June 12, 2018, Introduced by Reps. Howell, LaFave, Rendon, Cole and Whiteford and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11502, 11503, 11504, 11505, 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, and
11519a.
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.
(c) Road shoulder material that does not exceed 4 feet in
thickness except for areas where exceedances are incidental to
variations in existing topography, is placed at least 4 feet above
the seasonal groundwater table, does not come into contact with a
surface water body, is sloped, and is covered by asphalt pavement,
concrete, 6 inches of gravel, or other material approved by the
department.
(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.
(c) To stabilize, neutralize, solidify, cap, or otherwise
remediate hazardous substances or contaminants as part of a
response activity in compliance with part 201, part 213, or the
comprehensive environmental response, compensation and liability
act of 1980, 42 USC 9601 to 9657, 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.
(c) Mixed wood ash used for beneficial use 1, 2, 3, or 4.
(d) Cement kiln dust used as a flue gas scrubbing reagent or
for beneficial use 1, 2, 3, or 4.
(e) Lime kiln dust used as a flue gas scrubbing reagent or for
beneficial use 1, 2, 3, or 4.
(f) Stamp sands used for beneficial use 1 or 2.
(g) Foundry sand from ferrous or aluminum foundries used for
beneficial use 1, 2, 3, 4, or 5.
(h) Pulp and paper mill material, other than the following,
used for beneficial use 3:
(i) Rejects, from screens, cleaners, and mills dispersion
equipment, containing more than de minimis amounts of plastic.
(ii) Scrap paper.
(i) Spent media from sandblasting, with uncontaminated sand,
newly manufactured, unpainted steel used for beneficial use 1 or 2.
(j) Dewatered concrete grinding slurry from public
transportation agency road projects used for beneficial use 1, 2,
3, or 4.
(k) Lime softening residuals from the treatment and
conditioning of water for domestic use or from a community water
supply used for beneficial use 3 or 4.
(l) Soil washed or otherwise removed from sugar beets that is
used for beneficial use 3.
(m) Segregated flue gas desulfurization material used for
beneficial use 1 or 3.
(n) Materials and uses approved by the department under
section 11553(3) or (4). Approval of materials and uses by the
department under section 11553(3) or (4) does not require the use
of those materials by any governmental entity or any other person.
(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.
(c) A mixed wine drink or a mixed spirit drink.
(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 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.
(c) A combination of class C fly ash and class F fly ash under
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 an accumulation of coal ash
and liquids for treatment, storage, or disposal. 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 a waste pile pursuant to R 299.4129 of the Michigan
Administrative Code. A coal ash impoundment that has a permit
pursuant to part 31 and that does not receive coal ash after the
effective date of the amendatory act that added this subsection is
not subject to this part.
(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 meeting the
definition of beneficial use 4.
(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.
(c) A sanitary landfill.
(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.
(c) Is separated from other waste.
(d) Is 1 or more of the following:
(i) Hazardous material.
(ii) Liquid waste.
(iii) Pharmaceuticals.
(iv) Electronics.
(v) Batteries.
(vi) Light bulbs.
(vii) Pesticides.
(viii) Thermostats, switches, thermometers, or other devices
that contain elemental mercury.
(ix) Sharps.
(x) Other wastes approved by the department that can be
readily separated from solid waste for diversion to preferred
methods of management and disposal.
(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 has in effect a permit pursuant to part 31, that
received coal ash before October 14, 2015, and that, as of the
effective date of the amendatory act that added this subsection,
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.
(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.
(c) An industrial waste landfill that was authorized to
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) A coal ash impoundment with coal ash in place on or before
October 14, 2015.
(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.
(c) Otherwise unusable food products that do not meet size,
quality, or other product specifications and that were intended for
human or animal consumption.
(18) (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 of this act.
(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.
(c) Uncontaminated excavated soil or dredged sediment.
Excavated soil or dredged sediment is considered uncontaminated if
it does not contain more than de minimis amounts of solid waste and
1 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 subdivision or the
horizontal limits of coal ash in place on or before October 14,
2015.
(c) A coal ash impoundment, if the expansion is beyond the
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.
(c) Pulp and paper mill material.
(d) Scrap wood.
(e) Sludge from the treatment and conditioning of water for
domestic use.
(f) Residue from the thermal treatment of petroleum
contaminated soil, media, or debris.
(g) Sludge from the treatment and conditioning of water from a
community water supply.
(h) Foundry sand.
(i) Mixed wood ash, scrap wood ash, pulp and paper mill ash.
(j) Street cleanings.
(k) Asphalt shingles.
(l) New construction or production scrap drywall.
(m) Chipped or shredded tires.
(n) Copper slag.
(o) Copper stamp sands.
(p) Dredge material from nonremedial activities.
(q) Flue gas desulfurization material.
(r) Dewatered grinding slurry generated from public
transportation agency road projects.
(s) Any material determined by the department under section
11553(7) to be a low-hazard industrial waste.
(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).
(c) The incinerator meets the requirements of this part and
the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in
40 CFR 260.10.
(e) The incinerator is not an incinerator that receives and
burns only medical waste or only waste produced at 1 or more
hospitals.
(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.
(c) A new coal ash impoundment, or a lateral expansion of a
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.
(c) An elder care and assisted living center.
(d) A nursing home.
(e) A single-family or multifamily dwelling unless the
dwelling is part of a mixed use development and all dwelling units
and associated outdoor residential use areas are located above the
ground floor.
(19) "Part 115 rules" means R 299.4101 to R 299.4922 of the
Michigan Administrative Code as in effect on the effective date of
the amendatory act that added this subsection.
(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.
(c) Bark, wood fiber, and chips.
(d) Scrap paper.
(e) Causticizing residues, including lime mud and grit and
green liquor dregs.
(f) Any material that the department determines has
characteristics that are similar to any of the materials listed in
subdivisions (a) to (e).
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) Construction and demolition waste landfills.
(ii) Industrial waste landfills.
(iii) Landfills that accept waste other than household waste,
municipal solid waste incinerator ash, or hazardous waste from
conditionally exempt small quantity generators.
(iv) Coal ash landfills.
(v) Existing coal ash impoundments that will be 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.
(c) Any wood or wood product designated as scrap wood in rules
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.
(c) For a vertical expansion of an existing sanitary landfill,
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.
(c) For the expansion of an existing facility for any type of
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.
(c) Indicate in the public, departmental, and municipality
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 or lateral expansions
of a coal ash landfill 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 or lateral
expansion of a coal ash landfill 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
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 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 lateral
expansion of a coal ash landfill or coal ash impoundment unless
both of the following apply:
(a) The landfill, impoundment, or expansion, respectively,
complies with R 299.4306 of the part 115 rules.
(b) The owner or operator has provided to the department a
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 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.
(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 until 2 years after the 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.
(c) Landfills receiving 250 tons per day or more, but less
than 500 tons per day, $2,500.00.
(d) Landfills receiving 500 tons per day or more, but less
than 1,000 tons per day, $5,000.00.
(e) Landfills receiving 1,000 tons per day or more, but less
than 1,500 tons per day, $10,000.00.
(f) Landfills receiving 1,500 tons per day or more, but less
than 3,000 tons per day, $20,000.00.
(g) Landfills receiving greater 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.
(c) A type II landfill that measures waste by volume rather
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) On the first business day of each state fiscal year that
a coal ash landfill holds an operating license until it achieves
closure under section 11519a(16), the owner or operator shall pay
the department a fee of $13,000.00. If, after the effective date of
the amendatory act that added this subsection, a coal ash landfill
obtains its first operating license, the owner or operator shall
pay the department a fee of $13,000.00 on the first business day
following receipt of its operating license.
(11) On the first business day of each state fiscal year that
a coal ash impoundment holds an operating license until it achieves
closure under section 11519a(16), the owner or operator shall pay
to the department a fee of $13,000.00. If, after the effective date
of the amendatory act that added this subsection, a coal ash
impoundment obtains its first operating license, the owner or
operator shall pay the department a fee of $13,000.00 on the first
business day following receipt of its operating license.
(12) The department shall deposit the fees collected under
subsections (10) and (11) in the coal ash care fund established in
section 11550.
(13) 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 (9)
to the applicant. An applicant for a license, within 12 months
after a license denial or withdrawal of a license application, 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.
(14) (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.
(15) (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.
(16) (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 an approved hydrogeological
monitoring program that complies with R 299.4440 to R 299.4445, if
applicable, and R 299.4905 to R 299.4908 of the part 115 rules.
(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 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.
(c) Issue a timetable or schedule to provide for compliance
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) Existing coal ash impoundments shall comply
with R 299.4311 of the part 115 rules.
(2) The owner or operator of an existing coal ash impoundment
shall ensure that the impoundment is not in violation of part 31 or
part 55 and does not create a nuisance.
(3) 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 this section.
(4) A license issued by the department for the operation of a
coal ash impoundment or a coal ash landfill shall include the
following requirements consistent with 40 CFR part 257, subpart D:
(a) Recordkeeping and maintaining an operating record.
(b) Making the operating record public via the internet.
(c) Dust control.
(d) Run-on/run-off control.
(e) Regular and annual inspections.
(f) Groundwater monitoring.
(g) Corrective action.
(h) Closure and postclosure care.
(5) The owner or operator of a licensed coal ash landfill or
coal ash impoundment shall do both of the following:
(a) Maintain a fugitive dust plan that complies with 40 CFR
257.80(b) and was prepared and sealed by a registered professional
engineer.
(b) Once each year, prepare or have prepared a fugitive dust
control report in compliance with 40 CFR 257.80(c).
(6) The owner or operator of a licensed coal ash landfill
shall comply with the inspection requirements of 40 CFR 257.84, as
applicable.
(7) The owner or operator of a licensed coal ash impoundment
shall comply with both of the following:
(a) The inspection requirements of 40 CFR 257.83, as
applicable.
(b) 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.
(8) The owner or operator of a licensed coal ash impoundment
shall do all of the following:
(a) Maintain on site a history of construction that complies
with 40 CFR 257.74(c)(1)(i) to (xi).
(b) 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.
(c) 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.
(9) The owner or operator of a licensed coal ash impoundment
or licensed coal ash landfill shall maintain both of the following:
(a) An up-to-date operating record in compliance with 40 CFR
257.105.
(b) An up-to-date publicly accessible internet site in
compliance with 40 CFR 257.107.
(10) 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 shall assess whether the landfill 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 or
unit is located in an unstable area, the owner or operator shall
cease placing coal ash into the landfill or unit and proceed to
close the landfill or unit in compliance with this part and the
rules
promulgated under this part.
(11) If the detection monitoring required in section 11511a(3)
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 299.4441 of the part 115 rules including, as
applicable, conducting assessment monitoring. 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.
(c) Barium.
(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.
(12) 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.
(13) 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.
(14) 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.
(15) 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).
(16) 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.
(17) If a coal ash impoundment is closed before 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.
(18) Closure by removal of coal ash under subsection (14) 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 applicable
standards, adopted by the department pursuant to section 20120a and
the department accepts the certification or, if the constituent
concentrations do exceed those standards, the department has
approved a remedial action plan consistent with R 299.4444 and R
299.4445 of the part 115 rules.
(19) Upon completion of the closure by removal under
subsection (18), the financial assurance under section 11523 and
perpetual care fund under section 11525 shall be terminated, the
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.
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.
(c) Financial assurance established for an existing coal ash
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.
(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.
(c) The corrective action cost estimate, if any. The
corrective action cost estimate shall be a detailed written
estimate, in current dollars, of the cost of hiring a third party
to perform corrective action in accordance 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.
(c) Postclosure maintenance and monitoring. The owner or
operator of a landfill unit who has completed final closure of the
unit may request a reduction in the postclosure cost estimate and
corresponding financial assurance for 1 year or more of postclosure
maintenance and monitoring if the landfill has been monitored and
maintained in accordance 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.
(c) Foundry sand or other material that is approved by the
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.
(c) An evaluation and selection of technically and
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 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
landfill or coal ash impoundment and the disposal area 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.
(c) A plan that proposes a recycling or composting program, or
both, details the major features of that program, including all of
the following:
(i) The kinds and volumes of recyclable materials that will be
recycled or composted.
(ii) Collection methods.
(iii) Measures that will ensure collection such as ordinances
or cooperative arrangements, or both.
(iv) Ordinances or regulations affecting the program.
(v) The role of counties and municipalities in implementing
the plan.
(vi) The involvement of existing recycling interests, solid
waste haulers, and the community.
(vii) Anticipated costs.
(viii) On-going program financing.
(ix) Equipment selection.
(x) Public and private sector involvement.
(xi) Site availability and selection.
(xii) Operating parameters such as pH and heat range.
(d) The plan includes an evaluation of how the planning entity
is meeting the state's waste reduction and recycling goals as
established pursuant to section 11541(4).
(2) A permitted, licensed, or otherwise lawfully operating
disposal area that is 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. However, if the disposal area is
subject to an action for violation, or a court order pursuant to
section 11546 or 11549, the disposal area shall be included in the
plan only if the director or the planning agency determines that it
is consistent with or should be 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.
(C) A compacted clay liner of 5 feet or more with a maximum
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.
(C) A leak detection and leachate collection system.
(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.
(c) A landfill that is a monitorable unit, as defined in R
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.
(C) Immediately below the synthetic liner, either 2 feet of
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.
(c) An infiltration collection system.
(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.
(c) Performing an advisory analysis under section 11510(1).
(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.
(c) All of the following information related to the operating
license applications received under section 11512:
(i) The number of applications received by the department,
reported as the number of applications determined to be
administratively incomplete and the number determined to be
administratively complete.
(ii) The number of applications determined to be
administratively complete for which a final action was taken by the
department. The number of final actions shall be reported as the
number of applications approved, the number of applications denied,
and the number of applications withdrawn by the applicant.
(iii) The percentage and number of applications determined to
be administratively complete for which a final decision was made
within
90 days of receipt as the
period required by section
11516.part 13.
(d) The number of inspections conducted at licensed disposal
areas as required by section 11519.
(e) The number of letters of warning sent to licensed disposal
areas.
(f) The number of contested case hearings and civil actions
initiated and completed, the number of voluntary consent orders and
administrative orders entered or issued, and the amount of fines
and penalties collected through such actions or orders.
(g) For each enforcement action that includes a penalty, a
description of what 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.
(c) Performing an advisory analysis under section 11510(1).
(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.