Bill Text: MI HB4277 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Environmental protection; solid waste; placement of mercury in landfills or incinerators; prohibit except for under limited circumstances and require labeling of mercury-added products. Amends secs. 11503, 11514 & 11539 of 1994 PA 451 (MCL 324.11503 et seq.). TIE BAR WITH: HB 4278'09

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2009-04-23 - Referred To Committee On Natural Resources And Environmental Affairs [HB4277 Detail]

Download: Michigan-2009-HB4277-Engrossed.html

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HB-4277, As Passed House, April 22, 2009

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4277

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 11503, 11514, 11527a, and 11539 (MCL

 

324.11503, 324.11514, 324.11527a, and 324.11539), section 11503 as

 

amended by 2007 PA 212, section 11514 as amended by 2008 PA 394,

 

and section 11527a as added by 2004 PA 42.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11503. (1) "Department" means the department of

 

environmental quality.

 

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

 

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

 

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

 

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

 

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

 

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

 

     (4) "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 An incinerator.

 

     (c) Sanitary A sanitary landfill.

 

     (d) Processing A processing plant.

 

     (e) Other Another solid waste handling or disposal facility

 

utilized in the disposal of solid waste.

 

     (5) "Enforceable mechanism" means a legal method whereby the

 

state, a county, a municipality, or a 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.

 

     (6) "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 that complies

 

with section 11523b.

 

     (7) "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.

 

     (8) "Financial test" means a corporate or local government

 

financial test or guarantee approved for type II landfills under

 

subtitle D of the solid waste disposal act, title II of Public Law

 

89-272, 42 U.S.C. 6941 and 6942 to 6949a 40 CFR part 258. 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.

 

     (9) "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.

 

     (c) Otherwise unusable food products which that do not meet

 

size, quality, or other product specifications and which that were

 

intended for human or animal consumption.

 

     (10) "Garbage" means rejected food wastes including waste

 

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

 

for food or that attends the preparation, use, cooking, dealing in,

 

or storing of meat, fish, fowl, fruit, or vegetable matter.

 

     (11) "Labeled mercury-added product" means a mercury-added

 

product labeled as provided in section 17208.

 

     (12) "Mercury-added product" means that term as defined in

 

section 17201.

 

     (13) (11) "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.

 

     (c) Any other wood or wood product designated as scrap wood in

 

rules promulgated by the department.

 

     (14) (12) "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).

 

     (c) Ammoniacal copper zinc arsenate (ACZA).

 

     (d) Any other chemical designated in rules promulgated by the

 

department.

 

     (15) (13) "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. 11514. (1) Optimizing recycling opportunities, including

 

electronics 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, including the

 

reuse of materials from electronic devices, 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. Policies and

 

practices that promote recycling and reuse of materials, including

 

materials from electronic devices, will conserve raw materials,

 

conserve landfill space, and avoid the contamination of soil and

 

groundwater from heavy metals and other pollutants.

 

     (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 are diseased, infested, or composed of invasive species as

 

authorized by section 11521(1)(i).

 

     (e) Beginning January 1, 2013, a mercury-added product.

 

     (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.

 

     (i) Beginning January 1, 2010, liquid elemental mercury unless

 

contained in a mercury-added product.

 

     (j) Beginning January 1, 2013, a labeled mercury-added

 

product.

 

     (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 any of the following:

 

     (a) More than a de minimis amount of yard clippings, unless

 

they are diseased, infested, or composed of invasive species as

 

authorized by section 11521(1)(i). 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.

 

     (b) Beginning January 1, 2011, a mercury-added product.

 

     (5) Beginning January 1, 2010, a person shall not deliver to

 

an incinerator for disposal, or, if the person is an owner or

 

operator of an incinerator, permit disposal at the incinerator of,

 

liquid elemental mercury unless contained in a mercury-added

 

product.

 

     (6) Beginning January 1, 2011, a person shall not deliver to

 

an incinerator for disposal, or, if the person is an owner or

 

operator of an incinerator, permit disposal at the incinerator of,

 

a labeled mercury-added product.

 

     (7) (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.

 

     Sec. 11527a. (1) The department shall post on its website a

 

list of materials prohibited from disposal in a landfill or

 

incinerator under section 11514 and appropriate disposal options

 

for those materials.

 

     (2) A solid waste hauler that disposes of solid waste in a

 

landfill or incinerator shall annually notify each of its customers

 

of each of the following:

 

     (a) The materials that are prohibited from disposal in a

 

landfill or incinerator, respectively, under section 11514.

 

     (b) The appropriate disposal options for those materials as

 

described on the department's website.

 

     (c) The department's website address where the disposal

 

options are described.

 

     Sec. 11539. (1) The director shall not approve a plan update

 

unless:

 

     (a) The plan contains an analysis or evaluation of the best

 

available information applicable to the plan area in regard to

 

recyclable materials and all of the following:

 

     (i) The kind and volume of material in the plan area's waste

 

stream that may be recycled or composted.

 

     (ii) How various factors do or may affect a recycling and

 

composting program in the plan area. Factors shall include an

 

evaluation of the existing solid waste collection system; materials

 

market; transportation networks; local composting and recycling

 

support groups; , or both; institutional arrangements; the

 

population in the plan area; and other pertinent factors.

 

     (iii) An identification of impediments to implementing a

 

recycling and composting program and recommended strategies for

 

removing or minimizing impediments.

 

     (iv) How recycling and composting and other processing or

 

disposal methods could complement each other and an examination of

 

the feasibility of excluding site separated material and source

 

separated material from other processing or disposal methods.

 

     (v) Identification and quantification of environmental,

 

economic, and other benefits that could result from the

 

implementation of a recycling and composting program.

 

     (vi) The feasibility of source separation of materials that

 

contain potentially hazardous components at disposal areas. This

 

subparagraph applies only to plan updates that are due after

 

January 31, 1989.

 

     (b) The plan either provides for recycling and composting

 

recyclable materials from the plan area's waste stream. or This

 

subdivision does not apply to recycling or composting if the plan

 

establishes that recycling and or composting, are respectively, is

 

not necessary or feasible or is only necessary or feasible to a

 

limited extent.

 

     (c) A plan that proposes a recycling program or composting

 

program, or both, details the major features of that program,

 

including all of the following:

 

     (i) The kinds and volumes of recyclable materials that will be

 

recycled or composted.

 

     (ii) Collection methods.

 

     (iii) Measures that will ensure collection, such as ordinances

 

or cooperative arrangements, or both.

 

     (iv) Ordinances or regulations affecting the program.

 

     (v) The role of counties and municipalities in implementing

 

the plan.

 

     (vi) The involvement of existing recycling interests, solid

 

waste haulers, and the community.

 

     (vii) Anticipated costs.

 

     (viii) On-going Ongoing program financing.

 

     (ix) Equipment selection.

 

     (x) Public and private sector involvement.

 

     (xi) Site availability and selection.

 

     (xii) Operating parameters, such as pH and heat range.

 

     (d) The plan includes an evaluation of how the planning entity

 

is meeting the state's waste reduction and recycling goals as

 

established pursuant to section 11541(4).

 

     (d) For a plan amended or updated after the effective date of

 

the 2009 amendatory act that added this subdivision, the plan

 

provides for the collection and the proper management or disposal

 

of mercury-added products.

 

     (2) The director may promulgate rules as may be necessary to

 

implement this section.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 4278 of the 95th Legislature is enacted into

 

law.