Bill Text: MI SB0473 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Environmental protection; landfills; secondary liner and leachate collection system; eliminate requirement of for research development and demonstration projects. Amends secs. 11511 & 11511b of 1994 PA 451 (MCL 324.11511 & 324.11511b).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Engrossed - Dead) 2011-09-15 - Referred To Committee On Natural Resources, Tourism, And Outdoor Recreation [SB0473 Detail]

Download: Michigan-2011-SB0473-Engrossed.html

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SB-0473, As Passed Senate, September 15, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 473

 

 

June 16, 2011, Introduced by Senators PAVLOV, MARLEAU, CASPERSON, KOWALL, MEEKHOF and GREEN and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 11511 and 11511b (MCL 324.11511 and

 

324.11511b), section 11511 as amended by 2004 PA 325 and section

 

11511b as added by 2005 PA 236.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11511. (1) The department shall notify the clerk of the

 

municipality in which the disposal area is proposed to be located

 

and the applicant of its approval or denial of an application for a

 

construction permit within 10 days after the final decision is

 

made.

 

     (2) A construction permit shall expire 1 year after the date

 

of issuance, unless development under the construction permit is

 

initiated within that year. A construction permit that has expired

 

may be renewed upon payment of a permit renewal fee and submission

 

of any additional relevant information the department may require.

 

     (3) Except as otherwise provided in this subsection, the

 

department shall not issue a construction permit for a disposal

 

area within a planning area unless a solid waste management plan

 

for that planning area has been approved pursuant to sections 11536

 

and 11537 and unless the disposal area complies with and is

 

consistent with the approved solid waste management plan. The

 

department may issue a construction permit for a disposal area

 

designed to receive ashes produced in connection with the

 

combustion of fossil fuels for electrical power generation in the

 

absence of an approved county solid waste management plan, upon

 

receipt of a letter of approval from whichever county or counties,

 

group of municipalities, or regional planning agency has prepared

 

or is preparing the county solid waste management plan for that

 

planning area under section 11533 and from the municipality in

 

which the disposal area is to be located.

 

     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 the an RDDP

 

construction permit is not subject to the 20% limitation 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 being that

 

will be disposed of, excluded, or added, including the types and

 

amount of liquids being that will be added under subsection (5) and

 

how their 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 when it will authorize the beginning of the postclosure

 

of 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 secondary liner and leachate collection system to

 

monitor the effectiveness of the primary liner.

 

     (ii) (iii) A leachate collection system of adequate size for the

 

anticipated increased liquid production rates. The design design's

 

factor of safety shall take into account the anticipated increased

 

operational temperatures and other factors as appropriate.

 

     (iii) (iv) A means to monitor the depth of leachate on the liner.

 

     (iv) (v) 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 its 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

 

considered 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

 

years.

 

     (9) At any time 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 that which the condition that non-RDDP landfills that

 

were not authorized as RDDPs 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.