HB-6122, As Passed Senate, December 19, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6122

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11506 (MCL 324.11506), as amended by 2014 PA

178.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,

incinerator ash, incinerator residue, street cleanings, municipal

and industrial sludges, solid commercial waste, solid industrial

waste, and animal waste. However, solid waste does not include the

following:

(a) Human body waste.

(b) Medical waste.

poultry.

(d) Liquid waste.

(e) Ferrous or nonferrous scrap directed to a scrap metal

processor or to a reuser of ferrous or nonferrous products.

(f) Slag or slag products directed to a slag processor or to a

reuser of slag or slag products.

(g) Sludges and ashes managed as recycled or nondetrimental

materials appropriate for agricultural or silvicultural use

pursuant to a plan approved by the department.

(h) The following materials that are used as animal feed, or

are applied on, or are composted and applied on, farmland or

forestland for an agricultural or silvicultural purpose at an

agronomic rate consistent with GAAMPS:

(i) Food processing residuals and garbage.

(ii) Precipitated calcium carbonate from sugar beet

processing.

(iii) Wood ashes resulting solely from a source that burns

only wood that is untreated and inert.

(iv) Lime from kraft pulping processes generated prior to

bleaching.

(v) Aquatic plants.

(i) Materials approved for emergency disposal by the

department.

(j) Source separated materials.

(k) Site separated material.

(l) Coal ash, when used under any of the following

circumstances:

(i) As a component of concrete, grout, mortar, or casting

molds, if the coal ash does not have more than 6% unburned carbon.

(ii) As a raw material in asphalt for road construction, if

the coal ash does not have more than 12% unburned carbon and passes

Michigan test method for water asphalt preferential test, MTM 101,

as set forth in the state transportation department's manual for

the Michigan test methods (MTM).

(iii) As aggregate, road material, or building material that

in ultimate use is or will be stabilized or bonded by cement,

limes, or asphalt, or itself act as a bonding agent. To be

considered to act as a bonding agent, the coal ash must have at

least 10% available lime.

(iv) As a road base or construction fill that is placed at

least 4 feet above the seasonal groundwater table and covered with

asphalt, concrete, or other material approved by the department.

(m) Inert material.

(n) Soil that is washed or otherwise removed from sugar beets,

has not more than ~~35%~~ 55% moisture content, and is registered as a

soil conditioner under part 85. Any testing required to become

registered under part 85 is the responsibility of the generator.

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

(p) Diverted waste that is managed through a waste diversion

center.

(q) Beneficial use by-products.

(r) Coal bottom ash, if substantially free of fly ash or

economizer ash, when used as cold weather road abrasive.

(s) Stamp sands when used as cold weather road abrasive in the

Upper Peninsula by any of the following:

(i) A public road agency.

(ii) Any other person pursuant to a plan approved by a public

road agency.

(t) Any material that is reclaimed or reused in the process

that generated it.

(u) Any secondary material that, as specified in or determined

pursuant to 40 CFR part 241, is not a solid waste when combusted.

(v) Other wastes regulated by statute.

(2) "Solid waste hauler" means a person who owns or operates a

solid waste transporting unit.

(3) "Solid waste processing plant" means a tract of land,

building, unit, or appurtenance of a building or unit or a

combination of land, buildings, and units that is used or intended

for use for the processing of solid waste or the separation of

material for salvage or disposal, or both, but does not include a

plant engaged primarily in the acquisition, processing, and

shipment of ferrous or nonferrous metal scrap, or a plant engaged

primarily in the acquisition, processing, and shipment of slag or

slag products.

(4) "Solid waste transporting unit" means a container, which

may be an integral part of a truck or other piece of equipment used

for the transportation of solid waste.

(5) "Solid waste transfer facility" means a tract of land, a

building and any appurtenances, or a container, or any combination

of land, buildings, or containers that is used or intended for use

in the rehandling or storage of solid waste incidental to the

transportation of the solid waste, but is not located at the site

of generation or the site of disposal of the solid waste.

(6) "Source separated material" means any of the following

materials if separated at the source of generation and not

speculatively accumulated:

(a) Glass, metal, wood, paper products, plastics, rubber,

textiles, garbage, or any other material approved by the department

that is used for conversion into raw materials or new products. For

the purposes of this subdivision, raw materials or new products

include, but are not limited to, compost, biogas from anaerobic

digestion, ~~synthetic~~ synthesis gas from gasification or pyrolysis,

or other fuel. This subdivision does not ~~prevent~~ prohibit material

from being classified as a renewable energy resource as defined in

section 11 of the clean , and renewable , energy and ~~efficient~~

energy waste reduction act, 2008 PA 295, MCL 460.1011.

(b) Scrap wood and railroad ties used to fuel an industrial

boiler, kiln, power plant, or furnace, subject to part 55, for

production of new wood products, or for other uses approved by the

department.

kiln, power plant, or furnace, subject to part 55, or for other

uses approved by the department. This subdivision does not ~~prevent~~

prohibit material from being classified as a renewable energy

resource as defined in section 11 of the clean , and renewable ,

energy and ~~efficient~~ energy waste reduction act, 2008 PA 295, MCL

460.1011.

(d) Recovered paint solids if used to fuel an industrial

boiler, kiln, power plant, or furnace, subject to part 55, or if

used for other uses approved by the department.

(e) Gypsum drywall generated from the production of wallboard

used for stock returned to the production process or for other uses

approved by the department.

(f) Flue gas desulfurization gypsum used for production of

cement or wallboard or other uses approved by the department.

(g) Asphalt shingles that do not contain asbestos, rolled

roofing, or tar paper used as a component in asphalt or used to

fuel an industrial boiler, kiln, power plant, or furnace, subject

to part 55, or for other uses approved by the department.

(h) Municipal solid waste incinerator ash that meets criteria

specified by the department and that is used as daily cover at a

disposal facility licensed pursuant to this part.

(i) Utility poles or pole segments reused as poles, posts, or

similar uses approved by the department in writing.

(j) Railroad ties reused in landscaping, embankments, or

similar uses approved by the department in writing.

(k) Any materials and uses approved by the department under

section 11553(8).

(l) Any material determined by the department in writing ~~prior~~

~~to the effective date of the 2014 amendatory act that added this~~

~~subdivision~~ before September 16, 2014 to be a source separated

material.

(7) "Stamp sands" means finely grained crushed rock resulting

from mining, milling, or smelting of copper ore and includes native

substances contained within the crushed rock and any ancillary

material associated with the crushed rock.

(8) "Treated wood" means wood or wood product that has been

treated with 1 or more of the following:

(a) Chromated copper arsenate (CCA).

(b) Ammoniacal copper quat (ACQ).

(d) Any other chemical designated in rules promulgated by the

department.

(9) "Trust fund" means a fund held by a trustee who has the

authority to act as a trustee and whose trust operations are

regulated and examined by a federal or state agency.

(10) "Type I public water supply", "type IIa public water

supply", "type IIb public water supply", and "type III public water

supply" mean those terms, respectively, as described in R 325.10502

of the Michigan ~~administrative code.~~Administrative Code.

(11) "Waste diversion center" means property or a building, or

a portion of property or a building, designated for the purpose of

receiving or collecting diverted wastes and not used for

residential purposes.

(12) "Wood" means trees, branches and associated leaves, bark,

lumber, pallets, wood chips, sawdust, or other wood or wood product

but does not include scrap wood, treated wood, painted wood or

painted wood product, or any wood or wood product that has been

contaminated during manufacture or use.

(13) "Wood ash" means any type of ash or slag resulting from

the burning of wood.

(14) "Yard clippings" means leaves, grass clippings, vegetable

or other garden debris, shrubbery, or brush or tree trimmings, less