August 9, 2006, Introduced by Senator PATTERSON 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 section 11514 (MCL 324.11514), as amended by 2005 PA
243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(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 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 sewage sludge unless the sewage
sludge has been stabilized by the generator at its source in any
manner approved by the department. The owner or operator of a
landfill shall not permit disposal in the landfill of sewage sludge
unless the landfill has a sewage sludge odor management plan. The
plan shall identify the sources of sewage sludge to be disposed of
in the landfill and shall describe specific practices to minimize
odors from the handling and disposal of the sewage sludge,
including, but not limited to, restrictions on sewage sludge
quality, the volume and timing of deliveries of sewage sludge, the
type of cover applied to sewage sludge, and the frequency of
application of cover. The department shall develop a model sewage
sludge odor management plan for use by landfills in developing
plans under this subsection.
(5) (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.
(6) (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) or subsection (5), 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.
(7) (6)
As used in this section, "de minimis" means
incidental
disposal of refers to small amounts of these materials
that
are material or numbers of
items, as applicable, commingled
and incidentally disposed of with other solid waste.