SB-1079, As Passed House, December 13, 2016
SB-1079, As Passed Senate, October 20, 2016
September 20, 2016, Introduced by Senator PAVLOV and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11511b (MCL 324.11511b), as amended by 2011 PA
215.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11511b. (1) A person may submit to the department a
project abstract for an RDDP. If, based on the project abstract,
the director determines that the RDDP will provide beneficial data
on alternative landfill design, construction, or operating methods,
the person may apply for a construction permit under section 11509,
including the renewal or modification of a construction permit,
authorizing the person to establish the RDDP.
(2) An RDDP is subject to the same requirements, including,
but not limited to, permitting, construction, licensing, operation,
closure, postclosure, financial assurance, fees, and sanctions as
apply to other type II landfills or landfill units under this part
and the rules promulgated under this part, except as provided in
this section.
(3) An extension of the processing period for an RDDP
construction
permit is not subject to the 20% limitation
limitations under section 1307.
(4) An application for an RDDP construction permit shall
include, in addition to the applicable information required in
other type II landfill construction permit applications, all of the
following:
(a) A description of the RDDP goals.
(b) Details of the design, construction, and operation of the
RDDP as necessary to ensure protection of human health and the
environment. The design shall be at least as protective of human
health and the environment as other designs that are required under
this part and rules promulgated under this part.
(c) A list and discussion of the types of waste that will be
disposed of, excluded, or added, including the types and amount of
liquids that will be added under subsection (5) and how the
addition will benefit the RDDP.
(d) A list and discussion of the types of compliance
monitoring and operational monitoring that will be performed.
(e) Specific means to address potential nuisance conditions,
including, but not limited to, odors and health concerns as a
result of human contact.
(5) The department may authorize the addition of liquids,
including, but not limited to, septage waste or other liquid waste,
to solid waste in an RDDP if the applicant has demonstrated that
the addition is necessary to accelerate or enhance the
biostabilization of the solid waste and is not merely a means of
disposal of the liquid. The department may require that the septage
waste, or any other liquid waste, added to an RDDP originate within
the county where the RDDP is located or any county contiguous to
the county where the RDDP is located. If an RDDP is intended to
accelerate or enhance biostabilization of solid waste, the
construction permit application shall include, in addition to the
requirements of subsection (4), all of the following:
(a) An evaluation of the potential for a decreased slope
stability of the waste caused by any of the following:
(i) Increased presence of liquids.
(ii) Accelerated degradation of the waste.
(iii) Increased gas pressure buildup.
(iv) Other relevant factors.
(b) An operations management plan that incorporates all of the
following:
(i) A description of and the proportion and expected quantity
of all components that are needed to accelerate or enhance
biostabilization of the solid waste.
(ii) A description of any solid or liquid waste that may be
detrimental to the biostabilization of the solid waste intended to
be disposed of or to the RDDP goals.
(iii) An explanation of how the detrimental waste described in
subparagraph (ii) will be prevented from being disposed of in cells
approved for the RDDP.
(c) Parameters, such as moisture content, stability, gas
production, and settlement, that will be used by the department to
determine the beginning of the postclosure period for the RDDP
under subsection (10).
(d) Information to ensure that the requirements of subsection
(6) will be met.
(6) An RDDP shall meet all of the following requirements:
(a) Ensure that added liquids are evenly distributed and that
side slope breakout of liquids is prevented.
(b) Ensure that daily cover practices or disposal of low
permeability solid wastes does not adversely affect the free
movement of liquids and gases within the waste mass.
(c) Include all of the following:
(i) A means to monitor the moisture content and temperature of
the waste.
(ii) A leachate collection system of adequate size for the
anticipated increased liquid production rates. The design's factor
of safety shall take into account the anticipated increased
operational temperatures and other factors as appropriate.
(iii) A means to monitor the depth of leachate on the liner.
(iv) An integrated active gas collection system. The system
shall be of adequate size for the anticipated methane production
rates and to control odors. The system shall be operational before
the addition of any material to accelerate or enhance
biostabilization of the solid waste.
(7) The owner or operator of an RDDP for which a construction
permit has been issued shall submit a report to the director at
least once every 12 months on the progress of the RDDP in achieving
its goals. The report shall include a summary of all monitoring and
testing results, as well as any other operating information
specified by the director in the permit or in a subsequent permit
modification or operating condition.
(8) A permit for an RDDP shall specify the term of the permit,
which shall not exceed 3 years. However, the owner or operator of
an RDDP may apply for and the department may grant an extension of
the term of the permit, subject to all of the following
requirements:
(a) The application to extend the term of the permit must be
received by the department at least 90 days before the expiration
of the permit.
(b) The application shall include a detailed assessment of the
RDDP showing the progress of the RDDP in achieving its goals, a
list of problems with the RDDP and progress toward resolving those
problems, and other information that the director determines is
necessary to accomplish the purposes of this part.
(c) If the department fails to make a final decision within 90
days of receipt of an administratively complete application for an
extension of the term of a permit, the term of the permit is
extended for 3 years.
(d) An individual extension shall not exceed 3 years, and the
total
term of the permit with all extensions shall not exceed 12 21
years.
(9) If the director determines that the overall goals of an
RDDP, including, but not limited to, protection of human health or
the environment, are not being achieved, the director may order
immediate termination of all or part of the operations of the RDDP
or may order other corrective measures.
(10) The postclosure period for a facility authorized as an
RDDP begins when the department determines that the unit or portion
of the unit where the RDDP was authorized has reached a condition
similar to the condition that non-RDDP landfills would reach prior
to postclosure. The parameters, such as moisture content,
stability, gas production, and settlement, to attain this condition
shall be specified in the permit. The perpetual care fund required
under section 11525 shall be maintained for the period after final
closure of the landfill as specified under section 11525.
(11) The director may authorize the conversion of an RDDP to a
full-scale operation if the owner or operator of the RDDP
demonstrates to the satisfaction of the director that the goals of
the RDDP have been met and the authorization does not constitute a
less stringent permitting requirement than is required under
subtitle D of the solid waste disposal act, 42 USC 6941 to 6949a.
(12) As used in this section, "RDDP" means a research,
development, and demonstration project for a new or existing type
II landfill unit or for a lateral expansion of a type II landfill
unit.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.