May 17, 2007, Introduced by Senator SANBORN 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 11502, 11504, 11505, and 11506 (MCL 324.11502,
324.11504, 324.11505, and 324.11506), section 11502 as amended by
2004 PA 35, section 11504 as amended by 1996 PA 359, and section
11506 as amended by 1998 PA 466.
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.
(c) A mixed wine drink or a mixed spirit drink.
(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 another
state statute or a
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 another state statute or a
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" means the process by which biological
decomposition of organic matter is carried out under controlled
aerobic conditions, or within a controlled system designed for the
anaerobic decomposition of organic matter, and which stabilizes the
organic fraction into a material that can easily and safely be
stored, handled, and used in an environmentally acceptable manner.
Decomposition under controlled aerobic conditions may include the
presence of insignificant anaerobic zones within the composting
material.
(10) "Composting facility" means a facility where composting
occurs using physical turning, windrowing, aeration, vermiculture,
or other means as approved by the director.
(11) (9)
"Consistency review"
means evaluation of the
administrative and technical components of an application for a
permit
, or license, or for 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.
(12) (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 to 42 USC 6941 to 6949a or and regulations
promulgated
pursuant to that act thereunder.
Sec. 11504. (1) "Health officer" means a full-time
administrative officer of a certified city, county, or district
department of health.
(2) "Inert material" means a substance that will not
decompose, dissolve, or in any other way form a contaminated
leachate upon contact with water, or other liquids determined by
the department as likely to be found at the disposal area,
percolating through the substance.
(3) "Insurance" means insurance that conforms to the
requirements
of 40 C.F.R. CFR 258.74(d) provided by an insurer who
has a certificate of authority from the Michigan commissioner of
insurance to sell this line of coverage. An applicant for an
operating license shall submit evidence of the required coverage by
submitting both of the following to the department:
(a) A certificate of insurance that uses wording approved by
the department.
(b) A certified true and complete copy of the insurance
policy.
(4) "Landfill" means a disposal area that is a sanitary
landfill.
(5) "Letter of credit" means an irrevocable letter of credit
that
complies with 40 C.F.R. CFR
258.74(c).
(6) "Medical waste" means that term as it is defined in part
138
of the public health code, Act No. 378 of the Public Acts of
1978,
being sections 333.13801 to 333.13831 of the Michigan
Compiled
Laws 1978 PA 368, MCL
333.13801 to 333.13831.
(7) "Municipal solid waste incinerator" means an incinerator
that is owned or operated by any person, and meets all of the
following requirements:
(a) The incinerator receives solid waste from off site and
burns only household waste from single and multiple dwellings,
hotels, motels, and other residential sources, or this household
waste together with solid waste from commercial, institutional,
municipal, county, or industrial sources that, if disposed of,
would not be required to be placed in a disposal facility licensed
under part 111.
(b) The incinerator has established contractual requirements
or other notification or inspection procedures sufficient to assure
that the incinerator receives and burns only waste referred to in
subdivision (a).
(c) The incinerator meets the requirements of this part and
the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in
40
C.F.R. CFR 260.10.
(e) The incinerator is not an incinerator that receives and
burns only medical waste or only waste produced at 1 or more
hospitals.
(8) "Municipal solid waste incinerator ash" means the
substances remaining after combustion in a municipal solid waste
incinerator.
(9) "Nonqualified yard clippings" means yard clippings other
than qualified yard clippings.
(10) (9)
"Perpetual care fund"
means a perpetual care fund
provided for in section 11525.
(10)
"Trust fund" means a trust fund held by a trustee which
has
the authority to act as a trustee and whose trust operations
are
regulated and examined by a federal or state agency. A trust
fund
shall comply with section 11523b.
(11) "Qualified yard clippings" means yard clippings composted
at the site of generation or accumulated for composting, storage,
transfer, or disposal in a quantity of less than 1,000 cubic yards.
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, qualified 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, nonqualified yard clippings, 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.
(c) Organic waste generated in the production of livestock and
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 does not require a plan under this
subdivision or a permit or license under this part, but shall 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) Nonqualified yard clippings managed, or stored for transfer
to be managed, at a composting facility, for appropriate
agricultural, horticultural, or silvicultural use consistent with
generally accepted agricultural management practices as determined
by the department of agriculture and pursuant to a plan approved by
the department in consultation with the department of agriculture.
(m)
(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) "Trust fund" means a trust fund held by a trustee that has
the authority to act as a trustee and whose trust operations are
regulated and examined by a federal or state agency. A trust fund
shall comply with section 11523b.
(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.