February 15, 2005, Introduced by Senators SCOTT and BRATER 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 11539 (MCL 324.11503,
324.11514, and 324.11539), section 11503 as amended by 1998 PA 466
and section 11514 as amended by 2004 PA 34, and by adding section
11514a.
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 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) "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.
(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.
(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.
(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.
(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.
(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) "Labeled mercury-added product" means a mercury-added
product labeled as provided in section 17207.
(12) "Mercury-added product" means that term as defined in
part 172.
(13) (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.
(14) (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.
(15) (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) 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 amount of yard clippings, unless
they are diseased or infested.
(e) A mercury-added product.
(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)
299.4430(2)(c) and (d) 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.
(i) Mercury or a mercury compound. This subparagraph does not
apply to mercury or a mercury compound in a mercury-added product
that is not a labeled mercury-added product.
(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
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 materials that are commingled
with other solid waste.
Sec. 11514a. A person shall not deliver to an incinerator for
disposal, or, if the person is an owner or operator of an
incinerator, permit disposal at the incinerator of, mercury or a
mercury compound, including, but not limited to, mercury or a
mercury compound in a mercury-added product.
Sec. 11539. (1) The director shall not approve a plan update
unless:
(a) The plan contains an analysis or evaluation of the best
available information applicable to the plan area in regard to
recyclable materials and all of the following:
(i) The kind and volume of material in the plan area's waste
stream that may be recycled or composted.
(ii) How various factors do or may affect a recycling and
composting program in the plan area. Factors shall include an
evaluation of the existing solid waste collection system; materials
market; transportation networks; local composting and recycling
support groups, or both; institutional arrangements; the population
in the plan area; and other pertinent factors.
(iii) An identification of impediments to implementing a
recycling and composting program and recommended strategies for
removing or minimizing impediments.
(iv) How recycling and composting and other processing or
disposal methods could complement each other and an examination of
the feasibility of excluding site separated material and source
separated material from other processing or disposal methods.
(v) Identification and quantification of environmental,
economic, and other benefits that could result from the
implementation of a recycling and composting program.
(vi) The feasibility of source separation of materials that
contain
potentially hazardous components at disposal areas. This
subparagraph
applies only to plan updates that are due after
January 31, 1989.
(b) The plan either provides for recycling and composting
recyclable materials from the plan area's waste stream or
establishes that recycling and composting are not necessary or
feasible or is only necessary or feasible to a limited extent.
(c) A plan that proposes a recycling or composting program, or
both, details the major features of that program, including all of
the following:
(i) The kinds and volumes of recyclable materials that will be
recycled or composted.
(ii) Collection methods.
(iii) Measures that will ensure collection, such as ordinances
or cooperative arrangements, or both.
(iv) Ordinances or regulations affecting the program.
(v) The role of counties and municipalities in implementing
the plan.
(vi) The involvement of existing recycling interests, solid
waste haulers, and the community.
(vii) Anticipated costs.
(viii) On-going Ongoing program financing.
(ix) Equipment selection.
(x) Public and private sector involvement.
(xi) Site availability and selection.
(xii) Operating parameters, such as pH and heat range.
(d)
The plan includes an evaluation of how the planning
entity
is meeting the state's waste reduction and recycling goals
as
established pursuant to section 11541(4).
(d) For a plan amended after the effective date of the 2005
amendatory act that amended this subdivision, the plan provides for
the collection and the proper management or disposal of mercury-
added products.
(2) The director may promulgate rules as may be necessary to
implement this section.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 186.
(b) Senate Bill No. 187.