Bill Text: MI HB5005 | 2013-2014 | 97th Legislature | Introduced
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-Introduced.html
HOUSE BILL No. 5005
September 24, 2013, Introduced by Reps. LaFontaine, Denby, Franz, Lori, Lyons, Price, Haveman, Lauwers, Graves, Schor, Kowall and Foster and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11503 and 11506 (MCL 324.11503 and 324.11506),
section 11503 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.
(c) Sanitary landfill.
(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 or businesses.
(b) Can lawfully be disposed of at a licensed sanitary
landfill or municipal solid waste incinerator.
(c) Is separated from other waste.
(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
that contain elemental mercury.
(ix) Medical waste.
(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 with
account operations that are
regulated
and examined by a federal or state agency and which that
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.
(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.
(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.
(c) Any other wood or wood product designated as scrap wood in
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).
(c) Ammoniacal copper zinc arsenate (ACZA).
(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. 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.
(c) Organic waste generated in the production of livestock and
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
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 under any of the following circumstances:
(i) As a component of concrete, grout, mortar, or casting
molds, if the fly ash has not more than 6% unburned carbon.
(ii) As a raw material in asphalt for road construction, if the
fly ash has not more than 12% unburned carbon and passes Michigan
test method for water asphalt preferential test, MTM 101, as set
forth in the state transportation department's manual for the
Michigan test methods (MTM's).
(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
amendment
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) (n)
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.
(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 a facility established for
the purpose of 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 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, 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 another waste diversion center,
a recycling facility, or a 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 locations
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).
