Bill Text: MI HB5005 | 2013-2014 | 97th Legislature | Chaptered

Michigan House Bill 5005 (Prior Session Legislation)

Bill Title: Environmental protection; solid waste; diverted waste; exempt from definition of solid waste and regulate collection centers. Amends secs. 11503, 11505 & 11506 of 1994 PA 451 (MCL 324.11503 et seq.) & adds sec. 11521b.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Passed) 2014-03-05 - Assigned Pa 24'14 With Immediate Effect [HB5005 Detail]

Download: Michigan-2013-HB5005-Chaptered.html

Act No. 24

Public Acts of 2014

Approved by the Governor

March 4, 2014

Filed with the Secretary of State

March 4, 2014

EFFECTIVE DATE: March 4, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2014

Introduced by Reps. LaFontaine, Denby, Franz, Lori, Lyons, Price, Haveman, Lauwers, Graves, Schor, Kowall and Foster

ENROLLED HOUSE BILL No. 5005

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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 2012 PA 446, 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 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 material.

(ii) Liquid waste.

(iii) Pharmaceuticals.

(iv) Electronics.

(v) Batteries.

(vi) Light bulbs.

(vii) Pesticides.

(viii) Thermostats, switches, thermometers, or other devices 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) “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) “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) “Farm” means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.

(10) “Farm operation” means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.

(11) “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) “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) “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 do not meet size, quality, or other product specifications and which were intended for human or animal consumption.

(14) “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) “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.

(16) “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) “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) “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) “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. However, solid waste does not include the following:

(a) Human body waste.

(b) Medical waste.

(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, garbage, 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 that 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 material, 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) Soil that is washed or otherwise removed from sugar beets, has not more than 35% moisture content, and is registered as a soil conditioner under part 85. Any testing required to become registered under part 85 is the responsibility of the generator.

(m) Soil that is relocated under section 20120c.

(n) Diverted waste that is managed through a waste diversion center.

(o) 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 new products including, but not limited to, compost, biogas from anaerobic digestion, or synthetic gas from gasification or pyrolysis.

(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 not used for residential purposes.

(9) “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 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.

(c) The operator shall manage the diverted waste in a manner 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 location and with adequate containment to prevent any release of diverted wastes.

(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.

(h) Access to the waste diversion center shall be limited to a time when a responsible individual is on duty.

(i) The area where the diverted waste is accumulated shall be protected, as appropriate for the type of waste, from weather, fire, physical damage, and vandals.

(j) The waste diversion center shall be kept clean and free of litter.

(2) Management of diverted wastes as required by this section is not considered disposal for the purposes of section 11538(6).

(3) The operator of a waste diversion center may reject any diverted waste.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor