Bill Text: MI HB4804 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Environmental protection; landfills; disposal of certain radioactive waste in landfills; regulate. Amends sec. 11514 of 1994 PA 451 (MCL 324.11514) & adds sec. 11131.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-07-12 - Bill Electronically Reproduced 06/20/2017 [HB4804 Detail]

Download: Michigan-2017-HB4804-Introduced.html

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HOUSE BILL No. 4804

 

 

June 20, 2017, Introduced by Reps. Pagan, Faris, Hoadley, Geiss and Chang 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 11514 (MCL 324.11514), as amended by 2008 PA

 

394, and by adding section 11131.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11131. (1) A person shall not deliver to a landfill for

 

disposal and the owner or operator of a landfill shall not permit

 

disposal in the landfill of technologically enhanced, naturally

 

occurring radioactive material unless the concentration of radium-

 

226, radium-228, or any combination of these does not exceed 50

 

picocuries per gram, averaged over any single container.

 

     (2) Before delivering TENORM to a landfill for disposal, the

 

generator must provide the following information in writing to the

 

department's office of waste management and radiological

 

protection, or successor office:

 

     (a) The concentration of radium-226, radium-228, or any

 

combination of radium-226 and radium-228 in the TENORM based on

 

representative sampling.

 

     (b) An estimate of the total volume of the TENORM.

 

     (c) An estimate of the total radioactivity content of the

 

TENORM.

 

     (d) The proposed date of delivery.

 

     (e) The name and address of the landfill.

 

     (3) The department may test TENORM proposed to be delivered to

 

a landfill under subsection (2).

 

     (4) A landfill owner or operator shall test all waste received

 

by the landfill for radium-226, radium-228, or any combination of

 

radium-226 and radium-228. For each shipment of TENORM received by

 

a landfill, the landfill owner or operator shall record all of the

 

following:

 

     (a) The information described in subsection (2)(a) to (c), as

 

determined independently by the landfill.

 

     (b) The name and address of the generator.

 

     (c) The date of delivery.

 

     (5) A landfill owner or operator shall annually report to the

 

department the information recorded under subsection (4).

 

     (6) The owner or operator of a landfill shall not permit

 

disposal in the landfill of more than 2,000 cubic meters of TENORM

 

annually. TENORM shall be deposited at least 10 feet below the

 

bottom of the future landfill cap and kept separate from other

 

waste in the landfill.

 

     (7) If the owner or operator of a landfill has permitted

disposal of TENORM in the landfill, the owner or operator shall

 

test the landfill leachate and groundwater for radium-226 and

 

radium-228 and report the test results to the department. The tests

 

shall be conducted and the results reported when leachate and

 

groundwater testing and reporting are otherwise required under the

 

landfill's operating license or rules promulgated under this part.

 

     (8) As used in this section:

 

     (a) "Landfill" means that term as defined in section 11103 or

 

a municipal solid waste landfill regulated under part 115.

 

     (b) "Technologically enhanced, naturally occurring radioactive

 

material" or "TENORM" means naturally occurring radioactive

 

material with radionuclide concentrations that are increased by or

 

as a result of past or present human activities.

 

     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 This 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 333.13831.333.13832.

 

     (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).

 

     (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.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, 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.

 

     (5) The disposal of technologically enhanced, naturally

 

occurring radioactive material in a landfill is subject to section

 

11131.

 

     (6) (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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.