November 1, 2007, Introduced by Senator BIRKHOLZ and referred to the Committee on Energy Policy and Public Utilities.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11504, 11507a, and 11514 (MCL 324.11504,
324.11507a, and 324.11514), section 11504 as amended by 1996 PA
359, section 11507a as amended by 2004 PA 39, and section 11514 as
amended by 2005 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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) "Landfill energy production facility" means a landfill
that meets all of the following requirements:
(a) The landfill's operating license authorizes the recovery
of gas produced by waste in the landfill as a source of energy for
a demonstrated use.
(b) An operable gas collection system exists or is planned for
those cells of the landfill where yard clippings are disposed of.
(6) (5)
"Letter of credit" means
an irrevocable letter of
credit
that complies with 40 C.F.R. CFR
258.74(c).
(7) (6)
"Medical waste" means
that term as it is defined in
part
138 section 13805 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 333.13805.
(8) (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 solid waste from single and multiple
dwellings,
hotels, motels, and other residential sources, or this
such household waste together with solid waste from commercial,
institutional, municipal, county, or industrial sources that, if
otherwise 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
ensure 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.
(9) (8)
"Municipal solid waste
incinerator ash" means the
substances remaining after combustion in a municipal solid waste
incinerator.
(10) (9)
"Perpetual care fund"
means a perpetual care fund
provided for in section 11525.
(11) (10)
"Trust fund" means a
trust fund held by a trustee
which
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.
Sec. 11507a. (1) The owner or operator of a landfill shall
annually submit a report to the state and the county and
municipality in which the landfill is located that contains
information
on the all of the
following:
(a) The amount of solid waste received by the landfill during
the year itemized, to the extent possible, by county, state, or
country
of origin. and the
(b) The amount of remaining disposal capacity at the landfill.
Remaining disposal capacity shall be calculated as the permitted
capacity less waste in place for any area that has been constructed
and is not yet closed plus the permitted capacity for each area
that has a permit for construction under this part but has not yet
been constructed.
(c) If the landfill is a landfill energy production facility,
the amount of gas recovered during the year and the use to which
the gas was put as a source of energy.
(2) The report under subsection (1) shall be submitted on a
form provided by the department within 45 days following the end of
each state fiscal year.
(3) (2)
By January 31 of each year, the
department shall
submit to the legislature a report summarizing the information
obtained under subsection (1).
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
1 or both of the following
apply:
(i) The yard clippings are diseased or infested.
(ii) The landfill is a landfill energy production facility.
(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 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.
(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 a small
quantity of material that is commingled and incidentally disposed
of with other solid waste.