HB-6269, As Passed House, December 4, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6269

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11502, 11503, 11504, 11505, 11509, 11510,

11512, 11513, 11515, 11516, 11518, 11523, 11523a, 11523b, 11525,

11525a, 11525b, 11528, 11538, 11539, 11542, and 11550 (MCL

324.11502, 324.11503, 324.11504, 324.11505, 324.11509, 324.11510,

324.11512, 324.11513, 324.11515, 324.11516, 324.11518, 324.11523,

324.11523a, 324.11523b, 324.11525, 324.11525a, 324.11525b,

324.11528, 324.11538, 324.11539, 324.11542, and 324.11550),

sections 11502, 11503, 11504, 11505, and 11542 as amended by 2014

PA 178, sections 11509, 11512, and 11516 as amended by 2004 PA 325,

section 11510 as amended by 1998 PA 397, 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 11538 as amended by 2004 PA 44, and section 11550 as

amended by 2003 PA 153, and by adding sections 11511a, 11512a,

11519a, 11519b, and 11519c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 11502. (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.

(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.

(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.

(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.

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.

(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.

(iii) Cause a violation of a part 31 surface water quality

standard.

(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

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~~ 1388, at a private or

publicly owned wastewater treatment plant.

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, 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.

(7) "Beneficial use 5" means blended with inert materials or

with compost and used to manufacture soil.

(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.

(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.

(9) "Beverage container" means an airtight metal, glass,

paper, or plastic container, or a container composed of a

combination of these materials, which, 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 alcoholic

content.

(10) "Bond" means a financial instrument 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, insurance, 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.

(11) "Captive facility" means a landfill or coal ash

impoundment that accepts for disposal, and accepted for disposal

during the previous calendar year, only nonhazardous industrial

waste generated only by the owner of the landfill or coal ash

impoundment.

(12) ~~(11)~~ "Cement kiln dust" means particulate matter

collected in air emission control devices serving Portland cement

kilns.

(13) ~~(12)~~ "Certificate of deposit" means a negotiable

certificate of deposit held by a bank or other financial

institution regulated and examined by a state or federal agency,

the value of which 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 in the sole name of the

department with a maturity date of not less than 1 year and shall

be renewed not less 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.

(14) ~~(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.

(15) ~~(14)~~ "Coal ash", subject to subsection (16), means any of

the ~~material~~ following:

(a) Material recovered from systems for the control of air

pollution from, or the noncombusted residue remaining after, the

combustion of coal or coal coke, including, but not limited to,

coal bottom ash, fly ash, boiler slag, flue gas desulfurization

materials, or fluidized-bed combustion ash.

(b) Residuals removed from coal ash impoundments.

(16) 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.

(b) Class F fly ash under ASTM standard C618-12A if that fly

ash forms a pozzolanic-stabilized mixture by being blended with

lime, Portland cement, or cement kiln dust.

ASTM standard C618-12A 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).

(17) "Coal ash impoundment" means a natural topographic

depression, man-made excavation, or diked area that is not a

landfill and that is designed to hold and, after October 14, 2015,

accepted an accumulation of coal ash and liquids or other materials

approved by the department for treatment, storage, or disposal and

did not receive department approval of its closure. A coal ash

impoundment in existence before October 14, 2015 that receives

waste after the effective date of the amendatory act that added

this subsection, and that does not have a permit pursuant to part

31, is considered an open dump beginning 2 years after the

effective date of the amendatory act that added this subsection

unless the owner or operator has completed closure of the coal ash

impoundment under section 11519b or obtained an operating license

for the coal ash impoundment.

(18) "Coal ash landfill" means a landfill that is used for the

disposal of coal ash and may also be used for the disposal of inert

materials and construction material used for purposes of meeting

the definition of beneficial use 4 or other materials approved by

the department.

(19) ~~(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.

(20) ~~(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.

(21) ~~(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.

(22) ~~(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, and approved plans and specifications.

(23) ~~(19)~~ "Corrective action" means the investigation,

assessment, cleanup, removal, containment, isolation, treatment, or

monitoring of constituents, as defined in a facility's approved

hydrogeological monitoring plan, released into the environment from

a disposal area, 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 42 USC 6941 to 6949a

and regulations promulgated thereunder.

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 incidentally

disposed of with other solid waste.

(2) "Department", subject to section 11554, means the

department of environmental quality.

(3) "Director" means the director of the department.

(4) "Discharge" includes, but is not limited to, any spilling,

leaking, pumping, pouring, emitting, emptying, discharging,

injecting, escaping, leaching, dumping, or disposing of a substance

into the environment that is or may become injurious to the public

health, safety, or welfare, or to the environment.

(5) "Disposal area" means 1 or more of the following at a

location as defined by the boundary identified in its construction

permit or engineering plans approved by the department:

(a) A solid waste transfer facility.

(b) An incinerator.

(d) A processing plant.

(e) A coal ash impoundment.

(f) ~~(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.

(6) "Diverted waste" means waste that meets all of the

following requirements:

(a) Is generated by households, businesses, or governmental

entities.

(b) Can lawfully be disposed of at a licensed sanitary

landfill or municipal solid waste incinerator.

(d) Is 1 or more of the following:

(i) Hazardous material.

(ii) Liquid waste.

(iii) Pharmaceuticals.

(iv) Electronics.

(v) Batteries.

(vi) Light bulbs.

(vii) Pesticides.

(viii) Thermostats, switches, thermometers, or other devices

that contain elemental mercury.

(ix) Sharps.

(x) Other wastes approved by the department that can be

readily separated from solid waste for diversion to preferred

methods of management and disposal.

(7) "Enforceable mechanism" means a legal method whereby this

state, a county, a municipality, or another person is authorized to

take action to guarantee compliance with an approved county solid

waste management plan. Enforceable mechanisms include contracts,

intergovernmental agreements, laws, ordinances, rules, and

regulations.

(8) "Escrow account" means an account 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.

(9) "Existing coal ash impoundment" means a coal ash

impoundment that received coal ash before the effective date of the

amendatory act that added this subsection, and that, as of that

date, has not initiated elements of closure that include

dewatering, stabilizing residuals, or placement of an engineered

cover or otherwise closed pursuant to its part 31 permit or

pursuant to R 299.4309 of the part 115 rules and, therefore, is

capable of receiving coal ash in the future. A coal ash impoundment

that has initiated closure is considered an open dump unless the

owner or operator has completed closure of the coal ash impoundment

under section 11519b or obtained an operating license for the coal

ash impoundment within 2 years after the effective date of the

amendatory act that added this subsection.

(10) "Existing disposal area" means any of the following:

(a) A disposal area that has in effect a construction permit

under this part.

(b) A disposal area that had engineering plans approved by the

director before January 11, 1979.

operate by the director or by court order before October 9, 1993.

(d) An industrial waste pile that was located at the site of

generation on October 9, 1993.

(e) An existing coal ash impoundment.

(11) "Existing landfill unit" or "existing unit" means any

landfill unit that received solid waste on or before October 9,

1993.

(12) ~~(9)~~ "Farm" means that term as defined in section 2 of the

Michigan right to farm act, 1981 PA 93, MCL 286.472.

(13) ~~(10)~~ "Farm operation" means that term as defined in

section 2 of the Michigan right to farm act, 1981 PA 93, MCL

286.472.

(14) ~~(11)~~ "Financial assurance" means the mechanisms used to

demonstrate that the funds necessary to meet the cost of closure,

postclosure maintenance and monitoring, and corrective action will

be available whenever they are needed.

(15) ~~(12)~~ "Financial test" means a corporate or local

government financial test or guarantee approved for type II

landfills under 42 USC 6941 to 6949a and regulations promulgated

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 test shall include a list showing

the name and address of each facility and the amount of funds

assured by the test for each facility. For purposes of the

financial test, the owner or operator shall aggregate the sum of

the closure, postclosure, and corrective action costs it seeks to

assure with any other environmental obligations assured by a

financial test under state or federal law.

(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.

(b) Otherwise unusable parts of fruits, vegetables, aquatic

plants, or field crops from the processing thereof.

quality, or other product specifications and that were intended for

human or animal consumption.

(18) ~~(15)~~ "Foundry sand" means silica sand used in the metal

casting process, including binding material or carbonaceous

additives, from ferrous or nonferrous foundries.

(19) ~~(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.

(20) ~~(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.

Sec. 11504. (1) "Health officer" means a full-time

administrative officer of a certified health department.

(2) "Industrial waste" means solid waste that is generated by

manufacturing or industrial processes and that is not a hazardous

waste regulated under part 111.

(3) "Industrial waste landfill" means a landfill that is used

for the disposal of industrial waste that has been characterized

for hazard and that has been determined to be nonhazardous 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.

Excavated soil or dredged sediment is considered uncontaminated if

it does not contain more than de minimis amounts of solid waste and

1 of the following applies:

(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.

(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 or background concentration

as defined in part 201, 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) ~~(3)~~ "Insurance" means insurance that conforms to the

requirements of 40 CFR 258.74(d) provided by an insurer who has a

certificate of authority from the director of insurance and

financial services to sell this line of coverage. An applicant for

an operating license 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.

(6) ~~(4)~~ "Landfill" means a disposal area that is a sanitary

landfill.

(7) "Lateral expansion" means a horizontal expansion of the

solid waste boundary of any of the following:

(a) A landfill, other than a coal ash landfill, if the

expansion is beyond the limit established in a construction permit

or engineering plans approved by the solid waste control agency

before January 11, 1979.

(b) A coal ash landfill, if the expansion is beyond the limit

established in a construction permit issued after the effective

date of the amendatory act that added this subsection or the

horizontal limits of coal ash in place on or before October 14,

2015.

limit established in a construction permit or the horizontal limits

of coal ash in place on or before October 14, 2015.

(8) ~~(5)~~ "Letter of credit" means an irrevocable letter of

credit that complies with 40 CFR 258.74(c).

(9) ~~(6)~~ "Lime kiln dust" means particulate matter collected in

air emission control devices serving lime kilns.

(10) ~~(7)~~ "Low-hazard industrial waste" means industrial

material that has a low potential for groundwater contamination

when managed in accordance with this part. The following materials

are low-hazard industrial wastes:

(a) Coal ash or wood ash.

(b) Cement kiln dust.

(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.

(11) "Low-hazard-potential coal ash impoundment" means a coal

ash impoundment that is a diked surface impoundment, the failure or

misoperation of which is expected to result in no loss of human

life and low economic or environmental losses principally limited

to the impoundment owner's property.

(12) ~~(8)~~ "Medical waste" means that term as it is defined in

section 13805 of the public health code, 1978 PA 368, MCL

333.13805.

(13) ~~(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.

(14) ~~(10)~~ "Municipal solid waste incinerator" means an

incinerator that is owned or operated by any person, and 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).

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.

(15) ~~(11)~~ "Municipal solid waste incinerator ash" means the

substances remaining after combustion in a municipal solid waste

incinerator.

(16) "New coal ash impoundment" means a coal ash impoundment

that first receives coal ash after the effective date of the

amendatory act that added this subsection.

(17) "New disposal area" means a disposal area that requires a

construction permit under this part and includes all of the

following:

(a) A disposal area, other than an existing disposal area,

that is proposed for construction.

(b) For a landfill, a lateral expansion, vertical expansion,

or other expansion that results in an increase in the landfill's

design capacity.

coal ash impoundment beyond the placement of waste as of October

14, 2015.

(d) For a disposal area other than landfills or coal ash

impoundments, an enlargement in capacity beyond that indicated in

the construction permit or in engineering plans approved before

January 11, 1979.

(e) For any existing disposal area, an alteration of the

disposal area to a different disposal area type than had been

specified in the previous construction permit application or in

engineering plans that were approved by the director or his or her

designee before January 11, 1979.

(18) ~~(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.

(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.

(19) "Part 115 rules" means R 299.4101 to R 299.4922 of the

Michigan Administrative Code including any amendments to or

replacements of those rules.

(20) ~~(13)~~ "Perpetual care fund" means a trust or escrow

account or perpetual care fund bond provided for in section 11525.

(21) ~~(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.

(22) ~~(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.

(23) ~~(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.

(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).

Sec. 11505. (1) "Recyclable materials" means source separated

materials, site separated materials, high grade paper, glass,

metal, plastic, aluminum, newspaper, corrugated paper, yard

clippings, and other materials that may be recycled or composted.

(2) "Regional solid waste management planning agency" means

the regional solid waste planning agency designated by the governor

pursuant to 42 USC 6946.

(3) "Resource recovery facility" means machinery, equipment,

structures, or any parts or accessories of machinery, equipment, or

structures, installed or acquired for the primary purpose of

recovering materials or energy from the waste stream.

(4) "Response activity" means an activity that is necessary to

protect the public health, safety, welfare, or the environment, and

includes, but is not limited to, evaluation, cleanup, removal,

containment, isolation, treatment, monitoring, maintenance,

replacement of water supplies, and temporary relocation of people.

(5) "Rubbish" means nonputrescible solid waste, excluding

ashes, consisting of both combustible and noncombustible waste,

including paper, cardboard, metal containers, yard clippings, wood,

glass, bedding, crockery, demolished building materials, or litter

of any kind that may be a detriment to the public health and

safety.

(6) "Salvaging" means the lawful and controlled removal of

reusable materials from solid waste.

~~(7) "Sharps" means that term as defined in section 13807 of~~

~~the public health code, 1978 PA 368, MCL 333.13807.~~

(7) "Sanitary landfill" means a type of disposal area

consisting of 1 or more landfill units and the active work areas

associated with those units. Sanitary landfills are classified as 1

of the following types of landfills:

(a) A type II landfill, which is a municipal solid waste

landfill and includes a municipal solid waste incinerator ash

landfill.

(b) A type III landfill, which is any landfill that is not a

municipal solid waste landfill or hazardous waste landfill and

includes all of the following:

(i) A construction and demolition waste landfill.

(ii) An industrial waste landfill.

(iii) A landfill that accepts waste other than household

waste, municipal solid waste incinerator ash, or hazardous waste

from conditionally exempt small quantity generators.

(iv) A coal ash landfill.

(v) An existing coal ash impoundment that is closed or is

actively being closed as a landfill pursuant to R 299.4309 of the

part 115 rules.

(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.

promulgated by the department.

(9) "Sharps" means that term as defined in section 13807 of

the public health code, 1978 PA 368, MCL 333.13807.

(10) ~~(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.

(11) ~~(10)~~ "Slag" means the nonmetallic product resulting from

melting or smelting operations for iron or steel.

Sec. 11509. (1) Except as otherwise provided in section 11529,

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

for a construction permit to the department through the health

officer. 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.

(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 application shall be accompanied by an

engineering plan and a construction permit application fee. 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, a fee equal to the following

amount:

(i) For a municipal solid waste landfill, $1,500.00.

(ii) 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 landfill, a fee

equal to the following amount:

(i) For a municipal solid waste landfill, $1,000.00.

(ii) 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.

a fee equal to the following amount:

(i) For a municipal solid waste landfill, $750.00.

(ii) 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.

(d) For a new coal ash impoundment, a fee of $1,000.00.

(e) For a lateral or vertical expansion of a coal ash

impoundment, a fee of $750.00.

(3) The application for a construction permit for a solid

waste transfer facility, a solid waste processing plant, other

disposal area, or a combination of these, shall be accompanied by a

fee in the following amount:

(a) For a new facility 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 for industrial waste, or construction

and demolition waste, $500.00.

waste, $250.00.

(4) If an application is returned to the applicant as

administratively incomplete, the department shall refund the entire

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 applicant for a construction permit, within 12

months after a permit denial or 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 an additional application fee.

(5) An application for a modification to a construction permit

or for renewal of a construction permit which 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.

(6) 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.

(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.

Sec. 11510. (1) Before the submission of a construction permit

application for a new disposal area, the applicant shall request a

health officer or the department to provide an advisory analysis of

the proposed disposal area. However, 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, 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 planning agency.

(b) Publish a notice in a newspaper having major circulation

in the vicinity of the proposed disposal area. The required

published notice shall contain a map indicating the location of the

proposed disposal area and shall contain a description of the

proposed disposal area and the location where the complete

application package may be reviewed and where copies may be

obtained.

notice that the department shall hold a public hearing in the area

of the proposed disposal area if a written request is submitted by

the applicant or a municipality 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 to determine if it complies with this part and the

rules promulgated under this part. The review shall be made by

persons qualified in hydrogeology and sanitary landfill

engineering. A written acknowledgment that the application package

is in compliance with the requirements of this part 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 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, 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. The upgrading of a disposal area

type required by the department to comply with this part or the

rules promulgated under this part 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~~ expansion 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 60 days, 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 landfill.

Sec. 11511a. (1) A new coal ash landfill, a new coal ash

impoundment, or a new lateral expansion of a coal ash landfill or

impoundment shall comply with the requirements of R 299.4304, R

299.4305, and R 299.4307 to R 299.4317 of the part 115 rules,

except that the minimum design standard for a new coal ash

landfill, a new coal ash impoundment, or a new lateral expansion of

a coal ash landfill or impoundment pursuant to R 299.4307(4) of the

part 115 rules shall be solely R 299.4307(4)(b) of the part 115

rules and not R 299.4307(4)(a), (c), or (d) of the part 115 rules.

(2) A new coal ash landfill or coal ash impoundment or a new

lateral expansion of a coal ash landfill or coal ash impoundment

shall comply with the location requirements of R 299.4411 to R

299.4413 and R 299.4415 to 299.4418 of the part 115 rules, except

that a new coal ash landfill or coal ash impoundment or a new

lateral expansion of a coal ash landfill or coal ash impoundment

shall maintain a permanent minimum clearance from the bottom of the

primary liner of not less than 5 feet to the natural groundwater

level.

(3) The department shall not issue a construction permit for a

new coal ash landfill or new coal ash impoundment or a new lateral

expansion of a coal ash landfill or coal ash impoundment unless all

of the following apply:

(a) The landfill, impoundment, or expansion, respectively,

complies with subsections (1) and (2), as applicable.

(b) The landfill, impoundment, or expansion, respectively,

complies with R 299.4306 of the part 115 rules.

detection monitoring program in a hydrogeological monitoring plan

that complies with R 299.4440 to R 299.4445 and R 299.4905 to R

299.4908 of the part 115 rules, as applicable. The waiver described

in R 299.4440(2) of the part 115 rules is not available to coal ash

impoundments or coal ash landfills. The constituents monitored in

the detection monitoring program shall include all of the

following:

(i) Boron.

(ii) Calcium.

(iii) Chloride.

(iv) Fluoride.

(v) Iron.

(vi) pH.

(vii) Sulfate.

(viii) Total dissolved solids.

(d) R 299.4440(3) and 299.4440(6) of the part 115 rules do not

apply to coal ash impoundments or coal ash landfills.

(e) Groundwater sampling related to coal ash impoundments or

coal ash landfills shall not be field filtered.

(f) The landfill, impoundment, or expansion, respectively,

complies with 1 of the following:

(i) Section 11519b(2), if applicable.

(ii) Section 11519b(4), if applicable.

(iii) A schedule, issued by the department, of remedial

measures, including a sequence of actions or operations, that leads

to compliance with this part within a reasonable time period but

not more than 2 years after the effective date of the amendatory

act that added this section.

(4) The constituents listed in this section shall be analyzed

by methods specified in "Standard Methods for the Examination of

Water and Wastewater, 19th Edition," published by the United States

Environmental Protection Agency, or by other methods approved by

the director or his or her designee.

Sec. 11512. (1) A person shall dispose of solid waste at a

disposal area licensed under this part unless a person is permitted

by state law or rules promulgated by the department to dispose of

the solid waste at the site of generation. Waste placement in

existing landfill units shall be consistent with past operating

practices or modified practices to ensure good management.

(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 disposal area shall submit a license application to the

department through a certified health department. Existing coal ash

impoundments are exempt from the licensing requirements of this

part through the date that is 2 years after the effective date of

the amendatory act that added section 11511a. 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 to operate more than 1

type of disposal area at the same facility may apply for a single

license.

(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 applicant for a type II landfill shall submit

evidence of financial assurance adequate to meet 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).

(4) At the time of application for a license for a disposal

area, the applicant shall submit to a health officer or the

department 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. Any

applicant for a license for an existing coal ash impoundment is

exempt from the preceding requirement of this subsection but, when

applying for a license, shall submit documentation in the

applicant's possession or control regarding the construction of the

impoundment. If construction of the disposal area or a portion of

the disposal area is not complete, the department shall require

additional construction certification of that portion of the

disposal area during intermediate progression of the operation, as

specified in section 11516(5).

(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.

(6) In order 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.

(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 subsection

(8):

(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.

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 than 3,000 tons per day,

$30,000.00.

(8) Type II landfill application fees shall be based on the

average amount of waste projected to be received daily during the

license period. Application fees for license renewals shall be

based on the average amount of waste received in the previous

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.

than weight shall pay a fee based on 3 cubic yards per ton.

(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.

(9) The operating license application for a type III landfill

shall be accompanied by a fee ~~equal to~~ of $2,500.00.

(10) An application for an operating license by a coal ash

landfill shall be accompanied by a fee of $13,000.00. On the

anniversary of the issuance of the operating license, while the

operating license remains in effect, the coal ash landfill owner or

operator shall pay the department a fee of $13,000.00. If the

anniversary of the issuance of the operating license falls on a

legal holiday, the annual fee shall be paid on the next business

day.

(11) An application for an operating license by a coal ash

impoundment shall be accompanied by a fee of $13,000.00. On the

anniversary of the issuance of the operating license, while the

operating license remains in effect, the coal ash impoundment owner

or operator shall pay the department a fee of $13,000.00. If the

anniversary of the issuance of the operating license falls on a

legal holiday, the annual fee shall be paid on the next business

day.

(12) The department shall deposit the fees collected under

subsections (10) and (11) in the coal ash care fund established in

section 11550.

(13) Upon receipt of a license application for either a coal

ash impoundment or a coal ash landfill, the department shall do all

of the following:

(a) Immediately send notice to the clerk of the municipality

where the disposal area is located and the designated regional

solid waste management planning agency.

(b) Publish a notice in a newspaper having major circulation

in the vicinity of the disposal area.

(14) The notices under subsection (13) shall meet all of the

following requirements:

(a) Include a map indicating the location of the disposal area

and a description of the disposal area.

(b) Specify the location where the complete application

package may be reviewed and where copies may be obtained.

days after the date of publication of the notice.

(d) Indicate that the department shall hold a public hearing

in the area of the disposal area if, within 30 days after the date

of publication of the notice, any of the following occur:

(i) A written request for a hearing is submitted to the

department by the applicant or a municipality.

(ii) A petition requesting a hearing and containing a number

of signatures equal to not less than 10% of the number of

registered electors of the municipality where the disposal area is

located who voted in the last gubernatorial election is submitted

to the department.

(iii) The department determines that there is a significant

public interest in or known public controversy over the application

or that for any other reason a public meeting is appropriate.

(15) The clerk of the municipality shall determine the

validity of a petition referred to in subsection (14)(d). A public

hearing referred to in subsection (14)(d) shall be held after the

department makes a preliminary review of the application and all

pertinent data and before an operating license is issued or denied.

(16) If an application is returned to the applicant as

administratively incomplete, the department shall refund the entire

fee. An applicant for a license, within 12 months after a license

denial or withdrawal of a license application, may resubmit the

application with the additional information as needed to address

the reasons for denial, without being required to pay an additional

application fee.

(17) ~~(10)~~ The operating license application for a solid waste

processing plant, solid waste transfer facility, other disposal

area, or combination of these entities shall be accompanied by a

fee equal to $500.00.

(18) ~~(11) The~~ Except as provided in subsection (12), 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.

(19) ~~(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.

Sec. 11512a. (1) The department shall not issue a license to a

coal ash landfill or a coal ash impoundment unless the applicant

has provided to the department both of the following:

(a) An approved hydrogeological monitoring program that does

both of the following:

(i) Complies with R 299.4440 to R 299.4445, if applicable, and

R 299.4905 to R 299.4908 of the part 115 rules.

(ii) Includes a detection monitoring program that meets the

requirements of section 11511a(3).

(b) All reports and other information required under 40 CFR

257.90 for the preceding 5 years, as applicable. Based on this

information, the department shall determine whether any additional

licensing requirements are necessary for the coal ash landfill or

coal ash impoundment.

(2) The department shall not issue a license to a coal ash

landfill unless the applicant has provided to the department a run-

on and run-off control system plan that complies with 40 CFR

257.81(c)(1) and was prepared and sealed by a registered

professional engineer. This plan shall be revised at least every 5

years in compliance with 40 CFR 257.81(c)(4).

(3) The department shall not issue a license to a coal ash

impoundment unless the applicant has provided to the department an

inflow design flood control system plan that complies with 40 CFR

257.82(c)(1) and was prepared and sealed by a registered

professional engineer. This plan shall be revised at least every 5

years in compliance with 40 CFR 257.82(c)(4).

(4) The department shall not issue a license to a coal ash

landfill or a coal ash impoundment unless that landfill or

impoundment complies with section 11511a(3) and, if applicable,

section 11519b(4) or a schedule, issued by the department, of

remedial measures, including a sequence of actions or operations,

that leads to compliance with this part within a reasonable time

period but not more than 2 years after the effective date of the

amendatory act that added this subsection.

(5) The department shall not issue a license for a coal ash

impoundment that is not a low-hazard-potential coal ash impoundment

unless the applicant has provided to the department an emergency

action plan that complies with 40 CFR 257.74(a)(3) and was prepared

and sealed by a registered professional engineer.

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.

(2) Subsection (1) does not apply to coal ash that is accepted

for disposal at a captive facility that, after the effective date

of the amendatory act that added this subsection, accepts only

nonhazardous industrial waste generated only by the owner of the

landfill or coal ash impoundment or its corporate affiliates.

(3) The department shall take action to enforce this section

within 30 days of obtaining knowledge of a violation of this

section.

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 or

coal ash impoundment 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.~~ USC 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~~ do any of

the following:

(a) Revoke a license. ~~or issue~~

(b) Deny a license to a coal ash impoundment that has not been

previously licensed under this part.

for the ~~facility or operation,~~ landfill or coal ash impoundment,

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~~ more than ~~December 2,~~

~~1987.~~1 year.

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 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) if the licensee is in compliance with this part 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~~ This

subsection does not prohibit the issuance of a license for a

captive facility that is a coal ash impoundment or a coal ash

landfill 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.

(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 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 the reasons why the construction

or certification is not consistent with this part or rules

promulgated under this part or the approved plans.

Sec. 11518. (1) At the time a disposal area that is a sanitary

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,

the state administrative board shall execute the covenant on behalf

of the state. 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 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 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.

In giving authorization, the department shall consider the original

design, type of operation, material deposited, and the stage of

decomposition of the fill. Special exemption from this section may

be granted by the department if the lands involved are federal

lands or if contracts existing between the landowner and the

licensee on January 11, 1979 are not renegotiable.

(2) This part 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.

(3) When a disposal area that is a coal ash impoundment is

licensed under this part, 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 impoundment is located

or is to be located and the department. If the land involved is

owned by this state, the state administrative board shall execute

the covenant on behalf of this state. 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 disposal area is located. The

covenant shall state that the land described in the covenant has

been or will be used as a coal ash impoundment and that neither the

property owners, their servants, agents, or employees, nor any of

their heirs, successors, lessees, or assigns shall engage in

filling, grading, excavating, drilling, or mining on the property

during the first 50 years following completion of the impoundment

without authorization of the department. In giving authorization,

the department shall consider the original design, type of

operation, material deposited, and any removal of the materials as

part of the closure of the impoundment.

(4) An industrial waste landfill may accept industrial waste

of different types and from different generators, but shall not

accept hazardous waste generated by conditionally exempt small

quantity generators.

Sec. 11519a. (1) The owner or operator of an existing coal ash

impoundment or a coal ash impoundment licensed under this part

shall do all of the following:

(a) Comply with R 299.4311 of the part 115 rules.

(b) Ensure that the impoundment is not in violation of part 31

or part 55 and does not create a nuisance.

as applicable.

(d) Comply with the requirements of 40 CFR 257.74(a)(2)

relating to periodic hazard potential classification assessments.

The assessment reports shall be prepared and sealed by a registered

professional engineer.

(e) Maintain on site a history of construction that complies

with 40 CFR 257.74(c)(1)(i) to (xi).

(f) Comply with 40 CFR 257.74(d) regarding periodic structural

stability assessments. The assessment reports shall be certified by

a professional engineer pursuant to R 299.4910(9) of the part 115

rules.

(g) Comply with 40 CFR 257.74(e) regarding periodic safety

factor assessments. The assessment reports shall be certified by a

professional engineer pursuant to R 299.4910(9) of the part 115

rules.

(h) Implement the detection monitoring program required in

sections 11511a(3) and 11512a(1)(b).

(2) The owner or operator of an existing coal ash landfill or

coal ash impoundment or a coal ash landfill or impoundment licensed

under this part shall do all of the following:

(a) Comply with the following requirements consistent with 40

CFR part 257, subpart D:

(i) Recordkeeping and maintaining an operating record.

(ii) Making the operating record publicly available on the

internet.

(iii) Dust control.

(iv) Run-on/run-off control.

(v) Regular and annual inspections.

(vi) Groundwater monitoring.

(vii) Corrective action.

(viii) Closure and postclosure care.

(b) Maintain a fugitive dust plan that complies with 40 CFR

257.80(b) and was prepared and sealed by a registered professional

engineer.

control report in compliance with 40 CFR 257.80(c).

(d) Maintain an up-to-date operating record in compliance with

40 CFR 257.105.

(e) Maintain an up-to-date publicly accessible internet site

in compliance with 40 CFR 257.107.

(3) The owner or operator of an existing coal ash landfill or

a coal ash landfill licensed under this part shall comply with the

inspection requirements of 40 CFR 257.84, as applicable.

(4) Within 1 year after the effective date of the amendatory

act that added this subsection, the owner or operator of an

existing coal ash landfill or existing coal ash impoundment shall

assess whether the landfill or impoundment is located in an

unstable area as defined in R 299.4409 of the part 115 rules. If

the owner or operator determines that the landfill, the

impoundment, or a unit thereof is located in an unstable area, the

owner or operator shall cease placing coal ash into the landfill,

impoundment, or unit and proceed to close the landfill,

impoundment, or unit in compliance with this part and the rules

promulgated under this part.

Sec. 11519b. (1) Placement of coal ash and associated liquids

into an existing coal ash impoundment or coal ash impoundment

licensed under this part is permitted and shall be conducted

consistent with good management practices as defined in section

11519a and this section.

(2) If the detection monitoring required in sections

11511a(3), 11512a(1), and 11519a(1)(h) confirms a statistically

significant increase over background for 1 or more of the

constituents listed in section 11511a(3), the owner and operator of

a coal ash landfill or coal ash impoundment shall comply with R

299.4440 and 299.4441 of the part 115 rules, including, as

applicable, conducting assessment monitoring and preparation of a

response action plan in compliance with R 299.4442 of the part 115

rules. The constituents to be monitored in the assessment

monitoring program shall include those listed in section 11511a(3)

and all of the following:

(a) Antimony.

(b) Arsenic.

(d) Beryllium.

(e) Cadmium.

(f) Chromium.

(g) Cobalt.

(h) Copper.

(i) Lead.

(j) Lithium.

(k) Nickel.

(l) Mercury.

(m) Molybdenum.

(n) Selenium.

(o) Silver.

(p) Thallium.

(q) Vanadium.

(r) Zinc.

(s) Radium 226 and 228 combined.

(3) The constituents listed in this section shall be analyzed

by methods specified in "Standard Methods for the Examination of

Water and Wastewater, 19th edition", published by the United States

Environmental Protection Agency, or by other methods approved by

the director or his or her designee.

(4) If the owner or operator of a coal ash landfill or coal

ash impoundment is obligated to prepare a response action plan, the

owner or operator shall comply with R 299.4442 to R 299.4445 of the

part 115 rules, as applicable.

(5) The owner or operator of a coal ash landfill shall place

landfill cover materials that are described in R 299.4304 of the

part 115 rules over the entire surface of each portion of the final

lift not more than 6 months after the final placement of coal ash

within the landfill or landfill unit.

(6) The owner or operator of a coal ash impoundment shall

begin to implement closure as described in R 299.4309(7) of the

part 115 rules not more than 6 months after the final placement of

coal ash within the impoundment and shall diligently pursue the

closure. The closure shall be completed in compliance with 40 CFR

257.102(f)(1) and (2).

(7) Coal ash impoundments or coal ash landfills may be closed

as a type III landfill pursuant to the applicable rules or by

removal of coal ash from the impoundment as described in this part.

(8) If a coal ash impoundment is closed by the date that is 2

years after the effective date of the amendatory act that added

this section and the department accepts the certification of the

closure, the owner is not required to provide financial assurance

under section 11523 or pay into a perpetual care fund under section

11525.

(9) Closure by removal of coal ash under subsection (7) is

complete when either of the following requirements are met:

(a) The owner or operator certifies compliance with the

requirements of 40 CFR 257.102(c).

(b) The owner or operator certifies that testing confirms that

constituent concentrations remaining in the coal ash impoundment or

landfill unit and any concentrations of soil or groundwater

affected by releases therefrom do not exceed the lesser of the

applicable standards adopted by the department pursuant to section

20120a or the groundwater protection standards established pursuant

to 40 CFR 257.95(h) and the department accepts the certification

or, if the constituent concentrations do exceed those standards,

the department has approved a response action plan consistent with

R 299.4444 and R 299.4445 of the part 115 rules.

(10) Upon completion of the closure by removal under

subsection (9), the financial assurance under section 11523 and

perpetual care fund under section 11525 shall be terminated, the

House Bill No. 6269 as amended December 4, 2018

owner or operator is not required to provide financial assurance or

contribute to a perpetual care fund, and any claim to the assurance

or fund by the department is terminated and released. The

termination and release do not impair the department's authority to

require, whether upon completion of closure under subsection (9)(b)

or subsequently, financial assurance for corrective action as

provided under this act.

Sec. 11519c. (1) If assessment monitoring of an unlined coal

ash impoundment confirms the presence of groundwater contamination

in excess of maximum contaminant levels in effect as provided in

section 6 of the safe drinking water act, 1976 PA 399, MCL

325.1006, [or a groundwater protection standard established under 40 CFR

257.95(h),] the owner or operator of the coal ash impoundment shall

do all of the following:

(a) Notify the department of the confirmation within 14 days.

(b) Cease acceptance of coal ash at the impoundment within 180

days after the confirmation.

the part 115 rules not more than 180 days after such confirmation

and diligently pursue the closure. The closure shall be completed

in compliance with 40 CFR 257.102(c), with 40 CFR 257.102(f)(1) and

(2), or with 40 CFR 257.103.

(d) Prepare a response action plan in compliance with R

299.4442 of the part 115 rules and submit the response action plan

to the department for review and approval. Upon receipt of

department approval, the owner or operator shall implement and

diligently pursue the response action plan and shall comply with R

299.4443 to 299.4445 of the part 115 rules.

(2) For purposes of this section, "unlined coal ash

impoundment" means a coal ash impoundment without a liner as

described in 40 CFR 257.70(b) or another construction or system in

place that is determined by the department to be as protective as a

liner as described in 40 CFR 257.70(b).

Sec. 11523. (1) The department shall not issue a license to

operate a disposal area unless 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 a bond

in an amount equal to $20,000.00 per acre of licensed landfill

within the solid waste boundary. However, the 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 for a period of 30 years after the landfill or any

approved portion is completed. In addition to this bond, a

perpetual care fund shall be maintained under section 11525.

(b) Financial assurance for a type II landfill that is an

existing unit or a new unit 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 application for a type II landfill that is an

existing unit or new unit shall demonstrate financial assurance in

accordance with section 11523a.

impoundment shall be in the form of a bond in an amount equal to

$20,000.00 per acre within the impoundment boundary. However, the

amount of the bond shall not be less than $20,000.00 or more than

$1,000,000.00. The bond shall provide assurance for the maintenance

of the finished coal ash impoundment for a period of 30 years after

the coal ash impoundment or any approved portion is completed. In

addition to the bond, a perpetual care fund shall be maintained

under section 11525.

(d) ~~(c)~~ Financial assurance established for a solid waste

transfer facility, 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 continued in

effect for a period of 2 years after the disposal area is closed.

(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 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 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.

(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 request that the department

terminate the bond. The department shall approve termination of the

bond within 60 days after the request is made if all waste and

waste residues have been removed from the disposal area and closure

is certified.

(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

the closure and postclosure monitoring and maintenance requirements

of this part and the rules promulgated under this part 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 and provide an opportunity for a

hearing. This subsection does not apply to a perpetual care fund

bond.

(5) Under the terms of a surety bond, letter of credit,

insurance policy, or perpetual care fund bond, the issuing

institution shall 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.

(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).

(9) Prior to 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.

(10) If an owner or operator of a disposal area fulfills the

financial assurance requirements of this part 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 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.

Sec. 11523a. (1) Effective April 9, 1997, the department shall

not issue a license to operate a type II landfill unless the

applicant demonstrates that for any new unit or existing unit at

the facility, the combination of the perpetual care fund

established under section 11525, bonds, 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, 70% of the closure,

postclosure, and corrective action cost estimate. For applications

for a license to operate submitted to the department after the date

that is 2 years after the effective date of the amendatory act that

added section 11511a, an applicant that demonstrates that it meets

the requirements of R 299.9709 of the Michigan Administrative Code

may utilize the financial test under that rule for an amount not

exceeding 95% of the closure, postclosure, and corrective action

cost estimate.

(2) An applicant may demonstrate compliance with this section

by submitting evidence, with a form consistent with this part 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 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 dollars, adjusted for inflation and partial closures, if any,

as specified in subsections (4) and (5):

(i) A base cost of $20,000.00 per acre to construct a

compacted soil final cover using on-site material.

(ii) A supplemental cost of $20,000.00 per acre, to install a

synthetic cover liner, if required by rules under this part.

(iii) A supplemental cost of $5,000.00 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 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.

(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):

(i) A final cover maintenance cost of $200.00 per acre per

year.

(ii) A leachate disposal cost of $100.00 per acre per year.

(iii) A leachate transportation cost of $1,000.00 per acre per

year, if leachate is required to be transported off-site for

treatment.

(iv) A groundwater monitoring cost of $1,000.00 per monitoring

well per year.

(v) A gas monitoring cost of $100.00 per monitoring point per

year, for monitoring points used to detect landfill gas at or

beyond the facility property boundary.

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 with this part.

(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 the

following:

(a) For closure, 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 with the approved closure

plan. The closure cost estimate may not incorporate any salvage

value that may be realized by the sale of structures, land,

equipment, or other assets associated with the facility at the time

of final closure.

(b) For postclosure, the cost to conduct postclosure

maintenance and monitoring in accordance with the approved

postclosure plan for the entire postclosure period.

(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 shall be adjusted for

inflation by multiplying the cost estimate by an inflation factor

derived from the most recent United States ~~department~~ Department of

the ~~interior, bureau~~ Interior, Bureau of ~~reclamation~~ Reclamation

composite index published by the United States ~~department~~

Department of ~~commerce~~ 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 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 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 with the request a certification under the seal of a

licensed professional engineer that certifies 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.

(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

a certification under the seal of a licensed professional engineer

that closure of that landfill unit has been fully completed in

accordance with the approved closure plan for the landfill. Within

60 days of receiving a certification under this subsection, 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 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 with this part, the rules promulgated under

this part, or an approved closure plan.

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 with the approved postclosure plan. The

department shall, within 60 days of receiving a cost estimate

reduction request grant written approval or issue a written denial

stating the reason for denial. The department shall grant 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 department denies the request and the

written denial states that the owner or operator has not performed

the specific tasks consistent with this part, rules promulgated

under this part, and an approved plan.

(6) The owner or operator of a landfill subject to this

section may request a reduction in the amount of one 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 or coal

ash impoundment 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 or coal ash

impoundment 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).

(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 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.

(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.

(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.

(7) The owner or operator shall receive all interest or

earnings from a trust fund or escrow account upon its termination.

(8) ~~For purposes of~~ As used in this section, ~~the term~~

"custodian" means the trustee of a trust fund or escrow agent of an

escrow account.

Sec. 11525. (1) The owner or operator of a landfill or coal

ash impoundment shall establish and maintain a perpetual care fund

for a period of 30 years after final closure of the landfill or

coal ash impoundment 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 and type III landfills and coal ash

impoundments under ~~section~~ sections 11523 and ~~section~~ 11523a.

(2) Except as otherwise provided in this section, the owner or

operator of a landfill shall increase the amount of his or her

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,

the maximum required fund amount for a landfill or coal ash

impoundment is $1,156,000.00. This amount shall be annually

adjusted for inflation and rounded to the nearest thousand. The

department shall adjust the maximum required fund amount for

inflation annually by multiplying the amount by an inflation factor

derived from the most recent ~~bureau~~ United States Department of the

Interior, Bureau of ~~reclamation~~ Reclamation composite index

published by the United States ~~department~~ Department of ~~commerce~~

Commerce or another index more representative of the costs of

closure and postclosure monitoring and maintenance as determined

appropriate by the department. 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.

(3) The owner or operator of a landfill or coal ash

impoundment 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:~~or coal ash impoundment after the effective

date of the amendatory act that added section 11511a until the fund

reaches the maximum required fund amount under subsection (2):

(a) Coal ash, wood ash, or cement kiln dust that is disposed

of in a landfill that is used only for the disposal of coal ash,

wood ash, or cement kiln dust, or a combination of these materials,

or that is permanently segregated in a landfill.

(b) Wastewater treatment sludge or sediments from wood pulp or

paper producing industries that is disposed of in a landfill that

is used only for the disposal of wastewater treatment sludge and

sediments from wood pulp or paper producing industries, or that is

permanently segregated in a landfill.

department for use as daily cover at an operating landfill, that is

disposed of in a landfill that is used only for the disposal of

foundry sand, or that is permanently segregated in a landfill.

(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) 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.

(5) The amount of a perpetual care fund is not required to be

increased for materials that are regulated under part 631.

(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.

(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 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 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.

(8) The custodian of a perpetual care fund shall not disburse

any funds to the owner or operator of a landfill or coal ash

impoundment 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

or coal ash impoundment shall provide notice of requests for

disbursement and 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 or coal ash impoundment may

request disbursement of funds from a perpetual care fund whenever

the amount of money in the fund exceeds the maximum required fund

amount. 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:

(a) For those landfills or coal ash impoundments 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).

(9) If the owner or operator of a landfill or coal ash

impoundment 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 draw on a perpetual care fund for administrative

costs associated with actions taken under this subsection.

(10) Upon approval by the department of a request to terminate

financial assurance for a landfill or coal ash impoundment under

section 11525b, any money in the perpetual care fund for that

landfill or coal ash impoundment shall be disbursed by the

custodian to the owner of the landfill or coal ash impoundment

unless a contract between the owner and the operator ~~of the~~

~~landfill~~ provides otherwise.

(11) The owner of a landfill or coal ash impoundment shall

provide notice to the custodian of the perpetual care fund for that

landfill or coal ash impoundment if there is a change of ownership

of the landfill. The custodian shall maintain records of ownership

of a landfill or coal ash impoundment during the period of

existence of the perpetual care fund.

(12) This section does not relieve an owner or operator of a

landfill or coal ash impoundment of any liability that he or she

may have under this part or as otherwise provided by law.

(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 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 or coal

ash impoundment unless a contract between the owner and operator of

~~the landfill~~ specifies otherwise.

(16) An owner or operator of a landfill or coal ash

impoundment who 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

with instructions from the director. 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), 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).

(b) Annual accounting valuations as required in subsection

(7).

Sec. 11525a. (1) The owner or operator of a landfill or coal

ash impoundment shall pay a surcharge as follows:

(a) ~~Except as provided in subdivision (b),~~ For a landfill or

coal ash impoundment that is not a captive facility, 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 or coal ash impoundment before October 1, 2019.

(b) For a type III ~~landfills~~ landfill or coal ash impoundment

that ~~are~~ is a captive ~~facilities,~~ facility, the following annual

amounts:

(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 owner or operator of a landfill or coal ash

impoundment that is not a captive facility shall pay the surcharge

under subsection (1)(a) within 30 days after the end of each

quarter of the state fiscal year. The owner or operator of a type

III landfill or coal ash impoundment that is a captive facility

shall pay the surcharge under subsection (1)(b) by January 31 of

each year.

(3) The owner or operator of a landfill or coal ash

impoundment 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 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 disposal area

shall provide continuous financial assurance coverage until

released from these requirements by the department under the

provisions of this part.

(2) The owner or operator of a landfill or coal ash

impoundment who has completed postclosure maintenance and

monitoring ~~of the landfill~~ in accordance with this part, rules

promulgated under this part, and approved postclosure plan may

request that financial assurance required by sections 11523 and

11523a be terminated. A person requesting termination of bonding

and financial assurance shall submit to the department a statement

that the landfill or coal ash impoundment has been monitored and

maintained in accordance with this part, rules promulgated under

this part, and the approved postclosure plan for the postclosure

period specified in section 11523 and shall certify that the

landfill or coal ash impoundment is not subject to corrective

action under section 11515. Within 60 days of 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).

(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

with this part, the rules promulgated under this part, or an

approved postclosure plan.

Sec. 11528. (1) A solid waste transporting unit used for

garbage, 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.

(3) The department, a health officer, or a law enforcement

officer may order a solid waste transporting unit out of service if

the unit does not ~~satisfy~~ comply with the requirements of this part

or the rules promulgated under this part. Continued use of a solid

waste transporting unit ordered out of service is a violation of

this part.

Sec. 11538. (1) Not later than September 11, 1979, the

director shall promulgate rules for the development, form, and

submission of initial solid waste management plans. The rules shall

require all of the following:

(a) The establishment of goals and objectives for prevention

of adverse effects on the public health and on the environment

resulting from improper solid waste collection, processing, or

disposal including protection of surface and groundwater quality,

air quality, and the land.

(b) An evaluation of waste problems by type and volume,

including residential and commercial solid waste, hazardous waste,

industrial sludges, pretreatment residues, municipal sewage sludge,

air pollution control residue, and other wastes from industrial or

municipal sources.

economically feasible solid waste management options, which may

include sanitary landfill, resource recovery systems, resource

conservation, or a combination of options.

(d) An inventory and description of all existing facilities

where solid waste is being treated, processed, or disposed of,

including a summary of the deficiencies, if any, of the facilities

in meeting current solid waste management needs.

(e) The encouragement and documentation as part of the solid

waste management plan, of all opportunities for participation and

involvement of the public, all affected agencies and parties, and

the private sector.

(f) That the solid waste management plan contain enforceable

mechanisms for implementing the plan, including identification of

the municipalities within the county responsible for the

enforcement and may contain a mechanism for the county and those

municipalities to assist the department and the state police in

implementing and conducting the inspection program established in

section 11526(2) and (3). This subdivision does not preclude the

private sector's participation in providing solid waste management

services consistent with the solid waste management plan for the

county.

(g) Current and projected population densities of each county

and identification of population centers and centers of solid waste

generation, including industrial wastes.

(h) That the solid waste management plan area has, and will

have during the plan period, access to a sufficient amount of

available and suitable land, accessible to transportation media, to

accommodate the development and operation of solid waste disposal

areas, or resource recovery facilities provided for in the plan.

(i) That the solid waste disposal areas or resource recovery

facilities provided for in the solid waste management plan are

capable of being developed and operated in compliance with state

law and rules of the department pertaining to protection of the

public health and the environment, considering the available land

in the plan area, and the technical feasibility of, and economic

costs associated with, the facilities.

(j) A timetable or schedule for implementing the solid waste

management plan.

(2) Each solid waste management plan shall identify specific

sites for solid waste disposal areas for a 5-year period after

approval of a plan or plan update. In calculating disposal need

requirements to measure compliance with this section, only those

existing waste stream volume reduction levels achieved through

source reduction, reuse, composting, recycling, or incineration, or

any combination of these reduction devices, that can currently be

demonstrated or that can be reasonably expected to be achieved

through currently active implementation efforts for proposed volume

reduction projects, may be assumed by the planning entity. In

addition, if the solid waste management plan does not also identify

specific sites for solid waste disposal areas for the remaining

portion of the entire planning period required by this part after

approval of a plan or plan update, the solid waste management plan

shall include an interim siting mechanism and an annual

certification process as described in subsections ~~(3)~~ (4) and ~~(4).~~

(5). In calculating the capacity of identified disposal areas to

determine if disposal needs are met for the entire required

planning period, full achievement of the solid waste management

plan's volume reduction goals may be assumed by the planning entity

if the plan identifies a detailed programmatic approach to

achieving these goals. If a siting mechanism is not included, and

disposal capacity falls to less than 5 years of capacity, a county

shall amend the solid waste management plan for that county to

resolve the shortfall.

(3) An existing captive type III coal ash landfill or existing

captive coal ash impoundment, or both, is considered consistent

with and included in the solid waste management plan for the county

or region in which the disposal area is located if the disposal

area continues to accept waste generated only by the owner of the

disposal area and meets any of the following requirements:

(a) Was issued a construction permit and licensed for

operation under this part.

(b) Met local land use law requirements when initially sited

or constructed.

(4) ~~(3)~~ An interim siting mechanism shall include both a

process and a set of minimum siting criteria, both of which are not

subject to interpretation or discretionary acts by the planning

entity, and which if met by an applicant submitting a disposal area

proposal, will guarantee a finding of consistency with the plan.

The interim siting mechanism shall be operative upon the call of

the board of commissioners or shall automatically be operative

whenever the annual certification process shows that available

disposal capacity will provide for less than 66 months of disposal

needs. In the latter event, applications for a finding of

consistency from the proposers of disposal area capacity will be

received by the planning agency commencing on January 1 following

completion of the annual certification process. Once operative, an

interim siting mechanism will remain operative for at least 90 days

or until more than 66 months of disposal capacity is once again

available, either by the approval of a request for consistency or

by the adoption of a new annual certification process which

concludes that more than 66 months of disposal capacity is

available.

(5) ~~(4)~~ An annual certification process shall be concluded by

June 30 of each year, commencing on the first June 30 which is more

than 12 months after the department's approval of the solid waste

management plan or plan update. The certification process will

examine the remaining disposal area capacity available for solid

wastes generated within the planning area. In calculating disposal

need requirements to measure compliance with this section, only

those existing waste stream volume reduction levels achieved

through source reduction, reuse, composting, recycling, or

incineration, or any combination of these reduction devices, that

can currently be demonstrated or that can be reasonably expected to

be achieved through currently active implementation efforts for

proposed volume reduction projects, may be assumed. The annual

certification of disposal capacity shall be approved by the board

of commissioners. Failure to approve an annual certification by

June 30 is equivalent to a finding that less than a sufficient

amount of capacity is available and the interim siting mechanism

will then be operative on the first day of the following January.

As part of the department's responsibility to act on construction

permit applications, the department has final decision authority to

approve or disapprove capacity certifications and to determine

consistency of a proposed disposal area with the solid waste

management plan.

(6) ~~(5)~~ A board of commissioners may adopt a new certification

of disposal capacity at any time. A new certification of disposal

capacity shall supersede all previous certifications, and become

effective 30 days after adoption by the board of commissioners and

remain in effect until subsequent certifications are adopted.

(7) ~~(6)~~ In order for a disposal area to serve the disposal

needs of another county, state, or country, the service, including

the disposal of municipal solid waste incinerator ash, must be

explicitly authorized in the approved solid waste management plan

of the receiving county. With regard to intercounty service within

Michigan, the service must also be explicitly authorized in the

solid waste management plan of the exporting county.

(8) ~~(7)~~ A person shall not dispose of, store, or transport

solid waste in this state unless the person complies with the

requirements of this part.

(9) ~~(8)~~ An ordinance, law, rule, regulation, policy, or

practice of a municipality, county, or governmental authority

created by statute, which prohibits or regulates the location or

development of a solid waste disposal area, and which is not part

of or not consistent with the approved solid waste management plan

for the county, shall be considered in conflict with this part and

shall not be enforceable.

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.

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) A disposal area permitted, licensed, or otherwise in

existence on the date of approval of the solid waste management

plan for the planning area where the disposal area is located shall

be considered to be consistent with the plan and included in the

plan.

(3) ~~(2)~~ The director may promulgate rules as may be necessary

to implement this section.

Sec. 11542. (1) Except as provided in subsection (5) and

except for municipal solid waste incinerator ash that is described

and used as provided in section 11506(6)(h), municipal solid waste

incinerator ash shall be disposed of in 1 of the following:

(a) A landfill that meets all of the following requirements:

(i) The landfill is in compliance with this part and the rules

promulgated under this part.

(ii) The landfill is used exclusively for the disposal of

municipal solid waste incinerator ash.

(iii) The landfill design includes all of the following in

descending order according to their placement in the landfill:

(A) A leachate collection system.

(B) A synthetic liner at least 60 mils thick.

hydraulic conductivity of 1 x 10-⁷ centimeters per second.

(D) A leak detection and leachate collection system.

(E) A compacted clay liner at least 3 feet thick with a

maximum hydraulic conductivity of 1 x 10-⁷ centimeters per second

or a synthetic liner at least 40 mils thick.

(b) A landfill that meets all of the following requirements:

(i) The landfill is in compliance with this part and the rules

promulgated under this part.

(ii) The landfill is used exclusively for the disposal of

municipal solid waste incinerator ash.

(iii) The landfill design includes all of the following in

descending order according to their placement in the landfill:

(A) A leachate collection system.

(B) A composite liner, as defined in R 299.4102 of the

~~Michigan administrative code.~~part 115 rules.

(D) A second composite liner.

(iv) If contaminants that may threaten the public health,

safety, or welfare, or the environment are found in the leachate

collection system described in subparagraph (iii)(C), the owner or

operator of the landfill shall determine the source and nature of

the contaminants and make repairs, to the extent practicable, that

will prevent the contaminants from entering the leachate collection

system. If the department determines that the source of the

contaminants is caused by a design failure of the landfill, the

department, notwithstanding an approved construction permit or

operating license, may require landfill cells at that landfill that

will be used for the disposal of municipal solid waste incinerator

ash, which are under construction or will be constructed in the

future at the landfill, to be constructed in conformance with

improved design standards approved by the department. However, this

subparagraph does not require the removal of liners or leak

detection and leachate collection systems that are already in place

in a landfill cell under construction.

299.4104 of the ~~Michigan administrative code,~~ part 115 rules, and

that meets all of the following requirements:

(i) The landfill is in compliance with this part and the rules

promulgated under this part.

(ii) The landfill is used exclusively for the disposal of

municipal solid waste incinerator ash.

(iii) The landfill design includes all of the following in

descending order according to their placement in the landfill:

(A) A leachate collection system.

(B) A synthetic liner at least 60 mils thick.

compacted clay with a maximum hydraulic conductivity of 1 x 10-⁷

centimeters per second or a bentonite geocomposite liner, as

specified in R 299.4914 of the ~~Michigan administrative code.~~part

115 rules.

(D) At least 10 feet of either natural or compacted clay with

a maximum hydraulic conductivity of 1 x 10-⁷ centimeters per

second, or equivalent.

(d) A landfill with a design approved by the department that

will prevent the migration of any hazardous constituent into the

groundwater or surface water at least as effectively as the design

requirements of subdivisions (a) to (c).

(e) A type II landfill, as described in R 299.4105 of the

~~Michigan administrative code,~~ part 115 rules if both of the

following conditions apply:

(i) The ash was generated by a municipal solid waste

incinerator that is designed to burn at a temperature in excess of

2500 degrees Fahrenheit.

(ii) The ash from any individual municipal solid waste

incinerator is disposed of pursuant to this subdivision for a

period not to exceed 60 days.

(2) Except as provided in subsection (3), a landfill that is

constructed pursuant to the design described in subsection (1)

shall be capped following its closure by all of the following in

descending order:

(a) Six inches of top soil with a vegetative cover.

(b) Two feet of soil to protect against animal burrowing,

temperature, erosion, and rooted vegetation.

(d) A synthetic liner at least 30 mils thick.

(e) Two feet of compacted clay with a maximum hydraulic

conductivity of 1 x 10-⁷ centimeters per second.

(3) A landfill that receives municipal solid waste incinerator

ash under this section may be capped with a design approved by the

department that will prevent the migration of any hazardous

constituent into the groundwater or surface water at least as

effectively as the design requirements of subsection (2).

(4) If leachate is collected from a landfill under this

section, the leachate shall be monitored and tested in accordance

with this part and the rules promulgated under this part.

(5) As an alternative to disposal described in subsection (1),

the owner or operator of a municipal solid waste incinerator may

process municipal solid waste incinerator ash through mechanical or

chemical methods, or both, to substantially diminish the toxicity

of the ash or its constituents or limit the leachability of the ash

or its constituents to minimize threats to human health and the

environment, if processing is performed on the site of the

municipal solid waste incinerator or at the site of a landfill

described in subsection (1), if the process has been approved by

the department as provided by rule, and if the ash is tested after

processing in accordance with a protocol approved by the department

as provided by rule. The department shall approve the process and

testing protocol under this subsection only if the process and

testing protocol will protect human health and the environment. In

making this determination, the department shall consider all

potential pathways of human and environmental exposure, including

both short-term and long-term, to constituents of the ash that may

be released during the reuse or recycling of the ash. The

department shall consider requiring methods to determine the

leaching, total chemical analysis, respirability, and toxicity of

reused or recycled ash. A leaching procedure shall include testing

under both acidic and native conditions. If municipal solid waste

incinerator ash is processed in accordance with the requirements of

this subsection and the processed ash satisfies the testing

protocol approved by the department as provided by rule, the ash

may be disposed of in a municipal solid waste landfill, as defined

by R 299.4104 of the ~~Michigan administrative code,~~ part 115 rules,

licensed under this part or may be used in any manner approved by

the department. If municipal solid waste incinerator ash is

processed as provided in this subsection, but does not ~~satisfy~~

comply with the testing protocol approved by the department as

provided by rule, the ash shall be disposed of in accordance with

subsection (1).

(6) The disposal of municipal solid waste incinerator ash

within a landfill that is in compliance with subsection (1) does

not constitute a new proposal for which a new construction permit

is required under section 11509, if a construction permit has

previously been issued under section 11509 for the landfill and the

owner or operator of the landfill submits 6 copies of an operating

license amendment application to the department for approval

pursuant to part 13. The operating license amendment application

shall include revised plans and specifications for all facility

modifications including a leachate disposal plan, an erosion

control plan, and a dust control plan which shall be part of the

operating license amendment. The dust control plan shall contain

sufficient detail to ensure that dust emissions are controlled by

available control technologies that reduce dust emissions by a

reasonably achievable amount to the extent necessary to protect

human health and the environment. The dust control plan shall

provide for the ash to be wet during all times that the ash is

exposed to the atmosphere at the landfill or otherwise to be

covered by daily cover material; for dust emissions to be

controlled during dumping, grading, loading, and bulk transporting

of the ash at the landfill; and for dust emissions from access

roads within the landfill to be controlled. With the exception of a

landfill that is in existence on June 12, 1989 that the department

determines is otherwise in compliance with this section, the owner

or operator of the landfill shall obtain the operating license

amendment prior to initiating construction. Prior to operation, the

owner or operator of a landfill shall submit to the department

certification from a licensed professional engineer that the

landfill has been constructed in accordance with the approved plan

and specifications. When the copies are submitted to the

department, the owner or operator of the landfill shall send a copy

of the operating license amendment application to the municipality

where the landfill is located. At least 30 days prior to making a

final decision on the operating license amendment, the department

shall hold at least 1 public meeting in the vicinity of the

landfill to receive public comments. Prior to a public meeting, the

department shall publish notice of the meeting in a newspaper

serving the local area.

(7) The owner or operator of a municipal solid waste

incinerator or a disposal area that receives municipal solid waste

incinerator ash shall allow the department access to the facility

for the purpose of supervising the collection of samples or

obtaining samples of ash to test or to monitor air quality at the

facility.

(8) As used in subsection (1), "landfill" means a landfill or

a specific portion of a landfill.

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.

(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.

(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 program or its implementation or

enforcement.

(b) Reviewing and acting on any application for a permit or

license, permit or license revision, or permit or license renewal,

including the cost of public notice and public hearings.

(d) General administrative costs of running the permit and

license program, including permit and license tracking and data

entry.

(e) Inspection of licensed disposal areas and open dumps.

(f) Implementing and enforcing the conditions of any permit or

license.

(g) Groundwater monitoring audits at disposal areas which are

or have been licensed under this part.

(h) Reviewing and acting upon corrective action plans for

disposal areas which are or have been licensed under this part.

(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 under this part.

(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:

(a) Postclosure maintenance and monitoring at a disposal area

where 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 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 reasonable

efforts to obtain funding from other sources.

(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, compliance, and enforcement

activities.

(b) All of 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.

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 corrective actions 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 and the coal ash care fund at the end of the

fiscal year.

(7) The coal ash care 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.

(8) Money shall be expended from the coal ash care fund, upon

appropriation, only for the following purposes relating to coal ash

impoundments and coal ash landfills:

(a) Preparing generally applicable guidance regarding the

solid waste permit and license program or its implementation or

enforcement.

(b) Reviewing and acting on any application for a permit or

license, permit or license revision, or permit or license renewal,

including the cost of public notice and public hearings.

(d) General administrative costs of running the permit and

license program, including permit and license tracking and data

entry.

(e) Inspection of licensed disposal areas and open dumps.

(f) Implementing and enforcing the conditions of any permit or

license.

(g) Groundwater monitoring audits at disposal areas that are

or have been licensed under this part.

(h) Reviewing and acting upon corrective action plans for

disposal areas that are or have been licensed under this part.

(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 that are or have been licensed under this part.