SB-1506, As Passed Senate, December 15, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1506

[A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11506 (MCL 324.11506), as amended by 2007 PA

212, and by adding section 11540a; and to repeal acts and parts of acts.]

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. 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, ; precipitated calcium carbonate from sugar beet

processing, 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 be performed in a manner that prevents losses

from runoff and leaching. 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, if used 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 if used as a raw material in asphalt for

road construction.

     (iii) As aggregate, road, or building material 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

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, but not

limited to, leachability, and the engineering of the depository,

including, but not limited to, the compaction, control of surface

Senate Bill No. 1506 (S-1) as amended December 3, 2010

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

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 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, or any other

Senate Bill No. 1506 (S-1) as amended December 3, 2010

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) "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. 11540a. (1) The department shall not promulgate rules under this part affecting inert materials before March 1, 2011.

     (2) This section is repealed March 1, 2011.]