities and the reuse of materials shall be a
principal objective of the state's solid waste management plan and
further that 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) Subject to subsection (4), 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 Yard
clippings. The prohibition
under this subdivision does not apply under any of the following
circumstances:
(i) The amount of yard
clippings , unless they is de minimis.
(ii) The yard clippings are diseased or infested.
(iii) The delivery and disposal of the yard clippings take place
during December, January, or February and the yard clippings are
not trees or branches that can be chipped into mulch.
(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)
Liquid waste as prohibited by R 299.4432(2)(c) 299.4315
and R 299.4430 of the Michigan administrative code.
(f) Sewage.
(g)
PCBs as defined in 40 CFR section 761.3.
(h) Asbestos waste, unless the landfill complies with 40 CFR
section
61.154.
(4) Subsection (2)(b) does not apply to green glass beverage
containers before June 1, 2007. The department shall convene a task
force to make recommendations to the legislature on the special
recycling problems posed by green glass beverage containers,
including, but not limited to, whether the June 1, 2007 date for
applicability of subsection (2)(b) to green glass beverage
containers should be changed. The task force shall include, but
need not be limited to, all of the following:
(a) A representative of the landfill industry.
(b) A representative of a company that manufactures or uses
green glass beverage containers.
(c) A representative of a recycling company.
(d) A representative of an environmental organization.
(5) The task force under subsection (4) shall issue its
recommendations by December 31, 2004.
(6) If the department determines that a safe, sanitary, and
feasible alternative does not exist for the disposal of any items
or materials described in subsection (2), 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.
(7)
As used in this section, "de minimis" means incidental
disposal
of small amounts of these refers
to a small number of
items or amount of materials that are commingled with and
incidentally disposed of with other solid waste.