June 6, 2018, Introduced by Reps. Barrett, LaFave and Frederick and referred to the Committee on Agriculture.
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.
(c) Organic waste generated in the production of livestock and
poultry.
(d) Liquid waste.
(e) Ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products.
(f) Slag or slag products directed to a slag processor or to a
reuser of slag or slag products.
(g) Sludges and ashes managed as recycled or nondetrimental
materials appropriate for agricultural or silvicultural use
pursuant to a plan approved by the department.
(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% 50% 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.
(c) Chipped or whole tires used to fuel an industrial boiler,
kiln, power plant, or furnace, subject to part 55, or for other
uses
approved by the department. This subdivision does not prevent
prohibit material from being classified as a renewable energy
resource
as defined in section 11 of the clean
, and renewable ,
energy
and efficient energy waste reduction act, 2008 PA 295, MCL
460.1011.
(d) Recovered paint solids if used to fuel an industrial
boiler, kiln, power plant, 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).
(c) Ammoniacal copper zinc arsenate (ACZA).
(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
than 4 feet in length and 2 inches in diameter, that can be
converted
to compost. humus. Yard clippings do not include stumps,
agricultural wastes, animal waste, roots, sewage sludge, or
garbage.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.