November 7, 2018, Introduced by Rep. VerHeulen 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 11502, 11503, 11504, 11505, 11506, 11507,
11507a, 11508, 11509, 11510, 11511, 11511b, 11512, 11513, 11514,
11515, 11516, 11517, 11518, 11519, 11521b, 11523, 11523a, 11523b,
11525, 11525a, 11525b, 11526, 11526a, 11527, 11528, 11531, 11532,
11533, 11539, 11540, 11541, 11546, 11549, 11550, and 11553 (MCL
324.11502, 324.11503, 324.11504, 324.11505, 324.11506, 324.11507,
324.11507a, 324.11508, 324.11509, 324.11510, 324.11511, 324.11511b,
324.11512, 324.11513, 324.11514, 324.11515, 324.11516, 324.11517,
324.11518, 324.11519, 324.11521b, 324.11523, 324.11523a,
324.11523b, 324.11525, 324.11525a, 324.11525b, 324.11526,
324.11526a, 324.11527, 324.11528, 324.11531, 324.11532, 324.11533,
324.11539, 324.11540, 324.11541, 324.11546, 324.11549, 324.11550,
and 324.11553), sections 11502, 11503, 11504, 11505, and 11506 as
amended and section 11553 as added by 2014 PA 178, section 11507a
as amended by 2004 PA 39, sections 11509, 11512, and 11516 as
amended by 2004 PA 325, section 11510 as amended by 1998 PA 397,
section 11511 as amended by 2011 PA 215, section 11511b as amended
by 2016 PA 437, section 11514 as amended by 2008 PA 394, sections
11517, 11519, and 11541 as amended by 1996 PA 358, section 11521b
as added by 2014 PA 24, sections 11523, 11523a, 11525, and 11525b
as amended by 2013 PA 250, section 11523b as added by 1996 PA 359,
section 11525a as amended by 2015 PA 82, section 11526 as amended
by 2004 PA 43, section 11526a as added by 2004 PA 40, section 11533
as amended by 2004 PA 44, section 11546 as amended by 2006 PA 56,
section 11549 as amended by 2006 PA 58, and section 11550 as
amended by 2003 PA 153, by designating sections 11502 to 11508 as
subpart 1, sections 11509 to 11519 as subpart 2, section 11521b as
subpart 3, sections 11523 to 11525c as subpart 4, sections 11526 to
11533 as subpart 5, sections 11539 to 11541 as subpart 6, sections
11546 to 11549 as subpart 7, section 11550 as subpart 8, section
11553 as subpart 9, sections 11555 to 11569 as subpart 10, sections
11570 to 11587 as subpart 11, and by adding sections 11525c,
11525e, 11555, 11556, 11557, 11558, 11559, 11560, 11561, 11562,
11563, 11564, 11565, 11567, 11568, 11569, 11571, 11572, 11573,
11574, 11575, 11576, 11577, 11578, 11579, 11580, 11581, 11582,
11583, 11584, 11585, 11586, and 11587; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SUBPART 1 GENERAL AND DEFINITIONS
Sec. 11502. (1) "Agreement" means a written contract.
(2)
(1) "Agronomic rate" means a rate that meets
both of the
following requirements:
(a) Is generally recognized by the agricultural community or
is calculated for a particular area of land to improve the physical
nature of soil, such as structure, tilth, water retention, pH, or
porosity, or to provide macronutrients or micronutrients in an
amount not materially in excess of that needed by the crop, forest,
or vegetation grown on the land.
(b) Takes into account and minimizes runoff of beneficial use
by-products to surface water or neighboring properties, the
percolation of excess nutrients beyond the root zone, and the
liberation of metals from the soil into groundwater.
(3) "Anaerobic digester" means a facility that uses
microorganisms to break down biodegradable material in the absence
of oxygen, producing methane and an organic product.
(4) "Animal bedding" means a mixture of manure and wood chips,
sawdust, shredded paper or cardboard, hay, straw, or other similar
fibrous materials normally used for bedding animals.
(5) (2)
"Ashes" means the residue
from the burning of wood,
scrap wood, tires, biomass, wastewater sludge, fossil fuels
including coal or coke, or other combustible materials.
(6) "Benchmark recycling standards" means the following
requirements:
(a) By January 1, 2022, at least 90% of single-family
dwellings in urbanized areas as identified by the most recent
federal decennial census and, by January 1, 2025, at least 90% of
single-family dwellings in municipalities with more than 5,000
residents have access to curbside recycling that meets the
following criteria:
(i) Recyclable materials are collected at least once every
other week.
(ii) If recyclable materials are not collected separately, the
mixed load is delivered to a solid waste processing and transfer
facility and the recyclable materials are separated from material
to be sent to a solid waste disposal area.
(iii) Recyclable materials collected are delivered to a
materials recovery facility that complies with part 115, or are
managed appropriately at an out-of-state recycling facility.
(b) By January 1, 2028, the following additional criteria:
(i) In counties with a population of less than 100,000, there
is at least 1 drop-off location for each 10,000 residents without
access to curbside recycling at their dwelling, and the drop-off
location is available at least 24 hours per month.
(ii) In counties with a population of 100,000 or more, there
is at least 1 drop-off location for each 50,000 residents without
access to curbside recycling at their dwelling, and the drop-off
location is available at least 24 hours per month.
(7) (3)
"Beneficial use 1" means
use as aggregate, road
material, or building material that in ultimate use is or will be
bonded
or encapsulated by cement, limes, or asphalt.
(8) (4)
"Beneficial use 2" means
use as any of the following:
(a) Construction fill at nonresidential property that meets
all
of the following requirements:
(i) Is placed at least 4 feet above the seasonal groundwater
table.
(ii) Does not come into contact with a surface water body.
(iii) Is covered by concrete, asphalt pavement, or other
material approved by the department.
(iv) Does not exceed 4 feet in thickness, except for areas
where exceedances are incidental to variations in the existing
topography. This subparagraph does not apply to construction fill
placed underneath a building or other structure.
(b) Road base or soil stabilizer that does not exceed 4 feet
in thickness except for areas where exceedances are incidental to
variations in existing topography, is placed at least 4 feet above
the seasonal groundwater table, does not come into contact with a
surface water body, and is covered by concrete, asphalt pavement,
or other material approved by the department.
(c) Road shoulder material that does not exceed 4 feet in
thickness except for areas where exceedances are incidental to
variations in existing topography, is placed at least 4 feet above
the seasonal groundwater table, does not come into contact with a
surface water body, is sloped, and is covered by asphalt pavement,
concrete, 6 inches of gravel, or other material approved by the
department.
(9) (5)
"Beneficial use 3" means
applied to land as a
fertilizer or soil conditioner under part 85 or a liming material
under
1955 PA 162, MCL 290.531 to 290.538, if all of the following
requirements
are met:
(a) The material is applied at an agronomic rate consistent
with generally accepted agricultural and management practices.
(b) The use, placement, or storage at the location of use does
not do any of the following:
(i) Violate part 55 or create a nuisance.
(ii) Cause groundwater to no longer be fit for 1 or more
protected uses as defined in R 323.2202 of the Michigan
administrative
code.Administrative Code.
(iii) Cause a violation of a part 31 surface water quality
standard.
(10) (6)
"Beneficial use 4" means
any of the following uses:
(a) To stabilize, neutralize, solidify, or otherwise treat
waste
for ultimate disposal at a facility licensed under this part
115 or part 111.
(b) To treat wastewater, wastewater treatment sludge, or
wastewater sludge in compliance with part 31 or the federal water
pollution control act, 33 USC 1251 to 1387, at a private or
publicly owned wastewater treatment plant.
(c) To stabilize, neutralize, solidify, cap, or otherwise
remediate hazardous substances or contaminants as part of a
response activity in compliance with part 201, part 213, or the
comprehensive environmental response, compensation and liability
act
of 1980, 42 USC 9601 to 9657, 9675,
or a corrective action in
compliance with part 111 or the solid waste disposal act, 42 USC
6901 to 6992k.
(d) As construction material at a landfill licensed under this
part.
(11) (7)
"Beneficial use 5" means
blended with inert materials
or with compost and used to manufacture soil.
(12) (8)
"Beneficial use
by-product" means the following
materials if the materials are stored for beneficial use or are
used beneficially as specified and the requirements of section
11551(1) are met:
(a) Coal bottom ash or wood ash used for beneficial use 3 or
wood ash or coal ash, except for segregated flue gas
desulfurization material, used for beneficial use 1, 2, or 4.
(b) Pulp and paper mill ash used for beneficial use 1, 2, 3,
or 4.
(c) Mixed wood ash used for beneficial use 1, 2, 3, or 4.
(d) Cement kiln dust used as a flue gas scrubbing reagent or
for beneficial use 1, 2, 3, or 4.
(e) Lime kiln dust used as a flue gas scrubbing reagent or for
beneficial use 1, 2, 3, or 4.
(f) Stamp sands used for beneficial use 1 or 2.
(g) Foundry sand from ferrous or aluminum foundries used for
beneficial use 1, 2, 3, 4, or 5.
(h) Pulp and paper mill material, other than the following,
used for beneficial use 3:
(i) Rejects, from screens, cleaners, and mills dispersion
equipment, containing more than de minimis amounts of plastic.
(ii) Scrap paper.
(i) Spent media from sandblasting, with uncontaminated sand,
newly manufactured, unpainted steel used for beneficial use 1 or 2.
(j) Dewatered concrete grinding slurry from public
transportation agency road projects used for beneficial use 1, 2,
3, or 4.
(k) Lime softening residuals from the treatment and
conditioning of water for domestic use or from a community water
supply used for beneficial use 3 or 4.
(l) Soil washed or otherwise removed from sugar beets that is
used for beneficial use 3.
(m) Segregated flue gas desulfurization material used for
beneficial use 1 or 3.
(n) Materials and uses approved by the department under
section 11553(3) or (4). Approval of materials and uses by the
department under section 11553(3) or (4) does not require the use
of those materials by any governmental entity or any other person.
(13) (9)
"Beverage container"
means an airtight metal, glass,
paper, or plastic container, or a container composed of a
combination
of these materials, which, that,
at the time of sale,
contains 1 gallon or less of any of the following:
(a) A soft drink, soda water, carbonated natural or mineral
water, or other nonalcoholic carbonated drink.
(b)
A beer, ale, or other malt drink of whatever any alcoholic
content.
(c) A mixed wine drink or a mixed spirit drink.
(14) "Biosolids" means solid, semisolid, or liquid residues
generated during the treatment of sanitary sewage or domestic
sewage in a treatment works. Biosolids includes, but is not limited
to, scum or solids removed in a primary, secondary, or advanced
wastewater treatment process and a derivative of the removed scum
or solids.
(15) (10)
"Bond" means a financial
instrument guaranteeing
performance executed on a form approved by the department,
including a surety bond from a surety company authorized to
transact business in this state, a certificate of deposit, a cash
bond, an irrevocable letter of credit, an insurance policy, a trust
fund, an escrow account, or a combination of any of these
instruments
in favor of the department. The owner or operator of a
disposal
area who is required to establish a bond under another
state
statute or a federal statute may petition the department to
allow
such a bond to meet the requirements of this part. The
department
shall approve a bond established under another state
statute
or a federal statute if the bond provides equivalent funds
and
access by the department as other financial instruments allowed
by
this subsection.
(16) "Captive type III landfill" means a type III landfill
that meets either of the following requrements:
(a) Accepts for disposal only nonhazardous industrial waste
generated only by the owner of the landfill.
(b) Is a nonhazardous industrial waste landfill described in
section 11525(4).
(17) "CBC" means the county board of commissioners, the
municipalities, or the regional planning agency, whichever submits
a notice of intent to prepare a materials management plan under
section 11571.
(18) (11)
"Cement kiln dust" means
particulate matter
collected in air emission control devices serving Portland cement
kilns.
(19) (12)
"Certificate of deposit"
means a negotiable
certificate of deposit that meets all of the following
requirements:
(a) Is negotiable.
(b) Is held by a bank or other financial institution regulated
and
examined by a state or federal agency.
, the value of which is
(c) Is fully insured by an agency of the United States
government.
A certificate of deposit used to fulfill the
requirements
of this part shall be
(d)
Is in the sole name of the department. with
(e)
Has a maturity date of not less than 1
year. and shall be
(f)
Is not renewed not less later than
60 days before the
maturity
date. An applicant who uses a certificate of deposit as a
bond
shall receive any accrued interest on that certificate of
deposit
upon release of the bond by the department.
(20) (13)
"Certified health
department" means a city, county,
or
district department of health that is specifically delegated
authority
by the department to perform designated activities as
prescribed
by this part.certified under
section 11507a.
(21) "Class 1 compostable material" means any of the
following:
(a) Yard waste.
(b) Wood.
(c) Food waste.
(d) Paper products.
(e) Manure or animal bedding.
(f) Compostable products.
(g) Dead animals unless infectious or managed under 1982 PA
239, MCL 287.651 to 287.683.
(h) Spent grain from breweries.
(i) Paunch.
(j) Food processing residuals.
(k) Aquatic plants.
(l) Other materials approved by the department under section
11562.
(m) A mixture of any of these materials.
(22) "Class 1 composting facility" means a composting facility
where only class 1 compostable material is composted.
(23) "Class 2 compostable material" means mixed municipal
solid waste, biosolids, state or federal controlled substances, and
all other compostable material that is not listed or approved as a
class 1 compostable material.
(24) "Class 2 composting facility" means a composting facility
where class 2 compostable material or a combination of class 2
compostable material and class 1 compostable material is composted.
(25) (14)
"Coal ash" means the
material recovered from systems
for the control of air pollution from, or the noncombusted residue
remaining after, the combustion of coal, including, but not limited
to, bottom ash, fly ash, boiler slag, or fluidized-bed combustion
ash. For beneficial use 2, coal ash does not include coal fly ash
except for the following if used at nonresidential property:
(a)
Class C fly ash under ASTM standard C618-12A.C618,
"Standard Specification for Coal Fly Ash and Raw or Calcined
Natural Pozzolan for Use in Concrete", by ASTM International.
(b)
Class F fly ash under ASTM standard C618-12A C618, if
that
fly ash forms a pozzolanic-stabilized mixture by being blended with
lime, Portland cement, or cement kiln dust.
(c) A combination of class C fly ash and class F fly ash under
ASTM
standard C618-12A C618, if that combination forms a
pozzolanic-stabilized mixture by being blended with lime, Portland
cement, or cement kiln dust and is used as a road base, soil
stabilizer,
or road shoulder material under subsection (4)(b) or
(c).beneficial use 2.
(26) (15)
"Coal bottom ash" means
ash particles from the
combustion of coal that are too large to be carried in flue gases
and that collect on furnace walls or at the bottom of the furnace.
(27) (16)
"Collection center" means
a tract of land, building,
unit, or appurtenance or combination thereof that is used to
collect junk motor vehicles and farm implements under section
11530.
(28) "Commercial waste", subject to subsection (29), means
solid waste generated by nonmanufacturing activities, including,
but not limited to, solid waste from any of the following:
(a) Stores.
(b) Offices.
(c) Restaurants.
(d) Warehouses.
(e) Multifamily dwellings.
(f) Hotels and motels.
(g) Bunkhouses.
(h) Ranger stations.
(i) Crew quarters.
(j) Campgrounds.
(k) Picnic grounds.
(l) Day use recreation areas.
(m) Hospitals.
(n) Schools.
(29) Commercial waste does not include household waste from
single-family dwellings, hazardous waste, or industrial waste.
(30) "Compost additive" means any of the following materials
if added to finished compost to improve the quality of the finished
compost:
(a) Products designed to enhance finished compost.
(b) Sugar beet limes.
(c) Wood ash.
(d) Drywall.
(e) Synthetic gypsum.
(f) Other materials approved by the department.
(31) "Compost wastewater" means liquids that have been in
contact with finished compost or compostable material.
(32) "Compostable material" means organic material that can be
converted to finished compost. Compostable material comprises class
1 compostable material and class 2 compostable material.
(33) "Compostable products" means biodegradable containers,
fabric, utensils, and other products that are biodegradable and
satisfy any of the following requirements:
(a) Are certified by the Biodegradable Products Institute.
(b) Meet ASTM D6400-04, "standard specification for
compostable plastics", by ASTM International.
(c) Meet ASTM D6868, "standard specification for biodegradable
plastics used as coatings on paper and other compostable
substrates", by ASTM International.
(34) "Composting" means a process of biological decomposition
of class 1 compostable material or class 2 compostable material
that meets the following requirements:
(a) Is carried out as provided in either of the following:
(i) In a system using vermiculture.
(ii) Under controlled aerobic conditions using mechanical
handling techniques such as physical turning, windrowing, or
aeration or using other management techniques approved by the
department. For the purposes of this subparagraph, aerobic
conditions may include the presence of insignificant anaerobic
zones within the composting material.
(b) Stabilizes the organic fraction into a material that can
be stored, handled, and used easily, safely, and in an
environmentally acceptable manner.
(35) (17)
"Composting facility"
means a facility where
composting
of yard clippings or other organic materials occurs
using
mechanical handling techniques such as physical turning,
windrowing,
or aeration or using other management techniques
approved
by the director.occurs.
However, composting facility does
not include a site where only composting described in section
11555(1)(a), (b), or (e) occurs.
(36) (18)
"Consistency review"
means evaluation of the
administrative and technical components of an application for a
permit or license or evaluation of operating conditions in the
course of inspection, for the purpose of determining consistency
with
the requirements of this part, rules promulgated under this
part , 115 and
approved plans and specifications.
(37) (19)
"Corrective action" means
the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of constituents, as defined in a materials management
facility's approved hydrogeological monitoring plan, released into
the
environment from a disposal area, materials management
facility, or the taking of other actions related to the release as
may be necessary to prevent, minimize, or mitigate injury to the
public health, safety, or welfare, the environment, or natural
resources that is consistent with subtitle D of the solid waste
disposal act, 42 USC 6941 to 6949a, and regulations promulgated
thereunder.
(38) "Custodial care" includes:
(a) Preventing deep-rooted vegetation from establishing on the
final cover.
(b) Repairing erosion damage on the final cover.
(c) Maintaining stormwater controls.
(d) Maintaining limited access to the site.
Sec. 11503. (1) "De minimis" refers to a small amount of
material or number of items, as applicable, incidentally commingled
with
inert material for beneficial use by-products , or with source
separated material or incidentally disposed of with other solid
waste.
(2) "Department", subject to section 11554, means the
department of environmental quality.
(3) "Designated planning agency" or "DPA" means the planning
agency designated under section 11571(10). Designated planning
agency does not mean a regional planning agency unless the CBC
identifies the regional planning agency identified as the DPA.
(4) (3)
"Director" means the
director of the department.
(5) (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 that is or may become injurious
to the public health, safety, or welfare, or to the environment.
(6) (5)
"Disposal area" means 1
or more of the following that
accepts solid waste at a location as defined by the boundary
identified
in its construction permit, or in
engineering plans
approved by the department, or in a notification or registration:
(a) A solid waste processing and transfer facility.
(b) An incinerator.
(c)
A sanitary landfill.
(d)
A processing plant.Any
other solid waste handling or
disposal facility utilized in the disposal of solid waste, as
determined by the department.
(e)
Any other solid waste handling or disposal facility
utilized
in the disposal of solid waste. However, a waste diversion
center
is not a disposal area.
(7) (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.
(c) Is separated from other waste.
(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.
(8) (7)
"Enforceable mechanism"
means a legal method whereby
that authorizes this state, a county, a municipality, or another
person
is authorized to take action to guarantee compliance with an
approved
county solid waste a materials
management plan.
Enforceable
mechanisms include contracts, intergovernmental
agreements, laws, ordinances, rules, and regulations.
(9) (8)
"Escrow account" means an
account that is managed by a
bank or other financial institution whose account operations are
regulated
and examined by a federal or state agency. and that
complies
with section 11523b.
(10) "Existing", with respect to a disposal area, combination
of disposal areas, or landfill unit, means any of the following:
(a) The facility has a valid construction permit under part
115.
(b) The facility had engineering plans approved by the
director before January 11, 1979.
(c) For an industrial waste landfill, the facility was
authorized to operate by the director or by court order before
October 9, 1993.
(d) For an industrial waste pile, the facility was located at
the site of generation on October 9, 1993.
(11) (9)
"Farm" means that term as
defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(12) (10)
"Farm operation" means
that term as defined in
section 2 of the Michigan right to farm act, 1981 PA 93, MCL
286.472.
(13) (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 to the department whenever they are needed for those
purposes.
(14) (12)
"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, 42 USC
6941 to 6949a, and regulations promulgated thereunder. 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 financial test shall include a list showing the name and
address of each facility and the amount of funds assured by the
financial 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.
(15) "Finished compost" means organic matter that meets the
following requirements:
(a) Has undergone biological decomposition and has been
stabilized to a degree that is beneficial to plant growth without
creating a nuisance, as defined in the marketing plan if the
composting facility is approved under a general permit.
(b) Is used or sold for use as a soil amendment, fertilizer,
topsoil blend, or growing medium amendment or for other similar
uses.
(c) With any compost additives, does not contain more than 1%,
by weight, of foreign matter that will remain on a 4-millimeter
screen or more than a minimal amount of viable weed seeds.
(16) (13)
"Flue gas desulfurization
material" means the
material recovered from air pollution control systems that capture
sulfur dioxide from the combustion of wood, coal, or fossil fuels,
or other combustible materials, if the other combustible materials
constitute less than 50% by weight of the total material combusted
and the department determines in writing that the other combustible
materials do not materially affect the character of the residue.
Flue gas desulfurization material includes synthetic gypsum.
(17) (14)
"Food processing
residuals" means any of the
following:
(a) Residuals of fruits, vegetables, aquatic plants, or field
crops, including those generated by a brewery or distillery.
(b) Otherwise unusable parts of fruits, vegetables, aquatic
plants, or field crops from the processing thereof, including those
generated by a brewery or distillery.
(c) Otherwise unusable food products that do not meet size,
quality, or other product specifications and that were intended for
human or animal consumption.
(18) "Food waste" means an accumulation of animal or vegetable
matter that was used or intended for human or animal food or that
results from the preparation, use, cooking, dealing in, or storing
of animal or vegetable matter if the accumulation is or is intended
to be discarded. Food waste does not include fats, oils, or grease.
(19) "Foreign matter" means organic and inorganic
constituents, other than sticks and stones, that will not readily
decompose during composting and do not aid in producing compost,
including glass, textiles, rubber, metal, ceramics, noncompostable
plastic, and painted, laminated, or treated wood.
(20) (15)
"Foundry sand" means
silica sand used in the metal
casting process, including binding material or carbonaceous
additives, from ferrous or nonferrous foundries.
(21) "Functional stability" means the stage at which a
landfill does not pose a significant risk to human health and the
environment at a point of exposure, in the absence of active
control systems.
(22) (16)
"GAAMPS" means the
generally accepted agricultural
and management practices under the Michigan right to farm act, 1981
PA 93, MCL 286.471 to 286.474.
(17)
"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.
(23) "Gasification" means a process through which materials
are heated, without combustion, in an oxygen-deficient atmosphere
and converted to synthesis gas, which can be further converted into
chemicals, chemical feedstocks, or fuels, such as ethanol.
(24) "General permit" means a permit that does the following:
(a) Covers a category of activities that the department
determines will not negatively impact human health and will not
have more than minimal short-term adverse impacts on the natural
resources and environment.
(b) Includes requirements for a site plan, an operations plan,
a facility final closure plan, and financial assurance.
(25) "General use compost" means finished compost that is
produced from 1 of the following:
(a) Class 1 compostable material.
(b) Class 2 compostable material, including any combination of
class 1 compostable material and class 2 compostable material, that
meets the criteria listed in section 11553(5)(a) to (d).
Sec.
11504. (1) "Health officer" means a full-time
administrative
officer of a certified health department."Host
community approval" means an agreement, resolution, letter, or
other document indicating that the governing body of the
municipality where the materials management facility is proposed to
be located has reviewed and approved the development of that
specific facility.
(2) "Household waste" means solid waste that is generated by
single-family households. Household waste does not include
commercial waste, industrial waste, hazardous waste, and
construction and demolition waste.
(3) "Industrial waste" means solid waste that is generated by
manufacturing or industrial processes at an industrial site and
that is not a hazardous waste regulated under part 111.
(4) (2)
"Inert material" means
any of the following:
(a) Rock.
(b) Trees, stumps, and other similar land-clearing debris, if
all
of the following conditions are
met:
(i) The debris is buried on the site of origin or another
site, with the approval of the owner of the site.
(ii) The debris is not buried in a wetland or floodplain.
(iii) The debris is placed at least 3 feet above the
groundwater table as observed at the time of placement.
(iv) The placement of the debris does not violate federal,
state, or local law or create a nuisance.
(c) Uncontaminated excavated soil or dredged sediment.
Excavated soil or dredged sediment is considered uncontaminated if
it does not contain more than de minimis amounts of solid waste and
1
any of the following applies:apply:
(i) The soil or sediment is not contaminated by a hazardous
substance as a result of human activity. Soil or sediment that
naturally contains elevated levels of hazardous substances above
unrestricted residential or any other part 201 generic soil cleanup
criteria is not considered contaminated for purposes of this
subdivision. A soil or sediment analysis is not required under this
subparagraph if, based on past land use, there is no reason to
believe that the soil or sediment is contaminated.
(ii) For any hazardous substance that could reasonably be
expected to be present as a result of past land use and human
activity, the soil or sediment does not exceed the background
concentration,
as that term is defined in part 201.section 20101.
(iii) For any hazardous substance that could reasonably be
expected to be present as a result of past land use and human
activity, the soil or sediment falls below part 201 generic
residential soil direct contact cleanup criteria and hazardous
substances in leachate from the soil or sediment, using, at the
option of the generator, EPA method 1311, 1312, or any other
leaching protocol approved by the department, fall below part 201
generic residential health based groundwater drinking water values
or criteria, and the soil or sediment would not cause a violation
of any surface water quality standard established under part 31 at
the area of placement, disposal, or use.
(d) Excavated soil from a site of environmental contamination,
corrective action, or response activity if the soil is not a listed
hazardous waste under part 111 and if hazardous substances in the
soil do not exceed generic soil cleanup criteria for unrestricted
residential
use as defined in part 201 section
20101 or background
concentration
as defined in part 201, section
20101, as applicable.
(e) Construction brick, masonry, pavement, or broken concrete
that is reused for fill, rip rap, slope stabilization, or other
construction,
if all of the following conditions are met:
(i) The use of the material does not violate section 3108,
part 301, or part 303.
(ii) The material is not materially contaminated. Typical
surface oil staining on pavement and concrete from driveways,
roadways, and parking lots is not material contamination. Material
covered in whole or in part with lead-based paint is materially
contaminated.
(iii) The material does not include exposed reinforcing bars.
(f) Portland cement clinker produced by a cement kiln using
wood, fossil fuels, or solid waste as a fuel or feedstock, but not
including cement kiln dust generated in the process.
(g) Asphalt pavement or concrete pavement that meets all of
the following requirements:
(i) Has been removed from a public right-of-way.
(ii) Has been stockpiled or crushed for reuse as aggregate
material.
(iii) Does not include exposed reinforcement bars.
(h) Cuttings, drilling materials, and fluids used to drill or
complete a well installed pursuant to part 127 of the public health
code, 1978 PA 368, MCL 333.12701 to 333.12771, if the location of
the well is not a facility under part 201.
(i) Any material determined by the department under section
11553(5) or (6) to be an inert material, either for general use or
for a particular use.
(5) "Innovative technology or practice facility" means a
materials management facility that converts solid waste into energy
or a usable product and that is not a materials recovery facility,
a composting facility, or an anaerobic digester.
(6) (3)
"Insurance" means
insurance that conforms to the
requirements
of 40 CFR 258.74(d) and is provided by an insurer who
has
with a certificate of authority from the director of
insurance
and financial services to sell this line of coverage. An applicant
for an operating license or general permit shall submit evidence of
the required coverage by submitting both of the following to the
department:
(a) A certificate of insurance that uses wording approved by
the department.
(b) A certified true and complete copy of the insurance
policy.
(7) (4)
"Landfill" means a
disposal area that is a sanitary
landfill.
(8) "Landfill care fund" means a trust or escrow account or
landfill care fund bond required by section 11525c.
(9) "Landfill care fund bond" means a surety bond, an
irrevocable letter of credit, or a combination of these instruments
in favor of the department by which a landfill care fund is
established.
(10) "Large composting facility" means a composing facility
that at any time contains more than 10,000 cubic yards of
compostable material.
(11) (5)
"Letter of credit" means
an irrevocable letter of
credit that complies with 40 CFR 258.74(c).
(12) "License" means an operating license.
(13) (6)
"Lime kiln dust" means
particulate matter collected
in air emission control devices serving lime kilns.
(14) "Local health officer" means a local health officer as
defined in section 1105 of the public health code, 1978 PA 368, MCL
333.1105, to which the department delegates certain duties under
part 115.
(15) (7)
"Low-hazard industrial
waste" means industrial
material that has a low potential for groundwater contamination
when
managed in accordance compliance
with this part 115.
The
following materials are low-hazard industrial wastes:
(a) Coal ash or wood ash.
(b) Cement kiln dust.
(c) Pulp and paper mill material.
(d) Scrap wood.
(e) Sludge from the treatment and conditioning of water for
domestic use.
(f) Residue from the thermal treatment of petroleum
contaminated soil, media, or debris.
(g) Sludge from the treatment and conditioning of water from a
community water supply.
(h) Foundry sand.
(i) Mixed wood ash, scrap wood ash, pulp and paper mill ash.
(j) Street cleanings.
(k) Asphalt shingles.
(l) New construction or production scrap drywall.
(m) Chipped or shredded tires.
(n) Copper slag.
(o) Copper stamp sands.
(p) Dredge material from nonremedial activities.
(q) Flue gas desulfurization material.
(r) Dewatered grinding slurry generated from public
transportation agency road projects.
(s) Any material determined by the department under section
11553(7) to be a low-hazard industrial waste.
(16) "Managed material" means solid waste, diverted waste, or
recyclable material. Managed material does not include a material
or product that contains iron, steel, or nonferrous metals and that
is directed to or received by a person subject to the scrap metal
regulatory act, 2008 PA 429, MCL 445.421 to 445.443, or by a reuser
of these metals.
(17) "Materials management facility" or, unless the context
implies a different meaning, "facility" means any of the following,
subject to subsection (18):
(a) A disposal area.
(b) A materials utilization facility.
(c) A waste diversion center.
(18) Materials management facility or facility does not
include a person, utilizing machinery and equipment and operating
from a fixed location, whose principal business is the processing
and manufacturing of iron, steel, or nonferrous metals into
prepared grades of products suitable for consumption, reuse, or
additional processing.
(19) "Materials management plan" or "MMP" means a plan
required under section 11571.
(20) "Materials recovery facility", subject to subsection
(21), means a facility that meets both of the following
requirements:
(a) Primarily receives source separated material for reuse,
recycling, or utilization as a raw material or new product.
(b) On an annual basis, does not receive an amount of solid
waste equal to or more than 15% of the total weight of material
received by the facility unless the materials recovery facility is
making reasonable effort and has an education program to reduce the
amount of solid waste. Material disposed as a result of recycling
market fluctuations is not included in the 15% calculation.
(21) Materials recovery facility does not include:
(a) A retail, commercial, or industrial establishment that
bales for off-site shipment managed material that it generates.
(b) A retail establishment that collects returnable beverage
containers under 1976 IL 1, MCL 445.571 to 445.576.
(c) A beverage distributor, or its agent, that manages
returnable beverage containers under 1976 IL 1, MCL 445.571 to
445.576.
(d) An end user or secondary processor of recycled materials
that were primarily generated by an industrial facility or were
previously sorted or processed.
(22) "Materials utilization" means recycling, composting, or
converting material into energy rather than disposing the material.
(23) "Materials utilization facility" means a facility that is
any of the following:
(a) A materials recovery facility.
(b) A composting facility.
(c) An anaerobic digester, except at a manufacturing facility
that generates its own feedstock.
(d) An innovative technology or practice facility.
(24) "Materials utilization goals" means goals identified in
the MMP pursuant to section 11578(a).
(25) (8)
"Medical waste" means
that term as it is defined in
section 13805 of the public health code, 1978 PA 368, MCL
333.13805.
(26) "Medium composting facility" means a composting facility
to which all of the following apply:
(a) The site at any time contains 1,000 or more cubic yards of
compostable material, but does not at any time contain more than
10,000 cubic yards of compostable material.
(b) The site does not at any time contain more than 10% by
volume of class 1 compostable material other than yard waste.
(c) Unless approved by the department, the site does not at
any time on any acre contain more than 5,000 cubic yards of
compostable material, finished product, compost additives, or
screening rejects.
(27) (9)
"Mixed wood ash" means
the material recovered from
air pollution control systems for, or the noncombusted residue
remaining after, the combustion of any combination of wood, scrap
wood, railroad ties, or tires, if railroad ties composed less than
35% by weight of the total combusted material and tires composed
less than 10% by weight of the total combusted material.
(28) "Municipal solid waste" means household waste, commercial
waste, waste generated by other nonindustrial locations, waste that
has characteristics similar to that generated at a household or
commercial business, or any combination thereof. Municipal solid
waste does not include municipal wastewater treatment sludges,
industrial process wastes, automobile bodies, combustion ash, or
construction and demolition debris.
(29) (10)
"Municipal solid waste
incinerator" means an
incinerator, that
is owned or operated by any person, and that
meets
all of the following requirements:
(a) The incinerator receives solid waste from off site and
burns only household waste from single and multiple dwellings,
hotels, motels, and other residential sources, or this household
waste together with solid waste from commercial, institutional,
municipal, county, or industrial sources that, if disposed of,
would not be required to be placed in a disposal facility licensed
under part 111.
(b) The incinerator has established contractual requirements
or other notification or inspection procedures sufficient to ensure
that the incinerator receives and burns only waste referred to in
subdivision (a).
(c)
The incinerator meets the requirements of this part 115.
and
the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in
40 CFR 260.10.
(e) The incinerator is not an incinerator that receives and
burns only medical waste or only waste produced at 1 or more
hospitals.
(30) (11)
"Municipal solid waste incinerator
ash" means the
substances remaining after combustion in a municipal solid waste
incinerator.
(31) "Municipal solid waste recycling rate" means the amount
of municipal solid waste recycled or composted divided by the
amount of municipal solid waste recycled, composted, landfilled, or
incinerated.
(32) (12)
"Nonresidential property"
means property not used or
intended to be used for any of the following:
(a) A child day care center.
(b) An elementary school.
(c) An elder care and assisted living center.
(d) A nursing home.
(e) A single-family or multifamily dwelling unless the
dwelling is part of a mixed use development and all dwelling units
and associated outdoor residential use areas are located above the
ground floor.
(33) "Operate" includes, but is not limited to, conducting,
managing, and maintaining.
(34) "Part 115" means this part and rules promulgated under
this part.
(35) (13)
"Perpetual care fund"
means a trust or escrow
account or perpetual care fund bond provided for in section 11525.
(36) (14)
"Perpetual care fund
bond" means a surety bond, an
irrevocable letter of credit, or a combination of these instruments
in favor of and on a form approved by the department by which a
perpetual care fund is established.
(37) "Planning area" means the geographic area to which a
materials management plan applies.
(38) "Planning committee" means a committee appointed under
section 11572.
(39) "Preexisting unit" means a landfill unit that is or was
licensed under part 115 but has not received waste after October 9,
1993.
(40) (15)
"Pulp and paper mill ash"
means the material
recovered from air pollution control systems for, or the
noncombusted residue remaining after, the combustion of any
combination of coal, wood, pulp and paper mill material, wood or
biomass fuel pellets, scrap wood, railroad ties, or tires, from a
boiler, power plant, or furnace at a pulp and paper mill, if
railroad ties composed less than 35% by weight of the total
combusted material and tires composed less than 10% by weight of
the total combusted material.
(41) (16)
"Pulp and paper mill
material" means all of the
following materials if generated at a facility that produces pulp
or paper:
(a) Wastewater treatment sludge, including wood fibers,
minerals, and microbial biomass.
(b) Rejects from screens, cleaners, and mills.
(c) Bark, wood fiber, and chips.
(d) Scrap paper.
(e) Causticizing residues, including lime mud and grit and
green liquor dregs.
(f) Any material that the department determines has
characteristics
that are similar to any of the materials listed in
subdivisions (a) to (e).
(42) "Pyrolysis" means a process that does not involve
combustion and through which materials are heated in the absence of
oxygen until melted and thermally decomposed, and then are cooled,
condensed, and converted into other intermediate or final products.
Sec. 11505. (1) "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.
(2)
(1) "Recyclable materials" means source
separated
materials,
site separated materials, high grade paper, glass,
metal,
plastic, aluminum, newspaper, corrugated plastics, paper
products, wood,
rubber, textiles, food waste, yard clippings,
waste,
and other materials that may be
recycled. or composted.
(3) "Recycling" means an action or process, such as
separation, sorting, baling, or shipping, applied to materials that
are no longer being used and that would have otherwise been
disposed as waste, for the purpose of conversion into raw materials
or new products.
(4) (2)
"Regional solid waste
management planning agency"
means the regional solid waste planning agency designated by the
governor pursuant to 42 USC 6946.
(5) (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.
(6) (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.
(7) "Restricted use compost" means compost that is produced
from class 2 compostable material, including any combination of
class 1 compostable material and class 2 compostable material, that
is not approved as inert under section 11553(3).
(8) "Reuse" means to remanufacture, use again, use in a
different manner, or use after reclamation.
(9) (5)
"Rubbish" means
nonputrescible solid waste, excluding
ashes, consisting of both combustible and noncombustible waste,
including
paper, cardboard, metal containers, yard clippings,
waste, wood, glass, bedding, crockery, demolished building
materials, or litter of any kind that may be a detriment to the
public health and safety.
(10) (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.
(11) (8)
"Scrap wood" means wood
or wood product that is 1 or
more of the following:
(a) Plywood, particle board, pressed board, oriented strand
board, fiberboard, resonated wood, or any other wood or wood
product mixed with glue, resins, or filler.
(b) Wood or wood product treated with creosote or
pentachlorophenol.
(c) Any wood or wood product designated as scrap wood in rules
promulgated by the department.
(9)
"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 recycling or conversion into raw materials
or
new products.
(12) "Sharps" means that term as defined in section 13807 of
the public health code, 1978 PA 368, MCL 333.13807.
(13) (10)
"Slag" means the
nonmetallic product resulting from
melting or smelting operations for iron or steel.
(14) "Small composting facility" means a composting facility
to which both of the following apply:
(a) The site at any time contains more than 500 cubic yards of
compostable material but does not at any time contain 1,000 or more
cubic yards of compostable material.
(b) The site does not at any time contain more than 5% by
volume of class 1 compostable material other than yard waste.
Sec.
11506. (1) "Solid waste" means garbage, food waste,
rubbish, ashes, incinerator ash, incinerator residue, street
cleanings, municipal and industrial sludges, solid commercial
waste, solid industrial waste, and animal waste. However, solid
waste does not include the following:
(a) Human body waste.
(b)
Medical waste.
(c)
Organic waste Manure or
animal bedding generated in the
production of livestock and poultry, if managed in compliance with
the appropriate GAAMPS.
(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.
(h) The following materials that are used as animal feed, or
are applied on, or are composted and applied on, farmland or
forestland for an agricultural or silvicultural purpose at an
agronomic rate consistent with GAAMPS:
(i) Food processing residuals and garbage.food waste.
(ii) Precipitated calcium carbonate from sugar beet
processing.
(iii) Wood ashes resulting solely from a source that burns
only
wood that is untreated and inert.
(iv) Lime from kraft pulping processes generated prior
to
before
bleaching.
(v) Aquatic plants.
(i) Materials approved for emergency disposal by the
department.
(j) Source separated materials.
(k)
Site separated material.
(k) (l) Coal
ash, when used under any of the following
circumstances:
(i) As a component of concrete, grout, mortar, or casting
molds, if the coal ash does not have more than 6% unburned carbon.
(ii) As a raw material in asphalt for road construction, if
the coal ash does not have 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).
(iii) As aggregate, road material, or building material that
in ultimate use is or will be stabilized or bonded by cement,
limes, or asphalt, or itself act as a bonding agent. To be
considered to act as a bonding agent, the coal ash must have at
least 10% available lime.
(iv) As a road base or construction fill that is placed at
least 4 feet above the seasonal groundwater table and covered with
asphalt,
concrete, or other material approved by the department.
(l) (m)
Inert material.
(m) (n)
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.
(n) (o)
Soil that is relocated under
section 20120c.
(o) (p)
Diverted waste that is managed
through a waste
diversion center.
(p) (q)
Beneficial use by-products.
(q) (r)
Coal bottom ash, if substantially
free of fly ash or
economizer ash, when used as cold weather road abrasive.
(r) (s)
Stamp sands when used as cold
weather road abrasive in
the Upper Peninsula by any of the following:
(i) A public road agency.
(ii) Any other person pursuant to a plan approved by a public
road agency.
(s) (t)
Any material that is reclaimed or
reused in the
process that generated it.
(t) (u)
Any secondary material that, as
specified in or
determined pursuant to 40 CFR part 241, is not a solid waste when
combusted.
(u) (v)
Other wastes regulated by statute.
(2) "Solid waste hauler" means a person who owns or operates a
solid waste transporting unit.
(3) "Solid waste management fund" means the solid waste
management fund created in section 11550.
(4) (3)
"Solid waste processing plant"
and transfer facility"
means
a tract of land, a building
, or unit, or appurtenance and
any
appurtenances of a building or unit, or a container, or a any
combination
of land, buildings, and units these
that is used or
intended
for use for in the handling,
storage, transfer, or
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.and
is not located at the site of generation or the site of disposal of
the solid waste. Solid waste processing and transfer facility
includes a pyrolysis facility or gasification plant that uses solid
waste as a feedstock.
(5) (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 reduction" means any practice that reduces or
eliminates the generation of waste at the source.
(7) (6)
"Source separated
material" means any of the following
materials if separated at the source of generation or at a
materials management facility that complies with part 115 and if
not speculatively accumulated:
(a) Glass, metal, wood, paper products, plastics, rubber,
textiles,
garbage, food waste, electronics,
latex paint, yard
waste, or any other material approved by the department, that is
used for conversion into raw materials or new products. For the
purposes of this subdivision, raw materials or new products
include, but are not limited to, compost, biogas from anaerobic
digestion,
synthetic synthesis gas from gasification or pyrolysis,
or
other fuel. This subdivision does not prevent prohibit material
from being classified as a renewable energy resource as defined in
section
11 of the clean , and
renewable , energy and
efficient
energy waste reduction act, 2008 PA 295, MCL 460.1011.
(b) Scrap wood and railroad ties used to fuel an industrial
boiler, kiln, power plant, or furnace, subject to part 55, for
production of new wood products, or for other uses approved by the
department.
(c) Chipped or whole tires used to fuel an industrial boiler,
kiln, power plant, or furnace, subject to part 55, or for other
uses
approved by the department. This subdivision does not prevent
prohibit material from being classified as a renewable energy
resource
as defined in section 11 of the clean
, and renewable ,
energy
and efficient energy waste reduction act, 2008 PA 295, MCL
460.1011.
(d) Recovered paint solids if used to fuel an industrial
boiler, kiln, power plant, gasification facility, or furnace,
subject
to part 55; , if
bonded with cement or asphalt; or if used
for other uses approved by the department.
(e) Gypsum drywall generated from the production of wallboard
used for stock returned to the production process or for other uses
approved by the department.
(f) Flue gas desulfurization gypsum used for production of
cement or wallboard or other uses approved by the department.
(g)
Asphalt shingles that do meet
both of the following
requirements:
(i) Do not contain asbestos, rolled roofing, or tar paper.
(ii) Are used
as a component in asphalt, or used to fuel an
industrial boiler, kiln, power plant, or furnace, subject to part
55, or for other uses approved by the department.
(h) Municipal solid waste incinerator ash that meets criteria
specified by the department and that is used as daily cover at a
disposal
facility licensed pursuant to this part 115.
(i) Utility poles or pole segments reused as poles, posts, or
similar uses approved by the department in writing.
(j) Railroad ties reused in landscaping, embankments, or
similar uses approved by the department in writing.
(k) Any materials and uses approved by the department under
section 11553(8).
(l) Leaves that are ground or mixed with ground wood and sold
as mulch for landscaping purposes if the volumes so managed are
reported to the department in the manner provided in section 11560.
(m)
(l) Any
material determined by the department in writing
prior
to the effective date of the 2014 amendatory act that added
this
subdivision before September
16, 2014 to be a source separated
material.
(n) Yard waste that is land applied on a farm at agronomic
rates consistent with GAAMPS.
(o) Yard waste, class 1 compostable material, and class 2
compostable material that are delivered to an anaerobic digester
authorized under part 115 by the department to receive the
material.
(p) Recyclable materials.
(8) (7)
"Stamp sands" means
finely grained crushed rock
resulting from mining, milling, or smelting of copper ore and
includes native substances contained within the crushed rock and
any ancillary material associated with the crushed rock.
(9) (8)
"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.
(10) (9)
"Trust fund" means a fund
held by a trustee who has
the authority to act as a trustee and whose trust operations are
regulated and examined by a federal or state agency.
(11) (10)
"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.Administrative Code.
(12) "Type II landfill" means a landfill that receives
household waste or municipal solid waste incinerator ash, or both,
and that may also receive other types of solid waste, such as any
of the following:
(a) Construction and demolition waste.
(b) Sewage sludge.
(c) Commercial waste.
(d) Nonhazardous sludge.
(e) Hazardous waste from conditionally exempt small quantity
generators.
(f) Industrial waste.
(13) "Type III landfill" means a landfill that is not a type
II landfill or hazardous waste landfill and includes all of the
following:
(a) A construction and demolition waste landfill.
(b) An industrial waste landfill.
(c) A low hazard industrial waste landfill.
(d) A surface impoundment authorized as an industrial waste
landfill.
(e) A landfill that accepts only waste other than household
waste, municipal solid waste incinerator ash, or hazardous waste
from conditionally exempt small quantity generators.
(14) "Vermiculture" means the controlled and managed process
by which live worms degrade organic materials into worm castings or
worm humus.
(15) (11)
"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.
(16) (12)
"Wood" means trees,
branches and associated leaves,
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.
(17) (13)
"Wood ash" means any type
of ash or slag resulting
from the burning of wood.
(18) (14)
"Yard clippings" waste" 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
waste does not include stumps, agricultural wastes, animal
waste,
roots, sewage sludge, or garbage.Christmas trees or other
holiday decorations made of vegetation, food waste, or finished
compost made from yard waste.
Sec. 11507. (1) Optimizing recycling opportunities, including
electronics recycling opportunities, and the reuse of materials are
a principal objective of this 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 the public
health and welfare. This state should develop policies and
practices that promote recycling and reuse of materials, waste
reduction, and pollution prevention and that, to the extent
practical, minimize the use of landfilling and municipal solid
waste incineration as methods for disposal of waste. Policies and
practices that promote recycling and reuse of materials, including
materials from electronic devices, result in conservation of raw
materials and landfill space and avoid the contamination of soil
and groundwater from heavy metals and other pollutants.
(2) It is the goal of this state to achieve a 45% municipal
solid waste recycling rate, and, as an interim step, a 30%
municipal solid waste recycling rate by 2025, through the benchmark
recycling standards.
(3)
(1) The department and a local health officer shall
assist
in developing and encouraging methods for the disposal of solid
waste that are environmentally sound, that maximize the utilization
of valuable resources, and that encourage resource conservation
including source reduction and source separation.
(4) (2)
This part Part 115 shall be construed and administered
to
encourage and facilitate the effort of all persons to engage in
source
separation and site separation of material from solid waste,
and other environmentally sound measures to prevent materials from
entering
the waste stream or which encourage the removal of to
remove materials from the waste stream.
(5) A person shall not dispose, store, or transport solid
waste in this state unless the person complies with the
requirements of part 115.
(6) (3)
The department may exempt from regulation under this
part
solid waste that is determined by the department to be inert
material
for uses and in a manner approved by the department.Part
115 is intended to encourage the continuation of the private sector
in materials management, disposal, and transportation in compliance
with part 115. Part 115 is not intended to prohibit salvaging.
Sec.
11507a. (1) The owner or operator of a landfill shall
annually
submit a report to the state and the county and
municipality
in which the landfill is located that contains
information
on the amount of solid waste received by the landfill
during
the year itemized, to the extent possible, by county, state,
or
country of origin and the amount of remaining disposal capacity
at
the landfill. Remaining disposal capacity shall be calculated as
the
permitted capacity less waste in place for any area that has
been
constructed and is not yet closed plus the permitted capacity
for
each area that has a permit for construction under this part
but
has not yet been constructed. The report shall be submitted on
a
form provided by the department within 45 days following the end
of
each state fiscal year.
(2)
By January 31 of each year, the department shall submit to
the
legislature a report summarizing the information obtained under
subsection
(1). Under
rules promulgated by the department, the
department may certify a city, county, or district health
department to perform a solid waste management program or
designated activities as prescribed in part 115. The department may
rescind certification under either of the following circumstances:
(a) Upon request of the certified health department.
(b) After reasonable notice and an opportunity for a hearing
if the department finds that the certified health department is not
performing the program or designated activities as required.
Sec.
11508. (1) A city, county, or district health department
may
be certified by the department to perform a solid waste
management
program. Certification procedures shall be established
by
the department by rule. The department may rescind certification
upon
request of the certified health department or after reasonable
notice
and hearing if the department finds that a certified health
department
is not performing the program as required.A person shall
not operate a materials management facility unless the following
requirements are met:
(a) The owner or operator has complied with any applicable
requirement of part 115 to notify the department, register with the
department, obtain an approval from the department under a general
permit, or obtain a construction permit and operating license from
the department.
(b) The operation is in compliance with the terms of any
registration, general permit, construction permit, or operating
license issued for the materials management facility issued under
part 115.
(c) If the materials management facility is a disposal area or
materials utilization facility that is required to be permitted,
licensed, approved under a general permit, or registered under part
115 or for which a notification is required to be submitted to the
department for operation under part 115, the facility is consistent
with the MMP. This subdivision does not apply to a disposal area
described in section 11509(1)(a) or (b).
(2) The department shall deny an application for a
registration, for approval under a general permit, or for a
construction permit or operating license for a materials management
facility unless the department has, under section 11575, approved
an MMP for the planning area where the facility is located or
proposed to be located and the facility is consistent with the MMP,
as determined under section 11585. However, both of the following
apply:
(a) Before an MMP is initially approved by the department
under section 11575, the department may issue a construction permit
for a solid waste processing and transfer facility or an approval
under a general permit for a materials utilization facility if the
CBC and the legislative body of the municipality in which the
facility is or is proposed to be located have each notified the
department in writing that they approve the issuance.
(b) Proposed landfill expansions shall follow the siting
process of the existing solid waste management plan until an MMP
for the planning area is approved by the department.
(3) A notification or application under part 115 for a
construction permit, operating license, approval under a general
permit, or registration required to operate a materials management
facility; a notice of intent to prepare a materials management
plan; a landfill care fund bond; a risk pooling financial
mechanism; a request for the reduction of the amount of a financial
assurance mechanism; an agreement governing the operation of a
perpetual care fund trust or escrow account; an application for a
grant or loan; or a report or other information required to be
submitted to the department under part 115 shall meet all of the
following requirements:
(a) Be submitted on a form and in a format provided or
approved by the department.
(b) Contain relevant information required by the department.
(c) If an application, be accompanied by any applicable
application fee provided for by this part.
SUBPART 2 DISPOSAL AREAS
Sec.
11509. (1) Except as otherwise provided in section 11529,
a
This section and sections
11510 to 11512 apply to disposal areas
other than the following:
(a) A solid waste processing and transfer facility described
in section 11513(2) or (3).
(b) An incinerator that does not comply with the construction
permit and operating license requirements of this subpart, as
allowed under section 11540.
(2) A person shall not establish a disposal area except as
authorized by a construction permit issued by the department
pursuant
to part 13. In addition, a person shall not establish a
disposal
area contrary to an approved solid waste management plan,
or
contrary to a permit, license, or final order issued pursuant to
this
part. A person proposing the
establishment of a disposal area
shall
apply submit the
application for a construction permit
to the
department
through the appropriate local health officer. If
However, if the disposal area is located in a county or city that
does not have a certified health department, the application shall
be
made submitted directly to the department. An application for a
construction permit shall be accompanied by an engineering plan.
(3) (2)
The application for a construction permit shall
contain
the name and residence of the applicant, the location of
the
proposed disposal area, the design capacity of the disposal
area,
and other information specified by rule. A person may apply
to
construct more than 1 type of disposal area at the same facility
under
a single permit. The An application for
a construction permit
for
a landfill shall be accompanied by an
engineering plan and a
construction
permit an application fee as follows: . A
construction
permit
application for a landfill shall be accompanied by a fee in
an
amount that is the sum of all of the following fees, as
applicable:
(a)
For a new sanitary landfill,
the following: a fee equal to
the
following amount:
(i) For a municipal solid waste type II landfill,
$1,500.00.
(ii) For Except as provided in subparagraph (iii), for an
industrial waste landfill, $1,000.00.
(iii) For a type III landfill limited to low hazard industrial
waste, $750.00.
(b)
For a lateral expansion of a sanitary an existing
landfill,
a fee equal to the following amount:the following:
(i) For a municipal solid waste type II landfill,
$1,000.00.
(ii) For Except as provided in subparagraph (iii), for an
industrial waste landfill, $750.00.
(iii) For a type III landfill limited to low hazard industrial
waste, construction and demolition waste, or other nonindustrial
waste, $500.00.
(c)
For a vertical expansion of an existing sanitary landfill,
a
fee equal to the following amount:the
following:
(i) For a municipal solid waste type II landfill,
$750.00.
(ii) For Except as provided in subparagraph (iii) for an
industrial waste landfill, $500.00.
(iii) For an industrial waste landfill limited to low hazard
industrial waste, construction and demolition waste, or other
nonindustrial waste, $250.00.
(4) (3)
The An application for a construction permit for a
solid
waste transfer facility, a solid waste processing plant,
other
disposal area ,
or a combination of these, that
is not a
landfill
shall be accompanied by a an application fee in the
following amount:
(a)
For a new facility disposal
area for municipal solid waste
,
or a combination of municipal solid
waste and waste listed in
subdivision (b), $1,000.00.
(b)
For a new facility disposal
area for industrial waste, or
construction and demolition waste, $500.00.
(c)
For the expansion of an existing facility disposal area
for any type of waste, $250.00.
(5) (4)
If an application is returned to
the applicant as
administratively
incomplete, the department shall refund the entire
fee.
the applicant may, within 1
year after the application is
returned, resubmit the application, together with the additional
information as needed to address the reasons for being incomplete,
without paying an additional application fee. If a permit is denied
or
an application is withdrawn, the department shall refund 1/2 the
amount
specified in subsection (3) to the applicant. An an
applicant
for a construction permit, within 12 months 1 year after
a permit denial or application withdrawal, may resubmit the
application, and
the refunded portion of the fee, together with the
additional information as needed to address the reasons for denial,
without
being required to pay paying
an additional application fee.
(6) (5)
An Subject to section 11510(2)(d),
an application for
a modification to a construction permit or for renewal of a
construction
permit which that has expired shall be accompanied by
a
fee of $250.00. Increases in final elevations that do not result
in
an increase in design capacity or a change in the solid waste
boundary
shall be considered a modification and not a vertical
expansion.
(7) (6)
A person may apply for a
single permit to construct
more than 1 type of disposal area at the same facility. A person
who applies to permit more than 1 type of disposal area at the same
facility shall pay a fee equal to the sum of the applicable fees
listed in this section for each type of disposal area.
(8) (7)
The department shall deposit permit
application fees
collected under this section in the solid waste staff account of
the
solid waste management fund. established in section 11550.
(9) The department shall not approve an application for a
construction permit for a new type II landfill that is not
contiguous to an already permitted type II landfill or for a new
municipal solid waste incinerator unless the approval is requested
by the CBC and the department determines that the landfill or
incinerator is needed for the planning area. The CBC's request
shall include a demonstration that materials utilization options
have been exhausted. The department's determination of need shall
be based on human health, solid waste disposal capacity, and
economic issues that would arise without the new site.
(10) As used in this section, "contiguous" means either of the
following:
(a) On the same property. The property may be divided by
either of the following:
(i) The boundary of a local unit of government.
(ii) A public or private right-of-way if access to and from
the right-of-way for each piece of the property is opposite the
access for the other piece of the property so that movement between
the 2 pieces of the property is by crossing the right-of-way.
(b) On 2 or more properties owned by the same person if the
properties are connected by a right-of-way that the owner controls
and to which the public does not have access.
Sec. 11510. (1) Before the submission of a construction permit
application under section 11509 for a new disposal area, the
applicant shall request a local health officer or the department to
provide an advisory analysis of the proposed disposal area.
However,
the The applicant, not less than 15 days after the
request, and notwithstanding an analysis result, may file an
application for a construction permit.
(2) Upon receipt of a construction permit application, the
department
shall do all of the following:
(a) Immediately notify the clerk of the municipality in which
the disposal area is located or proposed to be located, the local
soil erosion and sedimentation control agency under part 93, each
division within the department and the department of natural
resources that has responsibilities in land, air, or water
management,
and the designated regional solid waste management the
regional planning agency, and the designated planning agency for
the planning area.
(b) Publish a notice in a newspaper or by electronic media
having major circulation or viewership in the vicinity of the
proposed
disposal area. The required published notice shall contain
a
all of the following:
(i) A map indicating the location of the proposed disposal
area. and
shall contain a
(ii) A description
of the proposed disposal area. and the
(iii) The location where the complete application package may
be reviewed and where copies may be obtained.
(c)
Indicate in the public, departmental, and municipality
notice
notices under subdivisions
(a) and (b) that the department
shall
will hold a public hearing in the area of the proposed
disposal area if a written request is submitted by the applicant,
or
a municipality, or a designated planning agency within 30 days
after the date of publication of the notice, or by a petition
submitted to the department containing a number of signatures equal
to not less than 10% of the number of registered voters of the
municipality where the proposed disposal area is to be located who
voted in the last gubernatorial election. The petition shall be
validated by the clerk of the municipality. The public hearing
shall be held after the department makes a preliminary review of
the application and all pertinent data and before a construction
permit is issued or denied.
(d) Conduct a consistency review of the plans of the proposed
disposal area, including the site, plans, and application to
determine
if it complies they comply
with this part 115. and
the
rules
promulgated under this part. The
review shall be made
conducted
by persons qualified in hydrogeology
and, sanitary if the
disposal
area is a landfill, landfill
engineering. A The
department
shall not issue a construction permit unless the persons conducting
the review submit to the department a written acknowledgment that
the application package is in compliance with the requirements of
this
part 115. and rules
promulgated under this part by the persons
qualified
in hydrogeology and sanitary landfill engineering shall
be
received before a construction permit is issued. If the
consistency
review of the site and the plans and the application
meet
the requirements of this part and the rules promulgated under
this
part, the department shall issue a construction permit that
The construction permit may contain a stipulation specifically
applicable to the site and operation. Except as otherwise provided
in section 11542, an expansion of the area of a disposal area, an
enlargement in capacity of a disposal area, a change in the solid
waste boundary, or an alteration of a disposal area to a different
type of disposal area than had been specified in the previous
construction permit application constitutes a new proposal for
which a new construction permit is required rather than a
modification of a construction permit under section 11509(6). The
upgrading of a disposal area type required by the department to
comply
with this part or the rules promulgated under this part 115
or to comply with a consent order does not require a new
construction permit.
(e) Notify the Michigan aeronautics commission if the disposal
area
is a sanitary landfill that is a new site or a lateral
extension or vertical expansion of an existing unit proposed to be
located within 5 miles of a runway or a proposed runway extension
contained in a plan approved by the Michigan aeronautics commission
of an airport licensed and regulated by the Michigan aeronautics
commission. The department shall make a copy of the application
available
to the Michigan aeronautics commission. If, after a
period
of time for review and comment not to exceed not more than
60 days after receiving notification from the department, the
Michigan
aeronautics commission informs the department that it
finds
that operation of the proposed
disposal area would present a
potential hazard to air navigation and presents the basis for its
findings, the department may either recommend appropriate changes
in the location, construction, or operation of the proposed
disposal area or deny the application for a construction permit.
The department shall give an applicant an opportunity to rebut a
finding of the Michigan aeronautics commission that the operation
of a proposed disposal area would present a potential hazard to air
navigation. The Michigan aeronautics commission shall notify the
department and the owner or operator of a landfill if the Michigan
aeronautics commission is considering approving a plan that would
provide for a runway or the extension of a runway within 5 miles of
a
the landfill.
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 under section 11509 within 10 days after the
final decision is made.
(2)
A construction permit shall expire expires 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 of
$250.00 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 department 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 115,
except as provided
in this section.
(3) An extension of the processing period for an RDDP
construction permit is not subject to the limitations 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 115. and rules
promulgated under this part.
(c) A list and discussion of the types of waste that will be
disposed of, excluded, or added, including the types and amount of
liquids that will be added under subsection (5) and how 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
information required under 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 the beginning of the postclosure 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 Added liquids are shall be evenly
distributed
and that side slope breakout of liquids is prevented.
(b)
Ensure that daily Daily cover practices or disposal of low
permeability
solid wastes does shall 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 leachate collection system of adequate size for the
anticipated increased liquid production rates. The design's factor
of safety shall take into account the anticipated increased
operational temperatures and other factors as appropriate.
(iii) A means to monitor the depth of leachate on the liner.
(iv) 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 must 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
department 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 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 department
determines
is necessary to accomplish the purposes of this part
115.
(c) If the department fails to make a final decision within 90
days
of after receipt of an administratively complete application
for an extension of the term of a permit, the term of the permit is
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 21
years.
(9)
If the director department
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
department 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 the condition that non-RDDP landfills 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 landfill care fund
required
under section 11525 shall be
maintained for the period
after final closure of the landfill as specified under section
11525.11525c.
(11)
The director department 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 department
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, and regulations promulgated thereunder.
(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.
Sec. 11512. (1) This section applies to disposal areas
described in section 11509(1).
(2) A person shall not dispose of solid waste at a disposal
area
licensed under this part unless a person is permitted unless
the disposal area is licensed under this section. However, a person
authorized by state law or rules promulgated by the department to
do so may dispose of the solid waste at the site of generation.
(3)
(2) Except as otherwise provided in this section, or
in
section
11529, a person shall not conduct,
manage, maintain, or
operate
a disposal area within this state except as authorized by
an operating license issued by the department pursuant to part 13.
In
addition, a person shall not conduct, manage, maintain, or
operate
a disposal area contrary to an approved solid waste
management
plan, or contrary to a permit, license, or final order
issued
under this part. A person who intends to conduct, manage,
maintain,
or operate a The owner or
operator of the disposal area
shall submit a license application to the department through a
certified health department. If the disposal area is located in a
county or city that does not have a certified health department,
the application shall be made directly to the department. A person
authorized
by this part 115 to operate more than 1 type of disposal
area at the same facility may apply for a single license.
(4) (3)
The application for a license shall contain the name
and
residence of the applicant, the location of the proposed or
existing
disposal area, the type or types of disposal area
proposed,
evidence of bonding, and other information required by
rule.
In addition, an An applicant for
a license for a type II or
type III landfill shall submit evidence of financial assurance
adequate
to meet that meets the requirements of section 11523a, the
maximum waste slope in the active portion, an estimate of remaining
permitted capacity, and documentation on the amount of waste
received at the disposal area during the previous license period or
expected
to be received, whichever is greater. The application
shall
be accompanied by a fee as specified in subsections (7), (9),
and
(10).
(5) (4)
At the time of An application for a license for a
disposal
area , the applicant shall submit to a health officer or
the
department shall include a certification under the seal of a
licensed professional engineer verifying that the construction of
the disposal area has proceeded according to the approved plans. If
construction of the disposal area or a portion of the disposal area
is
not complete, the department shall require owner or operator
shall submit additional construction certification of that portion
of
the disposal area under section
11516(4). during intermediate
progression
of the operation, as specified in section 11516(5).
(6) (5)
An applicant for an operating
license, within 6 months
after a license denial, may resubmit the application, together with
additional information or corrections as are necessary to address
the reason for denial, without being required to pay an additional
application fee.
(7) (6)
In order to To conduct tests and assess operational
capabilities, the owner or operator of a municipal solid waste
incinerator that is designed to burn at a temperature in excess of
2500 degrees Fahrenheit may operate the incinerator without an
operating license, upon notice to the department, for a period not
to exceed 60 days.
(8) (7)
The application for a type II
landfill operating
license shall be accompanied by the following fee for the 5-year
term
of the operating license, calculated in accordance with
subject
to subsection (8):(9):
(a) Landfills receiving less than 100 tons per day, $250.00.
(b) Landfills receiving 100 tons per day or more, but less
than 250 tons per day, $1,000.00.
(c) Landfills receiving 250 tons per day or more, but less
than 500 tons per day, $2,500.00.
(d) Landfills receiving 500 tons per day or more, but less
than 1,000 tons per day, $5,000.00.
(e) Landfills receiving 1,000 tons per day or more, but less
than 1,500 tons per day, $10,000.00.
(f) Landfills receiving 1,500 tons per day or more, but less
than 3,000 tons per day, $20,000.00.
(g)
Landfills receiving greater more
than 3,000 tons per day,
$30,000.00.
(9) (8)
Type II landfill application fees
shall be based on
the average amount of waste in tons projected to be received daily
during the license period. Application fees for license renewals
shall be based on the average amount of waste received daily in the
previous calendar year based on a 365-day calendar year.
Application fees shall be adjusted in the following circumstances:
(a) If a landfill accepts more waste than projected, a
supplemental fee equal to the difference shall be submitted with
the next license application.
(b) If a landfill accepts less waste than projected, the
department shall credit the applicant an amount equal to the
difference with the next license application.
(c)
A type II landfill that measures waste by volume rather
than
weight shall pay a fee based on 3 cubic yards per ton.
(c) (d)
A landfill used exclusively for
municipal solid waste
incinerator ash that measures waste by volume rather than weight
shall pay a fee based on 1 cubic yard per ton.
(e)
If an application is submitted to renew a license more
than
1 year prior to license expiration, the department shall
credit
the applicant an amount equal to 1/2 the application fee.
(f)
If an application is submitted to renew a license more
than
6 months but less than 1 year prior to license expiration, the
department
shall credit the applicant an amount equal to 1/4 the
application
fee.
(10) (9)
The operating license application
for a type III
landfill
shall be accompanied by a fee equal to of $2,500.00.
(11) (10)
The operating license application
for a solid waste
processing
plant, solid waste and transfer facility that manages
more
than 200 cubic yards at any time, or other
disposal area , or
combination
of these entities that is not
a landfill or surface
impoundment
shall be accompanied by a fee equal
to of $500.00.
(12) (11)
The department shall deposit
operating license
application fees collected under this section in the perpetual care
account
of the solid waste management fund. established in section
11550.
(13) (12)
A person who applies for an
operating license for
more than 1 type of disposal area at the same facility shall pay a
fee equal to the sum of the applicable application fees listed in
this section.
(14) The department shall not license a landfill unless the
landfill has an approved hydrogeologic monitoring program and the
owner or operator has provided the department with the monitoring
results. The department shall use this information in conjunction
with other information required by part 115 to determine a course
of action regarding licensing of the facility consistent with
section 4005 of subtitle D of the solid waste disposal act, 42 USC
6945, and with part 115. In deciding a course of action, the
department shall consider, at a minimum, the health hazards,
environmental degradation, and other public or private
alternatives. If a landfill violates part 115, the department may
revoke the landfill's license or issue a timetable or schedule of
remedial measures, including a sequence of actions or operations,
that leads to compliance with part 115 within a reasonable time
period.
(15) A type II landfill does not require a separate solid
waste processing and transfer facility permit or license if the
type II landfill is solidifying industrial waste sludges on-site in
containers or tanks as specified in part 121 and that activity is
approved by the department as part of the facility's operations
plan.
(16) An existing industrial waste landfill may accept the
following:
(a) Industrial waste.
(b) Solid waste that originates from an industrial site and is
not a hazardous waste regulated under part 111.
(17) The owner or operator of a landfill shall annually submit
a report to the department and the county and municipality in which
the landfill is located that specifies the tonnage and type of
solid waste received by the landfill during the year itemized, to
the extent possible, by county, state, or country of origin and the
amount of remaining disposal capacity at the landfill. Remaining
disposal capacity shall be calculated as the permitted capacity
less waste in place for any area that has been constructed and is
not yet closed plus the permitted capacity for each area that has a
permit for construction under part 115 but has not yet been
constructed. The report shall be submitted within 45 days after the
end of each state fiscal year. By January 31 of each year, the
department shall submit to the legislature a report summarizing the
information obtained under this subsection.
Sec.
11513. (1) A person shall not accept for disposal solid
waste
or municipal solid waste incinerator ash that is not
generated
in the county in which the disposal area is located
unless
the acceptance of solid waste or municipal solid waste
incinerator
ash that is not generated in the county is explicitly
authorized
in the approved county solid waste management plan. The
department
shall take action to enforce this section within 30 days
of
obtaining knowledge of a violation of this section.A person
shall not dispose of solid waste at a solid waste processing and
transfer facility described in subsection (2) or (3) unless the
facility has complied with the applicable notification or
registration requirement of subsection (2) or (3), respectively.
(2) Subject to subsection (5), unless the person has notified
the department, a person shall not operate a solid waste processing
and transfer facility that does not at any time have on-site more
than 50 cubic yards of solid waste and that is not designed to
accept waste from vehicles with mechanical compaction devices.
Notification shall be given upon initial operation and,
subsequently, within 45 days after the end of each state fiscal
year. The subsequent notices shall report the amount of solid waste
managed at the facility during the preceding state fiscal year.
(3) Subject to subsection (5), beginning 1 year after the
effective date of the amendatory act that added this section,
unless the person has registered the facility with the department,
a person shall not operate a solid waste processing and transfer
facility that at any time has on-site more than 50 cubic yards and
does not at any time have on-site more than 200 cubic yards of
solid waste and that is not designed to accept waste from vehicles
with mechanical compaction devices. The person shall submit an
application for registration within 45 days after the end of the
state fiscal year. The application shall contain the name and
mailing address of the applicant, the location of the proposed or
existing solid waste processing and transfer facility, and other
information required by part 115. The term of a registration is 5
years. In addition, within 45 days after the end of each state
fiscal year, the person shall submit to the department a report on
the amount of solid waste handled at the facility during that state
fiscal year.
(4) An application for registration submitted under subsection
(3) shall be accompanied by an operations plan and site map. The
department shall review operations and the operations plan for
existing solid waste disposal areas to ensure compliance with
operating requirements. If the department determines that an
existing solid waste disposal area is noncompliant, the department
may issue a schedule of remedial measures that will lead to
compliance within a reasonable amount of time and not to exceed 1
year from the determination of deficiency.
(5) For a disposal area in operation before the effective date
of the 2018 amendatory act that added this subsection, the
following apply:
(a) Except as provided in subdivision (b), the disposal areas
shall follow their existing licensing renewal schedule.
(b) For a disposal area is described in subsection (3) or (4),
the operator of the disposal area shall submit to the department
the notification or application for registration required under
those subsections within 1 year after the effective date of the
2018 amendatory act that added this subsection.
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.
(1) (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 allow 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, waste,
unless
they are diseased, infested, or composed of invasive species
as
authorized by section 11521(1)(i).it
meets the requirements of
section 11555(1)(j).
(2) (3)
A person shall not deliver to a
landfill for disposal,
or,
if the person is an owner or operator of a landfill, permit
allow 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.
(3) (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
allow disposal in the incinerator of, more than a de
minimis
amount
of yard clippings, waste, unless they are diseased,
infested,
or composed of invasive species as authorized by section
11521(1)(i).it meets the requirements of section 11555(1)(j).
(4) 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 (3) in
the same manner as provided in section
11527a.
(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) (1) or (4), (3), 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.
11515. (1) Upon receipt of a license application, the
department
or a health officer or an authorized representative of a
health
officer shall inspect the site and determine if the proposed
operation
complies with this part and the rules promulgated under
this
part.
(2)
The department shall not license a landfill facility
operating
without an approved hydrogeologic monitoring program
until
the department receives a hydrogeologic monitoring program
and
the results of the program. The department shall use this
information
in conjunction with other information required by this
part
or the rules promulgated under this part to determine a course
of
action regarding licensing of the facility consistent with
section
4005 of subtitle D of the solid waste disposal act, title
II
of Public Law 89-272, 42 U.S.C. 6945, and with this part and the
rules
promulgated pursuant to this part. In deciding a course of
action,
the department shall consider, at a minimum, the health
hazards,
environmental degradation, and other public or private
alternatives.
The department may revoke a license or issue a
timetable
or schedule to provide for compliance for the facility or
operation,
specifying a schedule of remedial measures, including a
sequence
of actions or operations, which leads to compliance with
this
part within a reasonable time period but not later than
December
2, 1987.The department or an authorized
representative of
the department may inspect and investigate conditions relating to
the generation, storage, processing, transportation, management, or
disposal of solid waste or any material regulated under part 115.
In conducting an inspection or investigation, the department or its
authorized representative may, at reasonable times and after
presenting credentials and stating its authority and purpose, do
any of the following:
(a) Enter any property.
(b) Have access to and copy, at reasonable times, any
information or records that are required to be maintained pursuant
to part 115 or an order issued under part 115.
(c) Inspect, at reasonable times, any facility, equipment,
including monitoring and pollution control equipment, practices, or
operations regulated or required under part 115 or an order issued
under part 115.
(d) Sample, test, or monitor, at reasonable times, substances
or parameters for the purpose of determining compliance with part
115 or an order issued under part 115.
(2) Upon receipt of an application for a permit, license, or
registration under part 115, the department or an authorized
representative of the department shall inspect the materials
management facility, property, site, or proposed operation to
determine eligibility for the permit, license, or registration. An
inspection report shall be filed in writing by the department
before issuing a permit, license, or registration.
(3) If the department or an authorized representative of the
department is refused entry or access under subsection (1) or (2),
the attorney general, on behalf of the state, may do either of the
following:
(a) Petition the court of appropriate jurisdiction for a
warrant authorizing entry or access to property, information or
records, or to sample, test, or monitor pursuant to this section.
(b) Commence a civil action to compel compliance with a
request for entry or access to property, information or records, or
to sample, test, or monitor pursuant to this section.
(4) The department or an authorized representative may receive
and initiate complaints of an alleged violation of part 115 and
take action with respect to the complaint as provided in part 115.
(5) As used in this section, "authorized representative" means
any of the following:
(a) A full- or part-time employee of another state department
or agency acting pursuant to law or to which the department
delegates certain duties under part 115.
(b) A local health officer.
(c) For the purpose of sampling, testing, or monitoring under
subsection (1)(d), a contractor retained by the state or a local
health officer.
Sec. 11516. (1) The department shall conduct a consistency
review before making a final decision on a license application. The
department shall notify the clerk of the municipality in which the
disposal area is located and the applicant of its approval or
denial of a license application within 10 days after the final
decision is made.
(2)
An operating license shall expire expires 5 years after
the date of issuance. An operating license may be renewed before
expiration upon payment of a renewal application fee specified in
section
11512(8) 11512 if the licensee is in compliance with this
part
115. and the rules promulgated under this part.
(3)
The issuance of the operating license under this part
empowers
the department or a health officer or an authorized
representative
of a health officer to enter at any reasonable time,
pursuant
to law, in or upon private or public property licensed
under
this part for the purpose of inspecting or investigating
conditions
relating to the storage, processing, or disposal of any
material.
(4)
Except as otherwise provided in this subsection, the
department
shall not issue an operating license for a new 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 an operating license 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.
(3) Before a materials management plan is approved for a
county pursuant to section 11575, a solid waste management plan may
be amended pursuant to the procedures that applied under section
11533 and former sections 11534 to 11537a immediately before the
effective date of the amendatory act that added this subsection.
(4) (5)
Issuance of an operating license by
the department
authorizes the licensee to accept waste for disposal in certified
portions of the disposal area for which a bond was established
under section 11523 and, for type II landfills, for which financial
assurance was demonstrated under section 11523a. If the
construction of a portion of a landfill licensed under this section
is not complete at the time of license application, the owner or
operator of the landfill shall submit a certification under the
seal of a licensed professional engineer verifying that the
construction of that portion of the landfill has proceeded
according
to the approved plans at least 60 days prior to before
the anticipated date of waste disposal in that portion of the
landfill. If the department does not deny the certification within
60 days of receipt, the owner or operator may accept waste for
disposal in the certified portion. In the case of a denial, the
department
shall issue a written statement stating of the reasons
why
the construction or certification is not consistent with this
part
or rules promulgated under this part
115 or the approved
plans.
Sec.
11517. (1) Within 9 months after the completion of
construction
of a municipal solid waste incinerator, the owner or
operator
of a municipal solid waste incinerator shall submit a plan
to
the department for a program that, to the extent practicable,
reduces
the incineration of noncombustible materials and dangerous
combustible
materials and their hazardous by-products at the
incinerator.
The department shall approve or disapprove the plan
submitted
under this subsection within 30 days after receiving it.
In
reviewing the plan, the department shall consider the current
county
solid waste management plan, available markets for separated
materials,
disposal alternatives for the separated materials, and
collection
practices for handling such separated materials. If the
department
disapproves a plan, the department shall notify the
owner
or operator submitting the plan of this fact, and shall
provide
modifications that, if included, would result in the plan's
approval.
If the department disapproves a plan, the owner or
operator
of a municipal solid waste incinerator shall within 30
days
after receipt of the department's disapproval submit a revised
plan
that addresses all of the modifications provided by the
department.
The department shall approve or disapprove the revised
plan
within 30 days after receiving it, and approval of the revised
plan
shall not be unreasonably withheld.
(2)
Not later than 6 months after the approval of the plan by
the
department under subsection (1), the owner or operator shall
implement
the plan in accordance with the implementation schedule
set
forth in the plan. The operation of a municipal solid waste
incinerator
without an approved plan under this section shall
subject
the owner or operator, or both, to all of the sanctions
provided
by this part.After the
department approves the closure
certification for a landfill unit under section 11523a, the owner
or operator shall conduct postclosure care of that unit in
compliance with a postclosure plan approved by the department and
shall maintain financial assurance in compliance with part 115
including any additional financial assurance required based on an
extension of the postclosure care period under subsection (3). The
postclosure plan may include monitoring and maintenance provisions
not otherwise required by part 115, if designed to achieve and
demonstrate functional stability, such as monitoring settlement and
subsidence. Postclosure care shall be conducted for 30 years,
except as provided under subsection (2) or (3), and consist of at
least the following conducted as required by part 115:
(a) Maintaining the integrity and effectiveness of any final
cover, including making repairs to the cover as necessary to
correct the effects of settlement, subsidence, erosion, or other
events, and preventing run-on and run-off from eroding or otherwise
damaging the final cover.
(b) Maintaining and operating the leachate collection system,
if any. The department may waive the requirements of this
subdivision if the owner or operator demonstrates that leachate no
longer poses a threat to human health and the environment.
(c) Monitoring the groundwater and maintaining the groundwater
monitoring system, if any.
(d) Maintaining and operating the gas monitoring and
collection system, if any.
(2) The department shall shorten the postclosure care period
specified under subsection (1) for a landfill unit if the landfill
owner or operator submits to the department a petition certified by
a licensed professional engineer and a qualified groundwater
scientist that demonstrates the following:
(a) The landfill's closure certification was approved by the
department under section 11523a.
(b) The owner or operator has complied with postclosure care
maintenance and monitoring requirements for at least 15 years.
(c) The landfill has achieved functional stability, including,
but not limited to, meeting the following:
(i) There has been no release from the facility into
groundwater or surface water requiring ongoing corrective action.
(ii) There is either no evidence of continued subsidence or
significant past subsidence of waste in the unit.
(iii) The landfill does not produce significant amounts of
combustible gases.
(iv) Combustible gases from the landfill have not been
detected at or beyond the landfill's property boundary or in
facility structures.
(v) The landfill does not produce nuisance odors requiring
control.
(vi) Leachate and gas collection and control system condensate
generation has ceased, leachate and condensate quality meets
criteria for acceptable surface water or groundwater discharge, or
volumes of leachate and condensate are negligible and can be
discharged through existing leachate and condensate handling
facilities, such as sewers connected to a publicly owned treatment
works.
(d) Any other conditions necessary, as determined by the
department, to protect human health or the environment are met.
(3) The department shall extend the postclosure care period
specified in subsection (1) for a landfill unit if any of the
following apply:
(a) The owner or operator did not close the landfill unit as
required by part 115.
(b) The final cover of the landfill unit has not been
maintained, and has significant ponding, erosion, or detrimental
vegetation present.
(c) Groundwater monitoring has not been conducted in
compliance with the approved monitoring plan or groundwater in the
vicinity of the landfill unit exceeds criteria established under
part 201.
(d) There is an ongoing subsidence of waste, as evidenced by
significant ponding of water on the landfill cover.
(e) Gas monitoring has detected combustible landfill gases at
or beyond the landfill boundary or in a facility structure above
applicable criteria or gas from the unit continues to be generated
at a rate that produces nuisance odors.
(f) Leachate or gas collection and control system condensate
continues to be generated by the landfill unit in quantities that
may threaten groundwater or surface water.
(4) The owner or operator of a landfill unit that has been
released from postclosure care of the unit shall do all of the
following with respect to the landfill unit:
(a) Exercise custodial care by undertaking any activity
necessary to maintain the effectiveness of the final cover, prevent
the discharge of leachate, prevent impacts to the surface or
groundwater, mitigate the fire and explosion hazards due to
combustible gases, and manage the landfill unit in a manner that
protects the public health and safety.
(b) Comply with any land use or resource use restrictions
established for the landfill unit.
Sec.
11518. (1) At the time a disposal area that is a sanitary
When a landfill is licensed, an instrument that imposes a
restrictive covenant upon the land involved shall be executed by
all
of the owners of the tract of land upon which the landfill is
to
be located and the department. If the land involved is state
owned,
state-owned, the state administrative board shall execute
the
covenant on behalf of the this
state. The department or a local
health officer shall file the instrument imposing the restrictive
covenant
shall be filed for record by the department or a health
officer
in the office of the register of
deeds of the county, or
counties,
in which the facility landfill
is located. The covenant
shall state that the land described in the covenant has been or
will be used as a landfill and that neither the property owners,
their servants, agents, or employees, nor any of their heirs,
successors, lessees, or assigns shall, without authorization from
the department, engage in filling, grading, excavating, drilling,
or mining on the property during the first 50 years following
completion
of the landfill without authorization of the department.
approval by the department of the landfill's closure certification
under section 11523a. In giving authorization, the department shall
consider the original design, type of operation, material
deposited,
and the stage of decomposition of the fill. Special The
department
may grant an exemption from this
section may be granted
by
the department if the lands land involved
are federal lands or
if
contracts is federally owned
or if agreements existing between
the landowner and the licensee on January 11, 1979 are not
renegotiable.
(2)
This part Part 115 does not prohibit the department from
conveying, leasing, or permitting the use of state land for a solid
waste disposal area or a resource recovery facility as provided by
applicable state law.
Sec. 11519. (1) The department shall specify, in writing, the
reasons
for denial of an application for a construction permit, or
an
operating license, further specifying those particular an
approval under a general permit, or a registration, including the
sections
of this part or rules promulgated under this part 115 that
may be violated by granting the application and the manner in which
the violation may occur.
(2)
The If a materials
management facility is established,
constructed, or operated in violation of the conditions of a
permit, license, approval under a general permit, or registration,
in violation of part 115 or an order issued under part 115, or in a
manner not consistent with an MMP, the following apply:
(a) A local health officer or the department may issue a cease
and desist order specifying a schedule of closure or remedial
action
in accordance compliance with this part and rules
promulgated
under this part 115 or
may establish enter a consent
agreement
specifying a schedule of closure or remedial action in
accordance
with this part and rules promulgated under this under
part
115. to a person who establishes, constructs,conducts,
manages,
maintains, or operates a disposal area without a permit or
license
or to a person who holds a permit or license but
establishes,
constructs, conducts, manages, maintains, or operates
a
disposal area contrary to an approved solid waste management plan
or
contrary to the permit or license issued under this part.
(b) (3)
The department may issue a final
order revoking,
suspending,
or restricting a the permit, or license, approval under
a general permit, or registration or a notification after a
contested case hearing as provided in the administrative procedures
act
of 1969, Act No. 306 of the Public Acts of 1969, being sections
1969
PA 306, MCL 24.201 to 24.328. of
the Michigan Compiled Laws,
if
the department finds that the disposal area is not being
constructed
or operated in accordance with the approved plans, the
conditions
of a permit or license, this part, or the rules
promulgated
under this part. A final order issued pursuant to this
section
is subject to judicial review as provided in Act No. 306 of
the
Public Acts of 1969. The department or a health officer shall
inspect
and file a written report not less than 4 times per year
for
each licensed disposal area. The department or the health
officer
shall provide the municipality in which the licensed
disposal
area is located with a copy of each written inspection
report
if the municipality arranges with the department or the
health
officer to bear the expense of duplicating and mailing the
reports.
(c) (4)
The department may issue an order
summarily suspending
a
the permit, or license, approval under a general permit, or
registration
or a notification, if the department
determines that a
violation
of this part or rules promulgated under this part has
occurred
which, in the department's opinion, the violation or
inconsistency constitutes an emergency or poses an imminent risk of
injury
to the public health or the environment. A determination
that
a violation poses an imminent risk of injury to the public
health
shall be made by the department. Summary
suspension may be
ordered effective on the date specified in the order or upon
service
of a certified copy of the order on the licensee, owner or
operator,
whichever is later, and shall remain
remains effective
during the proceedings. The proceedings shall be commenced within 7
days
of after the issuance of the order and shall be promptly
determined.
(3) A final order issued pursuant to this section is subject
to judicial review as provided in the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department or a
health officer shall inspect and file a written report not less
than 4 times per year for each licensed disposal area. The
department or the health officer shall provide the municipality in
which the licensed disposal area or materials management facility
is located with a copy of each written inspection report if the
municipality arranges with the department or the health officer to
pay the cost of duplicating and mailing the reports.
SUBPART 3 WASTE DIVERSION CENTERS
Sec. 11521b. (1) The operator of a waste diversion center
shall
comply with all of the following requirements:
(a)
At least 90%, 85%, 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.waste.
(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 another
waste diversion
center,
a recycling facility, or a disposal facility that is in
compliance
with this act, meets the
requirement of section
11508(1)(a), 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 waste collected, the period of storage, and where
the
diverted wastes were waste
was 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 and operated in a manner that does not create a nuisance or
public health or environmental hazard.
(k) If the primary function of an entity is to serve as a
waste diversion center, the operator shall notify the department of
the waste diversion center. Notification shall be given upon
initial operation and subsequently within 45 days after the end of
each state fiscal year. The subsequent notices shall report the
amount of solid waste diverted at the facility during the preceding
state fiscal year. The notification requirement applies to the
following:
(i) For the initial notification, entities that anticipate
collecting more than 50 tons of diverted or recyclable materials in
the state fiscal year in which the notification is given.
(ii) For subsequent notifications, entities that collected
more than 50 tons of diverted or recyclable materials in the
preceding state fiscal year.
(2)
Management of diverted wastes as required by this section
is
not considered disposal for the purposes of section 11538(6).
(2) (3)
The operator of a waste diversion
center may reject
any diverted waste.
SUBPART 4 FINANCIAL ASSURANCE
Sec. 11523. (1) The department shall not issue a license to
operate
a disposal area unless until
the applicant has filed, as a
part of the application for a license, evidence of the following
financial assurance:
(a)
Financial assurance established for a type III landfill or
a
preexisting unit at a type II landfill and until April 9, 1997,
existing
and new type II landfills shall be in the form of Subject
to section 11523b, for a landfill described in this subdivision, a
bond in an amount equal to $20,000.00 per acre of licensed landfill
within the solid waste boundary. However, the total amount of the
bond shall not be less than $20,000.00 or more than $1,000,000.00.
Each bond shall provide assurance for the maintenance of the
finished
landfill site or a portion thereof for a period of 30
years
after beginning when the
department approves a closure
certification as described in section 11523a(5)(b) for the landfill
or
any approved portion is completed. portion thereof,
respectively. In addition to this bond, the owner or operator of a
landfill described in this subdivision shall maintain a perpetual
care
fund. shall be maintained under section 11525.The following
landfills are subject to this subdivision, unless the owner or
operator of the landfill, by written notice to the department,
elects to provide financial assurance under subdivision (b):
(i) A preexisting unit at a type II landfill.
(ii) A type II landfill that stopped receiving waste before
April 9, 1997.
(iii) A type III landfill that stopped receiving waste before
the effective date of the 2018 amendatory act that added this
subparagraph.
(iv) A type III landfill that received waste on or after
the effective date of the 2018 amendatory act that added this
subparagraph. However, such a landfill is not subject to this
subdivision but is subject to subdivision (b) upon the issuance of
a new license for the landfill on or after the date 2 years after
the effective date of the 2018 amendatory act that added this
subparagraph.
(b) Financial assurance for a type II or type III landfill
that is an existing unit not subject to subdivision (a) or a new
unit or for a landfill, otherwise subject to subdivision (a), whose
owner or operator elects to be subject to this subdivision shall be
in an amount equal to the cost, in current dollars, of hiring a
third party, to conduct closure, postclosure maintenance and
monitoring,
and, if necessary, corrective action. An A license
application
for a type II landfill that is an existing unit or new
unit
subject to this subdivision shall demonstrate financial
assurance
in accordance compliance with section 11523a. A license
application for a type III landfill shall demonstrate financial
assurance in compliance with section 11523a if the application is
filed 2 or more years after the effective date of the 2018
amendatory act that added subsection (2).
(c) Financial assurance established for a licensed solid waste
processing
and transfer facility , or incinerator,
processing
plant,
other solid waste handling or disposal facility, or a
combination
of these utilized in the disposal of solid waste shall
be
in the form of a bond in an amount equal to 1/4 of 1% of the
construction
cost of the facility, but shall not be less than
$4,000.00,
and shall be a bond in the
amount of $20,000.00. The
financial assurance shall be continued in effect for a period of 2
years after the disposal area is closed.
(2) The department shall not issue an approval under a general
permit for a materials utilization facility unless the applicant
has filed, as a part of the application for the approval, evidence
of adequate financial assurance, subject to the following:
(a) Financial assurance established for a materials recovery
facility or anaerobic digester that requires a general permit shall
be a bond in the amount of $20,000.00 and maintained in effect
until after the facility has ceased accepting material, removed all
managed material from the site, and had its closure certification
approved by the department as described in section 11525b(3)(a).
(b) The amount of financial assurance established for a
composting facility with a general permit shall be $20,000.00. The
financial assurance shall be maintained in effect until after the
facility has ceased accepting compostable materials, has removed
any finished or partially finished compost from the facility, and
has had its closure certification approved by the department as
described in section 11525b(3)(a).
(c) An innovative technology or practice facility shall submit
to the department a detailed written estimate, in current dollars,
of the cost for the owner or operator to hire a third party to
close the facility, including the cost to dispose of any remaining
waste material, or otherwise contain and control any remaining
waste residues. The department shall approve, approve with
modifications, or disapprove the closure cost estimate in writing.
The financial assurance shall be continued in effect until the
facility has ceased accepting material, removed all managed
material from the site, and had its closure certification approved
by the department as described in section 11525b(3)(a).
(3) (2)
The owner or operator of a landfill may post a cash
bond
with the department instead of other bonding mechanisms to
fulfill
the remaining financial assurance requirements of this
section.
An owner or operator of a disposal
area materials
management facility who elects to post cash as a bond shall accrue
interest on that bond at the annual rate of 6%, to be accrued
quarterly, except that the interest rate payable to an owner or
operator shall not exceed the rate of interest accrued on the state
common cash fund for the quarter in which an accrual is determined.
Interest shall be paid to the owner or operator upon release of the
bond
by the department. Any interest greater than over 6%
shall be
deposited in the state treasury to the credit of the general fund.
and
shall be appropriated to the department to be used by the
department
for administration of this part.An
owner or operator who
uses a certificate of deposit as a bond shall receive any accrued
interest on that certificate of deposit upon release of the bond by
the department.
(4) (3)
An owner or operator of a disposal
area that is not a
landfill
who has accomplished closure in a manner approved by the
department
and in accordance with this part and the rules
promulgated
under this part, may request a 50% reduction in the
bond
during the 2-year period after closure. At the end of the 2-
year
period, the owner or operator may, not less than 2 years after
closure of the disposal area, request that the department terminate
the
bond required under this section. The department shall approve
termination
of the bond within Within 60 days after the request is
made, the department shall approve or deny the request in writing.
The department shall approve the request if all waste and waste
residues
have been removed from the disposal area and closure is
has been certified by a licensed professional engineer and approved
by the department.
(5) (4)
The department may utilize a bond
required under this
section for the closure and postclosure monitoring and maintenance
of
a disposal area if the owner or operator fails to comply with
violates the closure and postclosure monitoring and maintenance
requirements
of this part and the rules promulgated under this part
115, to the extent necessary to correct such violations. At least 7
days before utilizing the bond, the department shall issue a notice
of
violation or other order that alleges violation of this part or
rules
promulgated under this part 115 and shall
provide an
opportunity for a hearing. This subsection does not apply to a
perpetual care fund bond.
(6) (5)
Under the The terms of a surety bond, irrevocable
letter
of credit, insurance policy, or perpetual care fund bond ,
shall
require the issuing institution shall
to notify both the
department and the owner or operator at least 120 days before the
expiration
date or any cancellation of the bond. If the owner or
operator does not extend the effective date of the bond, or
establish alternate financial assurance within 90 days after
receipt of an expiration or cancellation notice from the issuing
institution, all of the following apply:
(a) The department may draw on the bond.
(b) In the case of a perpetual care fund bond, the issuing
institution shall deposit the proceeds into the standby trust or
escrow account unless the department agrees to the expiration or
cancellation of the perpetual care fund bond.
(7) (6)
The department shall not issue a
construction permit
or a new license to operate a disposal area to an applicant that is
the subject of a bankruptcy action commenced under title 11 of the
United
States Code, 11 USC 101 to 1532, or any other predecessor or
successor statute.
(7)
A person required under this section to provide financial
assurance
in the form of a bond for a landfill may request a
reduction
in the bond based upon the amount of the perpetual care
fund
established under section 11525. A person requesting a bond
reduction
shall do so on a form consistent with this part and
provided
by the department. The department shall grant this request
unless
there are sufficient grounds for denial and those reasons
are
provided in writing. The department shall grant or deny a
request
for a reduction of the bond within 60 days after the
request
is made. If the department grants a request for a reduced
bond,
the department shall require a bond in an amount such that
for
type III landfills, and type II landfills that are preexisting
units,
the amount of the perpetual care fund plus the amount of the
reduced
bond equals the maximum amount required in a perpetual care
fund
in section 11525(2).
(8)
The department shall release the bond required by this
section
if the amount of the perpetual care fund exceeds the amount
of
the financial assurance required under subsection (1).
(8) An owner or operator of a landfill that utilizes a
financial test as financial assurance for the landfill may utilize
a financial test for other types of materials management facilities
that are located on the permitted landfill site.
(9) The department may utilize a bond required under this
section for a facility subject to approval under a general permit
for bringing the facility into compliance with part 115, including,
but not limited to, removing managed material from the facility,
cleanup at the facility, and fire suppression or other emergency
response at the facility, including reimbursement to any local unit
of government that incurred emergency response costs. Not less than
7 days before utilizing the bond, the department shall issue a
notice of violation or order that alleges violation of part 115 and
shall provide the owner or operator an opportunity for a hearing.
(10) (9)
Prior to Before closure of a landfill, if money is
disbursed
from the perpetual care fund, then the department may
require
a corresponding increase in the amount of bonding required
to
be provided if necessary to meet
the requirements of this
section.
(11) (10)
If an owner or operator of a
disposal area fulfills
the
financial assurance requirements of this part 115 by
obtaining
a bond, including, but not limited to, a perpetual care fund bond,
and the surety company, insurer, trustee, bank, or financial or
other institution that issued or holds the bond becomes the subject
of a bankruptcy action commenced under title 11 of the United
States Code, 11 USC 101 to 1532, or any successor statute or has
its
authority to issue or hold the bond or to act as an escrow
agent
or trustee suspended or revoked,
the owner or operator shall,
within 60 days after receiving notice of that event, establish
alternate financial assurance under this part.
(12) Two or more owners or operators may demonstrate all or a
portion of required financial assurance for materials management
facilities that are not landfills with a risk pooling financial
mechanism approved by the department that meets all of the
following requirements:
(a) The mechanism is administered by a surety company,
insurer, surety, bank, or other financial institution that has
authority to issue such a mechanism and is regulated and examined
by a state or federal agency.
(b) The mechanism is irrevocable and renews automatically
unless, not less than 120 days before the automatic renewal date,
the insurer, surety, bank, or other financial institution notifies
the department and the owners or operators of the covered
facilities that the mechanism will not be renewed, and the
department agrees in writing to termination of the mechanism.
(c) The amount of financial assurance available for any single
covered facility is not less than would be available for that
facility if it was covered alone under a bond.
(d) The addition or deletion of facilities covered under the
mechanism requires written agreement of the director.
(13) The department shall access and use funds under a
mechanism approved under subsection (12) subject to the provisions
for bonds under subsection (9).
Sec.
11523a. (1) Effective April 9, 1997, the The department
shall
not issue a license to operate a type II landfill that is
subject to section 11523(1)(b) unless the applicant demonstrates
that
for any new unit or existing unit at the facility, the
combination
of the perpetual landfill care fund established under
section
11525, bonds, 11525c and the financial capability of the
applicant
as evidenced by a financial test , provides
financial
assurance in an amount not less than that required by this section.
An
applicant may utilize a financial test for an amount up to, but
not
exceeding more than 70% of the closure, postclosure, and
corrective action cost estimate. For applications for a license to
operate submitted after 2 years after the effective date of the
2018 act that amended this section, an applicant may utilize a
financial test for an amount more than 70% but not more than 95% of
the closure, postclosure, and corrective action cost estimate if
the owner or operator demonstrates that the owner or operator
passes a financial test under and otherwise meets the requirements
of R 299.9709 of the Michigan Administrative Code.
(2) An applicant may demonstrate compliance with this section
by
submitting evidence, with a form consistent with this part 115
and provided by the department, that the applicant has financial
assurance for any existing unit or new unit in an amount equal to
or
greater more than the sum of the following standardized costs:
(a) A standard closure cost estimate. The standard closure
cost estimate shall be based upon the sum of the following costs in
1996
2018 dollars, adjusted for inflation and partial
closures, if
any, as specified in subsections (4) and (5):
(i) A base cost of $20,000.00 $40,000.00 per acre to construct
a compacted soil final cover using on-site material.
(ii) A supplemental cost of $20,000.00 $40,000.00 per acre, to
install a synthetic cover liner, if required by rules under this
part.
(iii) A supplemental cost of $5,000.00 $10,000.00 per acre, if
low permeability soil must be transported from off-site to
construct the final cover or if a bentonite geocomposite liner is
used instead of low permeability soil in a composite cover.
(iv) A supplemental cost of $5,000.00 $9,000.00 per acre, to
construct
a passive gas collection system in the final cover ,
unless
an active gas collection system has been installed at the
facility.or a supplemental cost of $15,000.00 per acre
for an
active landfill gas collection system, for those areas without a
gas collection and control system already installed.
(b) A standard postclosure cost estimate. The standard
postclosure cost estimate shall be based upon the sum of the
following costs, adjusted for inflation as specified in section
11525(2):11525(3):
(i) A final cover maintenance cost of $200.00 $400.00 per
acre
per year.
(ii) A leachate disposal cost of $100.00 $400.00 per
acre per
year.
(iii) A leachate transportation cost of $1,000.00 $4,000.00
per acre per year, if leachate is required to be transported off-
site for treatment.
(iv) An active gas collection system maintenance cost of
$900.00 per acre per year for gas collection systems subject to the
requirements of standards of performance for new stationary
sources, 40 CFR part 60.
(v) An active gas collection system maintenance cost of
$500.00 per acre per year for landfills not subject to the
requirements of standards of performance for new stationary
sources, 40 CFR part 60.
(vi) A passive gas collection system maintenance cost of
$35.00 per acre per year.
(vii) (iv) A
groundwater monitoring cost of $1,000.00
$2,000.00 per monitoring well per year.
(viii) (v) A gas
monitoring cost of $100.00 $200.00
per
monitoring point per year, for monitoring points used to detect
landfill gas at or beyond the facility property boundary.
(c)
The A corrective action cost estimate, if any. The
corrective action cost estimate shall be a detailed written
estimate, in current dollars, of the cost of hiring a third party
to
perform corrective action in accordance compliance with this
part 115.
(3) Instead of using some or all of the standardized costs
specified in subsection (2), an applicant may estimate the site
specific costs of closure or postclosure maintenance and
monitoring. A site specific cost estimate shall be a written
estimate, in current dollars, of the cost of hiring a third party
to perform the activity. For the purposes of this subsection, a
parent corporation or a subsidiary of the owner or operator is not
a
third party. Site specific cost estimates shall be based on
comply with the following:
(a) For closure, be based on the cost to close the largest
area
of the landfill ever requiring a final cover at any time
during the active life, when the extent and manner of its operation
would
make closure the most expensive, in accordance compliance
with
the approved closure plan. The closure cost estimate may shall
not
incorporate any salvage value that may be realized by from the
sale of structures, land, equipment, or other assets associated
with the facility at the time of final closure.
(b) For postclosure, be based on the cost to conduct
postclosure
maintenance and monitoring in accordance compliance
with the approved postclosure plan for the entire postclosure
period, but need not be provided in an amount sufficient for a
period of not more than 30 years at any given time.
(c) For costs for operation and maintenance of an on-site
wastewater treatment facility managing leachate at a landfill that
are substituted for the standardized leachate disposal and
transportation costs of this section, be based on an engineering
evaluation of total wastewater flow and include utilities,
staffing, and incidental costs to maintain and ensure compliance
with all applicable permits.
(4) The owner or operator of a landfill subject to this
section shall, during the active life of the landfill and during
the postclosure care period, annually adjust the financial
assurance cost estimates and corresponding amount of financial
assurance
for inflation. Cost estimates The
standard closure cost
estimate and corrective action cost estimate shall be adjusted for
inflation by multiplying the cost estimate by an inflation factor
derived
from the most recent United States department of the
interior,
bureau of reclamation composite index Department of the
Interior, Bureau of Reclamation Composite Index published by the
United
States department of commerce Department
of Commerce or
another index that is more representative of the costs of closure
and postclosure monitoring and maintenance as determined
appropriate by the department. The owner or operator shall document
the
adjustment on a form consistent with this part 115 as
prepared
by the department and shall place the documentation in the
operating record of the facility.
(5) The owner or operator of a landfill subject to this
section may request that the department authorize a reduction in
the approved cost estimates and corresponding financial assurance
for
the landfill. by submitting a form consistent with this part
and
provided by the department certifying Within 60 days after
receiving the financial assurance reduction request under this
subdivision, the department shall approve or deny the request in
writing. A denial shall state the reasons for the denial. A
financial assurance reduction request shall certify completion of
any of the following activities:
(a) Partial closure of the landfill. The current closure cost
estimate for partially closed portions of a landfill unit may be
reduced by 80%, if the maximum waste slope on the unclosed portions
of the unit does not exceed 25%. The percentage of the cost
estimate reduction approved by the department for the partially
closed portion shall be reduced 1% for every 1% increase in the
slope of waste over 25% in the active portion. An owner or operator
requesting a reduction in financial assurance for partial closure
shall
enclose submit with the request a certification under the
seal
of a licensed professional engineer that certifies of both
of
the following:
(i) That a portion of the licensed landfill unit has reached
final grades and has had a final cover installed in compliance with
the
approved closure plan and rules promulgated under this part
115.
(ii) The maximum slope of waste in the active portion of the
landfill unit at the time of partial closure.
(b) Final closure of the landfill. An owner or operator
requesting a cost estimate reduction for final closure shall submit
with the request a certification under the seal of a licensed
professional engineer that closure of that landfill unit has been
fully
completed in accordance compliance
with the approved closure
plan for the landfill. Within 60 days of receiving a certification
under
this subsection, subdivision,
the department shall perform a
consistency review of the submitted certification and do 1 of the
following:
(i) Approve the certification and notify the owner or operator
that
he or she may reduce the closure cost estimate may be reduced
to zero.
(ii) Disapprove the certification and provide the owner or
operator
with a detailed written statement of the reasons why the
department has determined that closure certification has not been
conducted
in accordance compliance with this part, the rules
promulgated
under this part , 115 or
an approved closure plan.
(c) Postclosure maintenance and monitoring. The owner or
operator of a landfill unit who has completed final closure of the
unit may request a reduction in the postclosure cost estimate and
corresponding financial assurance for 1 year or more of postclosure
maintenance and monitoring if the landfill has been monitored and
maintained
in accordance compliance with the approved postclosure
plan.
The department shall, within Within
60 days of after
receiving a cost estimate reduction request, the department shall
grant written approval or issue a written denial stating the reason
for
denial. The If the department shall grant grants the
request,
and
the owner or operator may reduce
the postclosure cost estimate
to reflect the number of years remaining in the postclosure period.
unless
the The department denies shall deny the request and the
written
denial states that if the owner or operator has not
performed
the specific tasks consistent with this part, rules
promulgated
under this part , 115 and
an approved postclosure plan.
The department shall not grant a request under this subdivision to
reduce the postclosure cost estimate and the corresponding
financial assurance to below the maximum required perpetual care
fund amount specified in section 11525(3) unless the owner or
operator has demonstrated within the past 5-year period that the
landfill is on target to achieve functional stability as described
in section 11517 within the time remaining in the postclosure
period.
(6) The owner or operator of a landfill subject to this
section
may request a reduction in the amount of one 1 or
more of
the financial assurance mechanisms in place. If the combined value
of the remaining financial assurance mechanisms equals the amount
required under this section, the department shall approve the
request.
(7)
An owner or operator requesting that the department
approve
a financial assurance reduction under subsection (5) or (6)
shall
do so on a form consistent with this part and provided by the
department.
The department shall grant written approval or, within
60
days of receiving a financial assurance reduction request, issue
a
written denial stating the reason for the denial.
Sec. 11523b. (1) The owner or operator of a landfill may
establish a trust fund or escrow account to fulfill the
requirements of sections 11523 and 11523a. The trust fund or escrow
account
shall be executed on a form provided by the department.
(2)
Payments into a trust fund or escrow account shall be made
annually
over the term of the first operating license issued after
the
effective date of this section. The first payment into a trust
fund
or escrow account shall be made prior to licensure and shall
be
at least equal to the portion of the financial assurance
requirement
to be covered by the trust fund or escrow account
divided
by the term of the operating license. Subsequent payments
shall
be equal to the remaining financial assurance requirement
divided
by the number of years remaining until the license expires.
(3)
If the owner or operator of a landfill establishes a trust
fund
or escrow account after having used one or more alternate
forms
of financial assurance, the initial payment into the trust
fund
or escrow account shall be at least the amount the fund would
contain
if the fund were established initially and annual payments
made
according to subsection (2).
(2) (4)
All earnings and interest from a
trust fund or escrow
account shall be credited to the fund or account. However, the
custodian
may be compensated for reasonable fees and costs for his
or
her the custodian's responsibilities as custodian. The custodian
shall ensure the filing of all required tax returns for which the
trust fund or escrow account is liable and shall disburse funds
from
earnings to pay lawfully due taxes owed by the trust fund or
escrow account, without permission of the department.
(3) (5)
The custodian shall annually, 30
days preceding the
anniversary date of establishment of the fund, furnish to the owner
or operator and to the department a statement confirming the value
of the fund or account as of the end of that month.
(4) (6)
The owner or operator may request
that the department
authorize the release of funds from a trust fund or escrow account.
The department shall grant the request if the owner or operator
demonstrates that the value of the fund or account exceeds the
owner's or operator's financial assurance obligation. A payment or
disbursement from the fund or account shall not be made without the
prior written approval of the department.
(5) (7)
The owner or operator shall receive
all interest or
earnings from a trust fund or escrow account upon its termination.
(6) If an owner or operator of a disposal area fulfills the
financial assurance requirements of part 115 by establishing a
trust fund or escrow account and the custodian has its authority to
act as a custodian suspended or revoked, the owner or operator
shall, within 60 days after receiving notice of the suspension or
revocation, establish alternative financial assurance under part
115.
(7) (8)
For purposes of this section, the
term "custodian"
means the trustee of a trust fund or escrow agent of an escrow
account.
Sec. 11525. (1) This section applies only to landfills subject
to section 11523(1)(a).
(2) The owner or operator of a landfill shall establish and
maintain a perpetual care fund for a period of 30 years after final
closure of the landfill as specified in this section. A perpetual
care fund may be established as a trust, an escrow account, or a
perpetual care fund bond and may be used to demonstrate financial
assurance
for type II landfills under section 11523 and section
11523a.a landfill.
(3) (2)
Except as otherwise provided in
this section, the
owner
or operator of a landfill shall increase the amount of his or
her
the perpetual care fund 75 cents for each ton or portion
of a
ton
or 25 cents for each cubic yard or portion of a cubic yard of
solid
waste that is disposed of in the landfill after June 17, 1990
until the fund reaches the maximum required fund amount. As of July
1,
1996, 2018, the maximum required fund amount is $1,156,000.00.
$2,257,000.00.
This amount shall be annually
adjusted for inflation
and
rounded to the nearest thousand. The
department shall annually
adjust
the maximum required fund this
amount for inflation annually
by multiplying the amount by an inflation factor derived from the
most
recent bureau of reclamation Bureau
of Reclamation composite
index
published by the United States department of commerce
Department of Commerce or another index more representative of the
costs of closure and postclosure monitoring and maintenance as
determined appropriate by the department. The department shall
round the resulting amount to the nearest thousand dollars.
Increases to the amount of a perpetual care fund required under
this subsection shall be calculated based on solid waste disposed
of in the landfill as of the end of the state fiscal year and shall
be made within 30 days after the end of each state fiscal year.
(4) (3)
The owner or operator of a landfill
that is used for
the
disposal of the following materials shall
increase the amount
of
the perpetual care fund 7.5 cents for each ton or cubic yard or
portion
of a ton or cubic yard of the following: materials that are
disposed
of in the landfill after June 17, 1990:
(a)
Coal ash, wood ash, or cement kiln dust, or a combination
thereof, that is disposed of in a the landfill
that if the landfill
is
used only for the disposal of coal ash, wood ash, or cement kiln
dust,
or a combination of these materials, or that is these
materials
or these materials are permanently
segregated in a the
landfill.
(b) Wastewater treatment sludge or sediments from wood pulp or
paper
producing industries that is disposed of in a the landfill
that
if the landfill is used only for the disposal of wastewater
treatment
sludge and sediments from wood pulp or paper producing
industries,
or that is these materials or
these materials are
permanently
segregated in a the landfill.
(c) Foundry sand or other material that is approved by the
department for use as daily cover at the landfill if an operating
landfill; ,
foundry sand that is disposed of in a the landfill
that
if
the landfill is used only for the
disposal of foundry sand; , or
foundry
sand that is permanently segregated in a
the landfill.
(5) (4)
The owner or operator of a landfill
that is used only
for the disposal of a mixture of 2 or more of the materials
described
in subsection (3)(a) (4)(a)
to (c) or in which a mixture
of 2 or more of these materials are permanently segregated shall
increase the amount of the perpetual care fund 7.5 cents for each
ton
or cubic yard or portion of a ton or cubic yard of these
materials
that are disposed of in the landfill. after July 1, 1996.
(6) (5)
The amount of a perpetual care fund
is not required to
be increased for materials that are regulated under part 631.
(7) (6)
The owner or operator of a landfill
may increase the
amount of the perpetual care fund above the amount otherwise
required by this section at his or her discretion.
(8) (7)
The custodian of a perpetual care
fund trust or escrow
account shall be a bank or other financial institution that has the
authority to act as a custodian and whose account operations are
regulated and examined by a federal or state agency. Until the
perpetual care fund trust or escrow account reaches the maximum
required
fund amount, the custodian of a the
perpetual care fund
trust or escrow account shall credit any interest and earnings of
the perpetual care fund trust or escrow account to the perpetual
care fund trust or escrow account. After the perpetual care fund
trust or escrow account reaches the maximum required fund amount,
any interest and earnings shall be distributed as directed by the
owner
or operator. The agreement governing the operation of the
perpetual
care fund trust or escrow account shall be executed on a
form
consistent with this part and provided by the department. The
custodian may be compensated from the fund for reasonable fees and
costs
incurred for his or her in
discharging the custodian's
responsibilities. as
custodian. The custodian of a perpetual care
fund trust or escrow account shall make an accounting to the
department within 30 days following the close of each state fiscal
year.
(9) (8)
The custodian of a perpetual care
fund shall not
disburse any funds to the owner or operator of a landfill for the
purposes of the perpetual care fund except upon the prior written
approval of the department. However, the custodian shall ensure the
filing of all required tax returns for which the perpetual care
fund
is liable and shall disburse funds to pay lawfully due taxes
owed by the perpetual care fund without permission of the
department. The owner or operator of the landfill shall provide
notice of requests for disbursement and the department's denials
and approvals to the custodian of the perpetual care fund. Requests
for disbursement from a perpetual care fund shall be submitted not
more frequently than semiannually. The owner or operator of a
landfill may request disbursement of funds from a perpetual care
fund
whenever if the amount of money in the fund exceeds the
maximum required fund amount under subsection (3), unless a
disbursement for that reason has been approved by the department
within the preceding 180 days. The department shall approve the
disbursement if the total amount of financial assurance maintained
meets
the requirements of sections 11523 and 11523a. As used in
this
subsection, "maximum required fund amount" means:section
11523(1)(a).
(a)
For those landfills containing only those materials
specified
in subsection (3), an amount equal to 1/2 of the maximum
required
fund amount specified in subsection (2).
(b)
For all other landfills, an amount equal to the maximum
required
fund amount specified in subsection (2).
(10) (9)
If the owner or operator of a
landfill refuses or
fails to conduct closure, postclosure monitoring and maintenance,
or corrective action as necessary to protect the public health,
safety, or welfare, or the environment or fails to request the
disbursement of money from a perpetual care fund when necessary to
protect the public health, safety, or welfare, or the environment,
or fails to pay the solid waste management program administration
fee or the surcharge required under section 11525a, then the
department may draw on the perpetual care fund and may expend the
money for closure, postclosure monitoring and maintenance, and
corrective action, as necessary. The department may also draw on a
perpetual care fund for administrative costs associated with
actions taken under this subsection.
(11) (10)
Upon approval by the department of
a request to
terminate financial assurance for a landfill under section 11525b,
any money in the perpetual care fund for that landfill shall be
disbursed
by the custodian to the owner of the landfill unless a
contract
an agreement between the owner and the operator of the
landfill provides otherwise.
(12) (11)
The owner of a landfill shall
provide notice to the
custodian of the perpetual care fund for that landfill if there is
a change of ownership of the landfill. The custodian shall maintain
records of ownership of a landfill during the period of existence
of
the perpetual care fund.
(13) (12)
This section does not relieve an
owner or operator
of
a landfill of any liability that he or she the owner or operator
may have under this part or as otherwise provided by law.
(14) (13)
This section does not create a
cause of action at
law or in equity against a custodian of a perpetual care fund other
than for errors or omissions related to investments, accountings,
disbursements, filings of required tax returns, and maintenance of
records required by this section or the applicable perpetual care
fund.
(14)
As used in this section, "custodian" means the trustee or
escrow
agent of any of the following:
(a)
A perpetual care fund that is established as a trust or
escrow
account.
(b)
A standby trust or escrow account for a perpetual care
fund
bond.
(15) A perpetual care fund that is established as a trust or
escrow account may be replaced with a perpetual care fund that is
established as a perpetual care fund bond that complies with this
section.
Upon such replacement, the director department shall
authorize the custodian of the trust or escrow account to disburse
the money in the trust or escrow account to the owner of the
landfill
unless a contract an
agreement between the owner and
operator of the landfill specifies otherwise.
(16)
An owner or operator of a landfill who that uses a
perpetual care fund bond to satisfy the requirements of this
section shall also establish a standby trust or escrow account. All
payments made under the terms of the perpetual care fund bond shall
be deposited by the custodian directly into the standby trust or
escrow
account in accordance compliance
with instructions from the
director.
department. The standby trust or escrow account must meet
the requirements for a trust or escrow account established as a
perpetual
care fund under subsection (1), (2),
except that until
the standby trust or escrow account is funded pursuant to the
requirements of this subsection, the following are not required:
(a) Payments into the standby trust or escrow account as
specified
in subsection (2).(3).
(b)
Annual accounting valuations accountings
as required in
subsection
(7).(8).
(17) As used in this section, "custodian" means the trustee or
escrow agent of any of the following:
(a) A perpetual care fund that is established as a trust or
escrow account.
(b) A standby trust or escrow account for a perpetual care
fund bond.
Sec. 11525a. (1) The owner or operator of a landfill shall pay
to the department a surcharge as follows:
(a) Except as provided in subdivision (b), 12 cents for each
cubic yard or portion of a cubic yard of solid waste or municipal
solid waste incinerator ash that is disposed of in the landfill
before October 1, 2019.
(b) For type III landfills that are captive facilities, the
following
annual amounts for each
state fiscal year, based on the
amount of waste received during that fiscal year:
(i) For a captive facility that receives 100,000 or more cubic
yards of waste, $3,000.00.
(ii) For a captive facility that receives 75,000 or more but
less than 100,000 cubic yards of waste, $2,500.00.
(iii) For a captive facility that receives 50,000 or more but
less than 75,000 cubic yards of waste, $2,000.00.
(iv) For a captive facility that receives 25,000 or more but
less than 50,000 cubic yards of waste, $1,000.00.
(v) For a captive facility that receives less than 25,000
cubic yards of waste, $500.00.
(2)
The Within 30 days after
the end of each quarter of a
state fiscal year, the owner or operator of a landfill shall pay
the
surcharge under subsection (1)(a) within 30 days after the end
of
each for waste received
during that quarter of the state fiscal
year.
The Within 30 days after
the end of a state fiscal year, the
owner or operator of a type III landfill that is a captive facility
shall
pay the surcharge under subsection (1)(b) by January 31 of
each
for waste received during
that state fiscal year.
(3) The owner or operator of a landfill who is required to pay
the surcharge under subsection (1) shall pass through and collect
the surcharge from any person who generated the solid waste or who
arranged for its delivery to the solid waste hauler or solid waste
processing and transfer facility notwithstanding the provisions of
any
contract or agreement to the contrary or the absence of any
contract
or agreement.
(4) Surcharges collected under this section shall be forwarded
to the state treasurer for deposit in the solid waste staff account
of
the solid waste management fund. established in section 11550.
(5)
As used in this section, "captive facility" means a
landfill
that accepts for disposal only nonhazardous industrial
waste
generated only by the owner of the landfill or a nonhazardous
industrial
waste landfill that is described in section 11525(3).
Sec. 11525b. (1) The owner or operator of a materials
utilization facility for which financial assurance is required
under section 11523 or of a disposal area shall provide continuous
financial assurance coverage until released from these requirements
by
the department under the provisions of this part 115.
(2) Upon transfer of a materials utilization facility for
which financial assurance is required under section 11523 or of a
disposal area, the former owner or operator shall continue to
maintain financial assurance until the financial assurance is
replaced by the new owner or operator or until the materials
utilization facility or disposal area is released from the
financial assurance obligation at the end of the postclosure
period.
(3) (2)
The If the owner or operator of a landfill who that
has completed postclosure maintenance and monitoring of the
landfill
in accordance compliance with this part, rules promulgated
under
this part , 115 and
the approved postclosure plan, the owner
or operator may request that financial assurance required by
sections 11523 and 11523a be terminated. A person requesting
termination
of bonding and financial assurance for a landfill shall
submit to the department a statement that the landfill has been
monitored
and maintained in accordance compliance
with this part,
rules
promulgated under this part , 115 and
the approved
postclosure plan for the postclosure period specified in section
11523 and shall certify that the landfill is not subject to
corrective
action under section 11515.11512(14). For
other
materials management facilties with financial assurance, the owner
or operator of the facility shall submit to the department a
statement that the facility has been maintained in compliance with
part 115 and has removed all managed material from the facility.
Within
60 days of after receiving a statement under this
subsection, the department shall perform a consistency review of
the submitted statement and do 1 of the following:
(a) Approve the statement, notify the owner or operator that
he or she is no longer required to maintain financial assurance,
return or release all financial assurance mechanisms, and, if the
perpetual care fund is established as a trust or escrow account,
notify the custodian of the perpetual care fund that money from the
fund
shall be disbursed as provided in section 11525(10).11525(11).
(b) Disapprove the statement and provide the owner or operator
with a detailed written statement of the reasons why the department
has determined that postclosure maintenance and monitoring and
corrective
action, if any, have not been conducted in accordance
compliance
with this part, the rules
promulgated under this part ,
115
or an the approved
postclosure plan.
Sec. 11525c. (1) This section applies only to landfills
subject to section 11523(1)(b).
(2) The owner or operator of a landfill shall establish and
maintain a landfill care fund as specified in this section. A
landfill care fund may be established as a trust, an escrow
account, or a landfill care fund bond and may be used to
demonstrate financial assurance for landfills under section 11523a.
(3) The owner or operator of a landfill may increase the
amount of the landfill care fund above the amount otherwise
required by this section at his or her discretion.
(4) The custodian of a landfill care fund trust or escrow
account shall be a bank or other financial institution that has the
authority to act as a custodian and whose account operations are
regulated and examined by a federal or state agency. Any interest
and earnings shall be distributed as directed by the owner or
operator of the landfill. The custodian may be compensated from the
fund for reasonable fees and costs incurred for the custodian's
responsibilities as custodian. The custodian of a landfill care
fund trust or escrow account shall make an accounting to the
department within 30 days following the close of each state fiscal
year.
(5) The custodian of a landfill care fund trust or escrow
account shall not disburse any funds to the owner or operator of a
landfill for the purposes of the landfill care fund and the issuer
or holder of a landfill care fund bond shall not reduce the amount
of the bond except upon the prior written approval of the
department. However, the custodian shall ensure the filing of all
required tax returns for which the landfill care fund is liable and
shall disburse funds to pay taxes owed by the landfill care fund,
without permission of the department. The owner or operator of the
landfill shall provide notice of requests for disbursement from a
landfill care fund trust or escrow account or reduction of a
landfill care fund bond and the department's denials and approvals
to the custodian of the landfill care fund or the issuer or holder
of the landfill care fund bond. Requests for disbursement from a
landfill care fund trust or escrow account or a reduction of a
landfill care fund bond shall be submitted not more frequently than
semiannually. The owner or operator of a landfill may request
disbursement of funds from a landfill care fund trust or escrow
account or a reduction of a landfill care fund bond. The department
shall approve the request if the total amount of financial
assurance maintained meets the requirements of section 11523a.
(6) If the owner or operator of a landfill fails to conduct
closure, postclosure monitoring and maintenance, or corrective
action as necessary to protect the public health, safety, or
welfare, or the environment, or fails to request the disbursement
of money from a landfill care fund when necessary to protect the
public health, safety, or welfare, or the environment, or fails to
pay the solid waste management program administration fee or the
surcharge required under section 11525a, then the department may
also draw on the landfill care fund and may expend the money for
closure, postclosure monitoring and maintenance, and corrective
action, as necessary. The department may draw on a landfill care
fund for administrative costs associated with actions taken under
this subsection.
(7) Upon approval by the department of a request to terminate
financial assurance for a landfill under section 11525b, any money
in the landfill care fund for that landfill shall be disbursed by
the custodian to the owner of the landfill unless an agreement
between the owner and the operator of the landfill provides
otherwise.
(8) The owner of a landfill shall provide notice to the
custodian of the landfill care fund for that landfill if there is a
change of ownership of the landfill. The custodian shall maintain
records of ownership of a landfill during the period of existence
of the landfill care fund.
(9) This section does not relieve an owner or operator of a
landfill of any liability the owner or operator may have under part
115 or as otherwise provided by law.
(10) This section does not create a cause of action at law or
in equity against a custodian of a landfill care fund other than
for errors or omissions related to investments, accountings,
disbursements, filings of required tax returns, and maintenance of
records required by this section or the applicable landfill care
fund.
(11) A perpetual care fund and any other bond that is utilized
by a landfill to demonstrate financial assurance under part 115 and
that is in existence on the effective date of the 2018 act that
added this section is considered a landfill care fund under this
section for purposes of demonstrating compliance with section
11523a until the issuance of a new license for the landfill on or
after the date 2 years after the effective date of the 2018 act
that added this section. A landfill owner or operator may replace a
perpetual care fund or a bond with a landfill care fund that
complies with this section at any time without a license
modification and without the issuance of a new license. Upon such
replacement, the department shall authorize the custodian of a
perpetual care fund trust or escrow account to disburse the money
in the trust or escrow account to the owner of the landfill unless
an agreement between the owner and operator of the landfill
specifies otherwise.
(12) An owner or operator of a landfill that uses a landfill
care fund bond to satisfy the requirements of this section shall
also establish a standby trust or escrow account. All payments made
under the terms of the landfill care fund bond shall be deposited
by the custodian directly into the standby trust or escrow account
in compliance with instructions from the department. The standby
trust or escrow account must meet the requirements for a trust or
escrow account established as a landfill care fund under subsection
(2), except that until the standby trust or escrow account is
funded pursuant to the requirements of this subsection, annual
accountings of the standby trust or escrow account are not
required.
(13) As used in this section, "custodian" means the trustee or
escrow agent of any of the following:
(a) A landfill care fund that is established as a trust or
escrow account.
(b) A standby trust or escrow account for a landfill care fund
bond.
Sec. 11525e. If the owner or operator of a materials
management facility is required to establish a bond under another
state statute or a federal statute, the owner or operator may
request the department to allow the bond to meet the requirements
of part 115. The department shall approve a bond established under
another state statute or a federal statute if the bond provides
equivalent funds and access by the department as other financial
instruments under part 115.
SUBPART 5 MISCELLANEOUS
Sec. 11526. (1) The department, a local health officer, or a
law enforcement officer of competent jurisdiction may inspect a
solid waste transporting unit that is being used to transport solid
waste along a public road to determine if the solid waste
transporting unit is designed, maintained, and operated in a manner
to prevent littering or to determine if the owner or operator of
the solid waste transporting unit is performing in compliance with
this
part and the rules promulgated under this part 115.
(2)
In order to To protect the public health, safety, and or
welfare, and
or the environment of this state, from
items and
substances being illegally disposed of in landfills in this state,
the department, in conjunction with the department of state police,
shall
administer this part so as to do all of do the following:
(a)
Ensure that all disposal areas are each materials
management
facility is in full compliance with this
part and the
rules
promulgated under this part.115.
(b) Provide for the inspection of each licensed solid waste
disposal
area for compliance with this part and the rules
promulgated
under this part 115 at
least 4 times per year.
(c) Provide for the annual inspection of each materials
management facility that is not a disposal area and is approved
under a general permit or registered under part 115, for compliance
with part 115.
(d) (c)
Ensure that all persons disposing
of solid waste are
doing
so in compliance with this part and the rules promulgated
under
this part.115.
(3) The department and the department of state police may
conduct
regular, random inspections of waste being transported for
disposal
at disposal areas to
materials management facilities in
this state. Inspections under this subsection may be conducted
during
transportation or at disposal areas
at the end original
destination.the materials management facility.
(4) An inspection described in this section may also be
conducted upon receipt of a complaint or as the department
determines to be necessary to ensure compliance with part 115.
Sec.
11526a. (1) Beginning October 1, 2004, in order to
protect
the public health, safety, and welfare and the environment
of
this state from the improper disposal of waste that is
prohibited
from disposal in a landfill, and in recognition that the
nature
of solid waste collection and transport limits the ability
of
the state to conduct cost effective inspections to ensure
compliance
with state law, the The owner or operator of a landfill
shall not accept for disposal in this state solid waste, including,
but not limited to, municipal solid waste incinerator ash, that was
generated outside of this state unless 1 or more of the following
are met:
(a) The solid waste is composed of a uniform type of item,
material, or substance, other than municipal solid waste
incinerator ash, that meets the requirements for disposal in a
landfill
under this part and the rules promulgated under this
part.115.
(b)
The solid waste was received through a material recovery
facility,
a transfer station, or other facility
that has documented
that it has removed from the solid waste being delivered to the
landfill those items that are prohibited from disposal in a
landfill.
(c) The country, state, province, or local jurisdiction in
which the solid waste was generated is approved by the department
for inclusion on the list compiled by the department under section
11526b.
(2)
Notwithstanding section 11538 or any other provision of
this
part 115, if there is sufficient
disposal capacity for a
county's
planning area's disposal needs in or within 150 miles of
the
county, all of the following apply:
(a)
The county is not required to identify a site for a new
landfill
in its solid waste management plan.
(b)
An interim siting mechanism shall not become operative in
the
county unless the county board of commissioners determines
otherwise.
(c)
The planning area, the department is not required to issue
a construction permit for a new landfill or municipal solid waste
incinerator
in the county.planning area.
Sec. 11527. (1) A solid waste hauler transporting solid waste
over
a public road in this state shall deliver do both of the
following:
(a) Deliver all waste to a disposal area licensed under part
115 or a solid waste processing and transfer facility licensed or
registered or for which a notification has been submitted under
this
part and shall use 115.
(b) Use only a vehicle or container that does not contribute
to
littering and that conforms to the rules promulgated by the
department.part 115.
(2)
A solid waste hauler who violates this part or a rule
promulgated
under this part, or who that is responsible for a
vehicle
that has in part contributed to a violation of this part or
a
rule promulgated under this part, is subject to a penalty as
provided
in section 11549.part 115 is considered
to have committed
the violation.
(3) A solid waste hauler operating within a county with a
materials management plan prepared by the department shall provide
curbside recycling services that meet the requirements of the
benchmark recycling standard for single-family residences for which
it provides solid waste hauling services.
Sec. 11528. (1) A solid waste transporting unit used for
garbage,
food waste, industrial or domestic sludges, or other
moisture laden materials not specifically covered by part 121 shall
be watertight and constructed, maintained, and operated to prevent
littering. Solid waste transporting units used for hauling other
solid waste shall be designed and operated to prevent littering or
any other nuisance.
(2)
A solid waste hauler who violates this part or the rules
promulgated
under this part is subject to the penalties provided in
this
part.
(2) (3)
The department, a local health
officer, or a law
enforcement officer may order a solid waste transporting unit out
of
service if the unit does not satisfy the requirements of this
part
or the rules promulgated under this part 115.
Continued use of
a solid waste transporting unit ordered out of service is a
violation of this part.
Sec.
11531. (1) A municipality or county shall assure ensure
that all solid waste is removed from the site of generation
frequently enough to protect the public health, and is delivered to
licensed
disposal areas, a materials
management facility that meets
the requirements of section 11508(1)(a), except waste that is
permitted by state law or rules promulgated by the department to be
disposed of at the site of generation.
(2)
An ordinance enacted adopted
before February 8, 1988 by a
county or municipality incidental to the financing of a publicly
owned disposal area or areas under construction that directs that
all or part of the solid waste generated in that county or
municipality be directed to the disposal area or areas is an
acceptable means of compliance with subsection (1), notwithstanding
that the ordinance, in the case of a county, has not been approved
by
the governor. This subsection applies only to ordinances adopted
by
the governing body of a county or municipality before February
8,
1988, and does not validate or
invalidate an ordinance adopted
on or after February 8, 1988 as an acceptable means of compliance
with subsection (1).
Sec.
11532. (1) Except as provided in subsection (3), (2), a
municipality
may impose an impact fee of not more than 10 30 cents
per
cubic yard ton on solid waste, including municipal solid waste
incinerator ash, that is disposed of in a landfill located within
the municipality that is utilized by the public and utilized to
dispose of solid waste collected from 2 or more persons. However,
if the landfill is located within a village, the impact fee
provided
for in this subsection shall be
imposed only by the
township
in pursuant to an agreement with the village. The An
impact fee shall be assessed uniformly on all wastes accepted for
disposal.
(2)
Except as provided in subsection (3), a municipality may
impose
an impact fee of not more than 10 cents per cubic yard on
municipal
solid waste incinerator ash that is disposed of in a
landfill
located within the municipality that is utilized to
dispose
of municipal solid waste incinerator ash. However, if the
landfill
is located within a village, the impact fee provided for
in
this subsection shall be imposed by the township in agreement
with
the village.
(2) (3)
A municipality may enter into an
agreement with the
owner or operator of a landfill to establish a higher impact fee
than
those provided for in subsections (1) and (2).subsection (1).
(3) (4)
The impact fees imposed under this
section shall be
collected by the owner or operator of a landfill and shall be paid
to the municipality quarterly by the thirtieth day after the end of
each calendar quarter. However, the impact fees allowed to be
assessed to each landfill under this section shall be reduced by
any amount of revenue paid to or available to the municipality from
the landfill under the terms of any preexisting agreements,
including,
but not limited to, contracts, special
use permit
conditions, court settlement agreement conditions, and trusts.
(4) (5)
Unless a trust fund is established
by a municipality
pursuant
to subsection (6), (5), the revenue collected by a
municipality
under subsections (1) and (2) pursuant
to subsection
(1)
shall be deposited in its general fund. to
be Subject to
subsection (8), the revenue shall be used for any purpose that
promotes the public health, safety, or welfare of the citizens of
the
municipality. However, revenue collected pursuant to this
section
shall not be used to bring or support a lawsuit or other
legal
action against an owner or operator of a landfill who is
collecting
an impact fee pursuant to subsection (4) unless the
owner
or operator of the landfill has instituted a lawsuit or other
legal
action against the municipality.
(5) (6)
The A municipality may establish a trust fund to
receive revenue collected pursuant to this section. The trust fund
shall be administered by a board of trustees. The board of trustees
shall
consist of the following members:
(a)
The chief elected official of the municipality. creating
the
trust fund.
(b) An individual from the municipality appointed by the
governing
board body of the municipality.
(c) An individual approved by the owners or operators of the
landfills within the municipality and appointed by the governing
board
body of the municipality.
(6) (7)
Individuals appointed to serve on
the board of
trustees
under subsection (6)(b) (5)(b)
and (c) shall serve for
terms of 2 years.
(7) (8)
Money Subject to subsection (8),
money in the a trust
fund under subsection (5) may be expended, pursuant to a majority
vote of the board of trustees, for any purpose that promotes the
public health, safety, or welfare of the citizens of the
municipality.
However, revenue
(8) Revenue collected pursuant to this section shall not be
used
to bring or support a lawsuit or other legal action against an
a
landfill owner or operator of a
landfill who that is collecting
an
impact fee pursuant to under
subsection (4) (3) unless
the owner
or operator of the landfill has instituted a lawsuit or other legal
action against the municipality.
Sec.
11533. (1) Each solid waste management plan shall include
an
enforceable program and process to assure that the nonhazardous
solid
waste generated or to be generated in the planning area for a
period
of 10 years or more is collected and recovered, processed,
or
disposed of at disposal areas that comply with state law and
rules
promulgated by the department governing location, design, and
operation
of the disposal areas. Each solid waste management plan
may
include an enforceable program and process to assure that only
items
authorized for disposal in a disposal area under this part
and
the rules promulgated under this part are disposed of in the
disposal
area.
(2)
An initial solid waste management plan shall be prepared
and
approved under this section and shall be submitted to the
director
not later than January 5, 1984. Following submittal of the
initial
plan, the solid waste management plan shall be reviewed and
updated
every 5 years. An updated solid waste management plan and
an
amendment to a solid waste management plan shall be prepared and
approved
as provided in this section and sections 11534, 11535,
11536,
11537, and 11537a. The solid waste management plan shall
encompass
all municipalities within the county. The solid waste
management
plan shall at a minimum comply with the requirements of
sections
11537a and 11538. The solid waste management plan shall
take
into consideration solid waste management plans in contiguous
counties
and existing local approved solid waste management plans
as
they relate to the county's needs. At a minimum, a county
preparing
a solid waste management plan shall consult with the
regional
planning agency from the beginning to the completion of
the
plan.
(3)
Not later than July 1, 1981, each county shall file with
the
department and with each municipality within the county on a
form
provided by the department, a notice of intent, indicating the
county's
intent to prepare a solid waste management plan or to
upgrade
an existing solid waste management plan. The notice shall
identify
the designated agency which shall be responsible for
preparing
the solid waste management plan.
(4)
If the county fails to file a notice of intent with the
department
within the prescribed time, the department immediately
shall
notify each municipality within the county and shall request
those
municipalities to prepare a solid waste management plan for
the
county and shall convene a meeting to discuss the plan
preparation.
Within 4 months following notification by the
department,
the municipalities shall decide by a majority vote of
the
municipalities in the county whether or not to file a notice of
intent
to prepare the solid waste management plan. Each
municipality
in the county shall have 1 vote. If a majority does
not
agree, then a notice of intent shall not be filed. The notice
shall
identify the designated agency which is responsible for
preparing
the solid waste management plan.
(5)
If the municipalities fail to file a notice of intent to
prepare
a solid waste management plan with the department within
the
prescribed time, the department shall request the appropriate
regional
solid waste management planning agency to prepare the
solid
waste management plan. The regional solid waste management
planning
agency shall respond within 90 days after the date of the
request.
(6)
If the regional solid waste management planning agency
declines
to prepare a solid waste management plan, the department
shall
prepare a solid waste management plan for the county and that
plan
shall be final.
(7)
A solid waste management planning agency, upon request of
the
department, shall submit a progress report in preparing its
solid
waste management plan.The
department may promulgate rules
that contain design and operational standards for solid waste
transporting units and materials management facilities or otherwise
implement this part. The rules may include standards for any of the
following:
(a) Hydrogeologic investigations.
(b) Monitoring.
(c) Liner materials.
(d) Leachate collection and treatment, if applicable.
(e) Groundwater separation distances.
(f) Environmental assessments.
(g) Methane gas control.
(h) Soil erosion.
(i) Sedimentation control.
(j) Groundwater and surface water quality.
(k) Noise and air pollution.
(l) The use of floodplains and wetlands.
SUBPART 6 INCINERATORS AND OPEN BURNING
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
establishes
that recycling and composting are not necessary or
feasible
or is only necessary or feasible to a limited extent.
(c)
A plan that proposes a recycling 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 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).
(2)
The director may promulgate rules as may be necessary to
implement
this section.The open burning
of yard waste or leaves is
prohibited in any municipality having a population of 7,500 or
more, unless specifically authorized by local ordinance. Within 30
days after adoption of such an ordinance, the clerk of the
municipality shall notify the department of its adoption.
(2) Subsection (1) does not permit a county or municipality to
authorize open burning of yard waste or leaves by an ordinance that
is prohibited under part 55 or rules promulgated under that part.
(3) A person shall not conduct open burning of household waste
that contains plastic, rubber, foam, chemically treated wood,
textiles, electronics, chemicals, or hazardous materials.
(4) Subpart 7 does not apply to an individual who violates
subsection (3) by open burning of waste from that individual's
household. The individual is responsible for a state civil
infraction and is subject to the following:
(a) For a first offense within a 3-year period, a warning by
the judge or magistrate.
(b) For a second offense within a 3-year period, a civil fine
of not more than $75.00.
(c) For a third offense within a 3-year period, a civil fine
of not more than $150.00.
(d) For a fourth or subsequent offense within a 3-year period,
a civil fine of not more than $300.00.
(5) Notwithstanding section 5512, the department shall not
promulgate or enforce a rule that extends the prohibition under
subsection (3) to materials not listed in subsection (3).
(6) Part 115, part 55, or rules promulgated under part 55 do
not prohibit a person from conducting open burning of wooden fruit
or vegetable storage bins constructed from untreated lumber if the
following requirements are met:
(a) The burning is conducted for disease or pest control.
(b) The burning is not conducted at any of the following
locations:
(i) Within a priority I area as listed in table 33 or a
priority II area as listed in table 34 of R 336.1331 of the
Michigan Administrative Code.
(ii) In a city or village.
(iii) Within 1,400 feet outside the boundary of a city or
village.
(7) Subsections (5) and (6) do not authorize open burning that
is prohibited by a local ordinance.
(8) A congressionally chartered patriotic organization that
disposes of an unserviceable flag of the United States by burning
that flag is not subject to regulation or santion for violating
state law or local ordinance pertaining to open burning.
Sec.
11540. (1) Not later than September 11, 1979, the
department
shall submit to the legislature rules that contain
sanitary
design and operational standards for solid waste
transporting
units and disposal areas and otherwise implement this
part.
The rules shall include standards for hydrogeologic
investigations;
monitoring; liner materials; leachate collection
and
treatment, if applicable; groundwater separation distances;
environmental
assessments; methane gas control; soil erosion;
sedimentation
control; groundwater and surface water quality; noise
and
air pollution; and the use of floodplains and wetlands.The
owner or operator of an incinerator may, but is not required to,
comply with the disposal area construction permit and operating
license requirements of subpart 2 if both of the following
conditions are met:
(a) Solid waste to be incinerated is managed in a properly
enclosed area in a manner that prevents fugitive dust, litter,
leachate generation, precipitation runoff, or any release of solid
waste to the air, soil, surface water, or groundwater.
(b) The incinerator has a permit issued under part 55.
(2) An incinerator that does not comply with the construction
permit and operating license requirements of subpart 2 as
authorized by subsection (1) is subject to the planning provisions
of part 115 and must be included in the county materials management
plan for the county in which the incinerator is located.
Sec.
11541. (1) The state solid waste management plan shall
consist
of the state solid waste plan and all county plans approved
or
prepared by the department.
(2)
The department shall consult and assist in the preparation
and
implementation of the county solid waste management plans.
(3)
The department may undertake or contract for studies or
reports
necessary or useful in the preparation of the state solid
waste
management plan.
(4)
The department shall promote policies that encourage
resource
recovery and establishment of waste-to-energy
facilities.Within 9 months after the completion of
construction of
a municipal solid waste incinerator, the owner or operator shall
submit a plan to the department for a program that, to the extent
practicable, reduces the incineration of noncombustible materials
and dangerous combustible materials and their hazardous by-products
at the incinerator. Within 30 days after receiving the plan, the
department shall approve or disapprove the plan and notify the
owner or operator in writing. In reviewing the plan, the department
shall consider the current materials management plan for the
planning area where the incinerator is located and available
markets, disposal alternatives, and collection practices for the
managed materials. If the department disapproves a plan, the notice
shall specify the reasons for disapproval. If the department
disapproves the plan, the owner or operator shall within 30 days
after receipt of the department's disapproval submit a revised plan
that addresses all of the reasons for disapproval specified by the
department. The department shall approve or disapprove the revised
plan within 30 days after receiving the revised plan and notify the
owner or operator in writing. If the department disapproves the
revised plan, the notice shall specify the reasons for disapproval.
If the department disapproves the revised plan, the department may
continue with the approval process under this subsection or take
appropriate enforcement action.
(2) Not later than 6 months after the approval of the plan by
the department under subsection (1), the owner or operator shall
implement the plan in compliance with the implementation schedule
set forth in the plan. The operation of a municipal solid waste
incinerator without an approved plan under this section subjects
the owner or operator, or both, to the sanctions provided by this
part.
SUBPART 7 ENFORCEMENT
Sec. 11546. (1) The department or a local health officer may
request that the attorney general bring an action in the name of
the
people of the this state, or a municipality or county may bring
an action based on facts arising within its boundaries, for any
appropriate relief, including injunctive relief, for a violation of
this
part or rules promulgated under this part 115.
(2) In addition to any other relief provided by this section,
the
court may impose on any person who violates any provision of
this
part or rules promulgated under this part or who fails to
comply
with any permit, license, or final order issued pursuant to
this
part 115 a civil fine as follows:
(a)
Except as provided in subdivision (b), a civil fine of not
more than $10,000.00 for each day of violation.
(b)
For a second or subsequent violation, a civil fine of not
more than $25,000.00 for each day of violation.
(3) In addition to any other relief provided by this section,
the
court may order a person who violates this part or the rules
promulgated
under this part 115 to
restore, or to pay to the this
state an amount equal to the cost of restoring, the natural
resources of this state affected by the violation to their original
condition
before the violation, and to pay to the this state the
costs
of surveillance and enforcement incurred by the this state
as
a result of the violation.
(4) In addition to any other relief provided by this section,
the court shall order a person who violates section 11526e to
return,
or to pay to the this state an amount equal to the cost of
returning, the solid waste that is the subject of the violation to
the country in which that waste was generated.
(5)
This part Part 115 does not preclude any person from
commencing
a civil action based on facts that may also constitute a
violation
of this part or the rules promulgated under this
part.part 115.
Sec.
11549. (1) A person who violates this part, a rule
promulgated
under this part, or a condition of a permit, license,
or
final order issued pursuant to this part
115 is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00 for
each violation and costs of prosecution and, if in default of
payment of fine and costs, imprisonment for not more than 6 months.
(2) A person who knowingly violates section 11526e is guilty
of a felony punishable by imprisonment for not more than 2 years or
a fine of not more than $5,000.00, or both.
(3) Each day upon which a violation described in this section
occurs is a separate offense.
SUBPART 8 FUND AND GRANTS
Sec. 11550. (1) The solid waste management fund is created
within the state treasury. The state treasurer may receive money
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments. The
department shall be the administrator of the fund for auditing
purposes.
(2) Money in the solid waste management fund at the close of
the fiscal year shall remain in the fund and shall not lapse to the
general fund.
(3) The state treasurer shall establish, within the solid
waste
management fund, a solid waste staff account, and a perpetual
care account, and a grant account.
(4) Money shall be expended from the solid waste staff
account, upon appropriation, only for the following purposes:
(a) Preparing generally applicable guidance regarding the
solid
waste permit and license materials
management facility
program or its implementation or enforcement.
(b) Reviewing and acting on any notification, registration,
application for approval under a general permit, application for a
permit or license, permit or license revision, or permit or license
renewal, including the cost of public notice and public hearings.
(c)
Performing Providing an advisory analysis under section
11510(1).
(d) General administrative costs of running the permit and
license, registration, and notification program, including permit
and license, registration, and notification tracking and data
entry.
(e)
Inspection of licensed disposal areas materials management
facilities and open dumps.
(f) Implementing and enforcing the conditions of any permit,
or
license, approval under a general permit, registration,
or
order.
(g)
Groundwater monitoring audits at disposal areas which that
are
or have been licensed under this part 115 or at any other
materials management facility that requires groundwater monitoring
because of a release or suspected release.
(h) Reviewing and acting upon corrective action plans for
disposal
areas which are or have been licensed materials management
facilities
under this part 115.
(i) Review of certifications of closure.
(j) Postclosure maintenance and monitoring inspections and
review.
(k) Review of bonds and financial assurance documentation at
disposal
areas which are or have been licensed materials management
facilities,
if required under this part 115.
(l) Materials management planning.
(m) Materials utilization education and outreach.
(n) Development of a materials utilization and recycled
materials market directory.
(o) Administration of grants and loans under part 115 for
planning, market development and recycling infrastructure,
outreach, and education.
(p) Up to 1 full-time equivalent employee for the Michigan
economic development corporation to address recycled materials
market development.
(5) Money shall be expended from the perpetual care account,
upon
appropriation, only for the purpose
of conducting the
following
activities at disposal areas which are or have been
licensed
under this part materials
management facilities for which
the requirements of section 11508(1)(a) are or were met and for
which fees have been collected and deposited into the perpetual
care account:
(a)
Postclosure To conduct
postclosure maintenance and
monitoring
at a disposal area where materials
management facility
if the owner or operator is no longer required to do so.
(b) To conduct closure, or postclosure maintenance and
monitoring
and corrective action if necessary, at a disposal area
where
materials management facility
if the owner or operator has
failed to do so. Money shall be expended from the account only
after
funds from any perpetual care fund or other financial
assurance mechanisms held by the owner or operator have been
expended
and the department has used made
reasonable efforts to
obtain funding from other sources.
(6) Money shall be expended from the grant account, upon
appropriation, only for the following purposes:
(a) The recycling markets program established under subsection
(7).
(b) The local recycling innovation program established under
subsection (8).
(c) The recycling access and voluntary participation program
established under subsection (9).
(d) Costs incurred by the department in administering the
programs listed in subdivisions (a) to (c).
(7) The department shall establish a recycling markets
program. The program shall provide grants or loans for purchasing
equipment, research and development, or associated activities to
provide for new or increased use of recycled materials or to
support the development of recycling markets. Local units of
government and nonprofit and for-profit entities are eligible for
funding under the program. The funding is not limited to entities
in counties with approved materials management plans. In addition
to any other reporting requirements established by the department,
grant recipients under the program shall provide information on the
materials managed.
(8) The department shall establish a local recycling
innovation program. The program shall provide grants or loans for
developing local recycling infrastructure, for recycling education
campaigns for residents and businesses, for other activities that
result in increasing recycling access and participation, for
reducing waste, and for sustainable materials management. Local
units of government and nonprofit and for-profit entities are
eligible for funding under the program. The funding is not limited
to entities in counties with approved materials management plans.
In addition to any other reporting requirements established by the
department, grant recipients under the program shall provide the
department information on the materials managed.
(9) The department shall establish a recycling access and
voluntary participation program. The program shall provide grants
or loans to assist local units of government in implementing best
materials utilization practices and identifying ways to innovate
and to collaborate with other local units and the private sector.
To be eligible for a grant, a local unit of government must be a
county that meets, or a municipality located within a county that
meets, both of the following requirements:
(a) Has a materials management plan.
(b) Has documented progress toward meeting or has met its
materials utilization goals and benchmark recycling standards.
(10) The department shall publish and make available to grant
and loan applicants criteria upon which the grants and loans will
be made.
(11) (6)
By March 1 annually, the department
shall prepare and
submit to the governor, the legislature, the chairs of the standing
committees of the senate and house of representatives with primary
responsibility for issues related to natural resources and the
environment, and the chairs of the subcommittees of the senate and
house appropriations committees with primary responsibility for
appropriations to the department a report that details the
activities of the previous fiscal year funded by the staff account
of
the solid waste management fund. established in this section.
This
report shall include, at a minimum, all of the following as it
relates to the department:
(a) The number of full-time equated positions performing solid
waste
management permitting, authorizations,
compliance, and
enforcement activities.
(b)
All of the The following information related to the
construction permit applications received under section 11509:
(i) The number of applications received by the department,
reported as the number of applications determined to be
administratively incomplete and the number determined to be
administratively complete.
(ii) The number of applications determined to be
administratively complete for which a final action was taken by the
department. The number of final actions shall be reported as the
number of applications approved, the number of applications denied,
and the number of applications withdrawn by the applicant.
(iii) The percentage and number of applications determined to
be administratively complete for which a final decision was made
within
120 days of receipt as the
period required by section
11511.part 13.
(c)
All of the The following information related to the
operating license applications received under section 11512:
(i) The number of applications received by the department,
reported as the number of applications determined to be
administratively incomplete and the number determined to be
administratively complete.
(ii) The number of applications determined to be
administratively complete for which a final action was taken by the
department. The number of final actions shall be reported as the
number of applications approved, the number of applications denied,
and the number of applications withdrawn by the applicant.
(iii) The percentage and number of applications determined to
be administratively complete for which a final decision was made
within
90 days of receipt as the
period required by section
11516.part 13.
(d) The number of inspections conducted at licensed disposal
areas as required by section 11519.
(e) The number of letters of warning sent to licensed disposal
areas.
(f) The number of contested case hearings and civil actions
initiated and completed, the number of voluntary consent orders and
administrative orders entered or issued, and the amount of fines
and penalties collected through such actions or orders.
(g) For each enforcement action that includes a penalty, a
description
of what the corrective actions that were required by
the enforcement action.
(h) The number of solid waste complaints received,
investigated, resolved, and not resolved by the department.
(i) The amount of revenue in the staff account of the solid
waste management fund at the end of the fiscal year.
SUBPART 9 BENEFICIAL USE BY-PRODUCTS
Sec.
11553. (1) Consistent with the requirements of this part
115, the department shall apply this section so as to promote and
foster the use of wastes and by-products for recycling or
beneficial purposes.
(2) Any person may request the department, consistent with the
definitions
and other terms of this part
115, to approve a
material, a use, or a material and use as a source separated
material; a beneficial use by-product for beneficial use 1, 2, 4,
or 5; an inert material; a low-hazard industrial waste;
nondetrimental material managed for agricultural or silvicultural
use; or another material, use, or material and use that can be
approved under this part. Among other things, a person may request
the
department to approve a use that does not qualify as meet the
definition
of beneficial use 2 under section 11502(4)(a)
11502(8)(a) because the property is not nonresidential property or
under
section 11502(4)(a), 11502(8)(a),
(b), or (c) because the
material exceeds 4 feet in thickness. A request under this
subsection shall be in writing and contain a description of the
material including the process generating it; results of analyses
of representative samples of the material for any hazardous
substances that the person has knowledge or reason to believe could
be present in the material, based on its source, its composition,
or the process that generated it; and, if applicable, a description
of the proposed use. The analysis and sampling of the material
under this subsection shall be consistent with the methods
contained
in the EPA document entitled "test methods for the
evaluation
of solid waste, physical/chemical methods," "Test
Methods for the Evaluation of Solid Waste, Physical/Chemical
Methods,"
SW 846 3rd edition; Revision 8, July 2014, Update V; 1 or
more peer-reviewed standards developed by a national or
international
organization, such as ASTM international;
International; or 1 or more standards or methods approved by the
department or the EPA. The department shall approve or deny the
request in writing within 150 days after the request is received,
unless the parties agree to an extension. If the department
determines that the request does not include sufficient
information, the department shall, not more than 60 days after
receipt of the request, notify the requester. The notice shall
specify the additional information that is required. The 150-day
period is tolled until the requestor submits the information
specified in the notice. If the department approves a request under
this subsection, the approval shall include the following
statement: "This approval does not require any use of any
beneficial use by-product by a governmental entity or any other
person." The department may impose conditions and other
requirements
consistent with the purposes of this part 115 on a
material, a use, or a material and use approved under this section
that are reasonably necessary for the use. If a request is approved
with conditions or other requirements, the approval shall
specifically state the conditions or other requirements. If the
request is denied, the department's denial shall, to the extent
practical, state with specificity all of the reasons for denial. If
the department fails to approve or deny the request within the 150-
day period, the request is considered approved. A person requesting
approval under this subsection may seek review of any final
department decision pursuant to section 631 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.631.
(3) The department shall approve a material for a specified
use
as a beneficial use by-product if all of the following
requirements are met:
(a) The material is an industrial or commercial material that
is or has the potential to be generated in high volumes.
(b) The proposed use serves a legitimate beneficial purpose
other than providing a means to discard the material.
(c) A market exists for the material or there is a reasonable
potential for the creation of a new market for the material if it
is
approved as a beneficial use by-product.
(d) The material and use meet all federal and state consumer
protection and product safety laws and regulations.
(e)
The material meets all of the following requirements:
(i) Hazardous substances in the material do not pose a direct
contact health hazard to humans.
(ii) The material does not leach, decompose, or dissolve in a
way that forms an unacceptably contaminated leachate. An
unacceptably
contaminated leachate is one leachate
that exceeds
either part 201 generic residential groundwater drinking water
criteria or surface water quality standards established under part
31.
(iii) The material does not produce emissions that violate
part 55 or that create a nuisance.
(4) The department may approve a material for a specified use
as a beneficial use by-product or as restricted use compost if the
material meets the requirements of subsection (3)(a), (b), (c), and
(d) but fails to meet the requirements of subsection (3)(e) and if
the department determines that the material and use are protective
of the public health and environment. In making the determination,
the department shall consider the potential for exposure and risk
to human health and the environment given the nature of the
material, its proposed use, and the environmental fate and
transport of any hazardous substances in the material in soil,
groundwater, or other relevant media.
(5) The department shall approve a material as inert or as
general
use compost if all of the
following requirements are met:
(a) The material is proposed to be used for a legitimate
purpose other than a means to dispose of the material.
(b) Hazardous substances in the material do not pose a direct
contact health hazard to humans.
(c) The material does not leach, decompose, or dissolve in a
way that forms an unacceptably contaminated leachate upon contact
with water or other liquids likely to be found at the area of
placement, disposal, or use. An unacceptably contaminated leachate
is leachate that exceeds part 201 generic residential groundwater
drinking water criteria or surface water quality standards
established under part 31.
(d) The material does not produce emissions that violate part
55 or that create a nuisance.
(6) The department may approve a material as inert if the
material meets the requirements of subsection (5)(a) but fails to
meet the requirements of subsection (5)(b), (c), or (d) and if the
department determines that the material is protective of the public
health and environment. In making the determination, the department
shall consider the potential for exposure and risk to human health
and the environment given the nature of the material, its proposed
use, and the environmental fate and transport of any hazardous
substances in the material in soil, groundwater, or other relevant
media.
(7) The department shall approve a material as a low-hazard
industrial waste if hazardous substances in representative samples
of the material do not leach, using, at the option of the
generator, EPA method 1311, 1312, or any other method approved by
the department that more accurately simulates mobility, above the
higher of the following:
(a) One-tenth the hazardous waste toxicity characteristic
threshold as set forth in rules promulgated under part 111.
(b) Ten times the generic residential groundwater drinking
water cleanup criteria as set forth in rules promulgated under part
201.
(8) The department shall approve a material as a source
separated material if the person who seeks the designation
demonstrates that the material can be recycled or converted into
raw materials or new products by being returned to the original
process from which it was generated, by use or reuse as an
ingredient in an industrial process to make a product, or by use or
reuse as an effective substitute for a commercial product. To
qualify as a source separated material, the material, product, or
reuse must meet all federal and state consumer protection and
product safety laws and regulations and must not create a nuisance.
If
a material will be applied to or placed on the land, or will be
used
to produce products that are applied to or placed on the land,
the material must qualify as an inert material or beneficial use
by-product.
(9)
Any written determination by the department made prior to
the
effective date of the amendatory act that added this section
before September 16, 2014, designating a material as an inert
material, an inert material appropriate for general reuse, an inert
material appropriate for reuse at a specific location, an inert
material appropriate for specific reuse instead of virgin material,
a
source separated material, a site separated material, a low-
hazard industrial waste, or a non-solid-waste material remains in
effect according to its terms or until forfeited in writing by the
person who received the determination. Upon termination,
expiration, or forfeiture of the written determination, the current
requirements
of this part 115 control. The amendments made to this
part
by the amendatory act that added this section 2014 PA 178 do
not rescind, invalidate, limit, or modify any such prior
determination in any way.
SUBPART 10 MATERIALS UTILIZATION FACILITIES
Sec. 11555. (1) Compostable material shall be managed by 1 of
the following means:
(a) Composted on the property where the compostable material
is generated.
(b) If yard waste, temporarily accumulated under subsection
(2).
(c) Composted at a composting facility where the quantity of
compostable material, bulking agents, and compost does not exceed
500 cubic yards and does not create a nuisance.
(d) Composted at a small composting facility for which
notification has been given under section 11568(3), when
applicable.
(e) Composted on a farm as described by subsection (3).
(f) Composted at a medium composting facility registered under
section 11568(3), when applicable.
(g) Composted at any of the following that has received
approval under a general permit under section 11568(3), when
applicable:
(i) A large composting facility.
(ii) A class 1 composting facility.
(iii) A class 2 composting facility.
(h) Decomposed in a controlled manner using a closed container
to create and maintain anaerobic conditions if in compliance with
part 55 and otherwise approved by the department under part 115.
(i) Composted and used as part of normal operations by a type
II landfill if the landfill reports annually the cubic yards of
compost managed and the composting and use meet the following
requirements:
(i) Take place on property described in the landfill
construction permit.
(ii) Are described in and consistent with the landfill
operations plans.
(iii) Are otherwise in compliance with this act.
(j) Disposed of in a landfill or an incinerator. This
subdivision applies to yard waste only if the following
requirements are met:
(i) The yard waste is diseased or infested, is composed of
invasive plants, such as garlic mustard, purple loosestrife, or
spotted knapweed, that were collected through an eradication or
control program, or is a state or federal controlled substance.
(ii) The yard waste includes no more than a de minimis amount
of yard waste other than that described in subparagraph (i).
(iii) If the yard waste is composted, use of the compost may
contribute to the spread of the disease or infestation or of viable
invasive plant or controlled substance seeds or other propagules.
(2) A person may temporarily accumulate yard waste under
subsection (1)(a) at a site not designed for composting if the
following requirements are met:
(a) The accumulation does not create a nuisance or result in a
violation of this act.
(b) The yard waste is not mixed with other compostable
materials.
(c) No more than 1,000 cubic yards are placed on-site unless a
greater volume is approved by the department.
(d) Yard waste placed on-site on or after April 1 but before
December 1 is moved to another location and managed as provided in
subsection (1) within 30 days after being placed on-site. The
department may approve a longer time period based on a
demonstration that additional time is necessary.
(e) Yard waste placed on-site on or after December 1 but
before the next April 1 is moved to another location and managed as
provided in subsection (1) by the next April 1 after the yard waste
is placed on-site.
(f) The owner or operator of the site maintains and makes
available to the department records necessary to demonstrate that
the requirements of this subsection are met.
(g) The owner or operator of the site annually notifies the
department that it is a temporary yard waste accumulation site.
(3) A person may compost class 1 compostable material on a
farm under subsection (1)(a) if the following requirements are met:
(a) The compost is used on the farm.
(b) The composting does not result in a violation of this act
and is done in compliance with GAAMPS under the Michigan right to
farm act, 1981 PA 93, MCL 286.471 to 286.474.
(c) Any of the following apply:
(i) Only class 1 compostable material that is generated on the
farm and does not contain paper products, dead animals, or
compostable products is composted.
(ii) There is not more than 5,000 cubic yards of class 1
compostable material on the farm at any time.
(iii) If there is more than 5,000 cubic yards of class 1
compostable material on the farm at any time, all of the following
requirements are met:
(A) The farm operation accepts class 1 compostable material
only to assist in management of waste material generated by the
farm operation or to supply the nutrient needs of the farm as
determined by a certified crop advisor, Michigan agriculture
environmental assurance program technician, comprehensive nutrient
management plan writer, licensed professional engineer, or staff of
the department of agriculture and rural development who administer
the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(B) The farm operation does not accept compostable material
generated at a location other than the farm for monetary or other
valuable consideration.
(C) The owner or operator of the farm registers with the
department of agriculture and rural development on a form and in a
format provided by the department of agriculture and rural
development and certifies that the farm operation meets and will
continue to meet the requirements of sub-subparagraphs (A) and (B).
(4) The owner or operator of a composting facility that is
subject to a requirement for notification, registration, or
approval under a general permit under section 11568(3) shall meet
the following requirements, as applicable:
(a) If the site is a small composting facility, the site is
operated in compliance with the following location conditions:
(i) If the site is in operation on December 1, 2007, the
management or storage of compost, compostable material, and
residuals does not expand from its location on that date to an area
that is within the following distances from any of the following
features:
(A) 50 feet from a property line.
(B) 200 feet from a residence.
(C) 100 feet from a body of surface water, including a lake,
stream, or wetland.
(ii) If the site begins operation after December 1, 2007, the
management or storage of compost, compostable material, and
residuals occurs in an area that is not in the 100-year floodplain
and is at least the following distances from each of the following
features:
(A) 50 feet from a property line.
(B) 200 feet from a residence.
(C) 100 feet from a body of surface water, including a lake,
stream, or wetland.
(D) 2,000 feet from a type I or type IIa water supply well.
(E) 800 feet from a type IIb or type III water supply well.
(F) 500 feet from a church or other house of worship,
hospital, nursing home, licensed day care center, or school, other
than a home school.
(G) 4 feet above groundwater.
A local unit of government may impose location restrictions that
are more restrictive than those in subparagraphs (i) and (ii) but
not so restrictive that a facility that meets the requirements of
the siting process in the materials management plan cannot be
established.
(b) Composting and management of the site occurs in a manner
that meets the following requirements:
(i) Does not result in an accumulation of compostable material
for a period of over 3 years unless the site has the capacity to
compost the compostable material and the owner or operator of the
site can demonstrate, beginning in the third year of operation and
each year thereafter, unless a longer time is approved by the
department, that the amount of compostable material and compost
that is transferred off-site in a calendar year is not less than
75% by weight or volume, accounting for natural volume reduction,
of the amount of compostable material and compost that was on-site
at the beginning of the calendar year.
(ii) Results in finished compost with not more than 1%, by
weight, of foreign matter that will remain on a 4-millimeter
screen.
(iii) If yard waste is collected in bags other than paper bags
or compostable bags meeting ASTM D6400 "Standard Specification for
Compostable Plastics", by ASTM International, debags the yard waste
by the end of each business day.
(iv) Prevents the pooling of water by maintaining proper
slopes and grades.
(v) Properly manages compost wastewater and stormwater runoff
in compliance with part 31.
(vi) Does not attract or harbor rodents or other vectors.
(c) The owner or operator maintains, and makes available to
the department, the following records:
(i) Records identifying the volume of other compostable
material accepted by the facility each month, the volume of
compostable material and of compost transferred off-site each
month, and the volume of compostable material on-site on October 1
each year.
(ii) Records demonstrating that the composting is being
performed in a manner that prevents nuisances and minimizes
anaerobic conditions. Unless otherwise provided by the department,
these records shall include carbon-to-nitrogen ratios, the amount
of leaves and the amount of grass in tons or cubic yards,
temperature readings, moisture content readings, and lab analysis
of finished compost products.
(5) A site at which compostable material is managed in
compliance with this section, other than a site described in
subsection (1)(i) or (j), is not a disposal area, notwithstanding
the definition of that term in section 11503.
(6) The department shall maintain and post on its website a
list of composting facilities in compliance with this section.
Except as provided in section 11514, a hauler shall not deliver
yard waste to a site that is not on the list.
Sec. 11556. (1) A person who composts class 1 compostable
material shall do so at 1 of the following:
(a) A class 1 composting facility.
(b) A small or medium composting facility that meets the
conditions of section 11555(4) if the total volume of class 1
compostable material other than yard waste is equally distributed
and does not exceed 5% for a small composting facility, or 10% for
a medium composting facility, of the total volume of compostable
material on-site or a greater percentage if approved by the
department.
(c) At a site described in section 11555(1)(c).
(2) Class 1 compostable material is considered to be source
separated for conversion into compost if the class 1 compostable
material is composted at a site that is described in and meets the
requirements of section 11555(4) or section 11557(2).
(3) Composting of class 2 compostable material shall be done
at a class 2 composting facility. Class 2 compostable material is
considered to be source separated for conversion into compost if
the class 2 compostable material is composted at a class 2
composting facility.
(4) Composting of dead animals using bulking agents as defined
in section 3 of the bodies of dead animals act, 1982 PA 239, MCL
287.653, at a farm or slaughtering facility is subject to part 115
if any of the following apply:
(a) The farm maintains more than 5,000 cubic yards of bulking
agents from a source other than the farm.
(b) The slaughtering facility, for composting purposes,
maintains on-site more than 5,000 cubic yards of bulking agents as
defined in section 3 of the bodies of dead animals act, 1982 PA
239, MCL 287.653.
(c) The facility manages dead animals from more than 1 farm or
slaughtering facility.
Sec. 11557. (1) The location at a medium or large composting
facility, or a class 1 or class 2 composting facility, where class
1 and class 2 compostable material, finished compost, and residuals
were managed and stored on the effective date of the amendatory act
that added this section shall not be expanded to an area that is
within the following distances from any of the following features:
(a) 100 feet from a property line.
(b) 300 feet from a residence.
(c) 200 feet from a body of surface water, including a lake,
stream, or wetland.
(2) If a medium or large composting facility or a class 1 or 2
composting facility begins operation after the effective date of
the amendatory act that added this section, the management and
storage of class 1 and class 2 compostable material, compost, and
residuals shall not occur in a wetland or floodplain, or in an area
that is within the following distances from any of the following
features:
(a) 100 feet from a property line.
(b) 300 feet from a residence.
(c) 200 feet from a body of surface water, including a lake,
stream, or wetland.
(d) 2,000 feet from a type I or type IIa water supply well.
(e) 800 feet from a type IIb or type III water supply well.
(f) 4 feet above groundwater.
(3) Not later than 90 days after the establishment of a new
class 1 or class 2 composting facility or the expansion of the
location at a class 1 composting facility where class 1 compostable
material, finished compost, and residuals were managed and stored
on the effective date of the amendatory act that added this
section, the owner or operator of the composting facility shall, if
the composting facility is located within 5 miles of the end of an
airport runway that is used by turbojet or piston type aircraft,
notify in writing the affected airport and the Federal Aviation
Administration.
Sec. 11558. (1) The owner or operator of a large composting
facility that composts only yard waste or of a class 1 or class 2
composting facility shall develop and submit to the department the
following items:
(a) A site map.
(b) An operations plan.
(c) An odor management plan.
(d) A marketing plan.
(e) A training plan.
(f) A fire prevention plan.
(g) A facility closure plan.
(2) The owner or operator of a composting facility described
in subsection (1) shall, based on the volume of material managed,
do 1 of the following:
(a) Within 1 year after the effective date of the amendatory
act that added this section, submit to the department a complete
application for registration. The term of the registration is 5
years.
(b) Within 2 years after the effective date of the amendatory
act that added this section, submit to the department a complete
application for approval under a general permit. The term of
approval under the general permit is 5 years.
(3) The owner or operator of a large composting facility shall
ensure that the following requirements are met:
(a) Finished compost is tested in compliance with section
11564.
(b) The compostable material is not stored in a manner
constituting speculative accumulation. The owner or operator of the
large composting facility shall maintain and make available to the
department records to demonstrate compliance with this requirement.
(c) Composting does not result in standing water or attract or
harbor rodents or other vectors.
(d) Unless approved by the department, the composting
operations do not result in more than the following volume on any
acre:
(i) 5,000 cubic yards of compostable material, finished
compost, compost additives, or screening rejects or any combination
thereof.
(ii) 10,000 cubic yards of compostable material if the site is
using forced air static pile composting.
(e) The composting facility complies with wellhead protection
programs.
Sec. 11559. (1) A person shall not establish or operate a
class 2 composting facility without approval under a general
permit.
(2) The application for approval under subsection (1) shall
include the location of the composting operation and the type and
the amount of materials to be composted.
(3) When evaluating an application for approval to compost
class 2 compostable material at a class 2 composting facility, the
department shall consider the following:
(a) The applicable location restrictions in section 11557.
(b) The applicable composting facility requirements in section
11558.
(c) The classification of the compostable material and
finished compost as established under sections 11562 and 11563.
(4) The department shall make a final decision on an
application for a class 2 composting facility within 90 days after
receiving a complete application. The term of the general permit
approval to compost class 2 compostable material at a class 2
composting facility is 5 years. The approval may be renewed upon
the submittal of a timely and sufficient application. To be
considered timely and sufficient for purposes of section 91 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.291, an
application for renewal of an approval under a general permit shall
meet the following requirements:
(a) Contain the information described in subsection (2).
(b) Be received by the department not later than 90 days
before the expiration of the preceding approval.
(5) Class 2 compostable material shall be separated out from
other solid waste and maintained separately until used to produce
compost unless otherwise authorized by the department.
Sec. 11560. The owner or operator of a composting facility
that is required to notify or register under part 115 or that is
approved under a general permit shall, within 45 days after the end
of each state fiscal year, report to the department the following
information for that fiscal year:
(a) The amount of compostable material brought to the site by
planning area of origin.
(b) The amount of finished compost removed from the site.
(c) The volume of residuals removed from the site.
(d) The total amount of compostable material, compost, and
residuals on-site at the end of the fiscal year.
Sec. 11561. (1) A person shall not use compost produced from
class 2 compostable material unless the department approves the
class 2 compostable material as appropriate for the use under part
115.
(2) A person shall not separate a waste for use as compostable
material unless the person has filed a petition under R 299.4118a
of the Michigan Administrative Code and obtained approval from the
department. To characterize the finished compost, the petitioner
shall include the following information in the petition, in
addition to the information required in R 299.4118a:
(a) The type of waste and its potential for creating a
nuisance or environmental contamination.
(b) The time required for compost to reach maturity, as
determined by a reduction of organic matter content during
composting. Organic matter content shall be determined by measuring
the volatile residues content using a method that is approved by
the department or EPA method 160.4, contained in the publication
entitled "Methods for Chemical Analysis of Water and Waste," EPA-
600, Revision 8, July 2014, Update V.
(c) The foreign matter content of finished compost. The
foreign matter content shall be determined as follows:
(i) A weighed sample of the finished compost is sifted through
a 4.0-millimeter screen.
(ii) The foreign matter remaining on the screen is separated
and weighed.
(iii) The weight of the separated foreign matter is divided by
the weight of the finished compost.
(iv) The quotient under subparagraph (iii) is multiplied by
100.
(d) Particle size, as determined by sieve analysis.
(3) The department shall approve a material for use as
compostable material if the person who proposes the use
demonstrates the following:
(a) The material has or will be converted to compost under
controlled conditions at a class 2 composting facility.
(b) The material will not be a source of environmental
contamination or cause a nuisance.
(c) The end user will be given written instructions on the
proper use of the finished compost.
Sec. 11562. (1) A person may petition the department to do any
of the following:
(a) Classify a solid waste, a class 2 compostable material, or
a combination of class 1 compostable material and class 2
compostable material, as a class 1 compostable material.
(b) Classify compost produced from solid waste, class 2
compostable material, or a combination of class 1 compostable
material and class 2 compostable material, as general use compost.
(2) A petition under subsection (1) shall meet the
requirements of R 299.4118a of the Michigan Administrative Code. If
authorized by the department in writing, a person may conduct a
pilot composting project to support a petition under subsection
(1).
(3) In granting a petition under subsection (1), the
department shall specify which parameters listed in section 11565
shall be tested under subsection (4). The department's decision
shall be based on both of the following:
(a) The difference between the concentration of a given
parameter in the compost and the criteria for that parameter in
section 11553(5).
(b) The variability of the results among the samples.
(4) If a material is classified as a class 1 compostable
material by the department based on the petition under subsection
(1), the operator shall test compost produced from the class 1
compostable material when the following apply:
(a) There is a significant change in the process that
generated the compost.
(b) The change has the potential to alter the classification
of the finished compost as general use compost under section
11553(5).
(5) If any finished compost produced from the class 2
compostable material that has been classified as a general use
compost fails to meet the requirements for a general use compost
under section 11553(5), the following apply:
(a) The finished compost is reclassified as a restricted use
compost.
(b) The owner or operator of the composting facility shall
notify the department within 10 business days after receipt of
information that the finished compost no longer meets the criteria
to be classified as general use compost, and shall do 1 of the
following with the finished compost:
(i) Dispose of the remaining finished compost at a properly
licensed landfill.
(ii) Stockpile the finished compost on-site until the
generator re-petitions the department and the department
reclassifies the compost as provided in this section.
(iii) Use the finished compost for a specified use if approved
for that specified use under section 11553(4).
(6) If finished compost produced by a composing facility is
restricted use compost, the owner or operator of the composting
facility shall comply with the following:
(a) Retest the finished compost in compliance with this
section not less than annually, or biennially if the department has
determined that the test results demonstrate insignificant
variability over a 2-year period, using the procedures specified in
this section. The owner or operator shall submit the test results
to the department. The department shall specify a more frequent
schedule for testing if the characteristics of the material vary
significantly.
(b) If the owner or operator of the composting facility
receives information that test results vary greatly from previous
test results, the owner or operator shall notify the department
within 10 business days and do 1 of the following with the finished
compost:
(i) Dispose of the finished compost at a properly licensed
landfill.
(ii) Stockpile the finished compost on-site until the
generator re-petitions the department and the department
reclassifies the compost under this section.
(iii) Use the finished compost for a use specified by the
department under section 11553(3).
Sec. 11563. (1) General use compost offered for sale shall be
accompanied by a label, in the case of bagged compost, or an
information sheet in the case of bulk sales. The label or
information sheet shall contain the following information:
(a) The name and generator of the compost.
(b) The feedstock and bulking agents used to produce the
compost.
(c) Use instructions, including application rates and any
restrictions on use.
(d) If the compost is marketed as a fertilizer, micronutrient,
or soil conditioner, the label shall list the applicable parameters
under section 11565 and shall include a statement indicating that
the person offering the compost for sale is in compliance with the
applicable requirements of part 85. The person offering the compost
for sale shall indicate on the label the person's license number
under part 85, if applicable.
(e) If the compost is marketed as a liming material, the label
shall list the applicable parameters under section 11565 and shall
include a statement indicating that the generator of the compost is
in compliance with the applicable requirements of 1955 PA 162, MCL
290.531 to 290.538. The generator shall indicate on the label the
liming license number.
(f) A statement indicating how the user of the compost can
obtain the results of all testing, including test parameters and
concentration levels.
(2) Restricted use compost shall be managed as provided in any
of the following:
(a) Disposed of at a properly licensed landfill.
(b) Stockpiled on-site until the generator petitions the
department under section 11562 and the department reclassifies the
compost as provided in that section.
(c) Used for a use specified by the department under section
11553(3).
(d) If offered for sale, accompanied by a label, in the case
of bagged compost, or an information sheet in the case of bulk
sales. The label or information sheet shall contain both of the
following:
(i) The information required by subsection (1).
(ii) A statement that the compost has been approved for use by
this state and further indicating how the user of the compost may
obtain the results of all testing including test parameters,
concentration levels, and the applicable standards.
(3) The department may impose conditions for use of restricted
use compost to ensure the protection of the public health, safety,
or welfare, or the environment.
Sec. 11564. (1) The following sites shall test their finished
compost in compliance with the US Composting Council's Seal of
Testing Assurance, unless the department has approved an alternate
procedure:
(a) Class 1 composting facilities that only manage yard waste
and that produce over 10,000 cubic yards of finished compost per
year. The finished compost shall be analyzed for the general use
parameters identified in section 11565.
(b) Class 1 composting facilities that produce over 2,000
cubic yards of finished compost per year. The finished compost
shall be analyzed for the parameters listed in section 11565.
(c) All class 2 composting facilities. The finished compost
shall be analyzed for the parameters listed in section 11565 and,
if the compost is produced from class 2 compostable material, other
parameters identified in the facility's general permit.
(2) All sites not listed in subsection (1) shall test at least
1 sample of finished compost per 4,000 cubic yards or 2,000 tons
per year for the parameters listed in section 11565, unless the
department has approved an alternate procedure.
Sec. 11565. The following are general use parameters for
compost:
(a) pH.
(b) Carbon-to-nitrogen ratio.
(c) Soluble salts.
(d) Total available nitrogen.
(e) Phosphorus reported as P2O5.
(f) Potassium reported as K2O.
(g) Calcium.
(h) Magnesium.
(i) Chloride.
(j) Sulfate.
(k) Arsenic.
(l) Cadmium.
(m) Copper.
(n) Lead.
(o) Mercury.
(p) Molybdenum.
(q) Nickel.
(r) Selenium.
(s) Zinc.
(t) Percent foreign matter content.
(u) Pathogens.
(v) Fecal coliforms.
(w) Salmonella.
(x) Other pathogens as determined by the department.
(y) Percent organic matter.
Sec. 11567. (1) A person may blend low hazard industrial waste
or compost additives with general use compost or compost produced
from yard waste to create a soil-like product under the following
conditions:
(a) The blending occurs at a class 1 or class 2 composting
facility.
(b) The mixture meets the criteria in section 11553(5) or
other criteria approved by the department.
(c) The low hazard industrial waste is blended with the
general use compost within 30 days after the low-hazard industrial
waste is collected at the class 1 or class 2 composting facility.
(2) Gypsum drywall may be added to finished compost if it
makes up less than 50% of the compost weight and is less than 1/4
inch in diameter.
Sec. 11568. (1) The operator of a materials utilization
facility shall comply with the following:
(a) The operator shall operate the facility in a manner that
does not create a nuisance or public health or environmental hazard
and
be kept clean and free of litter.
(b) The operator shall comply, as applicable, with generally
accepted agricultural and management practices and with this act,
including parts 31 and 55, and not create a facility as defined in
section 20101.
(c) Unless exempted, the operator shall record, the types and
quantities in tons, or cubic yards for composting facilities, of
material collected, the period of storage, the planning area of
origin of the material, and where the material is transferred,
processed, recycled, or disposed. The operator shall report to the
department this information for each state fiscal year within 45
days after the end of the state fiscal year.
(d) On an annual basis, the volume of solid waste residuals
shall be less than 15% of the total volume of material received
unless the requirements of subdivision (b) of the definition of
materials recovery facility in section 11504 are met.
(e) The facility shall be operated by personnel who are
knowledgeable about the safe management of the types of material
that are accepted and utilized.
(f) The operator shall limit access to the facility to a time
when a responsible individual is on duty.
(g) The operator shall not store material overnight at the
facility except in a secure location and with adequate containment
to prevent any release of material.
(h) Within 1 year after material is collected by the facility,
the material shall be transported from the facility for ultimate
end use products or disposal.
(i) The material shall be protected, as appropriate for the
type of material, from weather, fire, physical damage, and
vandalism.
(j) Operations shall not attract or harbor rodents or other
vectors.
(k) If salvaging is permitted, salvaged material shall be
removed from the site at the end of each business day or is
confined to a storage area that is approved by the department.
(l) Handling and processing equipment that is of adequate
size, quantity, and operating condition shall be available as
needed to ensure proper management of the facility. If the handling
or processing equipment is inoperable for more than 24 hours, an
alternative method that is approved by the department shall be used
to manage the material.
(m) Burning of solid waste shall not occur at the facility.
(2) The operator of a materials recovery facility, including
an electronic waste processor not required to report under part
173, shall comply with the following:
(a) Beginning 1 year after the effective date of the
amendatory act that added this section, a person shall not operate
a materials recovery facility that sorts, bales, or processes more
than 100 tons of material per year and does not have more than 100
tons of managed material on-site at any time unless the owner or
operator has registered the materials recovery facility with the
department. The term
of the registration is 5 years.
(b) Subject to subsection (6), beginning 2 years after the
effective date of the amendatory act that added this section, a
person shall not operate a materials recovery facility that has
more than 100 tons of managed material on-site at any time unless
the owner or operator has obtained approval of the materials
recovery facility under a general permit. The term of approval
under the general permit is 5 years.
(3) The operator of a composting facility shall comply with
the following:
(a) Beginning 1 year after the effective date of the
amendatory act that added this section, a person shall not operate
a small composting facility unless the owner or operator has
notified the department. Notification shall be given upon initial
operation and, subsequently, within 45 days after the end of each
state fiscal year. The subsequent notices shall report the amount
of compostable material managed at the facility during the
preceding state fiscal year.
(b) Beginning 1 year after the effective date of the
amendatory act that added this section, a person shall not operate
a medium composting facility unless the owner or operator has
registered with the department. The term of the registration is 5
years.
(c) Subject to subsection (6), beginning 2 years after the
effective date of the amendatory act that added this section, a
person shall not operate a large composting facility unless
approved by the department under a general permit. The term of
approval under the general permit is 5 years.
(4) The operator of an anaerobic digester shall comply with
the following:
(a) Beginning 1 year after the effective date of the
amendatory act that added this section, a person shall not operate
an anaerobic digester that manages source separated material and
not more than 20% material generated off-site unless the owner or
operator has notified the department. Notification shall be given
upon initial operation and, subsequently, within 45 days after the
end of each state fiscal year. The subsequent notices shall report
the amount of material managed at the anaerobic digester during the
preceding state fiscal year.
(b) Beginning 1 year after the effective date of the
amendatory act that added this section, a person shall not operate
an anaerobic digester that manages organic waste for on-site energy
production unless the owner or operator has registered the
anaerobic digester with the department. The term of the
registration is 5 years.
(c) Subject to subsection (6), beginning 2 years after the
effective date of the amendatory act that added this section, a
person shall not operate an anaerobic digester that manages source
separated material generated off-site, that manages source
separated material or manures, bedding, or crop residuals generated
on-site and up to 20% other material not generated on-site, or that
is a commercial operation unless approved by the department under a
general permit. The term of approval under the general permit is 5
years.
(5) Subject to subsection (6), beginning 2 years after the
effective date of the amendatory act that added this section, a
person shall not operate an innovative technology or practice
facility unless approved by the department under a general permit.
The application for approval shall be accompanied by a fee of
$1,000.00. The term of approval under the general permit is 2
years.
(6) If the owner or operator of a materials utilization
facility that is in operation on the effective date of the
amendatory act that added this section is required to obtain
approval under a general permit under this section, that person
shall submit a complete application for the approval within 2 years
after the effective date of the amendatory act that added this
section.
(7) An applicant for approval under a general permit, within 6
months after a general permit denial, may resubmit the application
together with additional information or corrections necessary to
address the reason for denial.
Sec. 11569. (1) The owner or operator of a materials
utilization facility shall submit a site map and operations plan
for the materials utilization facility with a registration or an
application for approval under a general permit. The owner or
operator shall also submit a final closure plan with an application
for approval under a general permit. Pending registration or
authorization under a general permit of a materials utilization
facility in operation on the effective date of the amendatory act
that added this section, the department shall review the operating
requirements for the facility. If the department determines upon
review that the operating requirements do not comply with part 115,
the department shall issue a schedule of remedial measures that
will lead to compliance within a reasonable amount of time and not
to exceed 1 year from the determination of noncompliance.
(2) If an increase in the volume or change in the type of
material managed by a materials utilization facility triggers a
requirement for notification, registration, or approval under a
general permit, the owner or operator of the facility shall submit
the notification, complete application for registration, or
complete application for approval under a general permit within 90
days.
(3) An approval under a general permit under part 115 may be
renewed upon the submittal of a timely and sufficient application.
To be considered timely and sufficient for purposes of section 91
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.291, an application for renewal of a general permit approval
shall meet both of the following requirements:
(a) Contain the information as required by the applicable
general permit application.
(b) Be received by the department not later than 90 days
before the expiration of the preceding authorization.
SUBPART 11 MATERIALS MANAGEMENT PLANS
Sec. 11571. (1) The department shall ensure that each county
has an approved materials management plan.
(2) The planning area of a single MMP may include 2 or more
counties if the CBCs for those counties agree to the joint exercise
of their powers and performance of their duties under this subpart.
In addition, if the department is responsible for preparing the MMP
for 2 or more counties under section 11575, the department may
include those counties in the planning area of a single MMP and may
exercise its powers and perform its duties under this subpart for
those counties jointly.
(3) Multicounty MMPs are subject to the same procedure for
approval as single-county MMPs, and each CBC shall take formal
action on a multicounty MMP as appropriate. A multicounty MMP shall
include a process to ensure that the requirements of section
11508(1)(b) are met.
(4) All of the municipalities of a county shall be included in
the planning area of a single MMP. However, a municipality located
in 2 counties that are not in the same planning area may request
that the entire municipality be included in the planning area for 1
of those counties and excluded from the planning area of the other
county. A municipality that is adjacent to a county boundary may
request that it be included in the planning area of the MMP for the
adjacent county. A request under this subsection shall be submitted
to and is subject to the approval of the county board of
commissioners of each of the affected counties. If a county board
of commissioners fails to approve a request under this subsection
within 90 days after the request is submitted to the county board,
the municipality making the request may appeal to the department.
The department shall issue a decision on the appeal within 45 days
after the appeal is filed with the department. The decision of the
department is final.
(5) Within 180 days after appropriated funds are available for
the materials management grant program under section 11587, the
department shall, in writing, request the county board of
commissioners of each county to submit to the department, within
180 days after the request is delivered, a notice of intent to
prepare an MMP. If the county board of commissioners declines to
prepare the MMP, all of the following apply:
(a) The county board of commissioners shall advise the
municipalities in the county and the regional planning agency for
the county of its decision.
(b) The department shall provide a specific deadline by which
all the municipalities in the county or the regional planning
agency for the county may submit to the department a notice of
intent to prepare an MMP.
(c) Upon request of the municipalities or regional planning
agency, the department may extend the deadline to allow the parties
an opportunity to determine who will file the notice of intent.
(6) If the county board of commissioners, municipalities, and
the regional planning agency do not file a notice of intent by the
applicable deadline under subsection (5), the department may
prepare an MMP for the county under section 11575(11).
(7) A notice of intent shall meet the following requirements:
(a) Be on a form and in a format provided by the department.
(b) State that the CBC will prepare an MMP.
(c) Be accompanied by documentation evidencing that the county
consulted with adjacent counties regarding the feasibility of
preparing a multicounty MMP pursuant to the urban cooperation act
of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, and
documentation of the outcome of the consultations, including a copy
of any interlocal agreement.
(8) The submittal of a notice of intent commences the running
of a 3-year deadline for municipal approval of the MMP and
submission of the MMP to the department under section 11575.
(9) Not more than 30 days after the CBC submits a notice of
intent to the department, the CBC shall do both of the following:
(a) Submit a copy of the notice of intent to the legislative
body of each municipality located within the planning area.
(b) Publish the notice of intent in a newspaper of general
circulation in the planning area.
(10) If the CBC submits a notice of intent to the department
under subsection (5), the CBC shall do all of the following:
(a) Within 120 days after submitting the notice of intent,
designate a planning agency and an individual within the DPA who
shall serve as the DPA's contact person for the purposes of this
subpart.
(b) Appoint a planning committee as provided in section 11572.
(c) Oversee the creation and implementation of the DPA's work
program under section 11587(4)(b).
(d) Upon request of the department, submit a report on
progress in the preparation of the MMP.
(11) All submittals and notices under this section and
sections 11572 to 11576 shall be in writing. A written notice may
be given by electronic mail if the recipient has indicated by
electronic mail that the recipient will receive notice by
electronic mail at the electronic mail address to which the notice
is sent.
Sec. 11572. (1) Within 120 days after the CBC submits a notice
of intent to the department under section 11571, the CBC shall
appoint a planning committee. The planning committee is a permanent
body. Initial planning committee members shall be appointed for 5-
year terms. Their immediate successors shall be appointed for 2-,
3-, 4-, or 5-year terms such that, as nearly as possible, the same
number are appointed for each term length. Subsequently, members
shall be appointed for terms of 5 years. A member may be
reappointed.
(2) If a vacancy occurs on the planning committee, the CBC
shall make an appointment for the unexpired term in the same manner
as the original appointment. The CBC may remove a member of the
planning committee for incompetence, dereliction of duty, or
malfeasance, misfeasance, or nonfeasance in office.
(3) The first meeting of the planning committee shall be
called by the designated planning agency. At the first meeting, the
planning committee shall elect from among its members a chairperson
and other officers as it considers necessary or appropriate. A
majority of the members of the planning committee constitute a
quorum for the transaction of business at a meeting of the planning
committee. The affirmative vote of a majority of the members
appointed is required for official action of the planning
committee. However, planning committee approval of an MMP requires
the affirmative vote of a majority of the full planning committee,
without regard to vacancies. A planning committee shall adopt
procedures for the conduct of its business.
(4) Except as otherwise provided in this section, a planning
committee shall consist of the following 11 members:
(a) A solid waste disposal facility operator that provides
services in the planning area.
(b) A representative of a hauler of managed material that
provides services in the planning area.
(c) A materials recovery facility operator that provides
services in the planning area.
(d) A compost or other organics facility operator that
provides services in the planning area.
(e) A waste diversion, reuse, or reduction facility operator
that provides services in the planning area.
(f) A representative of an environmental interest group that
has members residing in the planning area.
(g) An elected official of the county.
(h) An elected official of a township in the planning area.
(i) An elected official of a city or village in the planning
area.
(j) An individual who generates a managed material in the
planning area.
(k) A representative of the regional planning agency whose
territory includes the planning area.
(5) The CBC may appoint to the planning committee 1 additional
representative that does business in or resides in an adjacent
community outside the planning area.
(6) CBCs preparing a multicounty MMP under section 11571 shall
appoint a single planning committee. For each county, the following
additional members may be appointed to the planning committee:
(a) An elected official of the county or a municipality in the
planning area.
(b) A representative from a business that generates managed
materials within the planning area.
(7) If, during the MMP development or amendment process, a
solid waste landfill is proposed to be developed in the planning
area within 2 miles of a municipality in this state that is located
adjacent to the planning area, or if a solid waste processing and
transfer facility or materials utilization facility is proposed to
be developed in the planning area within 1 mile of such a
municipality, the CBC shall notify the adjacent municipality in
writing. If requested by the adjacent municipality, the CBC may
appoint to the planning committee an additional member
representative of the adjacent municipality to serve as a regular
planning committee member or as an advisory member without voting
rights, as indicated in writing by the CBC at the time of
appointment.
(8) If the CBC has difficulty finding qualified individuals to
serve on the planning committee, the department may approve a
reduction in the number of members of the planning committee.
However, at a minimum, the planning committee shall include the
following 7 members:
(a) Two representatives of the materials management industry
providing services in the planning area.
(b) Two representatives of environmental interest groups that
have members residing in the planning area or the regional planning
agency.
(c) An elected official of the county.
(d) An elected official of a township in the planning area.
(e) An elected official of a city or village in the planning
area.
Sec. 11573. In addition to its other responsibilities under
part 115, the planning committee shall do all of the following:
(a) Direct the DPA in the preparation of the MMP.
(b) Review and approve the DPA's work program under section
11587(4)(b).
(c) Identify relevant local materials management policies and
priorities.
(d) Ensure coordination in the preparation of the MMP.
(e) Advise counties and municipalities with respect to the
MMP.
(f) Ensure that the DPA is fulfilling all of the requirements
of part 115 as to both the content of the MMP and public
participation. The planning committee shall notify the DPA of any
deficiencies. If the deficiencies are not addressed by the DPA to
the planning committee's satisfaction, the planning committee shall
notify the CBC. If the deficiencies are not addressed by the CBC to
the planning committee's satisfaction, the planning committee shall
notify the department. The department shall address the
deficiencies and may prepare the MMP under section 11575(11).
Sec. 11574. (1) In addition to its other responsibilities
under part 115, a DPA shall do the following:
(a) Serve as the primary government resource in the planning
area for information about the MMP and the MMP development process.
(b) Under the direction of the planning committee, prepare an
MMP.
(c) During the preparation of an MMP, solicit the advice of
and consult with the following:
(i) Periodically, the municipalities, appropriate
organizations, and the private sector in the planning area.
(ii) The appropriate county or regional planning agency.
(iii) Counties and municipalities, in adjacent counties, that
may be significantly affected by the MMP.
(d) Not less than 10 days before each public meeting at which
the DPA will discuss the MMP, give notice of the meeting to the
chief elected official of each municipality within the planning
area and any other person within the planning area that requests
notice. The notice shall indicate as precisely as possible the
subject matter being discussed.
(e) Obtain written approval of the MMP from the planning
committee.
(f) Submit a copy of the MMP as approved by the planning
committee to the following with a notice specifying the end of the
public comment period under subdivision (h):
(i) The department.
(ii) Each municipality within the planning area.
(iii) Counties and municipalities adjacent to the planning
area that may be significantly affected by the MMP or that have
requested the opportunity to review the MMP.
(iv) The regional planning agency for each county included in
the planning area.
(g) Publish a notice in a newspaper of general circulation in
the planning area. The notice shall indicate a location where
copies of the proposed MMP are available for public inspection or
copying at cost, specify the end of the public comment period under
subdivision (h), and solicit public comment.
(h) Receive public comments on the MMP for not less than 60
days after the publication of the notice under subdivision (g).
(i) During the public comment period under subdivision (h),
conduct a public hearing on the MMP. The planning committee shall
publish a notice for not less than 30 days before the hearing in a
newspaper of general circulation within the planning area. The
notice shall indicate a location where copies of the proposed MMP
are available for public inspection or copying at cost and shall
indicate the time and place of the public hearing. The same notice
may be used to satisfy the requirements of this subdivision and
subdivision (g). The planning committee shall submit to the
department proof of notice publication under this subdivision and
subdivision (g).
(j) Submit to the planning committee a summary of the comments
received during the public comment period.
(2) The DPA, or the department if the department prepares an
MMP, shall use a standard format in preparing the MMP. The
department shall prepare the standard format and provide a copy of
the standard format to each DPA that the department knows will
prepare an MMP. The department shall provide the standard format to
any other person upon request.
(3) The planning committee shall consider the comment summary
received from the DPA under subsection (1)(j) and may direct the
DPA to revise the MMP. The DPA shall revise the MMP as directed by
the planning committee. Not more than 30 days after the end of the
public comment period, the DPA shall submit the proposed MMP, as
revised, if applicable, to the planning committee.
(4) Not more than 30 days after the MMP is submitted to the
planning committee under subsection (3), the planning committee
shall take formal action on the MMP and, if the planning committee
approves the MMP in compliance with section 11572(3), the DPA shall
submit the MMP to the CBC.
Sec. 11575. (1) Not more than 60 days after the MMP is
submitted to the CBC under section 11574(4), the CBC shall approve
or reject the MMP and notify the planning committee. A notice that
the CBC rejects the MMP shall include the specific reasons in
writing for the rejection.
(2) Not more than 30 days after notice of the rejection of the
MMP is sent under subsection (1), the planning committee may revise
the MMP and submit the revised MMP to the CBC. After a revised MMP
is timely submitted to the CBC under this subsection or the 30-day
period expires and a revised MMP is not submitted, the CBC shall
approve or reject the revised MMP or original MMP, respectively,
and notify the planning committee.
(3) If the CBC rejects the MMP under subsection (2), the CBC
shall prepare and approve an MMP, subject to the continued running
of the 3-year period under section 11571(8).
(4) Not more than 10 days after the CBC approves an MMP under
subsection (1), (2), or (3), the DPA shall submit a copy of the MMP
to the legislative body of each municipality located within the
planning area.
(5) Not more than 120 days after the MMP is submitted to the
legislative body of a municipality, the legislative body may
approve or reject the MMP, in which case the legislative body shall
notify the DPA of the approval or rejection.
(6) Within 30 days after the deadline for municipal
notification to the DPA under subsection (5), the DPA shall notify
the department which municipalities timely approved the MMP, which
timely rejected the MMP, and which did not timely notify the DPA of
approval or rejection. The notice shall be accompanied by a copy of
the MMP. If the MMP is not approved by at least 2/3 of the
municipalities that timely notify the DPA of their approval or
rejection under subsection (5), then the department shall proceed
under subsection (7) or (9). If the MMP is approved by at least 2/3
of the municipalities that timely notify the DPA of their approval
or rejection under subsection (5), then subsection (9) applies.
(7) The department may approve an extension of a deadline
under subsections (2) to (6) if the extension is requested by the
entity subject to the deadline within a reasonable time after the
issues giving rise to the need for an extension arise.
(8) If the MMP is neither approved nor rejected by a deadline
established in this subpart, subject to any extension under
subsection (7), the MMP is considered automatically approved at
that step in the approval process, and the approval process shall
continue at the next step. This subsection does not apply to
failure of an individual municipality to approve or disapprove the
MMP under subsection (5).
(9) Within 180 days after the MMP is submitted to the
department under subsection (6), the department shall approve or
reject the MMP. The department shall approve the MMP if the MMP
complies with part 115. If the department approves the MMP, the MMP
is final. If the department rejects the MMP, subsection (11)
applies.
(10) Before approving or rejecting an MMP under subsection
(9), the department may return the MMP to the CBC with a written
request for modifications necessary for approval under subsection
(9) or to clarify the MMP. If the department returns the MMP for
modifications, the running of the 180-day period is tolled for 90
days or until the CBC responds to the department's request,
whichever occurs first. If the CBC does not approve the
modifications requested by the department, subsection (11) applies.
(11) Subject to subsection (9), if a CBC does not prepare an
MMP or the MMP does not timely obtain an approval required by part
115, the department may prepare and approve an MMP for the county.
An MMP prepared and approved by the department is final. Once the
MMP is final, the county shall implement the MMP.
Sec. 11576. (1) Amendments to an MMP shall be made only as
provided in subsection (2), (3), or (4).
(2) The department shall initiate the adoption of 1 or more
amendments to an MMP if the department determines that the guidance
provided by legislation, by this state's solid waste policy, and by
reports and initiatives of the department has significantly changed
the required contents of an MMP or if as a result of changes in
conditions in the planning area the MMP no longer complies with the
requirements of part 115. The procedure for adopting amendments to
the MMP under this subsection is the same as the procedure for
adoption of an initial MMP.
(3) The CBC may initiate 1 or more amendments by filing a
notice of intent with the department. Except as provided in
subsection (4), the procedure for adopting an amendment is the same
as the procedure for adoption of an initial MMP except as follows:
(a) The county submits a notice of intent on its own
initiative rather than in response to a request from the department
under section 11571.
(b) If the CBC rejects a revised amendment under section
11575(2), the amendment process terminates.
(c) Section 11575(11) does not apply. Instead, if any required
approval is not timely granted, the amendment process terminates
and the amendments are not adopted.
(4) If, after a notice of intent is filed under subsection
(3), the department determines that the amendment will increase
materials utilization or the recovery of managed material and
complies with part 115, the department may authorize the CBC to
amend the MMP by simply submitting the amendment to the department
in writing. The department shall provide the CBC with written
approval of the submitted amendment.
(5) A county shall keep its MMP current. The following changes
do not require an amendment if made in a supplement to the MMP
provided for by the department under section 11574(2) for the
purpose of changes not requiring an amendment:
(a) Transportation infrastructure.
(b) Population density.
(c) Materials management facility inventory.
(d) Local ordinances that do not control the development of a
materials management facility and that minimally control the
operation of the materials management facility, such as ordinances
addressing landscaping, screening, and other ancillary construction
details; hours of operation; operating records and reporting
requirements; noise, litter, odor, dust, and other site nuisances;
and facility security and safety.
(6) Changes made without amendment under subsection (5) shall
be incorporated in the next amendment made under subsection (2) or
(3).
(7) Every 5 years after the initial MMP is approved, the CBC
shall complete an MMP review. The purpose of the review is to
ensure that the MMP complies with part 115 and to evaluate the
progress that has been made in meeting the MMP's materials
utilization goals, including the benchmark recycling standard. Once
the review is complete, the CBC shall submit to the department 1 of
the following, as appropriate:
(a) An MMP amendment.
(b) A statement indicating that an amendment is not needed to
advance the materials utilization goals.
(8) The department may review an MMP periodically and
determine if any amendments are necessary to comply with part 115.
If the department determines that an amendment is necessary, the
following apply:
(a) The department, after notice and opportunity for a public
hearing held pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, may withdraw approval of the MMP
or the noncompliant portion of the MMP.
(b) The department shall establish a schedule for compliance
with part 115.
(c) If the planning area does not amend its MMP within the
schedule under subdivision (b), the department shall amend the MMP
to address the deficiencies.
Sec. 11577. (1) The goals of an MMP are as follows:
(a) To prevent adverse effects on the public health or the
environment resulting from improper materials management
collection, processing, recovery, or disposal, including protection
of surface water and groundwater, air, and land.
(b) To sustainably manage materials in a way that benefits the
economy, communities, and the environment.
(c) To ensure that all managed material generated in the
planning area is collected and recovered, processed, or disposed at
materials management facilities that comply with state statutes and
rules or managed appropriately at out-of-state facilities.
Sec. 11578. An MMP shall meet the following requirements:
(a) Include measurable, objective, and specific goals for the
planning area for solid waste diversion from disposal areas,
including, but not limited to, the benchmark recycling standard.
(b) Include an implementation strategy for the county to meet
the materials utilization goals by the time of the 5-year MMP
review under section 11576(7). The implementation strategy shall
include, but is not limited to, the following:
(i) How progress will be made to reduce the amount of organic
material being disposed of, through food waste reduction,
composting, and anaerobic digestion.
(ii) How progress will be made to reduce the amount of
recyclable materials being disposed of, through increased
recycling, including expanding convenient access and recycling at
single and multifamily dwellings, businesses, and institutions.
(iii) A process whereby each of a planning area's materials
utilization facilities are evaluated based on the type, origin, and
quantities of source separated or recyclable materials in tons on
an annual basis as reported to the department.
(iv) A description of the resources needed for meeting the
materials utilization goals and how the development of necessary
materials utilization facilities and activities be promoted.
(v) A description of how the benchmark recycling standards
will be met.
(c) Identify by type and tonnage all managed material
generated in the planning area and all managed material that is
included in the planning area's materials utilization goals.
Amounts of material may be estimated using a formula provided by
the department.
(d) Require that a proposed materials management facility meet
the requirements of part 115 and be consistent with the materials
utilization goals.
(e) To the extent practicable, identify and evaluate available
materials management infrastructure and systems that contribute to
meeting the goal under section 11577(c) and other options to meet
that goal.
(f) Include an inventory of the names and addresses of all of
the following, subject to subdivision (g):
(i) Existing disposal areas.
(ii) Materials utilization facilities that meet both of the
following requirements:
(A) Are in operation on the effective date of the amendatory
act that added this section.
(B) On the effective date of the amendatory act that added
this section, comply with part 115 or, within 1 year after that
date, are in the process of becoming compliant.
(iii) Waste diversion centers for which notification has been
given to the department under section 11521b.
(g) Include a materials management facility in the inventory
under subdivision (f) only if the owner or operator of the facility
has submitted to the county a written acknowledgment indicating
that the owner or operator is aware of the proposed inclusion of
the facility in the MMP relative to the materials capacity needs
identified in subdivision (c) and that the facility has the
indicated capacity to manage the materials identified. The MMP
shall include a statement that the owner or operator of each
facility listed in the MMP has submitted such an acknowledgment to
the county. If the submitted acknowledgments do not document
sufficient capacity for disposal or materials utilization to reach
the MMP's materials management capacity requirements, including the
materials utilization goals, the MMP shall identify specific
strategies, including a schedule and approach to develop and fund
capacity.
(h) Describe the facilities inventoried pursuant to
subdivision (f), including a summary of the deficiencies, if any,
of the facilities in meeting current materials management needs.
The description shall, at a minimum, include the following
information:
(i) The facility latitude and longitude.
(ii) The estimated facility acreage.
(iii) A description of the materials managed.
(iv) The processes for handling materials at the facility.
(v) The total authorized capacity of the facility.
(i) Ensure that the planning area has, and will have during
the planning period, sufficient available and suitable land and
accessible transportation, to accommodate the development and
operation of materials utilization facilities and solid waste
processing and transfer facilities identified in the inventory
under subdivision (e).
(j) Ensure that the materials management facilities identified
in the inventory under subdivision (e) are capable of being
developed in compliance with state law pertaining to protection of
the public health and the environment, considering the available
land in the planning area and the technical feasibility of, and
economic costs associated with, the facilities.
(k) Include an enforceable mechanism to meet the goal of
section 11577(c) and otherwise implement the MMP, and identify the
party responsible to ensure compliance with part 115. The MMP may
contain a mechanism for the county and municipalities in the
planning area to assist the department and the department of state
police in conducting the inspection program established in section
11526(2) and (3). This subdivision does not preclude the private
sector's participation in providing materials management services
consistent with the MMP for the planning area.
(l) Calculate the municipal solid waste recycling rate for the
planning area.
(m) Describe relevant transportation infrastructure.
(n) Include current and projected population densities and
identify of population centers and centers of managed materials
generation in the planning area using a formula provided by the
department, to demonstrate that the capacity required for managed
material is met.
(o) Describe the mechanisms by which municipalities in the
planning area will ensure convenient recycling access, such as
assignment of the responsibility to the county or an authority,
franchise agreements, intergovernmental agreements, municipal
services, hauler licensing under an ordinance, or public-private
partnership.
(p) Allow a county or a municipality within the planning area,
at its discretion, to require haulers operating in its jurisdiction
to provide a minimum level of recycling service.
(q) Identify the DPA and the entity or entities responsible
for the following and document the appropriateness of the DPA and
other identified entities to carry out their respective
responsibilities:
(i) Implementing the benchmark recycling standards access
requirements.
(ii) Identifying the materials utilization framework and the
achievement of the materials utilization goals.
(iii) Otherwise monitoring, implementing, and enforcing the
MMP and providing any required reports to the department.
(iv) Administering the funding mechanisms identified in
section 11581 that will be used to implement the MMP.
(v) Ensuring compliance with part 115.
This state may serve as a responsible party under this subdivision
on behalf of a municipality if the municipality is under a
financial consent order or in receivership.
(r) With respect to education and outreach for residents and
businesses in the planning area, the following:
(i) Identify the persons responsible for education and
outreach.
(ii) Specify the budget and means of funding education and
outreach.
(iii) If the responsibility for activities to meet the
requirements of subparagraphs (i) and (ii) is primarily placed on
the private sector service providers, include a copy of an
agreement with the service provider or an ordinance or other
enforceable mechanism that ensures compliance with part 115.
(iv) Describe the county or regional role in providing
recycling education, including a website, telephone number, and
sample recycling guide that will be provided to residents and
businesses.
(s) Include a siting process under section 11579 and a copy of
any ordinance, law, rule, or regulation of a municipality, county,
or governmental authority within the planning area that applies to
the siting process.
(t) Take into consideration the MMPs of counties adjacent to
the planning area as they relate to the planning area's needs.
(u) Provide for the following with respect to any municipality
that includes or is located within 2 miles of a proposed solid
waste landfill development or expansion that would require a new
construction permit or includes or is located within 1 mile of a
solid waste processing and transfer facility or materials
utilization facility:
(i) Notification of the municipality.
(ii) An opportunity for the municipality to comment on the
landfill development or expansion or the solid waste processing and
transfer facility, or materials utilization facility.
(iii) A requirement that the materials management facility
developer and the planning committee address, to the extent
practicable, each concern identified by the municipality. The
county shall document compliance with this subdivision, if
applicable.
(v) Include a schedule for implementing the MMP.
(w) Document all opportunities for participation and
involvement of the public, all affected agencies and parties, and
the private sector in the preparation of the MMP.
Sec. 11579. (1) An MMP shall include a siting process with a
set of minimum criteria for the purposes of section 11585(4).
(2) A materials utilization facility need not be sited if the
CBC demonstrates to the department that the planning area has
available capacity sufficient to address the managed materials
identified by the MMP as being generated in the planning area.
(3) The siting process shall not include siting criteria more
restrictive than state law if a materials utilization facility
could not be developed anywhere in the planning area under those
criteria.
Sec. 11580. (1) In addition to the other requirements of part
115, if the county board of commissioners, municipalities, and
regional planning agency do not timely submit a notice of intent to
prepare an MMP and the department prepares an MMP under section
11571, the MMP prepared by the department shall comply with the
following:
(a) Automatically find all materials utilization facilities or
solid waste processing and transfer facilities that are exempt from
permit and license requirements, that comply with local zoning
requirements, and that have been included in the MMP to be
consistent with the MMP.
(b) Not allow approval of additional solid waste landfill
disposal capacity.
(c) Require all haulers serving the planning area to provide
recycling access consistent with the benchmark recycling standards.
(2) If the department prepares an MMP, the MMP need not
contain a requirement for a proposed materials management facility
to meet additional siting criteria or obtain host community
approval under section 11585(4)(c).
Sec. 11581. (1) In addition to the materials management
planning grants under section 11587, a municipality or county may
utilize any of the following mechanisms, as applicable, to fund
implementation of an MMP:
(a) A millage under 1917 PA 298, MCL 123.261.
(b) A municipal utility service fee.
(c) Special assessments under 1957 PA 185, MCL 123.731 to
123.786; 1954 PA 188, MCL 41.721 to 41.738; or 1923 PA 116, MCL
41.411 to 41.419.
(d) A service provider franchise agreement.
(e) Hauler licensing fees.
(f) A voter-approved millage.
(g) A general fund appropriation.
(h) Supplemental fees for service.
(i) A surcharge under section 8a of the urban cooperation act
of 1967, 1967 (Ex Sess) PA 7, MCL 124.508a.
(j) A landfill surcharge.
(k) Any other lawful mechanism.
(2) Appropriate uses for funding described in subsection (1)
may include, but are not limited, to the following:
(a) Recycling programs.
(b) Organic materials management.
(c) Education and outreach regarding recycling and materials
utilization.
(d) Relevant market development.
(e) Materials reduction and reuse initiatives.
Sec. 11582. (1) The CBC shall certify to the department the
CBC's progress toward meeting its materials utilization goals. The
first certification shall be submitted by the first June 30 that is
more than 2 years after the department's approval of the initial
MMP or MMP amendment. Subsequent certifications shall be submitted
by June 30 every 2 years after the first certification.
(2) If a county does not make progress toward meeting its
materials utilization goals, the county is ineligible for
assistance from the growing recycling access and voluntary
participation program under section 11550(9) until both of the
following requirements are met:
(a) The county adopts an ordinance or other enforceable
mechanism to ensure that any solid waste hauler providing curbside
solid waste hauling service also offers curbside recycling service
to dwellings of 4 or fewer units in the planning area.
(b) Any remaining deficiencies in a county's progress toward
meeting its materials utilization goals are addressed.
Sec. 11583. An ordinance, law, rule, regulation, policy, or
practice of a municipality, county, or governmental authority
created by statute that conflicts with part 115 is not enforceable
if any of the following apply:
(a) It prohibits development of a materials management
facility and is not incorporated by reference in the MMP for the
county.
(b) It violates section 207 of the Michigan zoning enabling
act, 2006 PA 110, MCL 125.3207, with respect to a materials
management facility.
Sec. 11584. (1) A county, municipality, authority, or regional
planning agency that owns a solid waste disposal facility may adopt
requirements controlling the flow of solid waste to that solid
waste disposal facility.
(2) The CBC may establish materials management authorizations
or fees or any other regulatory ordinances or agreements needed to
achieve the materials utilization goals.
(3) The department shall do all of the following:
(a) Maintain a database for materials management facilities to
report to the department certain information required under part
115, as determined by the department.
(b) Provide materials management facilities with instructions
necessary to add information to the database.
(c) Provide CBCs access to information in the database.
Sec. 11585. (1) If a disposal area that does not require a
license or permit under part 115 or a materials utilization
facility is proposed to be located in a local unit of government
that has a zoning ordinance, the disposal area or materials
utilization facility is consistent with the MMP if it complies with
the zoning ordinance and the owner or operator of the proposed
disposal area or materials utilization facility presents
documentation to the department and the CBC from the local unit of
government exercising zoning authority demonstrating that the
disposal area complies with local zoning.
(2) A disposal area or materials utilization facility is
automatically consistent with the MMP if the specific facility or
type of facility is identified in the MMP as being automatically
consistent.
(3) A materials management facility that is not automatically
consistent with the MMP is considered consistent if, as determined
by the CBC or other entity specified by the MMP and by the
department, the following requirements are met:
(a) The MMP authorizes that type of materials management
facility to be sited by following the siting procedure and meeting
the minimum siting criteria included in the MMP under section 11579
or the facility is a captive type III landfill and both of the
following apply:
(i) The landfill does not accept off-site waste.
(ii) The landfill met local land use requirements when
initially sited.
(b) The materials management facility follows the siting
procedure and meets minimum siting criteria in the MMP.
(c) The materials management facility meets either of the
following requirements:
(i) Has host community approval.
(ii) Meets any supplemental siting criteria in the MMP for
materials management facilities that do not have host community
approval.
(4) The CBC or other entity specified by the MMP shall
promptly notify the owner or operator of the materials management
facility in writing of its determination under subsection (3)
whether the materials management facility is consistent with the
MMP.
(5) The department shall determine whether a materials
management facility is consistent with the MMP through an
independent evaluation as part of the review process for an
application for a registration, for approval under a general
permit, or for a construction permit or operating license. The
applicant for a permit for a materials management facility shall
include in the application documentation of the facility's
consistency with the MMP.
(6) A landfill, other than a captive type III landfill, or a
municipal solid waste incinerator need not be sited if the CBC
demonstrates to the department through its materials management
plan that the planning area has at least 66 months of available
solid waste disposal capacity.
Sec. 11586. (1) The state solid waste management plan consists
of the state solid waste plan and all MMPs approved by the
department.
(2) The department shall consult and assist in the preparation
and implementation of MMPs.
(3) The department may undertake or contract for studies or
reports necessary or useful in the preparation of the state solid
waste management plan.
(4) The department shall promote policies that encourage
resource recovery and establishment of materials utilization
facilities.
Sec. 11587. (1) Subject to appropriations, a materials
management planning grant program is established to provide grants,
to be known as materials management planning grants, to CBCs. The
department may promulgate rules for the implementation of the grant
program. Grant funds shall be awarded pursuant to a grant
agreement. If the department prepares the MMP, grant funds
appropriated for local planning may be used by the department for
MMP preparation.
(2) Grants shall be used for administrative costs for
preparing, implementing, and maintaining an MMP, including, but not
limited to, the following:
(a) Development of a work program as described in subsection
(4)(b) and R 299.4704 and R 299.4705 of the Michigan Administrative
Code, including a prior work program.
(b) Initial MMP development and MMP amendments.
(c) Ensuring public participation.
(d) Determinations whether new materials management facilities
are consistent with the MMP.
(e) Costs to collect and submit data for the database utilized
by the department for materials management facility reporting
purposes and costs to evaluate data housed in the database for the
planning area.
(f) Recycling education and outreach.
(g) Recycling and materials utilization programs.
(h) Preparation of required reports to the department.
(i) MMP implementation.
(3) Materials management planning grants shall cover 100% of
eligible costs up to the authorized maximum amount as specified by
rule.
(4) In the first year of the grant program, the initial round
of grants shall be awarded for a 3-year period and paid in
installments as specified in the grant agreement. To be eligible
for a grant in the first year, the CBC must do both of the
following:
(a) Submit a notice of intent to prepare an MMP under section
11571.
(b) Within 120 days after submitting the notice of intent to
prepare an MMP, submit to and obtain department approval of a work
program for preparing the MMP. The work program shall be prepared
by the DPA and reviewed and approved by the planning committee. The
work program shall describe the activities for developing and
implementing the MMP and associated costs to be covered by the
county and the grant.
(5) The amount of a grant in the initial round shall equal the
sum of the following:
(a) $60,000.00 for each county in the planning area.
(b) $0.50 for each resident of the planning area, up to
600,000 residents.
(c) An additional $10,000.00 for each county in the planning
area if the planning area includes more than 1 county.
(6) Annual grants shall be awarded for each year after
expiration of the 3-year grants under subsection (4). To be
eligible for an annual grant, the county must have an approved work
program under subsection (4) or an MMP. The amount of an annual
grant to the CBC shall equal the sum of the following, as
applicable:
(a) $60,000.00 for each county in the planning area.
(b) An additional $10,000.00 for each county in the planning
area if the planning area includes more than 1 county and the CBCs
were responsible for preparing the MMP.
(7) A grantee under this section shall keep records, subject
to audit, documenting use of the grant for MMP development and
implementation.
(8) For the purpose of determining the number of counties in a
planning area under this section, the inclusion or exclusion of a
municipality under section 11571(4) shall not be considered.
Enacting section 1. Sections 11521, 11522, 11529, 11534 to
11538, 11539a, 11547, and 11548 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11521,
324.11522, 324.11529, 324.11534 to 324.11538, 324.11539, 324.11547,
and 324.11548, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.