May 24, 2007, Introduced by Reps. Acciavatti, Pavlov, Meltzer, Stakoe and Tobocman and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11506 (MCL 324.11506), as amended by 1998 PA
466.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 any of 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.
(c)
Organic waste generated in the production of livestock and
or 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,
of material or use of
material as animal feed, as provided
for in this subdivision, shall occur in a manner that prevents
losses
from runoff and leaching. , and if applied to land, the The
land application 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, subject to subsection (3)(b).
(j) Site separated material, subject to subsection (3)(b).
(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 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 of soil at the site, 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" or "processing plant" means
a
tract of land, building, unit, or appurtenance of a building or
unit, or a
any combination of land, buildings, and units thereof
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
subject to both of the following:
(a) Processing plant 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.
(b) Processing plant includes that portion of a farm engaged
in the composting of yard clippings as a part of farm operations if
both of the following requirements are met:
(i) At least 1,000 cubic yards of yard clippings that were
generated off-site were accumulated on the farm at any time during
the past year.
(ii) The owner or operator of the farm received consideration
for accepting any of the yard clippings.
(4)
"Solid waste transporting unit" means a container, that
which 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 thereof
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) "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.