SB-0513, As Passed Senate, December 13, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 513

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11502, 11503, 11505, 11506, and 11514 (MCL

324.11502, 324.11503, 324.11505, 324.11506, and 324.11514), section

11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended

by 1998 PA 466, and section 11514 as amended by 2005 PA 243, and by

adding section 11521.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 11502. (1) "Applicant" includes any person.

(2) "Ashes" means the residue from the burning of wood, coal,

coke, refuse, wastewater sludge, or other combustible materials.

(3) "Beverage container" means an airtight metal, glass,

paper, or plastic container, or a container composed of a

combination of these materials, which, at the time of sale,

contains 1 gallon or less of any of the following:

(a) A soft drink, soda water, carbonated natural or mineral

water, or other nonalcoholic carbonated drink.

(b) A beer, ale, or other malt drink of whatever alcoholic

content.

(4) "Bond" means a financial instrument executed on a form

approved by the department, including a surety bond from a surety

company authorized to transact business in this state, a

certificate of deposit, a cash bond, an irrevocable letter of

credit, insurance, a trust fund, an escrow account, or a

combination of any of these instruments in favor of the department.

The owner or operator of a disposal area who is required to

establish a bond under other state or federal statute may petition

the department to allow such a bond to meet the requirements of

this part. The department shall approve a bond established under

other state or federal statute if the bond provides equivalent

funds and access by the department as other financial instruments

allowed by this subsection.

(5) "Certificate of deposit" means a negotiable certificate of

deposit held by a bank or other financial institution regulated and

examined by a state or federal agency, the value of which is fully

insured by an agency of the United States government. A certificate

of deposit used to fulfill the requirements of this part shall be

in the sole name of the department with a maturity date of not less

than 1 year and shall be renewed not less than 60 days before the

maturity date. An applicant who uses a certificate of deposit as a

bond shall receive any accrued interest on that certificate of

deposit upon release of the bond by the department.

(6) "Certified health department" means a city, county, or

district department of health that is specifically delegated

authority by the department to perform designated activities as

prescribed by this part.

(7) "Coal or wood ash" means either or both of the following:

(a) The residue remaining after the ignition of coal or wood,

or both, and may include noncombustible materials, otherwise

referred to as bottom ash.

(b) The airborne residues from burning coal or wood, or both,

that are finely divided particles entrained in flue gases arising

from a combustion chamber, otherwise referred to as fly ash.

(8) "Collection center" means a tract of land, building, unit,

or appurtenance or combination thereof that is used to collect junk

motor vehicles and farm implements under section 11530.

(9) "Composting facility" means a facility where composting of

yard clippings or other organic materials occurs using mechanical

handling techniques such as physical turning, windrowing, or

aeration or using other management techniques approved by the

director.

(10) ~~(9)~~ "Consistency review" means evaluation of the

administrative and technical components of an application for a

permit , or license , or ~~for~~ evaluation of operating conditions in

the course of inspection, for the purpose of determining

consistency with the requirements of this part, rules promulgated

under this part, and approved plans and specifications.

(11) ~~(10)~~ "Corrective action" means the investigation,

assessment, cleanup, removal, containment, isolation, treatment, or

monitoring of constituents, as defined in a facility's approved

hydrogeological monitoring plan, released into the environment from

a disposal area, or the taking of other actions related to the

release as may be necessary to prevent, minimize, or mitigate

injury to the public health, safety, or welfare, the environment,

or natural resources that is consistent with ~~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 or and regulations promulgated

~~pursuant to that act~~ thereunder.

Sec. 11503. (1) "De minimis" refers to a small amount of

material or number of items, as applicable, commingled and

incidentally disposed of with other solid waste.

(2) ~~(1)~~ "Department" means the department of environmental

quality.

(3) ~~(2)~~ "Director" means the director of the department.

(4) ~~(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.

(5) ~~(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.

(d) Processing plant.

(e) Other solid waste handling or disposal facility utilized

in the disposal of solid waste.

(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) "Farm" means that term as defined in section 2 of the

Michigan right to farm act, 1981 PA 93, MCL 286.472.

(9) "Farm operation" means that term as defined in section 2

of the Michigan right to farm act, 1981 PA 93, MCL 286.472.

(10) ~~(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.

(11) ~~(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.

(12) ~~(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.

quality, or other product specifications and which were intended

for human or animal consumption.

(13) ~~(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.

(14) ~~(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.

rules promulgated by the department.

(15) ~~(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).

(d) Any other chemical designated in rules promulgated by the

department.

(16) ~~(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. 11505. (1) "Recyclable materials" means source separated

materials, site separated materials, high grade paper, glass,

metal, plastic, aluminum, newspaper, corrugated paper, yard

clippings, and other materials that may be recycled or composted.

(2) "Regional solid waste management planning agency" means

the regional solid waste planning agency designated by the governor

pursuant to ~~section 4006 of subtitle D of the solid waste disposal~~

~~act, title II of Public Law 89-272, 42 U.S.C.~~ 42 USC 6946.

(3) "Resource recovery facility" means machinery, equipment,

structures, or any parts or accessories of machinery, equipment, or

structures, installed or acquired for the primary purpose of

recovering materials or energy from the waste stream.

(4) "Response activity" means an activity that is necessary to

protect the public health, safety, welfare, or the environment, and

includes, but is not limited to, evaluation, cleanup, removal,

containment, isolation, treatment, monitoring, maintenance,

replacement of water supplies, and temporary relocation of people.

(5) "Rubbish" means nonputrescible solid waste, excluding

ashes, consisting of both combustible and noncombustible waste,

including paper, cardboard, metal containers, yard clippings, wood,

glass, bedding, crockery, demolished building materials, or litter

of any kind that may be a detriment to the public health and

safety.

(6) "Salvaging" means the lawful and controlled removal of

reusable materials from solid waste.

(7) "Site separated material" means glass, metal, wood, paper

products, plastics, rubber, textiles, garbage, ~~yard clippings,~~ or

any other material approved by the department that is separated

from solid waste for the purpose of conversion into raw materials

or new products. Site separated material does not include the

residue remaining after glass, metal, wood, paper products,

plastics, rubber, textiles, or any other material approved by the

department is separated from solid waste.

(8) "Slag" means the nonmetallic product resulting from

melting or smelting operations for iron or steel.

Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,

incinerator ash, incinerator residue, street cleanings, municipal

and industrial sludges, solid commercial and solid industrial

waste, and animal waste other than organic waste generated in the

production of livestock and poultry. ~~Solid~~ However, solid waste

does not include the following:

(a) Human body waste.

(b) Medical waste as it is defined in part 138 of the public

health code, 1978 PA 368, MCL 333.13801 to 333.13831, and regulated

under that part and part 55.

poultry.

(d) Liquid waste.

(e) Ferrous or nonferrous scrap directed to a scrap metal

processor or to a reuser of ferrous or nonferrous products.

(f) Slag or slag products directed to a slag processor or to a

reuser of slag or slag products.

(g) Sludges and ashes managed as recycled , or nondetrimental

materials appropriate for agricultural or silvicultural use

pursuant to a plan approved by the department. Food processing

residuals; wood ashes resulting solely from a source that burns

only wood that is untreated and inert; lime from kraft pulping

processes generated prior to bleaching; or aquatic plants may be

applied on, or composted and applied on, farmland or forestland for

an agricultural or silvicultural purpose, or used as animal feed,

as appropriate, and such an application or use does not require a

plan described in this subdivision or a permit or license under

this part. In addition, source separated materials approved by the

department for land application for agricultural and silvicultural

purposes and compost produced from those materials may be applied

to the land for agricultural and silvicultural purposes and such an

application does not require a plan described in this subdivision

or permit or license under this part. Land application authorized

under this subdivision for an agricultural or silvicultural

purpose, or use as animal feed, as provided for in this subdivision

shall ~~occur~~ be performed in a manner that prevents losses from

runoff and leaching. ~~, and if applied to land, the land~~ Land

application under this subdivision shall be at an agronomic rate

consistent with generally accepted agricultural and management

practices under the Michigan right to farm act, 1981 PA 93, MCL

286.471 to 286.474.

(h) Materials approved for emergency disposal by the

department.

(i) Source separated materials.

(j) Site separated material.

(k) Fly ash or any other ash produced from the combustion of

coal, when used in the following instances:

(i) With a maximum of 6% of unburned carbon as a component of

concrete, grout, mortar, or casting molds.

(ii) With a maximum of 12% unburned carbon passing M.D.O.T.

test method MTM 101 when used as a raw material in asphalt for road

construction.

(iii) As aggregate, road, or building material ~~which~~ that in

ultimate use will be stabilized or bonded by cement, limes, or

asphalt.

(iv) As a road base or construction fill that is covered with

asphalt, concrete, or other material approved by the department and

~~which~~ that is placed at least 4 feet above the seasonal groundwater

table.

(v) As the sole material in a depository designed to reclaim,

develop, or otherwise enhance land, subject to the approval of the

department. In evaluating the site, the department shall consider

the physical and chemical properties of the ash including

leachability, and the engineering of the depository, including, but

not limited to, the compaction, control of surface water and

groundwater that may threaten to infiltrate the site, and evidence

that the depository is designed to prevent water percolation

through the material.

(l) Other wastes regulated by statute.

(2) "Solid waste hauler" means a person who owns or operates a

solid waste transporting unit.

(3) "Solid waste processing plant" means a tract of land,

building, unit, or appurtenance of a building or unit or a

combination of land, buildings, and units that is used or intended

for use for the processing of solid waste or the separation of

material for salvage or disposal, or both, but does not include a

plant engaged primarily in the acquisition, processing, and

shipment of ferrous or nonferrous metal scrap, or a plant engaged

primarily in the acquisition, processing, and shipment of slag or

slag products.

(4) "Solid waste transporting unit" means a container that may

be an integral part of a truck or other piece of equipment used for

the transportation of solid waste.

(5) "Solid waste transfer facility" means a tract of land, a

building and any appurtenances, or a container, or any combination

of land, buildings, or containers that is used or intended for use

in the rehandling or storage of solid waste incidental to the

transportation of the solid waste, but is not located at the site

of generation or the site of disposal of the solid waste.

(6) "Source separated material" means glass, metal, wood,

paper products, plastics, rubber, textiles, garbage, ~~yard~~

~~clippings,~~ or any other material approved by the department that is

separated at the source of generation for the purpose of conversion

into raw materials or new products including, but not limited to,

compost.

(7) "Type I public water supply", "type IIa public water

supply", "type IIb public water supply", and "type III public water

supply" mean those terms, respectively, as described in R 325.10502

of the Michigan administrative code.

(8) ~~(7)~~ "Yard clippings" means leaves, grass clippings,

vegetable or other garden debris, shrubbery, or brush or tree

trimmings, less than 4 feet in length and 2 inches in diameter,

that can be converted to compost humus. Yard clippings do not

include stumps, agricultural wastes, animal waste, roots, sewage

sludge, or garbage.

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.

tires.

(d) More than a de minimis amount of yard clippings, unless

they are diseased, or infested, or composed of invasive species as

authorized by section 11521(1)(i).

(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.

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, or composed

of invasive species as authorized by section 11521(1)(i). 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 commingled~~

~~with other solid waste.~~

Sec. 11521. (1) Yard clippings shall be managed by 1 of the

following means:

(a) Composted on the property where the yard clippings are

generated.

(b) Temporarily accumulated under subsection (2).

than 200 cubic yards of yard clippings if decomposition occurs

without creating a nuisance.

(d) Composted on a farm as described by subsection (3).

(e) Composted at site that qualifies as a registered

composting facility under subsection (4).

(f) Decomposed in a controlled manner using a closed container

to create and maintain anaerobic conditions if in compliance with

part 55 and otherwise approved by the director under this part.

(g) Composted and used as part of normal operations by a

municipal solid waste landfill if the composting and use meet all

of the following requirements:

(i) Take place on property described in the landfill

construction permit.

(ii) Are described in and consistent with the landfill

operation plans.

(iii) Are otherwise in compliance with this act.

(h) Processed at a processing plant in accordance with this

part and the rules promulgated under this part.

(i) Disposed of in a landfill or an incinerator, but only if

the yard clippings are diseased or infested or are composed of

invasive plants, such as garlic mustard, purple loosestrife, or

spotted knapweed, that were collected through an eradication or

control program, include no more than a de minimis amount of other

yard clippings, and are inappropriate to compost.

(2) A person may temporarily accumulate yard clippings at a

site not designed for composting if all of the following

requirements are met:

(a) The accumulation does not create a nuisance or otherwise

result in a violation of this act.

(b) The yard clippings are not mixed with other compostable

materials.

greater volume is approved by the department.

(d) Yard clippings placed on site on or after April 1 but

before December 1 are moved to another location and managed as

provided in subsection (1) within 30 days after being placed on

site. The director may approve a longer time period based on a

demonstration that additional time is necessary.

(e) Yard clippings placed on site on or after December 1 but

before the next April 1 are moved to another location and managed

as provided in subsection (1) by the next April 10 after the yard

clippings are placed on site.

(f) The owner or operator of the site maintains and makes

available to the department records necessary to demonstrate that

the requirements of this subsection are met.

(3) A person may compost yard clippings on a farm if

composting does not otherwise result in a violation of this act and

is done in accordance with generally accepted agricultural and

management practices under the Michigan right to farm act, 1981 PA

93, MCL 286.471 to 286.474, and if 1 or more of the following

apply:

(a) Only yard clippings generated on the farm are composted.

(b) There are not more than 5,000 cubic yards of yard

clippings on the farm.

on the farm at any time, all of the following requirements are met:

(i) The farm operation accepts yard clippings generated at a

location other than the farm only to assist in management of waste

material generated by the farm operation.

(ii) The farm operation does not accept yard clippings

generated at a location other than the farm for monetary or other

valuable consideration.

(iii) The owner or operator of the farm registers with the

department of agriculture on a form provided by the department of

agriculture and certifies that the farm operation meets and will

continue to meet the requirements of subparagraphs (i) and (ii).

(4) A site qualifies as a registered composting facility if

all of the following requirements are met:

(a) The owner or operator of the site registers as a

composting facility with the department and reports to the

department within 30 days after the end of each state fiscal year

the amount of yard clippings and other compostable material

composted in the previous state fiscal year. The registration and

reporting shall be done on forms provided by the department. The

registration shall be accompanied by a fee of $600.00. The

registration is for a term of 3 years. Registration fees collected

under this subdivision shall be forwarded to the state treasurer

for deposit in the solid waste staff account of the solid waste

management fund established in section 11550.

(b) The site is operated in compliance with the following

location restrictions:

(i) If the site is in operation on December 1, 2007, the

management or storage of yard clippings, compost, and residuals

does not expand from its location on that date to an area that is

within the following distances from any of the following features:

(A) 50 feet from a property line.

(B) 200 feet from a residence.

stream, or wetland.

(ii) If the site begins operation after December 1, 2007, the

management or storage of yard clippings, compost, and residuals

occurs in an area that is not in the 100-year floodplain and is at

least the following distances from each of the following features:

(A) 50 feet from a property line.

(B) 200 feet from a residence.

stream, or wetland.

(D) 2,000 feet from a type I or type IIA water supply well.

(E) 800 feet from a type IIB or type III water supply well.

(F) 500 feet from a church or other house of worship,

hospital, nursing home, licensed day care center, or school, other

than a home school.

(G) 4 feet above groundwater.

that meets all of the following requirements:

(i) Does not violate this act or create a facility as defined

in section 20101.

(ii) Unless approved by the department, does not result in more

than 5,000 cubic yards of yard clippings and other compostable

material, compost, and residuals present on any acre of property at

the site.

(iii) Does not result in an accumulation of yard clippings for a

period of over 3 years unless the site has the capacity to compost

the yard clippings and the owner or operator of the site can

demonstrate, beginning in the third year of operation and each year

thereafter, unless a longer time is approved by the director, that

the amount of yard clippings and compost that is transferred off-

site in a calendar year is not less than 75% by weight or volume,

accounting for natural volume reduction, of the amount of yard

clippings and compost that was on-site at the beginning of the

calendar year.

(iv) Results in finished compost with not more than 1%, by

weight, of foreign matter that will remain on a 4 millimeter

screen.

(v) If yard clippings are collected in bags other than paper

bags, debags the yard clippings by the end of each business day.

(vi) Prevents the pooling of water by maintaining proper slopes

and grades.

(vii) Properly manages storm water runoff.

(viii) Does not attract or harbor rodents or other vectors.

(d) The owner or operator maintains, and makes available to

the department, all of the following records:

(i) Records identifying the volume of yard clippings and other

compostable material accepted by the facility and the volume of

yard clippings and other compostable material and of compost

transferred off-site each month.

(ii) Records demonstrating that the composting operation is

being performed in a manner that prevents nuisances and minimizes

anaerobic conditions. Unless other records are approved by the

department, these records shall include records of carbon-to-

nitrogen ratios, the amount of leaves and the amount of grass in

tons or cubic yards, temperature readings, moisture content

readings, and lab analysis of finished products.

(5) A site at which yard clippings are managed in accordance

with this section, other than a site described in subsection

(1)(g), (h) or (i), is not a disposal area, notwithstanding section

11503(5).

(6) Except with respect to subsection (1)(h) and (i),

management of yard clippings in accordance with this section is not

considered disposal for purposes of section 11538(6).

Enacting section 1. This amendatory act takes effect 90 days