HB-5798, As Passed House, November 28, 2012

HOUSE BILL No. 5798

August 15, 2012, Introduced by Rep. LaFontaine and referred to the Committee on Regulatory Reform.

(as amended November 27, 2012)

[A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11503, 11505, and 11506 (MCL 324.11503, 324.11505,

and 324.11506), sections 11503 and 11505 as amended by 2007 PA 212 and

section 11506 as amended by 2010 PA 345, and by adding section 11521b.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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) "Department" means the department of environmental

quality.

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

(4) "Discharge" includes, but is not limited to, any spilling,

leaking, pumping, pouring, emitting, emptying, discharging,

injecting, escaping, leaching, dumping, or disposing of a substance

House Bill No. 5798 as amended November 27, 2012

into the environment which is or may become injurious to the public

health, safety, or welfare, or to the environment.

(5) "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. However, a waste diversion center

is not a disposal area.

(6) "Diverted waste" means waste that meets all of the

following requirements:

(a) Is generated by households[, Businesses, or governmental

entities.]

(b) Can lawfully be disposed of at a licensed sanitary

landfill or municipal solid waste incinerator.

(d) Is 1 or more of the following:

(i) Hazardous waste.

(ii) Liquid waste.

(iii) Pharmaceuticals.

(iv) Electronics.

(v) Batteries.

(vi) Light bulbs.

(vii) Pesticides.

(viii) Thermostats, switches, thermometers, or other devices

House Bill No. 5798 as amended November 27, 2012

that contain elemental mercury.

[(ix) SHARPS. ]

(x) Other wastes approved by the department that can be

readily separated from solid waste for diversion to preferred

methods of management and disposal.

(7) ~~(6)~~ "Enforceable mechanism" means a legal method whereby

the state, a county, a municipality, or 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.

(8) ~~(7)~~ "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.

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

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

(10) ~~(9)~~ "Farm operation" means that term as defined in

section 2 of the Michigan right to farm act, 1981 PA 93, MCL

286.472.

(11) ~~(10)~~ "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.

(12) ~~(11)~~ "Financial test" means a corporate or local

government financial test or guarantee approved for type II

landfills under 42 USC 6941 to 6949a and regulations promulgated

under 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.

(13) ~~(12)~~ "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.

(14) ~~(13)~~ "Garbage" means rejected food wastes including waste

accumulation of animal, fruit, or vegetable matter used or intended

for food or that results from the preparation, use, cooking,

dealing in, or storing of meat, fish, fowl, fruit, or vegetable

matter.

(15) ~~(14)~~ "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.

(16) ~~(15)~~ "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.

(17) ~~(16)~~ "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 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) "SHARPS" MEANS THAT TERM AS DEFINED IN SECTION 13807 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.13807.

(8) ~~(7)~~ "Site separated material" means glass, metal, wood, paper products, plastics, rubber, textiles, garbage, 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.

(9) ~~(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. However, solid waste does not

include the following:

(a) Human body waste.

(b) Medical waste.

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, 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

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) Diverted waste that is managed through a waste diversion

center.

(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, 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

material approved by the department that is separated at the source

of generation for the purpose of conversion into raw materials or

House Bill No. 5798 as amended November 27, 2012

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) "Waste diversion center" means [Property or a building, or a

portion of property or a building, designated for the purpose of

receiving or] collecting diverted wastes and located in an area

that is not zoned residential.

(9) ~~(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 does not

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

sludge, or garbage.

Sec. 11521b. (1) The operator of a waste diversion center

shall comply with all of the following requirements:

(a) At least 90%, by volume, of the material collected at the

waste diversion center shall consist of diverted waste to be

managed at the waste diversion center.

(b) The waste diversion center shall be operated by personnel

who are knowledgeable about the safe management of the types of

diverted waste that are accepted at the waste diversion center.

that prevents the release of any diverted waste or component of

diverted waste to the environment.

(d) The operator shall not store diverted waste overnight at

the waste diversion center except in a secure, contained facility.

(e) Within 1 year after diverted waste is collected by the

waste diversion center, that diverted waste shall be transported

from the waste diversion center to a waste diversion center,

recycling facility, or disposal facility that is in compliance with

this act, for processing, recycling, or disposal.

(f) The operator shall not process diverted waste except to

the extent necessary for the safe and efficient transportation of

the diverted waste.

(g) The operator shall record the types and quantities of

diverted wastes collected, the period of storage, and where the

diverted wastes were transferred, processed, recycled, or disposed

of. The operator shall maintain the records for at least 3 years

and shall make the records available to the department upon

request.

(2) Management of diverted wastes as required by this section

is not considered disposal for the purposes of section 11538(6).