HOUSE BILL No. 6483

 

 

November 7, 2018, Introduced by Rep. VerHeulen and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 11502, 11503, 11504, 11505, 11506, 11507,

 

11507a, 11508, 11509, 11510, 11511, 11511b, 11512, 11513, 11514,

 

11515, 11516, 11517, 11518, 11519, 11521b, 11523, 11523a, 11523b,

 

11525, 11525a, 11525b, 11526, 11526a, 11527, 11528, 11531, 11532,

 

11533, 11539, 11540, 11541, 11546, 11549, 11550, and 11553 (MCL

 

324.11502, 324.11503, 324.11504, 324.11505, 324.11506, 324.11507,

 

324.11507a, 324.11508, 324.11509, 324.11510, 324.11511, 324.11511b,

 

324.11512, 324.11513, 324.11514, 324.11515, 324.11516, 324.11517,

 

324.11518, 324.11519, 324.11521b, 324.11523, 324.11523a,

 

324.11523b, 324.11525, 324.11525a, 324.11525b, 324.11526,

 

324.11526a, 324.11527, 324.11528, 324.11531, 324.11532, 324.11533,


324.11539, 324.11540, 324.11541, 324.11546, 324.11549, 324.11550,

 

and 324.11553), sections 11502, 11503, 11504, 11505, and 11506 as

 

amended and section 11553 as added by 2014 PA 178, section 11507a

 

as amended by 2004 PA 39, sections 11509, 11512, and 11516 as

 

amended by 2004 PA 325, section 11510 as amended by 1998 PA 397,

 

section 11511 as amended by 2011 PA 215, section 11511b as amended

 

by 2016 PA 437, section 11514 as amended by 2008 PA 394, sections

 

11517, 11519, and 11541 as amended by 1996 PA 358, section 11521b

 

as added by 2014 PA 24, sections 11523, 11523a, 11525, and 11525b

 

as amended by 2013 PA 250, section 11523b as added by 1996 PA 359,

 

section 11525a as amended by 2015 PA 82, section 11526 as amended

 

by 2004 PA 43, section 11526a as added by 2004 PA 40, section 11533

 

as amended by 2004 PA 44, section 11546 as amended by 2006 PA 56,

 

section 11549 as amended by 2006 PA 58, and section 11550 as

 

amended by 2003 PA 153, by designating sections 11502 to 11508 as

 

subpart 1, sections 11509 to 11519 as subpart 2, section 11521b as

 

subpart 3, sections 11523 to 11525c as subpart 4, sections 11526 to

 

11533 as subpart 5, sections 11539 to 11541 as subpart 6, sections

 

11546 to 11549 as subpart 7, section 11550 as subpart 8, section

 

11553 as subpart 9, sections 11555 to 11569 as subpart 10, sections

 

11570 to 11587 as subpart 11, and by adding sections 11525c,

 

11525e, 11555, 11556, 11557, 11558, 11559, 11560, 11561, 11562,

 

11563, 11564, 11565, 11567, 11568, 11569, 11571, 11572, 11573,

 

11574, 11575, 11576, 11577, 11578, 11579, 11580, 11581, 11582,

 

11583, 11584, 11585, 11586, and 11587; and to repeal acts and parts

 

of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 


                  SUBPART 1 GENERAL AND DEFINITIONS

 

     Sec. 11502. (1) "Agreement" means a written contract.

 

     (2) (1) "Agronomic rate" means a rate that meets both of the

 

following requirements:

 

     (a) Is generally recognized by the agricultural community or

 

is calculated for a particular area of land to improve the physical

 

nature of soil, such as structure, tilth, water retention, pH, or

 

porosity, or to provide macronutrients or micronutrients in an

 

amount not materially in excess of that needed by the crop, forest,

 

or vegetation grown on the land.

 

     (b) Takes into account and minimizes runoff of beneficial use

 

by-products to surface water or neighboring properties, the

 

percolation of excess nutrients beyond the root zone, and the

 

liberation of metals from the soil into groundwater.

 

     (3) "Anaerobic digester" means a facility that uses

 

microorganisms to break down biodegradable material in the absence

 

of oxygen, producing methane and an organic product.

 

     (4) "Animal bedding" means a mixture of manure and wood chips,

 

sawdust, shredded paper or cardboard, hay, straw, or other similar

 

fibrous materials normally used for bedding animals.

 

     (5) (2) "Ashes" means the residue from the burning of wood,

 

scrap wood, tires, biomass, wastewater sludge, fossil fuels

 

including coal or coke, or other combustible materials.

 

     (6) "Benchmark recycling standards" means the following

 

requirements:

 

     (a) By January 1, 2022, at least 90% of single-family

 

dwellings in urbanized areas as identified by the most recent


federal decennial census and, by January 1, 2025, at least 90% of

 

single-family dwellings in municipalities with more than 5,000

 

residents have access to curbside recycling that meets the

 

following criteria:

 

     (i) Recyclable materials are collected at least once every

 

other week.

 

     (ii) If recyclable materials are not collected separately, the

 

mixed load is delivered to a solid waste processing and transfer

 

facility and the recyclable materials are separated from material

 

to be sent to a solid waste disposal area.

 

     (iii) Recyclable materials collected are delivered to a

 

materials recovery facility that complies with part 115, or are

 

managed appropriately at an out-of-state recycling facility.

 

     (b) By January 1, 2028, the following additional criteria:

 

     (i) In counties with a population of less than 100,000, there

 

is at least 1 drop-off location for each 10,000 residents without

 

access to curbside recycling at their dwelling, and the drop-off

 

location is available at least 24 hours per month.

 

     (ii) In counties with a population of 100,000 or more, there

 

is at least 1 drop-off location for each 50,000 residents without

 

access to curbside recycling at their dwelling, and the drop-off

 

location is available at least 24 hours per month.

 

     (7) (3) "Beneficial use 1" means use as aggregate, road

 

material, or building material that in ultimate use is or will be

 

bonded or encapsulated by cement, limes, or asphalt.

 

     (8) (4) "Beneficial use 2" means use as any of the following:

 

     (a) Construction fill at nonresidential property that meets


all of the following requirements:

 

     (i) Is placed at least 4 feet above the seasonal groundwater

 

table.

 

     (ii) Does not come into contact with a surface water body.

 

     (iii) Is covered by concrete, asphalt pavement, or other

 

material approved by the department.

 

     (iv) Does not exceed 4 feet in thickness, except for areas

 

where exceedances are incidental to variations in the existing

 

topography. This subparagraph does not apply to construction fill

 

placed underneath a building or other structure.

 

     (b) Road base or soil stabilizer that does not exceed 4 feet

 

in thickness except for areas where exceedances are incidental to

 

variations in existing topography, is placed at least 4 feet above

 

the seasonal groundwater table, does not come into contact with a

 

surface water body, and is covered by concrete, asphalt pavement,

 

or other material approved by the department.

 

     (c) Road shoulder material that does not exceed 4 feet in

 

thickness except for areas where exceedances are incidental to

 

variations in existing topography, is placed at least 4 feet above

 

the seasonal groundwater table, does not come into contact with a

 

surface water body, is sloped, and is covered by asphalt pavement,

 

concrete, 6 inches of gravel, or other material approved by the

 

department.

 

     (9) (5) "Beneficial use 3" means applied to land as a

 

fertilizer or soil conditioner under part 85 or a liming material

 

under 1955 PA 162, MCL 290.531 to 290.538, if all of the following

 

requirements are met:


     (a) The material is applied at an agronomic rate consistent

 

with generally accepted agricultural and management practices.

 

     (b) The use, placement, or storage at the location of use does

 

not do any of the following:

 

     (i) Violate part 55 or create a nuisance.

 

     (ii) Cause groundwater to no longer be fit for 1 or more

 

protected uses as defined in R 323.2202 of the Michigan

 

administrative code.Administrative Code.

 

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

 

standard.

 

     (10) (6) "Beneficial use 4" means any of the following uses:

 

     (a) To stabilize, neutralize, solidify, or otherwise treat

 

waste for ultimate disposal at a facility licensed under this part

 

115 or part 111.

 

     (b) To treat wastewater, wastewater treatment sludge, or

 

wastewater sludge in compliance with part 31 or the federal water

 

pollution control act, 33 USC 1251 to 1387, at a private or

 

publicly owned wastewater treatment plant.

 

     (c) To stabilize, neutralize, solidify, cap, or otherwise

 

remediate hazardous substances or contaminants as part of a

 

response activity in compliance with part 201, part 213, or the

 

comprehensive environmental response, compensation and liability

 

act of 1980, 42 USC 9601 to 9657, 9675, or a corrective action in

 

compliance with part 111 or the solid waste disposal act, 42 USC

 

6901 to 6992k.

 

     (d) As construction material at a landfill licensed under this

 

part.


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

 

or with compost and used to manufacture soil.

 

     (12) (8) "Beneficial use by-product" means the following

 

materials if the materials are stored for beneficial use or are

 

used beneficially as specified and the requirements of section

 

11551(1) are met:

 

     (a) Coal bottom ash or wood ash used for beneficial use 3 or

 

wood ash or coal ash, except for segregated flue gas

 

desulfurization material, used for beneficial use 1, 2, or 4.

 

     (b) Pulp and paper mill ash used for beneficial use 1, 2, 3,

 

or 4.

 

     (c) Mixed wood ash used for beneficial use 1, 2, 3, or 4.

 

     (d) Cement kiln dust used as a flue gas scrubbing reagent or

 

for beneficial use 1, 2, 3, or 4.

 

     (e) Lime kiln dust used as a flue gas scrubbing reagent or for

 

beneficial use 1, 2, 3, or 4.

 

     (f) Stamp sands used for beneficial use 1 or 2.

 

     (g) Foundry sand from ferrous or aluminum foundries used for

 

beneficial use 1, 2, 3, 4, or 5.

 

     (h) Pulp and paper mill material, other than the following,

 

used for beneficial use 3:

 

     (i) Rejects, from screens, cleaners, and mills dispersion

 

equipment, containing more than de minimis amounts of plastic.

 

     (ii) Scrap paper.

 

     (i) Spent media from sandblasting, with uncontaminated sand,

 

newly manufactured, unpainted steel used for beneficial use 1 or 2.

 

     (j) Dewatered concrete grinding slurry from public


transportation agency road projects used for beneficial use 1, 2,

 

3, or 4.

 

     (k) Lime softening residuals from the treatment and

 

conditioning of water for domestic use or from a community water

 

supply used for beneficial use 3 or 4.

 

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

 

used for beneficial use 3.

 

     (m) Segregated flue gas desulfurization material used for

 

beneficial use 1 or 3.

 

     (n) Materials and uses approved by the department under

 

section 11553(3) or (4). Approval of materials and uses by the

 

department under section 11553(3) or (4) does not require the use

 

of those materials by any governmental entity or any other person.

 

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

 

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

 

combination of these materials, which, that, at the time of sale,

 

contains 1 gallon or less of any of the following:

 

     (a) A soft drink, soda water, carbonated natural or mineral

 

water, or other nonalcoholic carbonated drink.

 

     (b) A beer, ale, or other malt drink of whatever any alcoholic

 

content.

 

     (c) A mixed wine drink or a mixed spirit drink.

 

     (14) "Biosolids" means solid, semisolid, or liquid residues

 

generated during the treatment of sanitary sewage or domestic

 

sewage in a treatment works. Biosolids includes, but is not limited

 

to, scum or solids removed in a primary, secondary, or advanced

 

wastewater treatment process and a derivative of the removed scum


or solids.

 

     (15) (10) "Bond" means a financial instrument guaranteeing

 

performance executed on a form approved by the department,

 

including a surety bond from a surety company authorized to

 

transact business in this state, a certificate of deposit, a cash

 

bond, an irrevocable letter of credit, an insurance policy, a trust

 

fund, an escrow account, or a combination of any of these

 

instruments in favor of the department. The owner or operator of a

 

disposal area who is required to establish a bond under another

 

state statute or a federal statute may petition the department to

 

allow such a bond to meet the requirements of this part. The

 

department shall approve a bond established under another state

 

statute or a federal statute if the bond provides equivalent funds

 

and access by the department as other financial instruments allowed

 

by this subsection.

 

     (16) "Captive type III landfill" means a type III landfill

 

that meets either of the following requrements:

 

     (a) Accepts for disposal only nonhazardous industrial waste

 

generated only by the owner of the landfill.

 

     (b) Is a nonhazardous industrial waste landfill described in

 

section 11525(4).

 

     (17) "CBC" means the county board of commissioners, the

 

municipalities, or the regional planning agency, whichever submits

 

a notice of intent to prepare a materials management plan under

 

section 11571.

 

     (18) (11) "Cement kiln dust" means particulate matter

 

collected in air emission control devices serving Portland cement


kilns.

 

     (19) (12) "Certificate of deposit" means a negotiable

 

certificate of deposit that meets all of the following

 

requirements:

 

     (a) Is negotiable.

 

     (b) Is held by a bank or other financial institution regulated

 

and examined by a state or federal agency. , the value of which is

 

     (c) Is fully insured by an agency of the United States

 

government. A certificate of deposit used to fulfill the

 

requirements of this part shall be

 

     (d) Is in the sole name of the department. with

 

     (e) Has a maturity date of not less than 1 year. and shall be

 

     (f) Is not renewed not less later than 60 days before the

 

maturity date. An applicant who uses a certificate of deposit as a

 

bond shall receive any accrued interest on that certificate of

 

deposit upon release of the bond by the department.

 

     (20) (13) "Certified health department" means a city, county,

 

or district department of health that is specifically delegated

 

authority by the department to perform designated activities as

 

prescribed by this part.certified under section 11507a.

 

     (21) "Class 1 compostable material" means any of the

 

following:

 

     (a) Yard waste.

 

     (b) Wood.

 

     (c) Food waste.

 

     (d) Paper products.

 

     (e) Manure or animal bedding.


     (f) Compostable products.

 

     (g) Dead animals unless infectious or managed under 1982 PA

 

239, MCL 287.651 to 287.683.

 

     (h) Spent grain from breweries.

 

     (i) Paunch.

 

     (j) Food processing residuals.

 

     (k) Aquatic plants.

 

     (l) Other materials approved by the department under section

 

11562.

 

     (m) A mixture of any of these materials.

 

     (22) "Class 1 composting facility" means a composting facility

 

where only class 1 compostable material is composted.

 

     (23) "Class 2 compostable material" means mixed municipal

 

solid waste, biosolids, state or federal controlled substances, and

 

all other compostable material that is not listed or approved as a

 

class 1 compostable material.

 

     (24) "Class 2 composting facility" means a composting facility

 

where class 2 compostable material or a combination of class 2

 

compostable material and class 1 compostable material is composted.

 

     (25) (14) "Coal ash" means the material recovered from systems

 

for the control of air pollution from, or the noncombusted residue

 

remaining after, the combustion of coal, including, but not limited

 

to, bottom ash, fly ash, boiler slag, or fluidized-bed combustion

 

ash. For beneficial use 2, coal ash does not include coal fly ash

 

except for the following if used at nonresidential property:

 

     (a) Class C fly ash under ASTM standard C618-12A.C618,

 

"Standard Specification for Coal Fly Ash and Raw or Calcined


Natural Pozzolan for Use in Concrete", by ASTM International.

 

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

 

fly ash forms a pozzolanic-stabilized mixture by being blended with

 

lime, Portland cement, or cement kiln dust.

 

     (c) A combination of class C fly ash and class F fly ash under

 

ASTM standard C618-12A C618, if that combination forms a

 

pozzolanic-stabilized mixture by being blended with lime, Portland

 

cement, or cement kiln dust and is used as a road base, soil

 

stabilizer, or road shoulder material under subsection (4)(b) or

 

(c).beneficial use 2.

 

     (26) (15) "Coal bottom ash" means ash particles from the

 

combustion of coal that are too large to be carried in flue gases

 

and that collect on furnace walls or at the bottom of the furnace.

 

     (27) (16) "Collection center" means a tract of land, building,

 

unit, or appurtenance or combination thereof that is used to

 

collect junk motor vehicles and farm implements under section

 

11530.

 

     (28) "Commercial waste", subject to subsection (29), means

 

solid waste generated by nonmanufacturing activities, including,

 

but not limited to, solid waste from any of the following:

 

     (a) Stores.

 

     (b) Offices.

 

     (c) Restaurants.

 

     (d) Warehouses.

 

     (e) Multifamily dwellings.

 

     (f) Hotels and motels.

 

     (g) Bunkhouses.


     (h) Ranger stations.

 

     (i) Crew quarters.

 

     (j) Campgrounds.

 

     (k) Picnic grounds.

 

     (l) Day use recreation areas.

 

     (m) Hospitals.

 

     (n) Schools.

 

     (29) Commercial waste does not include household waste from

 

single-family dwellings, hazardous waste, or industrial waste.

 

     (30) "Compost additive" means any of the following materials

 

if added to finished compost to improve the quality of the finished

 

compost:

 

     (a) Products designed to enhance finished compost.

 

     (b) Sugar beet limes.

 

     (c) Wood ash.

 

     (d) Drywall.

 

     (e) Synthetic gypsum.

 

     (f) Other materials approved by the department.

 

     (31) "Compost wastewater" means liquids that have been in

 

contact with finished compost or compostable material.

 

     (32) "Compostable material" means organic material that can be

 

converted to finished compost. Compostable material comprises class

 

1 compostable material and class 2 compostable material.

 

     (33) "Compostable products" means biodegradable containers,

 

fabric, utensils, and other products that are biodegradable and

 

satisfy any of the following requirements:

 

     (a) Are certified by the Biodegradable Products Institute.


     (b) Meet ASTM D6400-04, "standard specification for

 

compostable plastics", by ASTM International.

 

     (c) Meet ASTM D6868, "standard specification for biodegradable

 

plastics used as coatings on paper and other compostable

 

substrates", by ASTM International.

 

     (34) "Composting" means a process of biological decomposition

 

of class 1 compostable material or class 2 compostable material

 

that meets the following requirements:

 

     (a) Is carried out as provided in either of the following:

 

     (i) In a system using vermiculture.

 

     (ii) Under controlled aerobic conditions using mechanical

 

handling techniques such as physical turning, windrowing, or

 

aeration or using other management techniques approved by the

 

department. For the purposes of this subparagraph, aerobic

 

conditions may include the presence of insignificant anaerobic

 

zones within the composting material.

 

     (b) Stabilizes the organic fraction into a material that can

 

be stored, handled, and used easily, safely, and in an

 

environmentally acceptable manner.

 

     (35) (17) "Composting facility" means a facility where

 

composting of yard clippings or other organic materials occurs

 

using mechanical handling techniques such as physical turning,

 

windrowing, or aeration or using other management techniques

 

approved by the director.occurs. However, composting facility does

 

not include a site where only composting described in section

 

11555(1)(a), (b), or (e) occurs.

 

     (36) (18) "Consistency review" means evaluation of the


administrative and technical components of an application for a

 

permit or license or evaluation of operating conditions in the

 

course of inspection, for the purpose of determining consistency

 

with the requirements of this part, rules promulgated under this

 

part , 115 and approved plans and specifications.

 

     (37) (19) "Corrective action" means the investigation,

 

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

 

monitoring of constituents, as defined in a materials management

 

facility's approved hydrogeological monitoring plan, released into

 

the environment from a disposal area, materials management

 

facility, or the taking of other actions related to the release as

 

may be necessary to prevent, minimize, or mitigate injury to the

 

public health, safety, or welfare, the environment, or natural

 

resources that is consistent with subtitle D of the solid waste

 

disposal act, 42 USC 6941 to 6949a, and regulations promulgated

 

thereunder.

 

     (38) "Custodial care" includes:

 

     (a) Preventing deep-rooted vegetation from establishing on the

 

final cover.

 

     (b) Repairing erosion damage on the final cover.

 

     (c) Maintaining stormwater controls.

 

     (d) Maintaining limited access to the site.

 

     Sec. 11503. (1) "De minimis" refers to a small amount of

 

material or number of items, as applicable, incidentally commingled

 

with inert material for beneficial use by-products , or with source

 

separated material or incidentally disposed of with other solid

 

waste.


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

 

department of environmental quality.

 

     (3) "Designated planning agency" or "DPA" means the planning

 

agency designated under section 11571(10). Designated planning

 

agency does not mean a regional planning agency unless the CBC

 

identifies the regional planning agency identified as the DPA.

 

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

 

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

 

spilling, leaking, pumping, pouring, emitting, emptying,

 

discharging, injecting, escaping, leaching, dumping, or disposing

 

of a substance into the environment that is or may become injurious

 

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

 

     (6) (5) "Disposal area" means 1 or more of the following that

 

accepts solid waste at a location as defined by the boundary

 

identified in its construction permit, or in engineering plans

 

approved by the department, or in a notification or registration:

 

     (a) A solid waste processing and transfer facility.

 

     (b) An incinerator.

 

     (c) A sanitary landfill.

 

     (d) A processing plant.Any other solid waste handling or

 

disposal facility utilized in the disposal of solid waste, as

 

determined by the department.

 

     (e) Any other solid waste handling or disposal facility

 

utilized in the disposal of solid waste. However, a waste diversion

 

center is not a disposal area.

 

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

 

following requirements:


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

 

entities.

 

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

 

landfill or municipal solid waste incinerator.

 

     (c) Is separated from other waste.

 

     (d) Is 1 or more of the following:

 

     (i) Hazardous material.

 

     (ii) Liquid waste.

 

     (iii) Pharmaceuticals.

 

     (iv) Electronics.

 

     (v) Batteries.

 

     (vi) Light bulbs.

 

     (vii) Pesticides.

 

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

 

that contain elemental mercury.

 

     (ix) Sharps.

 

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

 

readily separated from solid waste for diversion to preferred

 

methods of management and disposal.

 

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

 

that authorizes this state, a county, a municipality, or another

 

person is authorized to take action to guarantee compliance with an

 

approved county solid waste a materials management plan.

 

Enforceable mechanisms include contracts, intergovernmental

 

agreements, laws, ordinances, rules, and regulations.

 

     (9) (8) "Escrow account" means an account that is managed by a

 

bank or other financial institution whose account operations are


regulated and examined by a federal or state agency. and that

 

complies with section 11523b.

 

     (10) "Existing", with respect to a disposal area, combination

 

of disposal areas, or landfill unit, means any of the following:

 

     (a) The facility has a valid construction permit under part

 

115.

 

     (b) The facility had engineering plans approved by the

 

director before January 11, 1979.

 

     (c) For an industrial waste landfill, the facility was

 

authorized to operate by the director or by court order before

 

October 9, 1993.

 

     (d) For an industrial waste pile, the facility was located at

 

the site of generation on October 9, 1993.

 

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

 

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

 

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

 

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

 

286.472.

 

     (13) (11) "Financial assurance" means the mechanisms used to

 

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

 

postclosure maintenance and monitoring, and corrective action will

 

be available to the department whenever they are needed for those

 

purposes.

 

     (14) (12) "Financial test" means a corporate or local

 

government financial test or guarantee approved for type II

 

landfills under subtitle D of the solid waste disposal act, 42 USC

 

6941 to 6949a, and regulations promulgated thereunder. An owner or


operator may use a single financial test for more than 1 facility.

 

Information submitted to the department to document compliance with

 

the financial test shall include a list showing the name and

 

address of each facility and the amount of funds assured by the

 

financial test for each facility. For purposes of the financial

 

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

 

postclosure, and corrective action costs it seeks to assure with

 

any other environmental obligations assured by a financial test

 

under state or federal law.

 

     (15) "Finished compost" means organic matter that meets the

 

following requirements:

 

     (a) Has undergone biological decomposition and has been

 

stabilized to a degree that is beneficial to plant growth without

 

creating a nuisance, as defined in the marketing plan if the

 

composting facility is approved under a general permit.

 

     (b) Is used or sold for use as a soil amendment, fertilizer,

 

topsoil blend, or growing medium amendment or for other similar

 

uses.

 

     (c) With any compost additives, does not contain more than 1%,

 

by weight, of foreign matter that will remain on a 4-millimeter

 

screen or more than a minimal amount of viable weed seeds.

 

     (16) (13) "Flue gas desulfurization material" means the

 

material recovered from air pollution control systems that capture

 

sulfur dioxide from the combustion of wood, coal, or fossil fuels,

 

or other combustible materials, if the other combustible materials

 

constitute less than 50% by weight of the total material combusted

 

and the department determines in writing that the other combustible


materials do not materially affect the character of the residue.

 

Flue gas desulfurization material includes synthetic gypsum.

 

     (17) (14) "Food processing residuals" means any of the

 

following:

 

     (a) Residuals of fruits, vegetables, aquatic plants, or field

 

crops, including those generated by a brewery or distillery.

 

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

 

plants, or field crops from the processing thereof, including those

 

generated by a brewery or distillery.

 

     (c) Otherwise unusable food products that do not meet size,

 

quality, or other product specifications and that were intended for

 

human or animal consumption.

 

     (18) "Food waste" means an accumulation of animal or vegetable

 

matter that was used or intended for human or animal food or that

 

results from the preparation, use, cooking, dealing in, or storing

 

of animal or vegetable matter if the accumulation is or is intended

 

to be discarded. Food waste does not include fats, oils, or grease.

 

     (19) "Foreign matter" means organic and inorganic

 

constituents, other than sticks and stones, that will not readily

 

decompose during composting and do not aid in producing compost,

 

including glass, textiles, rubber, metal, ceramics, noncompostable

 

plastic, and painted, laminated, or treated wood.

 

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

 

casting process, including binding material or carbonaceous

 

additives, from ferrous or nonferrous foundries.

 

     (21) "Functional stability" means the stage at which a

 

landfill does not pose a significant risk to human health and the


environment at a point of exposure, in the absence of active

 

control systems.

 

     (22) (16) "GAAMPS" means the generally accepted agricultural

 

and management practices under the Michigan right to farm act, 1981

 

PA 93, MCL 286.471 to 286.474.

 

     (17) "Garbage" means rejected food wastes including waste

 

accumulation of animal, fruit, or vegetable matter used or intended

 

for food or that results from the preparation, use, cooking,

 

dealing in, or storing of meat, fish, fowl, fruit, or vegetable

 

matter.

 

     (23) "Gasification" means a process through which materials

 

are heated, without combustion, in an oxygen-deficient atmosphere

 

and converted to synthesis gas, which can be further converted into

 

chemicals, chemical feedstocks, or fuels, such as ethanol.

 

     (24) "General permit" means a permit that does the following:

 

     (a) Covers a category of activities that the department

 

determines will not negatively impact human health and will not

 

have more than minimal short-term adverse impacts on the natural

 

resources and environment.

 

     (b) Includes requirements for a site plan, an operations plan,

 

a facility final closure plan, and financial assurance.

 

     (25) "General use compost" means finished compost that is

 

produced from 1 of the following:

 

     (a) Class 1 compostable material.

 

     (b) Class 2 compostable material, including any combination of

 

class 1 compostable material and class 2 compostable material, that

 

meets the criteria listed in section 11553(5)(a) to (d).


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

 

administrative officer of a certified health department."Host

 

community approval" means an agreement, resolution, letter, or

 

other document indicating that the governing body of the

 

municipality where the materials management facility is proposed to

 

be located has reviewed and approved the development of that

 

specific facility.

 

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

 

single-family households. Household waste does not include

 

commercial waste, industrial waste, hazardous waste, and

 

construction and demolition waste.

 

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

 

manufacturing or industrial processes at an industrial site and

 

that is not a hazardous waste regulated under part 111.

 

     (4) (2) "Inert material" means any of the following:

 

     (a) Rock.

 

     (b) Trees, stumps, and other similar land-clearing debris, if

 

all of the following conditions are met:

 

     (i) The debris is buried on the site of origin or another

 

site, with the approval of the owner of the site.

 

     (ii) The debris is not buried in a wetland or floodplain.

 

     (iii) The debris is placed at least 3 feet above the

 

groundwater table as observed at the time of placement.

 

     (iv) The placement of the debris does not violate federal,

 

state, or local law or create a nuisance.

 

     (c) Uncontaminated excavated soil or dredged sediment.

 

Excavated soil or dredged sediment is considered uncontaminated if


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

 

1 any of the following applies:apply:

 

     (i) The soil or sediment is not contaminated by a hazardous

 

substance as a result of human activity. Soil or sediment that

 

naturally contains elevated levels of hazardous substances above

 

unrestricted residential or any other part 201 generic soil cleanup

 

criteria is not considered contaminated for purposes of this

 

subdivision. A soil or sediment analysis is not required under this

 

subparagraph if, based on past land use, there is no reason to

 

believe that the soil or sediment is contaminated.

 

     (ii) For any hazardous substance that could reasonably be

 

expected to be present as a result of past land use and human

 

activity, the soil or sediment does not exceed the background

 

concentration, as that term is defined in part 201.section 20101.

 

     (iii) For any hazardous substance that could reasonably be

 

expected to be present as a result of past land use and human

 

activity, the soil or sediment falls below part 201 generic

 

residential soil direct contact cleanup criteria and hazardous

 

substances in leachate from the soil or sediment, using, at the

 

option of the generator, EPA method 1311, 1312, or any other

 

leaching protocol approved by the department, fall below part 201

 

generic residential health based groundwater drinking water values

 

or criteria, and the soil or sediment would not cause a violation

 

of any surface water quality standard established under part 31 at

 

the area of placement, disposal, or use.

 

     (d) Excavated soil from a site of environmental contamination,

 

corrective action, or response activity if the soil is not a listed


hazardous waste under part 111 and if hazardous substances in the

 

soil do not exceed generic soil cleanup criteria for unrestricted

 

residential use as defined in part 201 section 20101 or background

 

concentration as defined in part 201, section 20101, as applicable.

 

     (e) Construction brick, masonry, pavement, or broken concrete

 

that is reused for fill, rip rap, slope stabilization, or other

 

construction, if all of the following conditions are met:

 

     (i) The use of the material does not violate section 3108,

 

part 301, or part 303.

 

     (ii) The material is not materially contaminated. Typical

 

surface oil staining on pavement and concrete from driveways,

 

roadways, and parking lots is not material contamination. Material

 

covered in whole or in part with lead-based paint is materially

 

contaminated.

 

     (iii) The material does not include exposed reinforcing bars.

 

     (f) Portland cement clinker produced by a cement kiln using

 

wood, fossil fuels, or solid waste as a fuel or feedstock, but not

 

including cement kiln dust generated in the process.

 

     (g) Asphalt pavement or concrete pavement that meets all of

 

the following requirements:

 

     (i) Has been removed from a public right-of-way.

 

     (ii) Has been stockpiled or crushed for reuse as aggregate

 

material.

 

     (iii) Does not include exposed reinforcement bars.

 

     (h) Cuttings, drilling materials, and fluids used to drill or

 

complete a well installed pursuant to part 127 of the public health

 

code, 1978 PA 368, MCL 333.12701 to 333.12771, if the location of


the well is not a facility under part 201.

 

     (i) Any material determined by the department under section

 

11553(5) or (6) to be an inert material, either for general use or

 

for a particular use.

 

     (5) "Innovative technology or practice facility" means a

 

materials management facility that converts solid waste into energy

 

or a usable product and that is not a materials recovery facility,

 

a composting facility, or an anaerobic digester.

 

     (6) (3) "Insurance" means insurance that conforms to the

 

requirements of 40 CFR 258.74(d) and is provided by an insurer who

 

has with a certificate of authority from the director of insurance

 

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

 

for an operating license or general permit shall submit evidence of

 

the required coverage by submitting both of the following to the

 

department:

 

     (a) A certificate of insurance that uses wording approved by

 

the department.

 

     (b) A certified true and complete copy of the insurance

 

policy.

 

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

 

landfill.

 

     (8) "Landfill care fund" means a trust or escrow account or

 

landfill care fund bond required by section 11525c.

 

     (9) "Landfill care fund bond" means a surety bond, an

 

irrevocable letter of credit, or a combination of these instruments

 

in favor of the department by which a landfill care fund is

 

established.


     (10) "Large composting facility" means a composing facility

 

that at any time contains more than 10,000 cubic yards of

 

compostable material.

 

     (11) (5) "Letter of credit" means an irrevocable letter of

 

credit that complies with 40 CFR 258.74(c).

 

     (12) "License" means an operating license.

 

     (13) (6) "Lime kiln dust" means particulate matter collected

 

in air emission control devices serving lime kilns.

 

     (14) "Local health officer" means a local health officer as

 

defined in section 1105 of the public health code, 1978 PA 368, MCL

 

333.1105, to which the department delegates certain duties under

 

part 115.

 

     (15) (7) "Low-hazard industrial waste" means industrial

 

material that has a low potential for groundwater contamination

 

when managed in accordance compliance with this part 115. The

 

following materials are low-hazard industrial wastes:

 

     (a) Coal ash or wood ash.

 

     (b) Cement kiln dust.

 

     (c) Pulp and paper mill material.

 

     (d) Scrap wood.

 

     (e) Sludge from the treatment and conditioning of water for

 

domestic use.

 

     (f) Residue from the thermal treatment of petroleum

 

contaminated soil, media, or debris.

 

     (g) Sludge from the treatment and conditioning of water from a

 

community water supply.

 

     (h) Foundry sand.


     (i) Mixed wood ash, scrap wood ash, pulp and paper mill ash.

 

     (j) Street cleanings.

 

     (k) Asphalt shingles.

 

     (l) New construction or production scrap drywall.

 

     (m) Chipped or shredded tires.

 

     (n) Copper slag.

 

     (o) Copper stamp sands.

 

     (p) Dredge material from nonremedial activities.

 

     (q) Flue gas desulfurization material.

 

     (r) Dewatered grinding slurry generated from public

 

transportation agency road projects.

 

     (s) Any material determined by the department under section

 

11553(7) to be a low-hazard industrial waste.

 

     (16) "Managed material" means solid waste, diverted waste, or

 

recyclable material. Managed material does not include a material

 

or product that contains iron, steel, or nonferrous metals and that

 

is directed to or received by a person subject to the scrap metal

 

regulatory act, 2008 PA 429, MCL 445.421 to 445.443, or by a reuser

 

of these metals.

 

     (17) "Materials management facility" or, unless the context

 

implies a different meaning, "facility" means any of the following,

 

subject to subsection (18):

 

     (a) A disposal area.

 

     (b) A materials utilization facility.

 

     (c) A waste diversion center.

 

     (18) Materials management facility or facility does not

 

include a person, utilizing machinery and equipment and operating


from a fixed location, whose principal business is the processing

 

and manufacturing of iron, steel, or nonferrous metals into

 

prepared grades of products suitable for consumption, reuse, or

 

additional processing.

 

     (19) "Materials management plan" or "MMP" means a plan

 

required under section 11571.

 

     (20) "Materials recovery facility", subject to subsection

 

(21), means a facility that meets both of the following

 

requirements:

 

     (a) Primarily receives source separated material for reuse,

 

recycling, or utilization as a raw material or new product.

 

     (b) On an annual basis, does not receive an amount of solid

 

waste equal to or more than 15% of the total weight of material

 

received by the facility unless the materials recovery facility is

 

making reasonable effort and has an education program to reduce the

 

amount of solid waste. Material disposed as a result of recycling

 

market fluctuations is not included in the 15% calculation.

 

     (21) Materials recovery facility does not include:

 

     (a) A retail, commercial, or industrial establishment that

 

bales for off-site shipment managed material that it generates.

 

     (b) A retail establishment that collects returnable beverage

 

containers under 1976 IL 1, MCL 445.571 to 445.576.

 

     (c) A beverage distributor, or its agent, that manages

 

returnable beverage containers under 1976 IL 1, MCL 445.571 to

 

445.576.

 

     (d) An end user or secondary processor of recycled materials

 

that were primarily generated by an industrial facility or were


previously sorted or processed.

 

     (22) "Materials utilization" means recycling, composting, or

 

converting material into energy rather than disposing the material.

 

     (23) "Materials utilization facility" means a facility that is

 

any of the following:

 

     (a) A materials recovery facility.

 

     (b) A composting facility.

 

     (c) An anaerobic digester, except at a manufacturing facility

 

that generates its own feedstock.

 

     (d) An innovative technology or practice facility.

 

     (24) "Materials utilization goals" means goals identified in

 

the MMP pursuant to section 11578(a).

 

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

 

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

 

333.13805.

 

     (26) "Medium composting facility" means a composting facility

 

to which all of the following apply:

 

     (a) The site at any time contains 1,000 or more cubic yards of

 

compostable material, but does not at any time contain more than

 

10,000 cubic yards of compostable material.

 

     (b) The site does not at any time contain more than 10% by

 

volume of class 1 compostable material other than yard waste.

 

     (c) Unless approved by the department, the site does not at

 

any time on any acre contain more than 5,000 cubic yards of

 

compostable material, finished product, compost additives, or

 

screening rejects.

 

     (27) (9) "Mixed wood ash" means the material recovered from


air pollution control systems for, or the noncombusted residue

 

remaining after, the combustion of any combination of wood, scrap

 

wood, railroad ties, or tires, if railroad ties composed less than

 

35% by weight of the total combusted material and tires composed

 

less than 10% by weight of the total combusted material.

 

     (28) "Municipal solid waste" means household waste, commercial

 

waste, waste generated by other nonindustrial locations, waste that

 

has characteristics similar to that generated at a household or

 

commercial business, or any combination thereof. Municipal solid

 

waste does not include municipal wastewater treatment sludges,

 

industrial process wastes, automobile bodies, combustion ash, or

 

construction and demolition debris.

 

     (29) (10) "Municipal solid waste incinerator" means an

 

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

 

meets all of the following requirements:

 

     (a) The incinerator receives solid waste from off site and

 

burns only household waste from single and multiple dwellings,

 

hotels, motels, and other residential sources, or this household

 

waste together with solid waste from commercial, institutional,

 

municipal, county, or industrial sources that, if disposed of,

 

would not be required to be placed in a disposal facility licensed

 

under part 111.

 

     (b) The incinerator has established contractual requirements

 

or other notification or inspection procedures sufficient to ensure

 

that the incinerator receives and burns only waste referred to in

 

subdivision (a).

 

     (c) The incinerator meets the requirements of this part 115.


and the rules promulgated under this part.

 

     (d) The incinerator is not an industrial furnace as defined in

 

40 CFR 260.10.

 

     (e) The incinerator is not an incinerator that receives and

 

burns only medical waste or only waste produced at 1 or more

 

hospitals.

 

     (30) (11) "Municipal solid waste incinerator ash" means the

 

substances remaining after combustion in a municipal solid waste

 

incinerator.

 

     (31) "Municipal solid waste recycling rate" means the amount

 

of municipal solid waste recycled or composted divided by the

 

amount of municipal solid waste recycled, composted, landfilled, or

 

incinerated.

 

     (32) (12) "Nonresidential property" means property not used or

 

intended to be used for any of the following:

 

     (a) A child day care center.

 

     (b) An elementary school.

 

     (c) An elder care and assisted living center.

 

     (d) A nursing home.

 

     (e) A single-family or multifamily dwelling unless the

 

dwelling is part of a mixed use development and all dwelling units

 

and associated outdoor residential use areas are located above the

 

ground floor.

 

     (33) "Operate" includes, but is not limited to, conducting,

 

managing, and maintaining.

 

     (34) "Part 115" means this part and rules promulgated under

 

this part.


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

 

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

 

     (36) (14) "Perpetual care fund bond" means a surety bond, an

 

irrevocable letter of credit, or a combination of these instruments

 

in favor of and on a form approved by the department by which a

 

perpetual care fund is established.

 

     (37) "Planning area" means the geographic area to which a

 

materials management plan applies.

 

     (38) "Planning committee" means a committee appointed under

 

section 11572.

 

     (39) "Preexisting unit" means a landfill unit that is or was

 

licensed under part 115 but has not received waste after October 9,

 

1993.

 

     (40) (15) "Pulp and paper mill ash" means the material

 

recovered from air pollution control systems for, or the

 

noncombusted residue remaining after, the combustion of any

 

combination of coal, wood, pulp and paper mill material, wood or

 

biomass fuel pellets, scrap wood, railroad ties, or tires, from a

 

boiler, power plant, or furnace at a pulp and paper mill, if

 

railroad ties composed less than 35% by weight of the total

 

combusted material and tires composed less than 10% by weight of

 

the total combusted material.

 

     (41) (16) "Pulp and paper mill material" means all of the

 

following materials if generated at a facility that produces pulp

 

or paper:

 

     (a) Wastewater treatment sludge, including wood fibers,

 

minerals, and microbial biomass.


     (b) Rejects from screens, cleaners, and mills.

 

     (c) Bark, wood fiber, and chips.

 

     (d) Scrap paper.

 

     (e) Causticizing residues, including lime mud and grit and

 

green liquor dregs.

 

     (f) Any material that the department determines has

 

characteristics that are similar to any of the materials listed in

 

subdivisions (a) to (e).

 

     (42) "Pyrolysis" means a process that does not involve

 

combustion and through which materials are heated in the absence of

 

oxygen until melted and thermally decomposed, and then are cooled,

 

condensed, and converted into other intermediate or final products.

 

     Sec. 11505. (1) "RDDP" means a research, development, and

 

demonstration project for a new or existing type II landfill unit

 

or for a lateral expansion of a type II landfill unit.

 

     (2) (1) "Recyclable materials" means source separated

 

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

 

metal, plastic, aluminum, newspaper, corrugated plastics, paper

 

products, wood, rubber, textiles, food waste, yard clippings,

 

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

 

     (3) "Recycling" means an action or process, such as

 

separation, sorting, baling, or shipping, applied to materials that

 

are no longer being used and that would have otherwise been

 

disposed as waste, for the purpose of conversion into raw materials

 

or new products.

 

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

 

means the regional solid waste planning agency designated by the


governor pursuant to 42 USC 6946.

 

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

 

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

 

equipment, or structures, installed or acquired for the primary

 

purpose of recovering materials or energy from the waste stream.

 

     (6) (4) "Response activity" means an activity that is

 

necessary to protect the public health, safety, welfare, or the

 

environment, and includes, but is not limited to, evaluation,

 

cleanup, removal, containment, isolation, treatment, monitoring,

 

maintenance, replacement of water supplies, and temporary

 

relocation of people.

 

     (7) "Restricted use compost" means compost that is produced

 

from class 2 compostable material, including any combination of

 

class 1 compostable material and class 2 compostable material, that

 

is not approved as inert under section 11553(3).

 

     (8) "Reuse" means to remanufacture, use again, use in a

 

different manner, or use after reclamation.

 

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

 

ashes, consisting of both combustible and noncombustible waste,

 

including paper, cardboard, metal containers, yard clippings,

 

waste, wood, glass, bedding, crockery, demolished building

 

materials, or litter of any kind that may be a detriment to the

 

public health and safety.

 

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

 

of reusable materials from solid waste.

 

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

 

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


     (11) (8) "Scrap wood" means wood or wood product that is 1 or

 

more of the following:

 

     (a) Plywood, particle board, pressed board, oriented strand

 

board, fiberboard, resonated wood, or any other wood or wood

 

product mixed with glue, resins, or filler.

 

     (b) Wood or wood product treated with creosote or

 

pentachlorophenol.

 

     (c) Any wood or wood product designated as scrap wood in rules

 

promulgated by the department.

 

     (9) "Site separated material" means glass, metal, wood, paper

 

products, plastics, rubber, textiles, garbage, or any other

 

material approved by the department that is separated from solid

 

waste for the purpose of recycling or conversion into raw materials

 

or new products.

 

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

 

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

 

     (13) (10) "Slag" means the nonmetallic product resulting from

 

melting or smelting operations for iron or steel.

 

     (14) "Small composting facility" means a composting facility

 

to which both of the following apply:

 

     (a) The site at any time contains more than 500 cubic yards of

 

compostable material but does not at any time contain 1,000 or more

 

cubic yards of compostable material.

 

     (b) The site does not at any time contain more than 5% by

 

volume of class 1 compostable material other than yard waste.

 

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

 

rubbish, ashes, incinerator ash, incinerator residue, street


cleanings, municipal and industrial sludges, solid commercial

 

waste, solid industrial waste, and animal waste. However, solid

 

waste does not include the following:

 

     (a) Human body waste.

 

     (b) Medical waste.

 

     (c) Organic waste Manure or animal bedding generated in the

 

production of livestock and poultry, if managed in compliance with

 

the appropriate GAAMPS.

 

     (d) Liquid waste.

 

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

 

processor or to a reuser of ferrous or nonferrous products.

 

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

 

reuser of slag or slag products.

 

     (g) Sludges and ashes managed as recycled or nondetrimental

 

materials appropriate for agricultural or silvicultural use

 

pursuant to a plan approved by the department.

 

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

 

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

 

forestland for an agricultural or silvicultural purpose at an

 

agronomic rate consistent with GAAMPS:

 

     (i) Food processing residuals and garbage.food waste.

 

     (ii) Precipitated calcium carbonate from sugar beet

 

processing.

 

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

 

only wood that is untreated and inert.

 

     (iv) Lime from kraft pulping processes generated prior to

 

before bleaching.


     (v) Aquatic plants.

 

     (i) Materials approved for emergency disposal by the

 

department.

 

     (j) Source separated materials.

 

     (k) Site separated material.

 

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

 

circumstances:

 

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

 

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

 

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

 

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

 

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

 

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

 

the Michigan test methods (MTM).

 

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

 

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

 

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

 

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

 

least 10% available lime.

 

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

 

least 4 feet above the seasonal groundwater table and covered with

 

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

 

     (l) (m) Inert material.

 

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

 

beets, has not more than 35% moisture content, and is registered as

 

a soil conditioner under part 85. Any testing required to become

 

registered under part 85 is the responsibility of the generator.


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

 

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

 

diversion center.

 

     (p) (q) Beneficial use by-products.

 

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

 

economizer ash, when used as cold weather road abrasive.

 

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

 

the Upper Peninsula by any of the following:

 

     (i) A public road agency.

 

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

 

road agency.

 

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

 

process that generated it.

 

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

 

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

 

combusted.

 

     (u) (v) Other wastes regulated by statute.

 

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

 

solid waste transporting unit.

 

     (3) "Solid waste management fund" means the solid waste

 

management fund created in section 11550.

 

     (4) (3) "Solid waste processing plant" and transfer facility"

 

means a tract of land, a building , or unit, or appurtenance and

 

any appurtenances of a building or unit, or a container, or a any

 

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

 

intended for use for in the handling, storage, transfer, or

 

processing of solid waste, or the separation of material for


salvage or disposal, or both, but does not include a plant engaged

 

primarily in the acquisition, processing, and shipment of ferrous

 

or nonferrous metal scrap, or a plant engaged primarily in the

 

acquisition, processing, and shipment of slag or slag products.and

 

is not located at the site of generation or the site of disposal of

 

the solid waste. Solid waste processing and transfer facility

 

includes a pyrolysis facility or gasification plant that uses solid

 

waste as a feedstock.

 

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

 

which may be an integral part of a truck or other piece of

 

equipment, used for the transportation of solid waste.

 

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

 

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

 

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

 

in the rehandling or storage of solid waste incidental to the

 

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

 

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

 

     (6) "Source reduction" means any practice that reduces or

 

eliminates the generation of waste at the source.

 

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

 

materials if separated at the source of generation or at a

 

materials management facility that complies with part 115 and if

 

not speculatively accumulated:

 

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

 

textiles, garbage, food waste, electronics, latex paint, yard

 

waste, or any other material approved by the department, that is

 

used for conversion into raw materials or new products. For the


purposes of this subdivision, raw materials or new products

 

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

 

digestion, synthetic synthesis gas from gasification or pyrolysis,

 

or other fuel. This subdivision does not prevent prohibit material

 

from being classified as a renewable energy resource as defined in

 

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

 

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

 

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

 

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

 

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

 

department.

 

     (c) Chipped or whole tires used to fuel an industrial boiler,

 

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

 

uses approved by the department. This subdivision does not prevent

 

prohibit material from being classified as a renewable energy

 

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

 

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

 

460.1011.

 

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

 

boiler, kiln, power plant, gasification facility, or furnace,

 

subject to part 55; , if bonded with cement or asphalt; or if used

 

for other uses approved by the department.

 

     (e) Gypsum drywall generated from the production of wallboard

 

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

 

approved by the department.

 

     (f) Flue gas desulfurization gypsum used for production of

 

cement or wallboard or other uses approved by the department.


     (g) Asphalt shingles that do meet both of the following

 

requirements:

 

     (i) Do not contain asbestos, rolled roofing, or tar paper.

 

     (ii) Are used as a component in asphalt, or used to fuel an

 

industrial boiler, kiln, power plant, or furnace, subject to part

 

55, or for other uses approved by the department.

 

     (h) Municipal solid waste incinerator ash that meets criteria

 

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

 

disposal facility licensed pursuant to this part 115.

 

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

 

similar uses approved by the department in writing.

 

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

 

similar uses approved by the department in writing.

 

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

 

section 11553(8).

 

     (l) Leaves that are ground or mixed with ground wood and sold

 

as mulch for landscaping purposes if the volumes so managed are

 

reported to the department in the manner provided in section 11560.

 

     (m) (l) Any material determined by the department in writing

 

prior to the effective date of the 2014 amendatory act that added

 

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

 

material.

 

     (n) Yard waste that is land applied on a farm at agronomic

 

rates consistent with GAAMPS.

 

     (o) Yard waste, class 1 compostable material, and class 2

 

compostable material that are delivered to an anaerobic digester

 

authorized under part 115 by the department to receive the


material.

 

     (p) Recyclable materials.

 

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

 

resulting from mining, milling, or smelting of copper ore and

 

includes native substances contained within the crushed rock and

 

any ancillary material associated with the crushed rock.

 

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

 

been treated with 1 or more of the following:

 

     (a) Chromated copper arsenate (CCA).

 

     (b) Ammoniacal copper quat (ACQ).

 

     (c) Ammoniacal copper zinc arsenate (ACZA).

 

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

 

department.

 

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

 

the authority to act as a trustee and whose trust operations are

 

regulated and examined by a federal or state agency.

 

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

 

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

 

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

 

of the Michigan administrative code.Administrative Code.

 

     (12) "Type II landfill" means a landfill that receives

 

household waste or municipal solid waste incinerator ash, or both,

 

and that may also receive other types of solid waste, such as any

 

of the following:

 

     (a) Construction and demolition waste.

 

     (b) Sewage sludge.

 

     (c) Commercial waste.


     (d) Nonhazardous sludge.

 

     (e) Hazardous waste from conditionally exempt small quantity

 

generators.

 

     (f) Industrial waste.

 

     (13) "Type III landfill" means a landfill that is not a type

 

II landfill or hazardous waste landfill and includes all of the

 

following:

 

     (a) A construction and demolition waste landfill.

 

     (b) An industrial waste landfill.

 

     (c) A low hazard industrial waste landfill.

 

     (d) A surface impoundment authorized as an industrial waste

 

landfill.

 

     (e) A landfill that accepts only waste other than household

 

waste, municipal solid waste incinerator ash, or hazardous waste

 

from conditionally exempt small quantity generators.

 

     (14) "Vermiculture" means the controlled and managed process

 

by which live worms degrade organic materials into worm castings or

 

worm humus.

 

     (15) (11) "Waste diversion center" means property or a

 

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

 

the purpose of receiving or collecting diverted wastes and not used

 

for residential purposes.

 

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

 

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

 

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

 

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

 

contaminated during manufacture or use.


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

 

from the burning of wood.

 

     (18) (14) "Yard clippings" waste" means leaves, grass

 

clippings, vegetable or other garden debris, shrubbery, or brush or

 

tree trimmings, less than 4 feet in length and 2 inches in

 

diameter, that can be converted to compost. humus. Yard clippings

 

do waste does not include stumps, agricultural wastes, animal

 

waste, roots, sewage sludge, or garbage.Christmas trees or other

 

holiday decorations made of vegetation, food waste, or finished

 

compost made from yard waste.

 

     Sec. 11507. (1) Optimizing recycling opportunities, including

 

electronics recycling opportunities, and the reuse of materials are

 

a principal objective of this state's solid waste management plan.

 

Recycling and reuse of materials, including the reuse of materials

 

from electronic devices, are in the best interest of the public

 

health and welfare. This state should develop policies and

 

practices that promote recycling and reuse of materials, waste

 

reduction, and pollution prevention and that, to the extent

 

practical, minimize the use of landfilling and municipal solid

 

waste incineration as methods for disposal of waste. Policies and

 

practices that promote recycling and reuse of materials, including

 

materials from electronic devices, result in conservation of raw

 

materials and landfill space and avoid the contamination of soil

 

and groundwater from heavy metals and other pollutants.

 

     (2) It is the goal of this state to achieve a 45% municipal

 

solid waste recycling rate, and, as an interim step, a 30%

 

municipal solid waste recycling rate by 2025, through the benchmark


recycling standards.

 

     (3) (1) The department and a local health officer shall assist

 

in developing and encouraging methods for the disposal of solid

 

waste that are environmentally sound, that maximize the utilization

 

of valuable resources, and that encourage resource conservation

 

including source reduction and source separation.

 

     (4) (2) This part Part 115 shall be construed and administered

 

to encourage and facilitate the effort of all persons to engage in

 

source separation and site separation of material from solid waste,

 

and other environmentally sound measures to prevent materials from

 

entering the waste stream or which encourage the removal of to

 

remove materials from the waste stream.

 

     (5) A person shall not dispose, store, or transport solid

 

waste in this state unless the person complies with the

 

requirements of part 115.

 

     (6) (3) The department may exempt from regulation under this

 

part solid waste that is determined by the department to be inert

 

material for uses and in a manner approved by the department.Part

 

115 is intended to encourage the continuation of the private sector

 

in materials management, disposal, and transportation in compliance

 

with part 115. Part 115 is not intended to prohibit salvaging.

 

     Sec. 11507a. (1) The owner or operator of a landfill shall

 

annually submit a report to the state and the county and

 

municipality in which the landfill is located that contains

 

information on the amount of solid waste received by the landfill

 

during the year itemized, to the extent possible, by county, state,

 

or country of origin and the amount of remaining disposal capacity


at the landfill. Remaining disposal capacity shall be calculated as

 

the permitted capacity less waste in place for any area that has

 

been constructed and is not yet closed plus the permitted capacity

 

for each area that has a permit for construction under this part

 

but has not yet been constructed. The report shall be submitted on

 

a form provided by the department within 45 days following the end

 

of each state fiscal year.

 

     (2) By January 31 of each year, the department shall submit to

 

the legislature a report summarizing the information obtained under

 

subsection (1). Under rules promulgated by the department, the

 

department may certify a city, county, or district health

 

department to perform a solid waste management program or

 

designated activities as prescribed in part 115. The department may

 

rescind certification under either of the following circumstances:

 

     (a) Upon request of the certified health department.

 

     (b) After reasonable notice and an opportunity for a hearing

 

if the department finds that the certified health department is not

 

performing the program or designated activities as required.

 

     Sec. 11508. (1) A city, county, or district health department

 

may be certified by the department to perform a solid waste

 

management program. Certification procedures shall be established

 

by the department by rule. The department may rescind certification

 

upon request of the certified health department or after reasonable

 

notice and hearing if the department finds that a certified health

 

department is not performing the program as required.A person shall

 

not operate a materials management facility unless the following

 

requirements are met:


     (a) The owner or operator has complied with any applicable

 

requirement of part 115 to notify the department, register with the

 

department, obtain an approval from the department under a general

 

permit, or obtain a construction permit and operating license from

 

the department.

 

     (b) The operation is in compliance with the terms of any

 

registration, general permit, construction permit, or operating

 

license issued for the materials management facility issued under

 

part 115.

 

     (c) If the materials management facility is a disposal area or

 

materials utilization facility that is required to be permitted,

 

licensed, approved under a general permit, or registered under part

 

115 or for which a notification is required to be submitted to the

 

department for operation under part 115, the facility is consistent

 

with the MMP. This subdivision does not apply to a disposal area

 

described in section 11509(1)(a) or (b).

 

     (2) The department shall deny an application for a

 

registration, for approval under a general permit, or for a

 

construction permit or operating license for a materials management

 

facility unless the department has, under section 11575, approved

 

an MMP for the planning area where the facility is located or

 

proposed to be located and the facility is consistent with the MMP,

 

as determined under section 11585. However, both of the following

 

apply:

 

     (a) Before an MMP is initially approved by the department

 

under section 11575, the department may issue a construction permit

 

for a solid waste processing and transfer facility or an approval


under a general permit for a materials utilization facility if the

 

CBC and the legislative body of the municipality in which the

 

facility is or is proposed to be located have each notified the

 

department in writing that they approve the issuance.

 

     (b) Proposed landfill expansions shall follow the siting

 

process of the existing solid waste management plan until an MMP

 

for the planning area is approved by the department.

 

     (3) A notification or application under part 115 for a

 

construction permit, operating license, approval under a general

 

permit, or registration required to operate a materials management

 

facility; a notice of intent to prepare a materials management

 

plan; a landfill care fund bond; a risk pooling financial

 

mechanism; a request for the reduction of the amount of a financial

 

assurance mechanism; an agreement governing the operation of a

 

perpetual care fund trust or escrow account; an application for a

 

grant or loan; or a report or other information required to be

 

submitted to the department under part 115 shall meet all of the

 

following requirements:

 

     (a) Be submitted on a form and in a format provided or

 

approved by the department.

 

     (b) Contain relevant information required by the department.

 

     (c) If an application, be accompanied by any applicable

 

application fee provided for by this part.

 

SUBPART 2 DISPOSAL AREAS

 

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

 

a This section and sections 11510 to 11512 apply to disposal areas

 

other than the following:


     (a) A solid waste processing and transfer facility described

 

in section 11513(2) or (3).

 

     (b) An incinerator that does not comply with the construction

 

permit and operating license requirements of this subpart, as

 

allowed under section 11540.

 

     (2) A person shall not establish a disposal area except as

 

authorized by a construction permit issued by the department

 

pursuant to part 13. In addition, a person shall not establish a

 

disposal area contrary to an approved solid waste management plan,

 

or contrary to a permit, license, or final order issued pursuant to

 

this part. A person proposing the establishment of a disposal area

 

shall apply submit the application for a construction permit to the

 

department through the appropriate local health officer. If

 

However, if the disposal area is located in a county or city that

 

does not have a certified health department, the application shall

 

be made submitted directly to the department. An application for a

 

construction permit shall be accompanied by an engineering plan.

 

     (3) (2) The application for a construction permit shall

 

contain the name and residence of the applicant, the location of

 

the proposed disposal area, the design capacity of the disposal

 

area, and other information specified by rule. A person may apply

 

to construct more than 1 type of disposal area at the same facility

 

under a single permit. The An application for a construction permit

 

for a landfill shall be accompanied by an engineering plan and a

 

construction permit an application fee as follows: . A construction

 

permit application for a landfill shall be accompanied by a fee in

 

an amount that is the sum of all of the following fees, as


applicable:

 

     (a) For a new sanitary landfill, the following: a fee equal to

 

the following amount:

 

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

 

     (ii) For Except as provided in subparagraph (iii), for an

 

industrial waste landfill, $1,000.00.

 

     (iii) For a type III landfill limited to low hazard industrial

 

waste, $750.00.

 

     (b) For a lateral expansion of a sanitary an existing

 

landfill, a fee equal to the following amount:the following:

 

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

 

     (ii) For Except as provided in subparagraph (iii), for an

 

industrial waste landfill, $750.00.

 

     (iii) For a type III landfill limited to low hazard industrial

 

waste, construction and demolition waste, or other nonindustrial

 

waste, $500.00.

 

     (c) For a vertical expansion of an existing sanitary landfill,

 

a fee equal to the following amount:the following:

 

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

 

     (ii) For Except as provided in subparagraph (iii) for an

 

industrial waste landfill, $500.00.

 

     (iii) For an industrial waste landfill limited to low hazard

 

industrial waste, construction and demolition waste, or other

 

nonindustrial waste, $250.00.

 

     (4) (3) The An application for a construction permit for a

 

solid waste transfer facility, a solid waste processing plant,

 

other disposal area , or a combination of these, that is not a


landfill shall be accompanied by a an application fee in the

 

following amount:

 

     (a) For a new facility disposal area for municipal solid waste

 

, or a combination of municipal solid waste and waste listed in

 

subdivision (b), $1,000.00.

 

     (b) For a new facility disposal area for industrial waste, or

 

construction and demolition waste, $500.00.

 

     (c) For the expansion of an existing facility disposal area

 

for any type of waste, $250.00.

 

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

 

administratively incomplete, the department shall refund the entire

 

fee. the applicant may, within 1 year after the application is

 

returned, resubmit the application, together with the additional

 

information as needed to address the reasons for being incomplete,

 

without paying an additional application fee. If a permit is denied

 

or an application is withdrawn, the department shall refund 1/2 the

 

amount specified in subsection (3) to the applicant. An an

 

applicant for a construction permit, within 12 months 1 year after

 

a permit denial or application withdrawal, may resubmit the

 

application, and the refunded portion of the fee, together with the

 

additional information as needed to address the reasons for denial,

 

without being required to pay paying an additional application fee.

 

     (6) (5) An Subject to section 11510(2)(d), an application for

 

a modification to a construction permit or for renewal of a

 

construction permit which that has expired shall be accompanied by

 

a fee of $250.00. Increases in final elevations that do not result

 

in an increase in design capacity or a change in the solid waste


boundary shall be considered a modification and not a vertical

 

expansion.

 

     (7) (6) A person may apply for a single permit to construct

 

more than 1 type of disposal area at the same facility. A person

 

who applies to permit more than 1 type of disposal area at the same

 

facility shall pay a fee equal to the sum of the applicable fees

 

listed in this section for each type of disposal area.

 

     (8) (7) The department shall deposit permit application fees

 

collected under this section in the solid waste staff account of

 

the solid waste management fund. established in section 11550.

 

     (9) The department shall not approve an application for a

 

construction permit for a new type II landfill that is not

 

contiguous to an already permitted type II landfill or for a new

 

municipal solid waste incinerator unless the approval is requested

 

by the CBC and the department determines that the landfill or

 

incinerator is needed for the planning area. The CBC's request

 

shall include a demonstration that materials utilization options

 

have been exhausted. The department's determination of need shall

 

be based on human health, solid waste disposal capacity, and

 

economic issues that would arise without the new site.

 

     (10) As used in this section, "contiguous" means either of the

 

following:

 

     (a) On the same property. The property may be divided by

 

either of the following:

 

     (i) The boundary of a local unit of government.

 

     (ii) A public or private right-of-way if access to and from

 

the right-of-way for each piece of the property is opposite the


access for the other piece of the property so that movement between

 

the 2 pieces of the property is by crossing the right-of-way.

 

     (b) On 2 or more properties owned by the same person if the

 

properties are connected by a right-of-way that the owner controls

 

and to which the public does not have access.

 

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

 

application under section 11509 for a new disposal area, the

 

applicant shall request a local health officer or the department to

 

provide an advisory analysis of the proposed disposal area.

 

However, the The applicant, not less than 15 days after the

 

request, and notwithstanding an analysis result, may file an

 

application for a construction permit.

 

     (2) Upon receipt of a construction permit application, the

 

department shall do all of the following:

 

     (a) Immediately notify the clerk of the municipality in which

 

the disposal area is located or proposed to be located, the local

 

soil erosion and sedimentation control agency under part 93, each

 

division within the department and the department of natural

 

resources that has responsibilities in land, air, or water

 

management, and the designated regional solid waste management the

 

regional planning agency, and the designated planning agency for

 

the planning area.

 

     (b) Publish a notice in a newspaper or by electronic media

 

having major circulation or viewership in the vicinity of the

 

proposed disposal area. The required published notice shall contain

 

a all of the following:

 

     (i) A map indicating the location of the proposed disposal


area. and shall contain a

 

     (ii) A description of the proposed disposal area. and the

 

     (iii) The location where the complete application package may

 

be reviewed and where copies may be obtained.

 

     (c) Indicate in the public, departmental, and municipality

 

notice notices under subdivisions (a) and (b) that the department

 

shall will hold a public hearing in the area of the proposed

 

disposal area if a written request is submitted by the applicant,

 

or a municipality, or a designated planning agency within 30 days

 

after the date of publication of the notice, or by a petition

 

submitted to the department containing a number of signatures equal

 

to not less than 10% of the number of registered voters of the

 

municipality where the proposed disposal area is to be located who

 

voted in the last gubernatorial election. The petition shall be

 

validated by the clerk of the municipality. The public hearing

 

shall be held after the department makes a preliminary review of

 

the application and all pertinent data and before a construction

 

permit is issued or denied.

 

     (d) Conduct a consistency review of the plans of the proposed

 

disposal area, including the site, plans, and application to

 

determine if it complies they comply with this part 115. and the

 

rules promulgated under this part. The review shall be made

 

conducted by persons qualified in hydrogeology and, sanitary if the

 

disposal area is a landfill, landfill engineering. A The department

 

shall not issue a construction permit unless the persons conducting

 

the review submit to the department a written acknowledgment that

 

the application package is in compliance with the requirements of


this part 115. and rules promulgated under this part by the persons

 

qualified in hydrogeology and sanitary landfill engineering shall

 

be received before a construction permit is issued. If the

 

consistency review of the site and the plans and the application

 

meet the requirements of this part and the rules promulgated under

 

this part, the department shall issue a construction permit that

 

The construction permit may contain a stipulation specifically

 

applicable to the site and operation. Except as otherwise provided

 

in section 11542, an expansion of the area of a disposal area, an

 

enlargement in capacity of a disposal area, a change in the solid

 

waste boundary, or an alteration of a disposal area to a different

 

type of disposal area than had been specified in the previous

 

construction permit application constitutes a new proposal for

 

which a new construction permit is required rather than a

 

modification of a construction permit under section 11509(6). The

 

upgrading of a disposal area type required by the department to

 

comply with this part or the rules promulgated under this part 115

 

or to comply with a consent order does not require a new

 

construction permit.

 

     (e) Notify the Michigan aeronautics commission if the disposal

 

area is a sanitary landfill that is a new site or a lateral

 

extension or vertical expansion of an existing unit proposed to be

 

located within 5 miles of a runway or a proposed runway extension

 

contained in a plan approved by the Michigan aeronautics commission

 

of an airport licensed and regulated by the Michigan aeronautics

 

commission. The department shall make a copy of the application

 

available to the Michigan aeronautics commission. If, after a


period of time for review and comment not to exceed not more than

 

60 days after receiving notification from the department, the

 

Michigan aeronautics commission informs the department that it

 

finds that operation of the proposed disposal area would present a

 

potential hazard to air navigation and presents the basis for its

 

findings, the department may either recommend appropriate changes

 

in the location, construction, or operation of the proposed

 

disposal area or deny the application for a construction permit.

 

The department shall give an applicant an opportunity to rebut a

 

finding of the Michigan aeronautics commission that the operation

 

of a proposed disposal area would present a potential hazard to air

 

navigation. The Michigan aeronautics commission shall notify the

 

department and the owner or operator of a landfill if the Michigan

 

aeronautics commission is considering approving a plan that would

 

provide for a runway or the extension of a runway within 5 miles of

 

a the landfill.

 

     Sec. 11511. (1) The department shall notify the clerk of the

 

municipality in which the disposal area is proposed to be located

 

and the applicant of its approval or denial of an application for a

 

construction permit under section 11509 within 10 days after the

 

final decision is made.

 

     (2) A construction permit shall expire expires 1 year after

 

the date of issuance, unless development under the construction

 

permit is initiated within that year. A construction permit that

 

has expired may be renewed upon payment of a permit renewal fee of

 

$250.00 and submission of any additional relevant information the

 

department may require.


     (3) Except as otherwise provided in this subsection, the

 

department shall not issue a construction permit for a disposal

 

area within a planning area unless a solid waste management plan

 

for that planning area has been approved pursuant to sections 11536

 

and 11537 and unless the disposal area complies with and is

 

consistent with the approved solid waste management plan. The

 

department may issue a construction permit for a disposal area

 

designed to receive ashes produced in connection with the

 

combustion of fossil fuels for electrical power generation in the

 

absence of an approved county solid waste management plan, upon

 

receipt of a letter of approval from whichever county or counties,

 

group of municipalities, or regional planning agency has prepared

 

or is preparing the county solid waste management plan for that

 

planning area under section 11533 and from the municipality in

 

which the disposal area is to be located.

 

     Sec. 11511b. (1) A person may submit to the department a

 

project abstract for an RDDP. If, based on the project abstract,

 

the director department determines that the RDDP will provide

 

beneficial data on alternative landfill design, construction, or

 

operating methods, the person may apply for a construction permit

 

under section 11509, including the renewal or modification of a

 

construction permit, authorizing the person to establish the RDDP.

 

     (2) An RDDP is subject to the same requirements, including,

 

but not limited to, permitting, construction, licensing, operation,

 

closure, postclosure, financial assurance, fees, and sanctions as

 

apply to other type II landfills or landfill units under this part

 

and the rules promulgated under this part 115, except as provided


in this section.

 

     (3) An extension of the processing period for an RDDP

 

construction permit is not subject to the limitations under section

 

1307.

 

     (4) An application for an RDDP construction permit shall

 

include, in addition to the applicable information required in

 

other type II landfill construction permit applications, all of the

 

following:

 

     (a) A description of the RDDP goals.

 

     (b) Details of the design, construction, and operation of the

 

RDDP as necessary to ensure protection of human health and the

 

environment. The design shall be at least as protective of human

 

health and the environment as other designs that are required under

 

this part 115. and rules promulgated under this part.

 

     (c) A list and discussion of the types of waste that will be

 

disposed of, excluded, or added, including the types and amount of

 

liquids that will be added under subsection (5) and how the

 

addition will benefit the RDDP.

 

     (d) A list and discussion of the types of compliance

 

monitoring and operational monitoring that will be performed.

 

     (e) Specific means to address potential nuisance conditions,

 

including, but not limited to, odors and health concerns as a

 

result of human contact.

 

     (5) The department may authorize the addition of liquids,

 

including, but not limited to, septage waste or other liquid waste,

 

to solid waste in an RDDP if the applicant has demonstrated that

 

the addition is necessary to accelerate or enhance the


biostabilization of the solid waste and is not merely a means of

 

disposal of the liquid. The department may require that the septage

 

waste, or any other liquid waste, added to an RDDP originate within

 

the county where the RDDP is located or any county contiguous to

 

the county where the RDDP is located. If an RDDP is intended to

 

accelerate or enhance biostabilization of solid waste, the

 

construction permit application shall include, in addition to the

 

requirements information required under of subsection (4), all of

 

the following:

 

     (a) An evaluation of the potential for a decreased slope

 

stability of the waste caused by any of the following:

 

     (i) Increased presence of liquids.

 

     (ii) Accelerated degradation of the waste.

 

     (iii) Increased gas pressure buildup.

 

     (iv) Other relevant factors.

 

     (b) An operations management plan that incorporates all of the

 

following:

 

     (i) A description of and the proportion and expected quantity

 

of all components that are needed to accelerate or enhance

 

biostabilization of the solid waste.

 

     (ii) A description of any solid or liquid waste that may be

 

detrimental to the biostabilization of the solid waste intended to

 

be disposed of or to the RDDP goals.

 

     (iii) An explanation of how the detrimental waste described in

 

subparagraph (ii) will be prevented from being disposed of in cells

 

approved for the RDDP.

 

     (c) Parameters, such as moisture content, stability, gas


production, and settlement, that will be used by the department to

 

determine the beginning of the postclosure period for the RDDP

 

under subsection (10).

 

     (d) Information to ensure that the requirements of subsection

 

(6) will be met.

 

     (6) An RDDP shall meet all of the following requirements:

 

     (a) Ensure that added Added liquids are shall be evenly

 

distributed and that side slope breakout of liquids is prevented.

 

     (b) Ensure that daily Daily cover practices or disposal of low

 

permeability solid wastes does shall not adversely affect the free

 

movement of liquids and gases within the waste mass.

 

     (c) Include all of the following:

 

     (i) A means to monitor the moisture content and temperature of

 

the waste.

 

     (ii) A leachate collection system of adequate size for the

 

anticipated increased liquid production rates. The design's factor

 

of safety shall take into account the anticipated increased

 

operational temperatures and other factors as appropriate.

 

     (iii) A means to monitor the depth of leachate on the liner.

 

     (iv) An integrated active gas collection system. The system

 

shall be of adequate size for the anticipated methane production

 

rates and to control odors. The system shall must be operational

 

before the addition of any material to accelerate or enhance

 

biostabilization of the solid waste.

 

     (7) The owner or operator of an RDDP for which a construction

 

permit has been issued shall submit a report to the director

 

department at least once every 12 months on the progress of the


RDDP in achieving its goals. The report shall include a summary of

 

all monitoring and testing results, as well as any other operating

 

information specified by the director in the permit or in a

 

subsequent permit modification or operating condition.

 

     (8) A permit for an RDDP shall specify the term of the permit,

 

which shall not exceed 3 years. However, the owner or operator of

 

an RDDP may apply for and the department may grant an extension of

 

the term of the permit, subject to all of the following

 

requirements:

 

     (a) The application to extend the term of the permit must be

 

received by the department at least 90 days before the expiration

 

of the permit.

 

     (b) The application shall include a detailed assessment of the

 

RDDP showing the progress of the RDDP in achieving its goals, a

 

list of problems with the RDDP and progress toward resolving those

 

problems, and other information that the director department

 

determines is necessary to accomplish the purposes of this part

 

115.

 

     (c) If the department fails to make a final decision within 90

 

days of after receipt of an administratively complete application

 

for an extension of the term of a permit, the term of the permit is

 

extended for 3 years.

 

     (d) An individual extension shall not exceed 3 years, and the

 

total term of the permit with all extensions shall not exceed 21

 

years.

 

     (9) If the director department determines that the overall

 

goals of an RDDP, including, but not limited to, protection of


human health or the environment, are not being achieved, the

 

director department may order immediate termination of all or part

 

of the operations of the RDDP or may order other corrective

 

measures.

 

     (10) The postclosure period for a facility authorized as an

 

RDDP begins when the department determines that the unit or portion

 

of the unit where the RDDP was authorized has reached a condition

 

similar to the condition that non-RDDP landfills would reach prior

 

to postclosure. The parameters, such as moisture content,

 

stability, gas production, and settlement, to attain this condition

 

shall be specified in the permit. The perpetual landfill care fund

 

required under section 11525 shall be maintained for the period

 

after final closure of the landfill as specified under section

 

11525.11525c.

 

     (11) The director department may authorize the conversion of

 

an RDDP to a full-scale operation if the owner or operator of the

 

RDDP demonstrates to the satisfaction of the director department

 

that the goals of the RDDP have been met and the authorization does

 

not constitute a less stringent permitting requirement than is

 

required under subtitle D of the solid waste disposal act, 42 USC

 

6941 to 6949a, and regulations promulgated thereunder.

 

     (12) As used in this section, "RDDP" means a research,

 

development, and demonstration project for a new or existing type

 

II landfill unit or for a lateral expansion of a type II landfill

 

unit.

 

     Sec. 11512. (1) This section applies to disposal areas

 

described in section 11509(1).


     (2) A person shall not dispose of solid waste at a disposal

 

area licensed under this part unless a person is permitted unless

 

the disposal area is licensed under this section. However, a person

 

authorized by state law or rules promulgated by the department to

 

do so may dispose of the solid waste at the site of generation.

 

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

 

section 11529, a person shall not conduct, manage, maintain, or

 

operate a disposal area within this state except as authorized by

 

an operating license issued by the department pursuant to part 13.

 

In addition, a person shall not conduct, manage, maintain, or

 

operate a disposal area contrary to an approved solid waste

 

management plan, or contrary to a permit, license, or final order

 

issued under this part. A person who intends to conduct, manage,

 

maintain, or operate a The owner or operator of the disposal area

 

shall submit a license application to the department through a

 

certified health department. If the disposal area is located in a

 

county or city that does not have a certified health department,

 

the application shall be made directly to the department. A person

 

authorized by this part 115 to operate more than 1 type of disposal

 

area at the same facility may apply for a single license.

 

     (4) (3) The application for a license shall contain the name

 

and residence of the applicant, the location of the proposed or

 

existing disposal area, the type or types of disposal area

 

proposed, evidence of bonding, and other information required by

 

rule. In addition, an An applicant for a license for a type II or

 

type III landfill shall submit evidence of financial assurance

 

adequate to meet that meets the requirements of section 11523a, the


maximum waste slope in the active portion, an estimate of remaining

 

permitted capacity, and documentation on the amount of waste

 

received at the disposal area during the previous license period or

 

expected to be received, whichever is greater. The application

 

shall be accompanied by a fee as specified in subsections (7), (9),

 

and (10).

 

     (5) (4) At the time of An application for a license for a

 

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

 

the department shall include a certification under the seal of a

 

licensed professional engineer verifying that the construction of

 

the disposal area has proceeded according to the approved plans. If

 

construction of the disposal area or a portion of the disposal area

 

is not complete, the department shall require owner or operator

 

shall submit additional construction certification of that portion

 

of the disposal area under section 11516(4). during intermediate

 

progression of the operation, as specified in section 11516(5).

 

     (6) (5) An applicant for an operating license, within 6 months

 

after a license denial, may resubmit the application, together with

 

additional information or corrections as are necessary to address

 

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

 

application fee.

 

     (7) (6) In order to To conduct tests and assess operational

 

capabilities, the owner or operator of a municipal solid waste

 

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

 

2500 degrees Fahrenheit may operate the incinerator without an

 

operating license, upon notice to the department, for a period not

 

to exceed 60 days.


     (8) (7) The application for a type II landfill operating

 

license shall be accompanied by the following fee for the 5-year

 

term of the operating license, calculated in accordance with

 

subject to subsection (8):(9):

 

     (a) Landfills receiving less than 100 tons per day, $250.00.

 

     (b) Landfills receiving 100 tons per day or more, but less

 

than 250 tons per day, $1,000.00.

 

     (c) Landfills receiving 250 tons per day or more, but less

 

than 500 tons per day, $2,500.00.

 

     (d) Landfills receiving 500 tons per day or more, but less

 

than 1,000 tons per day, $5,000.00.

 

     (e) Landfills receiving 1,000 tons per day or more, but less

 

than 1,500 tons per day, $10,000.00.

 

     (f) Landfills receiving 1,500 tons per day or more, but less

 

than 3,000 tons per day, $20,000.00.

 

     (g) Landfills receiving greater more than 3,000 tons per day,

 

$30,000.00.

 

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

 

the average amount of waste in tons projected to be received daily

 

during the license period. Application fees for license renewals

 

shall be based on the average amount of waste received daily in the

 

previous calendar year based on a 365-day calendar year.

 

Application fees shall be adjusted in the following circumstances:

 

     (a) If a landfill accepts more waste than projected, a

 

supplemental fee equal to the difference shall be submitted with

 

the next license application.

 

     (b) If a landfill accepts less waste than projected, the


department shall credit the applicant an amount equal to the

 

difference with the next license application.

 

     (c) A type II landfill that measures waste by volume rather

 

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

 

     (c) (d) A landfill used exclusively for municipal solid waste

 

incinerator ash that measures waste by volume rather than weight

 

shall pay a fee based on 1 cubic yard per ton.

 

     (e) If an application is submitted to renew a license more

 

than 1 year prior to license expiration, the department shall

 

credit the applicant an amount equal to 1/2 the application fee.

 

     (f) If an application is submitted to renew a license more

 

than 6 months but less than 1 year prior to license expiration, the

 

department shall credit the applicant an amount equal to 1/4 the

 

application fee.

 

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

 

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

 

     (11) (10) The operating license application for a solid waste

 

processing plant, solid waste and transfer facility that manages

 

more than 200 cubic yards at any time, or other disposal area , or

 

combination of these entities that is not a landfill or surface

 

impoundment shall be accompanied by a fee equal to of $500.00.

 

     (12) (11) The department shall deposit operating license

 

application fees collected under this section in the perpetual care

 

account of the solid waste management fund. established in section

 

11550.

 

     (13) (12) A person who applies for an operating license for

 

more than 1 type of disposal area at the same facility shall pay a


fee equal to the sum of the applicable application fees listed in

 

this section.

 

     (14) The department shall not license a landfill unless the

 

landfill has an approved hydrogeologic monitoring program and the

 

owner or operator has provided the department with the monitoring

 

results. The department shall use this information in conjunction

 

with other information required by part 115 to determine a course

 

of action regarding licensing of the facility consistent with

 

section 4005 of subtitle D of the solid waste disposal act, 42 USC

 

6945, and with part 115. In deciding a course of action, the

 

department shall consider, at a minimum, the health hazards,

 

environmental degradation, and other public or private

 

alternatives. If a landfill violates part 115, the department may

 

revoke the landfill's license or issue a timetable or schedule of

 

remedial measures, including a sequence of actions or operations,

 

that leads to compliance with part 115 within a reasonable time

 

period.

 

     (15) A type II landfill does not require a separate solid

 

waste processing and transfer facility permit or license if the

 

type II landfill is solidifying industrial waste sludges on-site in

 

containers or tanks as specified in part 121 and that activity is

 

approved by the department as part of the facility's operations

 

plan.

 

     (16) An existing industrial waste landfill may accept the

 

following:

 

     (a) Industrial waste.

 

     (b) Solid waste that originates from an industrial site and is


not a hazardous waste regulated under part 111.

 

     (17) The owner or operator of a landfill shall annually submit

 

a report to the department and the county and municipality in which

 

the landfill is located that specifies the tonnage and type of

 

solid waste received by the landfill during the year itemized, to

 

the extent possible, by county, state, or country of origin and the

 

amount of remaining disposal capacity at the landfill. Remaining

 

disposal capacity shall be calculated as the permitted capacity

 

less waste in place for any area that has been constructed and is

 

not yet closed plus the permitted capacity for each area that has a

 

permit for construction under part 115 but has not yet been

 

constructed. The report shall be submitted within 45 days after the

 

end of each state fiscal year. By January 31 of each year, the

 

department shall submit to the legislature a report summarizing the

 

information obtained under this subsection.

 

     Sec. 11513. (1) A person shall not accept for disposal solid

 

waste or municipal solid waste incinerator ash that is not

 

generated in the county in which the disposal area is located

 

unless the acceptance of solid waste or municipal solid waste

 

incinerator ash that is not generated in the county is explicitly

 

authorized in the approved county solid waste management plan. The

 

department shall take action to enforce this section within 30 days

 

of obtaining knowledge of a violation of this section.A person

 

shall not dispose of solid waste at a solid waste processing and

 

transfer facility described in subsection (2) or (3) unless the

 

facility has complied with the applicable notification or

 

registration requirement of subsection (2) or (3), respectively.


     (2) Subject to subsection (5), unless the person has notified

 

the department, a person shall not operate a solid waste processing

 

and transfer facility that does not at any time have on-site more

 

than 50 cubic yards of solid waste and that is not designed to

 

accept waste from vehicles with mechanical compaction devices.

 

Notification shall be given upon initial operation and,

 

subsequently, within 45 days after the end of each state fiscal

 

year. The subsequent notices shall report the amount of solid waste

 

managed at the facility during the preceding state fiscal year.

 

     (3) Subject to subsection (5), beginning 1 year after the

 

effective date of the amendatory act that added this section,

 

unless the person has registered the facility with the department,

 

a person shall not operate a solid waste processing and transfer

 

facility that at any time has on-site more than 50 cubic yards and

 

does not at any time have on-site more than 200 cubic yards of

 

solid waste and that is not designed to accept waste from vehicles

 

with mechanical compaction devices. The person shall submit an

 

application for registration within 45 days after the end of the

 

state fiscal year. The application shall contain the name and

 

mailing address of the applicant, the location of the proposed or

 

existing solid waste processing and transfer facility, and other

 

information required by part 115. The term of a registration is 5

 

years. In addition, within 45 days after the end of each state

 

fiscal year, the person shall submit to the department a report on

 

the amount of solid waste handled at the facility during that state

 

fiscal year.

 

     (4) An application for registration submitted under subsection


(3) shall be accompanied by an operations plan and site map. The

 

department shall review operations and the operations plan for

 

existing solid waste disposal areas to ensure compliance with

 

operating requirements. If the department determines that an

 

existing solid waste disposal area is noncompliant, the department

 

may issue a schedule of remedial measures that will lead to

 

compliance within a reasonable amount of time and not to exceed 1

 

year from the determination of deficiency.

 

     (5) For a disposal area in operation before the effective date

 

of the 2018 amendatory act that added this subsection, the

 

following apply:

 

     (a) Except as provided in subdivision (b), the disposal areas

 

shall follow their existing licensing renewal schedule.

 

     (b) For a disposal area is described in subsection (3) or (4),

 

the operator of the disposal area shall submit to the department

 

the notification or application for registration required under

 

those subsections within 1 year after the effective date of the

 

2018 amendatory act that added this subsection.

 

     Sec. 11514. (1) Optimizing recycling opportunities, including

 

electronics recycling opportunities, and the reuse of materials

 

shall be a principal objective of the state's solid waste

 

management plan. Recycling and reuse of materials, including the

 

reuse of materials from electronic devices, are in the best

 

interest of promoting the public health and welfare. The state

 

shall develop policies and practices that promote recycling and

 

reuse of materials and, to the extent practical, minimize the use

 

of landfilling as a method for disposal of its waste. Policies and


practices that promote recycling and reuse of materials, including

 

materials from electronic devices, will conserve raw materials,

 

conserve landfill space, and avoid the contamination of soil and

 

groundwater from heavy metals and other pollutants.

 

     (1) (2) A person shall not knowingly deliver to a landfill for

 

disposal, or, if the person is an owner or operator of a landfill,

 

knowingly permit allow disposal in the landfill of, any of the

 

following:

 

     (a) Medical waste, unless that medical waste has been

 

decontaminated or is not required to be decontaminated but is

 

packaged in the manner required under part 138 of the public health

 

code, 1978 PA 368, MCL 333.13801 to 333.13831.333.13832.

 

     (b) More than a de minimis amount of open, empty, or otherwise

 

used beverage containers.

 

     (c) More than a de minimis number of whole motor vehicle

 

tires.

 

     (d) More than a de minimis amount of yard clippings, waste,

 

unless they are diseased, infested, or composed of invasive species

 

as authorized by section 11521(1)(i).it meets the requirements of

 

section 11555(1)(j).

 

     (2) (3) A person shall not deliver to a landfill for disposal,

 

or, if the person is an owner or operator of a landfill, permit

 

allow disposal in the landfill of, any of the following:

 

     (a) Used oil as defined in section 16701.

 

     (b) A lead acid battery as defined in section 17101.

 

     (c) Low-level radioactive waste as defined in section 2 of the

 

low-level radioactive waste authority act, 1987 PA 204, MCL


333.26202.

 

     (d) Regulated hazardous waste as defined in R 299.4104 of the

 

Michigan administrative code.Administrative Code.

 

     (e) Bulk or noncontainerized liquid waste or waste that

 

contains free liquids, unless the waste is 1 of the following:

 

     (i) Household waste other than septage waste.

 

     (ii) Leachate or gas condensate that is approved for

 

recirculation.

 

     (iii) Septage waste or other liquids approved for beneficial

 

addition under section 11511b.

 

     (f) Sewage.

 

     (g) PCBs as defined in 40 CFR 761.3.

 

     (h) Asbestos waste, unless the landfill complies with 40 CFR

 

61.154.

 

     (3) (4) A person shall not knowingly deliver to a municipal

 

solid waste incinerator for disposal, or, if the person is an owner

 

or operator of a municipal solid waste incinerator, knowingly

 

permit allow disposal in the incinerator of, more than a de minimis

 

amount of yard clippings, waste, unless they are diseased,

 

infested, or composed of invasive species as authorized by section

 

11521(1)(i).it meets the requirements of section 11555(1)(j).

 

     (4) The department shall post, and a solid waste hauler that

 

disposes of solid waste in a municipal solid waste incinerator

 

shall provide its customers with, notice of the prohibitions of

 

this subsection (3) in the same manner as provided in section

 

11527a.

 

     (5) If the department determines that a safe, sanitary, and


feasible alternative does not exist for the disposal in a landfill

 

or municipal solid waste incinerator of any items described in

 

subsection (2) (1) or (4), (3), respectively, the department shall

 

submit a report setting forth that determination and the basis for

 

the determination to the standing committees of the senate and

 

house of representatives with primary responsibility for solid

 

waste issues.

 

     Sec. 11515. (1) Upon receipt of a license application, the

 

department or a health officer or an authorized representative of a

 

health officer shall inspect the site and determine if the proposed

 

operation complies with this part and the rules promulgated under

 

this part.

 

     (2) The department shall not license a landfill facility

 

operating without an approved hydrogeologic monitoring program

 

until the department receives a hydrogeologic monitoring program

 

and the results of the program. The department shall use this

 

information in conjunction with other information required by this

 

part or the rules promulgated under this part to determine a course

 

of action regarding licensing of the facility consistent with

 

section 4005 of subtitle D of the solid waste disposal act, title

 

II of Public Law 89-272, 42 U.S.C. 6945, and with this part and the

 

rules promulgated pursuant to this part. In deciding a course of

 

action, the department shall consider, at a minimum, the health

 

hazards, environmental degradation, and other public or private

 

alternatives. The department may revoke a license or issue a

 

timetable or schedule to provide for compliance for the facility or

 

operation, specifying a schedule of remedial measures, including a


sequence of actions or operations, which leads to compliance with

 

this part within a reasonable time period but not later than

 

December 2, 1987.The department or an authorized representative of

 

the department may inspect and investigate conditions relating to

 

the generation, storage, processing, transportation, management, or

 

disposal of solid waste or any material regulated under part 115.

 

In conducting an inspection or investigation, the department or its

 

authorized representative may, at reasonable times and after

 

presenting credentials and stating its authority and purpose, do

 

any of the following:

 

     (a) Enter any property.

 

     (b) Have access to and copy, at reasonable times, any

 

information or records that are required to be maintained pursuant

 

to part 115 or an order issued under part 115.

 

     (c) Inspect, at reasonable times, any facility, equipment,

 

including monitoring and pollution control equipment, practices, or

 

operations regulated or required under part 115 or an order issued

 

under part 115.

 

     (d) Sample, test, or monitor, at reasonable times, substances

 

or parameters for the purpose of determining compliance with part

 

115 or an order issued under part 115.

 

     (2) Upon receipt of an application for a permit, license, or

 

registration under part 115, the department or an authorized

 

representative of the department shall inspect the materials

 

management facility, property, site, or proposed operation to

 

determine eligibility for the permit, license, or registration. An

 

inspection report shall be filed in writing by the department


before issuing a permit, license, or registration.

 

     (3) If the department or an authorized representative of the

 

department is refused entry or access under subsection (1) or (2),

 

the attorney general, on behalf of the state, may do either of the

 

following:

 

     (a) Petition the court of appropriate jurisdiction for a

 

warrant authorizing entry or access to property, information or

 

records, or to sample, test, or monitor pursuant to this section.

 

     (b) Commence a civil action to compel compliance with a

 

request for entry or access to property, information or records, or

 

to sample, test, or monitor pursuant to this section.

 

     (4) The department or an authorized representative may receive

 

and initiate complaints of an alleged violation of part 115 and

 

take action with respect to the complaint as provided in part 115.

 

     (5) As used in this section, "authorized representative" means

 

any of the following:

 

     (a) A full- or part-time employee of another state department

 

or agency acting pursuant to law or to which the department

 

delegates certain duties under part 115.

 

     (b) A local health officer.

 

     (c) For the purpose of sampling, testing, or monitoring under

 

subsection (1)(d), a contractor retained by the state or a local

 

health officer.

 

     Sec. 11516. (1) The department shall conduct a consistency

 

review before making a final decision on a license application. The

 

department shall notify the clerk of the municipality in which the

 

disposal area is located and the applicant of its approval or


denial of a license application within 10 days after the final

 

decision is made.

 

     (2) An operating license shall expire expires 5 years after

 

the date of issuance. An operating license may be renewed before

 

expiration upon payment of a renewal application fee specified in

 

section 11512(8) 11512 if the licensee is in compliance with this

 

part 115. and the rules promulgated under this part.

 

     (3) The issuance of the operating license under this part

 

empowers the department or a health officer or an authorized

 

representative of a health officer to enter at any reasonable time,

 

pursuant to law, in or upon private or public property licensed

 

under this part for the purpose of inspecting or investigating

 

conditions relating to the storage, processing, or disposal of any

 

material.

 

     (4) Except as otherwise provided in this subsection, the

 

department shall not issue an operating license for a new disposal

 

area within a planning area unless a solid waste management plan

 

for that planning area has been approved pursuant to sections 11536

 

and 11537 and unless the disposal area complies with and is

 

consistent with the approved solid waste management plan. The

 

department may issue an operating license for a disposal area

 

designed to receive ashes produced in connection with the

 

combustion of fossil fuels for electrical power generation in the

 

absence of an approved county solid waste management plan, upon

 

receipt of a letter of approval from whichever county or counties,

 

group of municipalities, or regional planning agency has prepared

 

or is preparing the county solid waste management plan for that


planning area under section 11533 and from the municipality in

 

which the disposal area is to be located.

 

     (3) Before a materials management plan is approved for a

 

county pursuant to section 11575, a solid waste management plan may

 

be amended pursuant to the procedures that applied under section

 

11533 and former sections 11534 to 11537a immediately before the

 

effective date of the amendatory act that added this subsection.

 

     (4) (5) Issuance of an operating license by the department

 

authorizes the licensee to accept waste for disposal in certified

 

portions of the disposal area for which a bond was established

 

under section 11523 and, for type II landfills, for which financial

 

assurance was demonstrated under section 11523a. If the

 

construction of a portion of a landfill licensed under this section

 

is not complete at the time of license application, the owner or

 

operator of the landfill shall submit a certification under the

 

seal of a licensed professional engineer verifying that the

 

construction of that portion of the landfill has proceeded

 

according to the approved plans at least 60 days prior to before

 

the anticipated date of waste disposal in that portion of the

 

landfill. If the department does not deny the certification within

 

60 days of receipt, the owner or operator may accept waste for

 

disposal in the certified portion. In the case of a denial, the

 

department shall issue a written statement stating of the reasons

 

why the construction or certification is not consistent with this

 

part or rules promulgated under this part 115 or the approved

 

plans.

 

     Sec. 11517. (1) Within 9 months after the completion of


construction of a municipal solid waste incinerator, the owner or

 

operator of a municipal solid waste incinerator shall submit a plan

 

to the department for a program that, to the extent practicable,

 

reduces the incineration of noncombustible materials and dangerous

 

combustible materials and their hazardous by-products at the

 

incinerator. The department shall approve or disapprove the plan

 

submitted under this subsection within 30 days after receiving it.

 

In reviewing the plan, the department shall consider the current

 

county solid waste management plan, available markets for separated

 

materials, disposal alternatives for the separated materials, and

 

collection practices for handling such separated materials. If the

 

department disapproves a plan, the department shall notify the

 

owner or operator submitting the plan of this fact, and shall

 

provide modifications that, if included, would result in the plan's

 

approval. If the department disapproves a plan, the owner or

 

operator of a municipal solid waste incinerator shall within 30

 

days after receipt of the department's disapproval submit a revised

 

plan that addresses all of the modifications provided by the

 

department. The department shall approve or disapprove the revised

 

plan within 30 days after receiving it, and approval of the revised

 

plan shall not be unreasonably withheld.

 

     (2) Not later than 6 months after the approval of the plan by

 

the department under subsection (1), the owner or operator shall

 

implement the plan in accordance with the implementation schedule

 

set forth in the plan. The operation of a municipal solid waste

 

incinerator without an approved plan under this section shall

 

subject the owner or operator, or both, to all of the sanctions


provided by this part.After the department approves the closure

 

certification for a landfill unit under section 11523a, the owner

 

or operator shall conduct postclosure care of that unit in

 

compliance with a postclosure plan approved by the department and

 

shall maintain financial assurance in compliance with part 115

 

including any additional financial assurance required based on an

 

extension of the postclosure care period under subsection (3). The

 

postclosure plan may include monitoring and maintenance provisions

 

not otherwise required by part 115, if designed to achieve and

 

demonstrate functional stability, such as monitoring settlement and

 

subsidence. Postclosure care shall be conducted for 30 years,

 

except as provided under subsection (2) or (3), and consist of at

 

least the following conducted as required by part 115:

 

     (a) Maintaining the integrity and effectiveness of any final

 

cover, including making repairs to the cover as necessary to

 

correct the effects of settlement, subsidence, erosion, or other

 

events, and preventing run-on and run-off from eroding or otherwise

 

damaging the final cover.

 

     (b) Maintaining and operating the leachate collection system,

 

if any. The department may waive the requirements of this

 

subdivision if the owner or operator demonstrates that leachate no

 

longer poses a threat to human health and the environment.

 

     (c) Monitoring the groundwater and maintaining the groundwater

 

monitoring system, if any.

 

     (d) Maintaining and operating the gas monitoring and

 

collection system, if any.

 

     (2) The department shall shorten the postclosure care period


specified under subsection (1) for a landfill unit if the landfill

 

owner or operator submits to the department a petition certified by

 

a licensed professional engineer and a qualified groundwater

 

scientist that demonstrates the following:

 

     (a) The landfill's closure certification was approved by the

 

department under section 11523a.

 

     (b) The owner or operator has complied with postclosure care

 

maintenance and monitoring requirements for at least 15 years.

 

     (c) The landfill has achieved functional stability, including,

 

but not limited to, meeting the following:

 

     (i) There has been no release from the facility into

 

groundwater or surface water requiring ongoing corrective action.

 

     (ii) There is either no evidence of continued subsidence or

 

significant past subsidence of waste in the unit.

 

     (iii) The landfill does not produce significant amounts of

 

combustible gases.

 

     (iv) Combustible gases from the landfill have not been

 

detected at or beyond the landfill's property boundary or in

 

facility structures.

 

     (v) The landfill does not produce nuisance odors requiring

 

control.

 

     (vi) Leachate and gas collection and control system condensate

 

generation has ceased, leachate and condensate quality meets

 

criteria for acceptable surface water or groundwater discharge, or

 

volumes of leachate and condensate are negligible and can be

 

discharged through existing leachate and condensate handling

 

facilities, such as sewers connected to a publicly owned treatment


works.

 

     (d) Any other conditions necessary, as determined by the

 

department, to protect human health or the environment are met.

 

     (3) The department shall extend the postclosure care period

 

specified in subsection (1) for a landfill unit if any of the

 

following apply:

 

     (a) The owner or operator did not close the landfill unit as

 

required by part 115.

 

     (b) The final cover of the landfill unit has not been

 

maintained, and has significant ponding, erosion, or detrimental

 

vegetation present.

 

     (c) Groundwater monitoring has not been conducted in

 

compliance with the approved monitoring plan or groundwater in the

 

vicinity of the landfill unit exceeds criteria established under

 

part 201.

 

     (d) There is an ongoing subsidence of waste, as evidenced by

 

significant ponding of water on the landfill cover.

 

     (e) Gas monitoring has detected combustible landfill gases at

 

or beyond the landfill boundary or in a facility structure above

 

applicable criteria or gas from the unit continues to be generated

 

at a rate that produces nuisance odors.

 

     (f) Leachate or gas collection and control system condensate

 

continues to be generated by the landfill unit in quantities that

 

may threaten groundwater or surface water.

 

     (4) The owner or operator of a landfill unit that has been

 

released from postclosure care of the unit shall do all of the

 

following with respect to the landfill unit:


     (a) Exercise custodial care by undertaking any activity

 

necessary to maintain the effectiveness of the final cover, prevent

 

the discharge of leachate, prevent impacts to the surface or

 

groundwater, mitigate the fire and explosion hazards due to

 

combustible gases, and manage the landfill unit in a manner that

 

protects the public health and safety.

 

     (b) Comply with any land use or resource use restrictions

 

established for the landfill unit.

 

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

 

When a landfill is licensed, an instrument that imposes a

 

restrictive covenant upon the land involved shall be executed by

 

all of the owners of the tract of land upon which the landfill is

 

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

 

owned, state-owned, the state administrative board shall execute

 

the covenant on behalf of the this state. The department or a local

 

health officer shall file the instrument imposing the restrictive

 

covenant shall be filed for record by the department or a health

 

officer in the office of the register of deeds of the county, or

 

counties, in which the facility landfill is located. The covenant

 

shall state that the land described in the covenant has been or

 

will be used as a landfill and that neither the property owners,

 

their servants, agents, or employees, nor any of their heirs,

 

successors, lessees, or assigns shall, without authorization from

 

the department, engage in filling, grading, excavating, drilling,

 

or mining on the property during the first 50 years following

 

completion of the landfill without authorization of the department.

 

approval by the department of the landfill's closure certification


under section 11523a. In giving authorization, the department shall

 

consider the original design, type of operation, material

 

deposited, and the stage of decomposition of the fill. Special The

 

department may grant an exemption from this section may be granted

 

by the department if the lands land involved are federal lands or

 

if contracts is federally owned or if agreements existing between

 

the landowner and the licensee on January 11, 1979 are not

 

renegotiable.

 

     (2) This part Part 115 does not prohibit the department from

 

conveying, leasing, or permitting the use of state land for a solid

 

waste disposal area or a resource recovery facility as provided by

 

applicable state law.

 

     Sec. 11519. (1) The department shall specify, in writing, the

 

reasons for denial of an application for a construction permit, or

 

an operating license, further specifying those particular an

 

approval under a general permit, or a registration, including the

 

sections of this part or rules promulgated under this part 115 that

 

may be violated by granting the application and the manner in which

 

the violation may occur.

 

     (2) The If a materials management facility is established,

 

constructed, or operated in violation of the conditions of a

 

permit, license, approval under a general permit, or registration,

 

in violation of part 115 or an order issued under part 115, or in a

 

manner not consistent with an MMP, the following apply:

 

     (a) A local health officer or the department may issue a cease

 

and desist order specifying a schedule of closure or remedial

 

action in accordance compliance with this part and rules


promulgated under this part 115 or may establish enter a consent

 

agreement specifying a schedule of closure or remedial action in

 

accordance with this part and rules promulgated under this under

 

part 115. to a person who establishes, constructs,conducts,

 

manages, maintains, or operates a disposal area without a permit or

 

license or to a person who holds a permit or license but

 

establishes, constructs, conducts, manages, maintains, or operates

 

a disposal area contrary to an approved solid waste management plan

 

or contrary to the permit or license issued under this part.

 

     (b) (3) The department may issue a final order revoking,

 

suspending, or restricting a the permit, or license, approval under

 

a general permit, or registration or a notification after a

 

contested case hearing as provided in the administrative procedures

 

act of 1969, Act No. 306 of the Public Acts of 1969, being sections

 

1969 PA 306, MCL 24.201 to 24.328. of the Michigan Compiled Laws,

 

if the department finds that the disposal area is not being

 

constructed or operated in accordance with the approved plans, the

 

conditions of a permit or license, this part, or the rules

 

promulgated under this part. A final order issued pursuant to this

 

section is subject to judicial review as provided in Act No. 306 of

 

the Public Acts of 1969. The department or a health officer shall

 

inspect and file a written report not less than 4 times per year

 

for each licensed disposal area. The department or the health

 

officer shall provide the municipality in which the licensed

 

disposal area is located with a copy of each written inspection

 

report if the municipality arranges with the department or the

 

health officer to bear the expense of duplicating and mailing the


reports.

 

     (c) (4) The department may issue an order summarily suspending

 

a the permit, or license, approval under a general permit, or

 

registration or a notification, if the department determines that a

 

violation of this part or rules promulgated under this part has

 

occurred which, in the department's opinion, the violation or

 

inconsistency constitutes an emergency or poses an imminent risk of

 

injury to the public health or the environment. A determination

 

that a violation poses an imminent risk of injury to the public

 

health shall be made by the department. Summary suspension may be

 

ordered effective on the date specified in the order or upon

 

service of a certified copy of the order on the licensee, owner or

 

operator, whichever is later, and shall remain remains effective

 

during the proceedings. The proceedings shall be commenced within 7

 

days of after the issuance of the order and shall be promptly

 

determined.

 

     (3) A final order issued pursuant to this section is subject

 

to judicial review as provided in the administrative procedures act

 

of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department or a

 

health officer shall inspect and file a written report not less

 

than 4 times per year for each licensed disposal area. The

 

department or the health officer shall provide the municipality in

 

which the licensed disposal area or materials management facility

 

is located with a copy of each written inspection report if the

 

municipality arranges with the department or the health officer to

 

pay the cost of duplicating and mailing the reports.

 

SUBPART 3 WASTE DIVERSION CENTERS


     Sec. 11521b. (1) The operator of a waste diversion center

 

shall comply with all of the following requirements:

 

     (a) At least 90%, 85%, by volume, of the material collected at

 

the waste diversion center shall consist of diverted waste to be

 

managed at the waste diversion center.

 

     (b) The waste diversion center shall be operated by personnel

 

who are knowledgeable about the safe management of the types of

 

diverted waste that are accepted at the waste diversion center.

 

     (c) The operator shall manage the diverted waste in a manner

 

that prevents the release of any diverted waste or component of

 

diverted waste to the environment.

 

     (d) The operator shall not store diverted waste overnight at

 

the waste diversion center except in a secure location and with

 

adequate containment to prevent any release of diverted

 

wastes.waste.

 

     (e) Within 1 year after diverted waste is collected by the

 

waste diversion center, that diverted waste shall be transported

 

from the waste diversion center to a another waste diversion

 

center, a recycling facility, or a disposal facility that is in

 

compliance with this act, meets the requirement of section

 

11508(1)(a), for processing, recycling, or disposal.

 

     (f) The operator shall not process diverted waste except to

 

the extent necessary for the safe and efficient transportation of

 

the diverted waste.

 

     (g) The operator shall record the types and quantities of

 

diverted wastes waste collected, the period of storage, and where

 

the diverted wastes were waste was transferred, processed,


recycled, or disposed of. The operator shall maintain the records

 

for at least 3 years and shall make the records available to the

 

department upon request.

 

     (h) Access to the waste diversion center shall be limited to a

 

time when a responsible individual is on duty.

 

     (i) The area where the diverted waste is accumulated shall be

 

protected, as appropriate for the type of waste, from weather,

 

fire, physical damage, and vandals.

 

     (j) The waste diversion center shall be kept clean and free of

 

litter and operated in a manner that does not create a nuisance or

 

public health or environmental hazard.

 

     (k) If the primary function of an entity is to serve as a

 

waste diversion center, the operator shall notify the department of

 

the waste diversion center. Notification shall be given upon

 

initial operation and subsequently within 45 days after the end of

 

each state fiscal year. The subsequent notices shall report the

 

amount of solid waste diverted at the facility during the preceding

 

state fiscal year. The notification requirement applies to the

 

following:

 

     (i) For the initial notification, entities that anticipate

 

collecting more than 50 tons of diverted or recyclable materials in

 

the state fiscal year in which the notification is given.

 

     (ii) For subsequent notifications, entities that collected

 

more than 50 tons of diverted or recyclable materials in the

 

preceding state fiscal year.

 

     (2) Management of diverted wastes as required by this section

 

is not considered disposal for the purposes of section 11538(6).


     (2) (3) The operator of a waste diversion center may reject

 

any diverted waste.

 

SUBPART 4 FINANCIAL ASSURANCE

 

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

 

operate a disposal area unless until the applicant has filed, as a

 

part of the application for a license, evidence of the following

 

financial assurance:

 

     (a) Financial assurance established for a type III landfill or

 

a preexisting unit at a type II landfill and until April 9, 1997,

 

existing and new type II landfills shall be in the form of Subject

 

to section 11523b, for a landfill described in this subdivision, a

 

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

 

within the solid waste boundary. However, the total amount of the

 

bond shall not be less than $20,000.00 or more than $1,000,000.00.

 

Each bond shall provide assurance for the maintenance of the

 

finished landfill site or a portion thereof for a period of 30

 

years after beginning when the department approves a closure

 

certification as described in section 11523a(5)(b) for the landfill

 

or any approved portion is completed. portion thereof,

 

respectively. In addition to this bond, the owner or operator of a

 

landfill described in this subdivision shall maintain a perpetual

 

care fund. shall be maintained under section 11525.The following

 

landfills are subject to this subdivision, unless the owner or

 

operator of the landfill, by written notice to the department,

 

elects to provide financial assurance under subdivision (b):

 

     (i) A preexisting unit at a type II landfill.

 

     (ii) A type II landfill that stopped receiving waste before


April 9, 1997.

 

     (iii) A type III landfill that stopped receiving waste before

 

the effective date of the 2018 amendatory act that added this

 

subparagraph.

 

     (iv) A type III landfill that received waste on or after

 

the effective date of the 2018 amendatory act that added this

 

subparagraph. However, such a landfill is not subject to this

 

subdivision but is subject to subdivision (b) upon the issuance of

 

a new license for the landfill on or after the date 2 years after

 

the effective date of the 2018 amendatory act that added this

 

subparagraph.

 

     (b) Financial assurance for a type II or type III landfill

 

that is an existing unit not subject to subdivision (a) or a new

 

unit or for a landfill, otherwise subject to subdivision (a), whose

 

owner or operator elects to be subject to this subdivision shall be

 

in an amount equal to the cost, in current dollars, of hiring a

 

third party, to conduct closure, postclosure maintenance and

 

monitoring, and, if necessary, corrective action. An A license

 

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

 

unit subject to this subdivision shall demonstrate financial

 

assurance in accordance compliance with section 11523a. A license

 

application for a type III landfill shall demonstrate financial

 

assurance in compliance with section 11523a if the application is

 

filed 2 or more years after the effective date of the 2018

 

amendatory act that added subsection (2).

 

     (c) Financial assurance established for a licensed solid waste

 

processing and transfer facility , or incinerator, processing


plant, other solid waste handling or disposal facility, or a

 

combination of these utilized in the disposal of solid waste shall

 

be in the form of a bond in an amount equal to 1/4 of 1% of the

 

construction cost of the facility, but shall not be less than

 

$4,000.00, and shall be a bond in the amount of $20,000.00. The

 

financial assurance shall be continued in effect for a period of 2

 

years after the disposal area is closed.

 

     (2) The department shall not issue an approval under a general

 

permit for a materials utilization facility unless the applicant

 

has filed, as a part of the application for the approval, evidence

 

of adequate financial assurance, subject to the following:

 

     (a) Financial assurance established for a materials recovery

 

facility or anaerobic digester that requires a general permit shall

 

be a bond in the amount of $20,000.00 and maintained in effect

 

until after the facility has ceased accepting material, removed all

 

managed material from the site, and had its closure certification

 

approved by the department as described in section 11525b(3)(a).

 

     (b) The amount of financial assurance established for a

 

composting facility with a general permit shall be $20,000.00. The

 

financial assurance shall be maintained in effect until after the

 

facility has ceased accepting compostable materials, has removed

 

any finished or partially finished compost from the facility, and

 

has had its closure certification approved by the department as

 

described in section 11525b(3)(a).

 

     (c) An innovative technology or practice facility shall submit

 

to the department a detailed written estimate, in current dollars,

 

of the cost for the owner or operator to hire a third party to


close the facility, including the cost to dispose of any remaining

 

waste material, or otherwise contain and control any remaining

 

waste residues. The department shall approve, approve with

 

modifications, or disapprove the closure cost estimate in writing.

 

The financial assurance shall be continued in effect until the

 

facility has ceased accepting material, removed all managed

 

material from the site, and had its closure certification approved

 

by the department as described in section 11525b(3)(a).

 

     (3) (2) The owner or operator of a landfill may post a cash

 

bond with the department instead of other bonding mechanisms to

 

fulfill the remaining financial assurance requirements of this

 

section. An owner or operator of a disposal area materials

 

management facility who elects to post cash as a bond shall accrue

 

interest on that bond at the annual rate of 6%, to be accrued

 

quarterly, except that the interest rate payable to an owner or

 

operator shall not exceed the rate of interest accrued on the state

 

common cash fund for the quarter in which an accrual is determined.

 

Interest shall be paid to the owner or operator upon release of the

 

bond by the department. Any interest greater than over 6% shall be

 

deposited in the state treasury to the credit of the general fund.

 

and shall be appropriated to the department to be used by the

 

department for administration of this part.An owner or operator who

 

uses a certificate of deposit as a bond shall receive any accrued

 

interest on that certificate of deposit upon release of the bond by

 

the department.

 

     (4) (3) An owner or operator of a disposal area that is not a

 

landfill who has accomplished closure in a manner approved by the


department and in accordance with this part and the rules

 

promulgated under this part, may request a 50% reduction in the

 

bond during the 2-year period after closure. At the end of the 2-

 

year period, the owner or operator may, not less than 2 years after

 

closure of the disposal area, request that the department terminate

 

the bond required under this section. The department shall approve

 

termination of the bond within Within 60 days after the request is

 

made, the department shall approve or deny the request in writing.

 

The department shall approve the request if all waste and waste

 

residues have been removed from the disposal area and closure is

 

has been certified by a licensed professional engineer and approved

 

by the department.

 

     (5) (4) The department may utilize a bond required under this

 

section for the closure and postclosure monitoring and maintenance

 

of a disposal area if the owner or operator fails to comply with

 

violates the closure and postclosure monitoring and maintenance

 

requirements of this part and the rules promulgated under this part

 

115, to the extent necessary to correct such violations. At least 7

 

days before utilizing the bond, the department shall issue a notice

 

of violation or other order that alleges violation of this part or

 

rules promulgated under this part 115 and shall provide an

 

opportunity for a hearing. This subsection does not apply to a

 

perpetual care fund bond.

 

     (6) (5) Under the The terms of a surety bond, irrevocable

 

letter of credit, insurance policy, or perpetual care fund bond ,

 

shall require the issuing institution shall to notify both the

 

department and the owner or operator at least 120 days before the


expiration date or any cancellation of the bond. If the owner or

 

operator does not extend the effective date of the bond, or

 

establish alternate financial assurance within 90 days after

 

receipt of an expiration or cancellation notice from the issuing

 

institution, all of the following apply:

 

     (a) The department may draw on the bond.

 

     (b) In the case of a perpetual care fund bond, the issuing

 

institution shall deposit the proceeds into the standby trust or

 

escrow account unless the department agrees to the expiration or

 

cancellation of the perpetual care fund bond.

 

     (7) (6) The department shall not issue a construction permit

 

or a new license to operate a disposal area to an applicant that is

 

the subject of a bankruptcy action commenced under title 11 of the

 

United States Code, 11 USC 101 to 1532, or any other predecessor or

 

successor statute.

 

     (7) A person required under this section to provide financial

 

assurance in the form of a bond for a landfill may request a

 

reduction in the bond based upon the amount of the perpetual care

 

fund established under section 11525. A person requesting a bond

 

reduction shall do so on a form consistent with this part and

 

provided by the department. The department shall grant this request

 

unless there are sufficient grounds for denial and those reasons

 

are provided in writing. The department shall grant or deny a

 

request for a reduction of the bond within 60 days after the

 

request is made. If the department grants a request for a reduced

 

bond, the department shall require a bond in an amount such that

 

for type III landfills, and type II landfills that are preexisting


units, the amount of the perpetual care fund plus the amount of the

 

reduced bond equals the maximum amount required in a perpetual care

 

fund in section 11525(2).

 

     (8) The department shall release the bond required by this

 

section if the amount of the perpetual care fund exceeds the amount

 

of the financial assurance required under subsection (1).

 

     (8) An owner or operator of a landfill that utilizes a

 

financial test as financial assurance for the landfill may utilize

 

a financial test for other types of materials management facilities

 

that are located on the permitted landfill site.

 

     (9) The department may utilize a bond required under this

 

section for a facility subject to approval under a general permit

 

for bringing the facility into compliance with part 115, including,

 

but not limited to, removing managed material from the facility,

 

cleanup at the facility, and fire suppression or other emergency

 

response at the facility, including reimbursement to any local unit

 

of government that incurred emergency response costs. Not less than

 

7 days before utilizing the bond, the department shall issue a

 

notice of violation or order that alleges violation of part 115 and

 

shall provide the owner or operator an opportunity for a hearing.

 

     (10) (9) Prior to Before closure of a landfill, if money is

 

disbursed from the perpetual care fund, then the department may

 

require a corresponding increase in the amount of bonding required

 

to be provided if necessary to meet the requirements of this

 

section.

 

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

 

the financial assurance requirements of this part 115 by obtaining


a bond, including, but not limited to, a perpetual care fund bond,

 

and the surety company, insurer, trustee, bank, or financial or

 

other institution that issued or holds the bond becomes the subject

 

of a bankruptcy action commenced under title 11 of the United

 

States Code, 11 USC 101 to 1532, or any successor statute or has

 

its authority to issue or hold the bond or to act as an escrow

 

agent or trustee suspended or revoked, the owner or operator shall,

 

within 60 days after receiving notice of that event, establish

 

alternate financial assurance under this part.

 

     (12) Two or more owners or operators may demonstrate all or a

 

portion of required financial assurance for materials management

 

facilities that are not landfills with a risk pooling financial

 

mechanism approved by the department that meets all of the

 

following requirements:

 

     (a) The mechanism is administered by a surety company,

 

insurer, surety, bank, or other financial institution that has

 

authority to issue such a mechanism and is regulated and examined

 

by a state or federal agency.

 

     (b) The mechanism is irrevocable and renews automatically

 

unless, not less than 120 days before the automatic renewal date,

 

the insurer, surety, bank, or other financial institution notifies

 

the department and the owners or operators of the covered

 

facilities that the mechanism will not be renewed, and the

 

department agrees in writing to termination of the mechanism.

 

     (c) The amount of financial assurance available for any single

 

covered facility is not less than would be available for that

 

facility if it was covered alone under a bond.


     (d) The addition or deletion of facilities covered under the

 

mechanism requires written agreement of the director.

 

     (13) The department shall access and use funds under a

 

mechanism approved under subsection (12) subject to the provisions

 

for bonds under subsection (9).

 

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

 

shall not issue a license to operate a type II landfill that is

 

subject to section 11523(1)(b) unless the applicant demonstrates

 

that for any new unit or existing unit at the facility, the

 

combination of the perpetual landfill care fund established under

 

section 11525, bonds, 11525c and the financial capability of the

 

applicant as evidenced by a financial test , provides financial

 

assurance in an amount not less than that required by this section.

 

An applicant may utilize a financial test for an amount up to, but

 

not exceeding more than 70% of the closure, postclosure, and

 

corrective action cost estimate. For applications for a license to

 

operate submitted after 2 years after the effective date of the

 

2018 act that amended this section, an applicant may utilize a

 

financial test for an amount more than 70% but not more than 95% of

 

the closure, postclosure, and corrective action cost estimate if

 

the owner or operator demonstrates that the owner or operator

 

passes a financial test under and otherwise meets the requirements

 

of R 299.9709 of the Michigan Administrative Code.

 

     (2) An applicant may demonstrate compliance with this section

 

by submitting evidence, with a form consistent with this part 115

 

and provided by the department, that the applicant has financial

 

assurance for any existing unit or new unit in an amount equal to


or greater more than the sum of the following standardized costs:

 

     (a) A standard closure cost estimate. The standard closure

 

cost estimate shall be based upon the sum of the following costs in

 

1996 2018 dollars, adjusted for inflation and partial closures, if

 

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

 

     (i) A base cost of $20,000.00 $40,000.00 per acre to construct

 

a compacted soil final cover using on-site material.

 

     (ii) A supplemental cost of $20,000.00 $40,000.00 per acre, to

 

install a synthetic cover liner, if required by rules under this

 

part.

 

     (iii) A supplemental cost of $5,000.00 $10,000.00 per acre, if

 

low permeability soil must be transported from off-site to

 

construct the final cover or if a bentonite geocomposite liner is

 

used instead of low permeability soil in a composite cover.

 

     (iv) A supplemental cost of $5,000.00 $9,000.00 per acre, to

 

construct a passive gas collection system in the final cover ,

 

unless an active gas collection system has been installed at the

 

facility.or a supplemental cost of $15,000.00 per acre for an

 

active landfill gas collection system, for those areas without a

 

gas collection and control system already installed.

 

     (b) A standard postclosure cost estimate. The standard

 

postclosure cost estimate shall be based upon the sum of the

 

following costs, adjusted for inflation as specified in section

 

11525(2):11525(3):

 

     (i) A final cover maintenance cost of $200.00 $400.00 per acre

 

per year.

 

     (ii) A leachate disposal cost of $100.00 $400.00 per acre per


year.

 

     (iii) A leachate transportation cost of $1,000.00 $4,000.00

 

per acre per year, if leachate is required to be transported off-

 

site for treatment.

 

     (iv) An active gas collection system maintenance cost of

 

$900.00 per acre per year for gas collection systems subject to the

 

requirements of standards of performance for new stationary

 

sources, 40 CFR part 60.

 

     (v) An active gas collection system maintenance cost of

 

$500.00 per acre per year for landfills not subject to the

 

requirements of standards of performance for new stationary

 

sources, 40 CFR part 60.

 

     (vi) A passive gas collection system maintenance cost of

 

$35.00 per acre per year.

 

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

 

$2,000.00 per monitoring well per year.

 

     (viii) (v) A gas monitoring cost of $100.00 $200.00 per

 

monitoring point per year, for monitoring points used to detect

 

landfill gas at or beyond the facility property boundary.

 

     (c) The A corrective action cost estimate, if any. The

 

corrective action cost estimate shall be a detailed written

 

estimate, in current dollars, of the cost of hiring a third party

 

to perform corrective action in accordance compliance with this

 

part 115.

 

     (3) Instead of using some or all of the standardized costs

 

specified in subsection (2), an applicant may estimate the site

 

specific costs of closure or postclosure maintenance and


monitoring. A site specific cost estimate shall be a written

 

estimate, in current dollars, of the cost of hiring a third party

 

to perform the activity. For the purposes of this subsection, a

 

parent corporation or a subsidiary of the owner or operator is not

 

a third party. Site specific cost estimates shall be based on

 

comply with the following:

 

     (a) For closure, be based on the cost to close the largest

 

area of the landfill ever requiring a final cover at any time

 

during the active life, when the extent and manner of its operation

 

would make closure the most expensive, in accordance compliance

 

with the approved closure plan. The closure cost estimate may shall

 

not incorporate any salvage value that may be realized by from the

 

sale of structures, land, equipment, or other assets associated

 

with the facility at the time of final closure.

 

     (b) For postclosure, be based on the cost to conduct

 

postclosure maintenance and monitoring in accordance compliance

 

with the approved postclosure plan for the entire postclosure

 

period, but need not be provided in an amount sufficient for a

 

period of not more than 30 years at any given time.

 

     (c) For costs for operation and maintenance of an on-site

 

wastewater treatment facility managing leachate at a landfill that

 

are substituted for the standardized leachate disposal and

 

transportation costs of this section, be based on an engineering

 

evaluation of total wastewater flow and include utilities,

 

staffing, and incidental costs to maintain and ensure compliance

 

with all applicable permits.

 

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


section shall, during the active life of the landfill and during

 

the postclosure care period, annually adjust the financial

 

assurance cost estimates and corresponding amount of financial

 

assurance for inflation. Cost estimates The standard closure cost

 

estimate and corrective action cost estimate shall be adjusted for

 

inflation by multiplying the cost estimate by an inflation factor

 

derived from the most recent United States department of the

 

interior, bureau of reclamation composite index Department of the

 

Interior, Bureau of Reclamation Composite Index published by the

 

United States department of commerce Department of Commerce or

 

another index that is more representative of the costs of closure

 

and postclosure monitoring and maintenance as determined

 

appropriate by the department. The owner or operator shall document

 

the adjustment on a form consistent with this part 115 as prepared

 

by the department and shall place the documentation in the

 

operating record of the facility.

 

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

 

section may request that the department authorize a reduction in

 

the approved cost estimates and corresponding financial assurance

 

for the landfill. by submitting a form consistent with this part

 

and provided by the department certifying Within 60 days after

 

receiving the financial assurance reduction request under this

 

subdivision, the department shall approve or deny the request in

 

writing. A denial shall state the reasons for the denial. A

 

financial assurance reduction request shall certify completion of

 

any of the following activities:

 

     (a) Partial closure of the landfill. The current closure cost


estimate for partially closed portions of a landfill unit may be

 

reduced by 80%, if the maximum waste slope on the unclosed portions

 

of the unit does not exceed 25%. The percentage of the cost

 

estimate reduction approved by the department for the partially

 

closed portion shall be reduced 1% for every 1% increase in the

 

slope of waste over 25% in the active portion. An owner or operator

 

requesting a reduction in financial assurance for partial closure

 

shall enclose submit with the request a certification under the

 

seal of a licensed professional engineer that certifies of both of

 

the following:

 

     (i) That a portion of the licensed landfill unit has reached

 

final grades and has had a final cover installed in compliance with

 

the approved closure plan and rules promulgated under this part

 

115.

 

     (ii) The maximum slope of waste in the active portion of the

 

landfill unit at the time of partial closure.

 

     (b) Final closure of the landfill. An owner or operator

 

requesting a cost estimate reduction for final closure shall submit

 

with the request a certification under the seal of a licensed

 

professional engineer that closure of that landfill unit has been

 

fully completed in accordance compliance with the approved closure

 

plan for the landfill. Within 60 days of receiving a certification

 

under this subsection, subdivision, the department shall perform a

 

consistency review of the submitted certification and do 1 of the

 

following:

 

     (i) Approve the certification and notify the owner or operator

 

that he or she may reduce the closure cost estimate may be reduced


to zero.

 

     (ii) Disapprove the certification and provide the owner or

 

operator with a detailed written statement of the reasons why the

 

department has determined that closure certification has not been

 

conducted in accordance compliance with this part, the rules

 

promulgated under this part , 115 or an approved closure plan.

 

     (c) Postclosure maintenance and monitoring. The owner or

 

operator of a landfill unit who has completed final closure of the

 

unit may request a reduction in the postclosure cost estimate and

 

corresponding financial assurance for 1 year or more of postclosure

 

maintenance and monitoring if the landfill has been monitored and

 

maintained in accordance compliance with the approved postclosure

 

plan. The department shall, within Within 60 days of after

 

receiving a cost estimate reduction request, the department shall

 

grant written approval or issue a written denial stating the reason

 

for denial. The If the department shall grant grants the request,

 

and the owner or operator may reduce the postclosure cost estimate

 

to reflect the number of years remaining in the postclosure period.

 

unless the The department denies shall deny the request and the

 

written denial states that if the owner or operator has not

 

performed the specific tasks consistent with this part, rules

 

promulgated under this part , 115 and an approved postclosure plan.

 

The department shall not grant a request under this subdivision to

 

reduce the postclosure cost estimate and the corresponding

 

financial assurance to below the maximum required perpetual care

 

fund amount specified in section 11525(3) unless the owner or

 

operator has demonstrated within the past 5-year period that the


landfill is on target to achieve functional stability as described

 

in section 11517 within the time remaining in the postclosure

 

period.

 

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

 

section may request a reduction in the amount of one 1 or more of

 

the financial assurance mechanisms in place. If the combined value

 

of the remaining financial assurance mechanisms equals the amount

 

required under this section, the department shall approve the

 

request.

 

     (7) An owner or operator requesting that the department

 

approve a financial assurance reduction under subsection (5) or (6)

 

shall do so on a form consistent with this part and provided by the

 

department. The department shall grant written approval or, within

 

60 days of receiving a financial assurance reduction request, issue

 

a written denial stating the reason for the denial.

 

     Sec. 11523b. (1) The owner or operator of a landfill may

 

establish a trust fund or escrow account to fulfill the

 

requirements of sections 11523 and 11523a. The trust fund or escrow

 

account shall be executed on a form provided by the department.

 

     (2) Payments into a trust fund or escrow account shall be made

 

annually over the term of the first operating license issued after

 

the effective date of this section. The first payment into a trust

 

fund or escrow account shall be made prior to licensure and shall

 

be at least equal to the portion of the financial assurance

 

requirement to be covered by the trust fund or escrow account

 

divided by the term of the operating license. Subsequent payments

 

shall be equal to the remaining financial assurance requirement


divided by the number of years remaining until the license expires.

 

     (3) If the owner or operator of a landfill establishes a trust

 

fund or escrow account after having used one or more alternate

 

forms of financial assurance, the initial payment into the trust

 

fund or escrow account shall be at least the amount the fund would

 

contain if the fund were established initially and annual payments

 

made according to subsection (2).

 

     (2) (4) All earnings and interest from a trust fund or escrow

 

account shall be credited to the fund or account. However, the

 

custodian may be compensated for reasonable fees and costs for his

 

or her the custodian's responsibilities as custodian. The custodian

 

shall ensure the filing of all required tax returns for which the

 

trust fund or escrow account is liable and shall disburse funds

 

from earnings to pay lawfully due taxes owed by the trust fund or

 

escrow account, without permission of the department.

 

     (3) (5) The custodian shall annually, 30 days preceding the

 

anniversary date of establishment of the fund, furnish to the owner

 

or operator and to the department a statement confirming the value

 

of the fund or account as of the end of that month.

 

     (4) (6) The owner or operator may request that the department

 

authorize the release of funds from a trust fund or escrow account.

 

The department shall grant the request if the owner or operator

 

demonstrates that the value of the fund or account exceeds the

 

owner's or operator's financial assurance obligation. A payment or

 

disbursement from the fund or account shall not be made without the

 

prior written approval of the department.

 

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


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

 

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

 

financial assurance requirements of part 115 by establishing a

 

trust fund or escrow account and the custodian has its authority to

 

act as a custodian suspended or revoked, the owner or operator

 

shall, within 60 days after receiving notice of the suspension or

 

revocation, establish alternative financial assurance under part

 

115.

 

     (7) (8) For purposes of this section, the term "custodian"

 

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

 

account.

 

     Sec. 11525. (1) This section applies only to landfills subject

 

to section 11523(1)(a).

 

     (2) The owner or operator of a landfill shall establish and

 

maintain a perpetual care fund for a period of 30 years after final

 

closure of the landfill as specified in this section. A perpetual

 

care fund may be established as a trust, an escrow account, or a

 

perpetual care fund bond and may be used to demonstrate financial

 

assurance for type II landfills under section 11523 and section

 

11523a.a landfill.

 

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

 

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

 

her the perpetual care fund 75 cents for each ton or portion of a

 

ton or 25 cents for each cubic yard or portion of a cubic yard of

 

solid waste that is disposed of in the landfill after June 17, 1990

 

until the fund reaches the maximum required fund amount. As of July

 

1, 1996, 2018, the maximum required fund amount is $1,156,000.00.


$2,257,000.00. This amount shall be annually adjusted for inflation

 

and rounded to the nearest thousand. The department shall annually

 

adjust the maximum required fund this amount for inflation annually

 

by multiplying the amount by an inflation factor derived from the

 

most recent bureau of reclamation Bureau of Reclamation composite

 

index published by the United States department of commerce

 

Department of Commerce or another index more representative of the

 

costs of closure and postclosure monitoring and maintenance as

 

determined appropriate by the department. The department shall

 

round the resulting amount to the nearest thousand dollars.

 

Increases to the amount of a perpetual care fund required under

 

this subsection shall be calculated based on solid waste disposed

 

of in the landfill as of the end of the state fiscal year and shall

 

be made within 30 days after the end of each state fiscal year.

 

     (4) (3) The owner or operator of a landfill that is used for

 

the disposal of the following materials shall increase the amount

 

of the perpetual care fund 7.5 cents for each ton or cubic yard or

 

portion of a ton or cubic yard of the following: materials that are

 

disposed of in the landfill after June 17, 1990:

 

     (a) Coal ash, wood ash, or cement kiln dust, or a combination

 

thereof, that is disposed of in a the landfill that if the landfill

 

is used only for the disposal of coal ash, wood ash, or cement kiln

 

dust, or a combination of these materials, or that is these

 

materials or these materials are permanently segregated in a the

 

landfill.

 

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

 

paper producing industries that is disposed of in a the landfill


that if the landfill is used only for the disposal of wastewater

 

treatment sludge and sediments from wood pulp or paper producing

 

industries, or that is these materials or these materials are

 

permanently segregated in a the landfill.

 

     (c) Foundry sand or other material that is approved by the

 

department for use as daily cover at the landfill if an operating

 

landfill; , foundry sand that is disposed of in a the landfill that

 

if the landfill is used only for the disposal of foundry sand; , or

 

foundry sand that is permanently segregated in a the landfill.

 

     (5) (4) The owner or operator of a landfill that is used only

 

for the disposal of a mixture of 2 or more of the materials

 

described in subsection (3)(a) (4)(a) to (c) or in which a mixture

 

of 2 or more of these materials are permanently segregated shall

 

increase the amount of the perpetual care fund 7.5 cents for each

 

ton or cubic yard or portion of a ton or cubic yard of these

 

materials that are disposed of in the landfill. after July 1, 1996.

 

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

 

be increased for materials that are regulated under part 631.

 

     (7) (6) The owner or operator of a landfill may increase the

 

amount of the perpetual care fund above the amount otherwise

 

required by this section at his or her discretion.

 

     (8) (7) The custodian of a perpetual care fund trust or escrow

 

account shall be a bank or other financial institution that has the

 

authority to act as a custodian and whose account operations are

 

regulated and examined by a federal or state agency. Until the

 

perpetual care fund trust or escrow account reaches the maximum

 

required fund amount, the custodian of a the perpetual care fund


trust or escrow account shall credit any interest and earnings of

 

the perpetual care fund trust or escrow account to the perpetual

 

care fund trust or escrow account. After the perpetual care fund

 

trust or escrow account reaches the maximum required fund amount,

 

any interest and earnings shall be distributed as directed by the

 

owner or operator. The agreement governing the operation of the

 

perpetual care fund trust or escrow account shall be executed on a

 

form consistent with this part and provided by the department. The

 

custodian may be compensated from the fund for reasonable fees and

 

costs incurred for his or her in discharging the custodian's

 

responsibilities. as custodian. The custodian of a perpetual care

 

fund trust or escrow account shall make an accounting to the

 

department within 30 days following the close of each state fiscal

 

year.

 

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

 

disburse any funds to the owner or operator of a landfill for the

 

purposes of the perpetual care fund except upon the prior written

 

approval of the department. However, the custodian shall ensure the

 

filing of all required tax returns for which the perpetual care

 

fund is liable and shall disburse funds to pay lawfully due taxes

 

owed by the perpetual care fund without permission of the

 

department. The owner or operator of the landfill shall provide

 

notice of requests for disbursement and the department's denials

 

and approvals to the custodian of the perpetual care fund. Requests

 

for disbursement from a perpetual care fund shall be submitted not

 

more frequently than semiannually. The owner or operator of a

 

landfill may request disbursement of funds from a perpetual care


fund whenever if the amount of money in the fund exceeds the

 

maximum required fund amount under subsection (3), unless a

 

disbursement for that reason has been approved by the department

 

within the preceding 180 days. The department shall approve the

 

disbursement if the total amount of financial assurance maintained

 

meets the requirements of sections 11523 and 11523a. As used in

 

this subsection, "maximum required fund amount" means:section

 

11523(1)(a).

 

     (a) For those landfills containing only those materials

 

specified in subsection (3), an amount equal to 1/2 of the maximum

 

required fund amount specified in subsection (2).

 

     (b) For all other landfills, an amount equal to the maximum

 

required fund amount specified in subsection (2).

 

     (10) (9) If the owner or operator of a landfill refuses or

 

fails to conduct closure, postclosure monitoring and maintenance,

 

or corrective action as necessary to protect the public health,

 

safety, or welfare, or the environment or fails to request the

 

disbursement of money from a perpetual care fund when necessary to

 

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

 

or fails to pay the solid waste management program administration

 

fee or the surcharge required under section 11525a, then the

 

department may draw on the perpetual care fund and may expend the

 

money for closure, postclosure monitoring and maintenance, and

 

corrective action, as necessary. The department may also draw on a

 

perpetual care fund for administrative costs associated with

 

actions taken under this subsection.

 

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


terminate financial assurance for a landfill under section 11525b,

 

any money in the perpetual care fund for that landfill shall be

 

disbursed by the custodian to the owner of the landfill unless a

 

contract an agreement between the owner and the operator of the

 

landfill provides otherwise.

 

     (12) (11) The owner of a landfill shall provide notice to the

 

custodian of the perpetual care fund for that landfill if there is

 

a change of ownership of the landfill. The custodian shall maintain

 

records of ownership of a landfill during the period of existence

 

of the perpetual care fund.

 

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

 

of a landfill of any liability that he or she the owner or operator

 

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

 

     (14) (13) This section does not create a cause of action at

 

law or in equity against a custodian of a perpetual care fund other

 

than for errors or omissions related to investments, accountings,

 

disbursements, filings of required tax returns, and maintenance of

 

records required by this section or the applicable perpetual care

 

fund.

 

     (14) As used in this section, "custodian" means the trustee or

 

escrow agent of any of the following:

 

     (a) A perpetual care fund that is established as a trust or

 

escrow account.

 

     (b) A standby trust or escrow account for a perpetual care

 

fund bond.

 

     (15) A perpetual care fund that is established as a trust or

 

escrow account may be replaced with a perpetual care fund that is


established as a perpetual care fund bond that complies with this

 

section. Upon such replacement, the director department shall

 

authorize the custodian of the trust or escrow account to disburse

 

the money in the trust or escrow account to the owner of the

 

landfill unless a contract an agreement between the owner and

 

operator of the landfill specifies otherwise.

 

     (16) An owner or operator of a landfill who that uses a

 

perpetual care fund bond to satisfy the requirements of this

 

section shall also establish a standby trust or escrow account. All

 

payments made under the terms of the perpetual care fund bond shall

 

be deposited by the custodian directly into the standby trust or

 

escrow account in accordance compliance with instructions from the

 

director. department. The standby trust or escrow account must meet

 

the requirements for a trust or escrow account established as a

 

perpetual care fund under subsection (1), (2), except that until

 

the standby trust or escrow account is funded pursuant to the

 

requirements of this subsection, the following are not required:

 

     (a) Payments into the standby trust or escrow account as

 

specified in subsection (2).(3).

 

     (b) Annual accounting valuations accountings as required in

 

subsection (7).(8).

 

     (17) As used in this section, "custodian" means the trustee or

 

escrow agent of any of the following:

 

     (a) A perpetual care fund that is established as a trust or

 

escrow account.

 

     (b) A standby trust or escrow account for a perpetual care

 

fund bond.


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

 

to the department a surcharge as follows:

 

     (a) Except as provided in subdivision (b), 12 cents for each

 

cubic yard or portion of a cubic yard of solid waste or municipal

 

solid waste incinerator ash that is disposed of in the landfill

 

before October 1, 2019.

 

     (b) For type III landfills that are captive facilities, the

 

following annual amounts for each state fiscal year, based on the

 

amount of waste received during that fiscal year:

 

     (i) For a captive facility that receives 100,000 or more cubic

 

yards of waste, $3,000.00.

 

     (ii) For a captive facility that receives 75,000 or more but

 

less than 100,000 cubic yards of waste, $2,500.00.

 

     (iii) For a captive facility that receives 50,000 or more but

 

less than 75,000 cubic yards of waste, $2,000.00.

 

     (iv) For a captive facility that receives 25,000 or more but

 

less than 50,000 cubic yards of waste, $1,000.00.

 

     (v) For a captive facility that receives less than 25,000

 

cubic yards of waste, $500.00.

 

     (2) The Within 30 days after the end of each quarter of a

 

state fiscal year, the owner or operator of a landfill shall pay

 

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

 

of each for waste received during that quarter of the state fiscal

 

year. The Within 30 days after the end of a state fiscal year, the

 

owner or operator of a type III landfill that is a captive facility

 

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

 

each for waste received during that state fiscal year.


     (3) The owner or operator of a landfill who is required to pay

 

the surcharge under subsection (1) shall pass through and collect

 

the surcharge from any person who generated the solid waste or who

 

arranged for its delivery to the solid waste hauler or solid waste

 

processing and transfer facility notwithstanding the provisions of

 

any contract or agreement to the contrary or the absence of any

 

contract or agreement.

 

     (4) Surcharges collected under this section shall be forwarded

 

to the state treasurer for deposit in the solid waste staff account

 

of the solid waste management fund. established in section 11550.

 

     (5) As used in this section, "captive facility" means a

 

landfill that accepts for disposal only nonhazardous industrial

 

waste generated only by the owner of the landfill or a nonhazardous

 

industrial waste landfill that is described in section 11525(3).

 

     Sec. 11525b. (1) The owner or operator of a materials

 

utilization facility for which financial assurance is required

 

under section 11523 or of a disposal area shall provide continuous

 

financial assurance coverage until released from these requirements

 

by the department under the provisions of this part 115.

 

     (2) Upon transfer of a materials utilization facility for

 

which financial assurance is required under section 11523 or of a

 

disposal area, the former owner or operator shall continue to

 

maintain financial assurance until the financial assurance is

 

replaced by the new owner or operator or until the materials

 

utilization facility or disposal area is released from the

 

financial assurance obligation at the end of the postclosure

 

period.


     (3) (2) The If the owner or operator of a landfill who that

 

has completed postclosure maintenance and monitoring of the

 

landfill in accordance compliance with this part, rules promulgated

 

under this part , 115 and the approved postclosure plan, the owner

 

or operator may request that financial assurance required by

 

sections 11523 and 11523a be terminated. A person requesting

 

termination of bonding and financial assurance for a landfill shall

 

submit to the department a statement that the landfill has been

 

monitored and maintained in accordance compliance with this part,

 

rules promulgated under this part , 115 and the approved

 

postclosure plan for the postclosure period specified in section

 

11523 and shall certify that the landfill is not subject to

 

corrective action under section 11515.11512(14). For other

 

materials management facilties with financial assurance, the owner

 

or operator of the facility shall submit to the department a

 

statement that the facility has been maintained in compliance with

 

part 115 and has removed all managed material from the facility.

 

Within 60 days of after receiving a statement under this

 

subsection, the department shall perform a consistency review of

 

the submitted statement and do 1 of the following:

 

     (a) Approve the statement, notify the owner or operator that

 

he or she is no longer required to maintain financial assurance,

 

return or release all financial assurance mechanisms, and, if the

 

perpetual care fund is established as a trust or escrow account,

 

notify the custodian of the perpetual care fund that money from the

 

fund shall be disbursed as provided in section 11525(10).11525(11).

 

     (b) Disapprove the statement and provide the owner or operator


with a detailed written statement of the reasons why the department

 

has determined that postclosure maintenance and monitoring and

 

corrective action, if any, have not been conducted in accordance

 

compliance with this part, the rules promulgated under this part ,

 

115 or an the approved postclosure plan.

 

     Sec. 11525c. (1) This section applies only to landfills

 

subject to section 11523(1)(b).

 

     (2) The owner or operator of a landfill shall establish and

 

maintain a landfill care fund as specified in this section. A

 

landfill care fund may be established as a trust, an escrow

 

account, or a landfill care fund bond and may be used to

 

demonstrate financial assurance for landfills under section 11523a.

 

     (3) The owner or operator of a landfill may increase the

 

amount of the landfill care fund above the amount otherwise

 

required by this section at his or her discretion.

 

     (4) The custodian of a landfill care fund trust or escrow

 

account shall be a bank or other financial institution that has the

 

authority to act as a custodian and whose account operations are

 

regulated and examined by a federal or state agency. Any interest

 

and earnings shall be distributed as directed by the owner or

 

operator of the landfill. The custodian may be compensated from the

 

fund for reasonable fees and costs incurred for the custodian's

 

responsibilities as custodian. The custodian of a landfill care

 

fund trust or escrow account shall make an accounting to the

 

department within 30 days following the close of each state fiscal

 

year.

 

     (5) The custodian of a landfill care fund trust or escrow


account shall not disburse any funds to the owner or operator of a

 

landfill for the purposes of the landfill care fund and the issuer

 

or holder of a landfill care fund bond shall not reduce the amount

 

of the bond except upon the prior written approval of the

 

department. However, the custodian shall ensure the filing of all

 

required tax returns for which the landfill care fund is liable and

 

shall disburse funds to pay taxes owed by the landfill care fund,

 

without permission of the department. The owner or operator of the

 

landfill shall provide notice of requests for disbursement from a

 

landfill care fund trust or escrow account or reduction of a

 

landfill care fund bond and the department's denials and approvals

 

to the custodian of the landfill care fund or the issuer or holder

 

of the landfill care fund bond. Requests for disbursement from a

 

landfill care fund trust or escrow account or a reduction of a

 

landfill care fund bond shall be submitted not more frequently than

 

semiannually. The owner or operator of a landfill may request

 

disbursement of funds from a landfill care fund trust or escrow

 

account or a reduction of a landfill care fund bond. The department

 

shall approve the request if the total amount of financial

 

assurance maintained meets the requirements of section 11523a.

 

     (6) If the owner or operator of a landfill fails to conduct

 

closure, postclosure monitoring and maintenance, or corrective

 

action as necessary to protect the public health, safety, or

 

welfare, or the environment, or fails to request the disbursement

 

of money from a landfill care fund when necessary to protect the

 

public health, safety, or welfare, or the environment, or fails to

 

pay the solid waste management program administration fee or the


surcharge required under section 11525a, then the department may

 

also draw on the landfill care fund and may expend the money for

 

closure, postclosure monitoring and maintenance, and corrective

 

action, as necessary. The department may draw on a landfill care

 

fund for administrative costs associated with actions taken under

 

this subsection.

 

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

 

financial assurance for a landfill under section 11525b, any money

 

in the landfill care fund for that landfill shall be disbursed by

 

the custodian to the owner of the landfill unless an agreement

 

between the owner and the operator of the landfill provides

 

otherwise.

 

     (8) The owner of a landfill shall provide notice to the

 

custodian of the landfill care fund for that landfill if there is a

 

change of ownership of the landfill. The custodian shall maintain

 

records of ownership of a landfill during the period of existence

 

of the landfill care fund.

 

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

 

landfill of any liability the owner or operator may have under part

 

115 or as otherwise provided by law.

 

     (10) This section does not create a cause of action at law or

 

in equity against a custodian of a landfill care fund other than

 

for errors or omissions related to investments, accountings,

 

disbursements, filings of required tax returns, and maintenance of

 

records required by this section or the applicable landfill care

 

fund.

 

     (11) A perpetual care fund and any other bond that is utilized


by a landfill to demonstrate financial assurance under part 115 and

 

that is in existence on the effective date of the 2018 act that

 

added this section is considered a landfill care fund under this

 

section for purposes of demonstrating compliance with section

 

11523a until the issuance of a new license for the landfill on or

 

after the date 2 years after the effective date of the 2018 act

 

that added this section. A landfill owner or operator may replace a

 

perpetual care fund or a bond with a landfill care fund that

 

complies with this section at any time without a license

 

modification and without the issuance of a new license. Upon such

 

replacement, the department shall authorize the custodian of a

 

perpetual care fund trust or escrow account to disburse the money

 

in the trust or escrow account to the owner of the landfill unless

 

an agreement between the owner and operator of the landfill

 

specifies otherwise.

 

     (12) An owner or operator of a landfill that uses a landfill

 

care fund bond to satisfy the requirements of this section shall

 

also establish a standby trust or escrow account. All payments made

 

under the terms of the landfill care fund bond shall be deposited

 

by the custodian directly into the standby trust or escrow account

 

in compliance with instructions from the department. The standby

 

trust or escrow account must meet the requirements for a trust or

 

escrow account established as a landfill care fund under subsection

 

(2), except that until the standby trust or escrow account is

 

funded pursuant to the requirements of this subsection, annual

 

accountings of the standby trust or escrow account are not

 

required.


     (13) As used in this section, "custodian" means the trustee or

 

escrow agent of any of the following:

 

     (a) A landfill care fund that is established as a trust or

 

escrow account.

 

     (b) A standby trust or escrow account for a landfill care fund

 

bond.

 

     Sec. 11525e. If the owner or operator of a materials

 

management facility is required to establish a bond under another

 

state statute or a federal statute, the owner or operator may

 

request the department to allow the bond to meet the requirements

 

of part 115. The department shall approve a bond established under

 

another state statute or a federal statute if the bond provides

 

equivalent funds and access by the department as other financial

 

instruments under part 115.

 

                       SUBPART 5 MISCELLANEOUS

 

     Sec. 11526. (1) The department, a local health officer, or a

 

law enforcement officer of competent jurisdiction may inspect a

 

solid waste transporting unit that is being used to transport solid

 

waste along a public road to determine if the solid waste

 

transporting unit is designed, maintained, and operated in a manner

 

to prevent littering or to determine if the owner or operator of

 

the solid waste transporting unit is performing in compliance with

 

this part and the rules promulgated under this part 115.

 

     (2) In order to To protect the public health, safety, and or

 

welfare, and or the environment of this state, from items and

 

substances being illegally disposed of in landfills in this state,

 

the department, in conjunction with the department of state police,


shall administer this part so as to do all of do the following:

 

     (a) Ensure that all disposal areas are each materials

 

management facility is in full compliance with this part and the

 

rules promulgated under this part.115.

 

     (b) Provide for the inspection of each licensed solid waste

 

disposal area for compliance with this part and the rules

 

promulgated under this part 115 at least 4 times per year.

 

     (c) Provide for the annual inspection of each materials

 

management facility that is not a disposal area and is approved

 

under a general permit or registered under part 115, for compliance

 

with part 115.

 

     (d) (c) Ensure that all persons disposing of solid waste are

 

doing so in compliance with this part and the rules promulgated

 

under this part.115.

 

     (3) The department and the department of state police may

 

conduct regular, random inspections of waste being transported for

 

disposal at disposal areas to materials management facilities in

 

this state. Inspections under this subsection may be conducted

 

during transportation or at disposal areas at the end original

 

destination.the materials management facility.

 

     (4) An inspection described in this section may also be

 

conducted upon receipt of a complaint or as the department

 

determines to be necessary to ensure compliance with part 115.

 

     Sec. 11526a. (1) Beginning October 1, 2004, in order to

 

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

 

of this state from the improper disposal of waste that is

 

prohibited from disposal in a landfill, and in recognition that the


nature of solid waste collection and transport limits the ability

 

of the state to conduct cost effective inspections to ensure

 

compliance with state law, the The owner or operator of a landfill

 

shall not accept for disposal in this state solid waste, including,

 

but not limited to, municipal solid waste incinerator ash, that was

 

generated outside of this state unless 1 or more of the following

 

are met:

 

     (a) The solid waste is composed of a uniform type of item,

 

material, or substance, other than municipal solid waste

 

incinerator ash, that meets the requirements for disposal in a

 

landfill under this part and the rules promulgated under this

 

part.115.

 

     (b) The solid waste was received through a material recovery

 

facility, a transfer station, or other facility that has documented

 

that it has removed from the solid waste being delivered to the

 

landfill those items that are prohibited from disposal in a

 

landfill.

 

     (c) The country, state, province, or local jurisdiction in

 

which the solid waste was generated is approved by the department

 

for inclusion on the list compiled by the department under section

 

11526b.

 

     (2) Notwithstanding section 11538 or any other provision of

 

this part 115, if there is sufficient disposal capacity for a

 

county's planning area's disposal needs in or within 150 miles of

 

the county, all of the following apply:

 

     (a) The county is not required to identify a site for a new

 

landfill in its solid waste management plan.


     (b) An interim siting mechanism shall not become operative in

 

the county unless the county board of commissioners determines

 

otherwise.

 

     (c) The planning area, the department is not required to issue

 

a construction permit for a new landfill or municipal solid waste

 

incinerator in the county.planning area.

 

     Sec. 11527. (1) A solid waste hauler transporting solid waste

 

over a public road in this state shall deliver do both of the

 

following:

 

     (a) Deliver all waste to a disposal area licensed under part

 

115 or a solid waste processing and transfer facility licensed or

 

registered or for which a notification has been submitted under

 

this part and shall use 115.

 

     (b) Use only a vehicle or container that does not contribute

 

to littering and that conforms to the rules promulgated by the

 

department.part 115.

 

     (2) A solid waste hauler who violates this part or a rule

 

promulgated under this part, or who that is responsible for a

 

vehicle that has in part contributed to a violation of this part or

 

a rule promulgated under this part, is subject to a penalty as

 

provided in section 11549.part 115 is considered to have committed

 

the violation.

 

     (3) A solid waste hauler operating within a county with a

 

materials management plan prepared by the department shall provide

 

curbside recycling services that meet the requirements of the

 

benchmark recycling standard for single-family residences for which

 

it provides solid waste hauling services.


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

 

garbage, food waste, industrial or domestic sludges, or other

 

moisture laden materials not specifically covered by part 121 shall

 

be watertight and constructed, maintained, and operated to prevent

 

littering. Solid waste transporting units used for hauling other

 

solid waste shall be designed and operated to prevent littering or

 

any other nuisance.

 

     (2) A solid waste hauler who violates this part or the rules

 

promulgated under this part is subject to the penalties provided in

 

this part.

 

     (2) (3) The department, a local health officer, or a law

 

enforcement officer may order a solid waste transporting unit out

 

of service if the unit does not satisfy the requirements of this

 

part or the rules promulgated under this part 115. Continued use of

 

a solid waste transporting unit ordered out of service is a

 

violation of this part.

 

     Sec. 11531. (1) A municipality or county shall assure ensure

 

that all solid waste is removed from the site of generation

 

frequently enough to protect the public health, and is delivered to

 

licensed disposal areas, a materials management facility that meets

 

the requirements of section 11508(1)(a), except waste that is

 

permitted by state law or rules promulgated by the department to be

 

disposed of at the site of generation.

 

     (2) An ordinance enacted adopted before February 8, 1988 by a

 

county or municipality incidental to the financing of a publicly

 

owned disposal area or areas under construction that directs that

 

all or part of the solid waste generated in that county or


municipality be directed to the disposal area or areas is an

 

acceptable means of compliance with subsection (1), notwithstanding

 

that the ordinance, in the case of a county, has not been approved

 

by the governor. This subsection applies only to ordinances adopted

 

by the governing body of a county or municipality before February

 

8, 1988, and does not validate or invalidate an ordinance adopted

 

on or after February 8, 1988 as an acceptable means of compliance

 

with subsection (1).

 

     Sec. 11532. (1) Except as provided in subsection (3), (2), a

 

municipality may impose an impact fee of not more than 10 30 cents

 

per cubic yard ton on solid waste, including municipal solid waste

 

incinerator ash, that is disposed of in a landfill located within

 

the municipality that is utilized by the public and utilized to

 

dispose of solid waste collected from 2 or more persons. However,

 

if the landfill is located within a village, the impact fee

 

provided for in this subsection shall be imposed only by the

 

township in pursuant to an agreement with the village. The An

 

impact fee shall be assessed uniformly on all wastes accepted for

 

disposal.

 

     (2) Except as provided in subsection (3), a municipality may

 

impose an impact fee of not more than 10 cents per cubic yard on

 

municipal solid waste incinerator ash that is disposed of in a

 

landfill located within the municipality that is utilized to

 

dispose of municipal solid waste incinerator ash. However, if the

 

landfill is located within a village, the impact fee provided for

 

in this subsection shall be imposed by the township in agreement

 

with the village.


     (2) (3) A municipality may enter into an agreement with the

 

owner or operator of a landfill to establish a higher impact fee

 

than those provided for in subsections (1) and (2).subsection (1).

 

     (3) (4) The impact fees imposed under this section shall be

 

collected by the owner or operator of a landfill and shall be paid

 

to the municipality quarterly by the thirtieth day after the end of

 

each calendar quarter. However, the impact fees allowed to be

 

assessed to each landfill under this section shall be reduced by

 

any amount of revenue paid to or available to the municipality from

 

the landfill under the terms of any preexisting agreements,

 

including, but not limited to, contracts, special use permit

 

conditions, court settlement agreement conditions, and trusts.

 

     (4) (5) Unless a trust fund is established by a municipality

 

pursuant to subsection (6), (5), the revenue collected by a

 

municipality under subsections (1) and (2) pursuant to subsection

 

(1) shall be deposited in its general fund. to be Subject to

 

subsection (8), the revenue shall be used for any purpose that

 

promotes the public health, safety, or welfare of the citizens of

 

the municipality. However, revenue collected pursuant to this

 

section shall not be used to bring or support a lawsuit or other

 

legal action against an owner or operator of a landfill who is

 

collecting an impact fee pursuant to subsection (4) unless the

 

owner or operator of the landfill has instituted a lawsuit or other

 

legal action against the municipality.

 

     (5) (6) The A municipality may establish a trust fund to

 

receive revenue collected pursuant to this section. The trust fund

 

shall be administered by a board of trustees. The board of trustees


shall consist of the following members:

 

     (a) The chief elected official of the municipality. creating

 

the trust fund.

 

     (b) An individual from the municipality appointed by the

 

governing board body of the municipality.

 

     (c) An individual approved by the owners or operators of the

 

landfills within the municipality and appointed by the governing

 

board body of the municipality.

 

     (6) (7) Individuals appointed to serve on the board of

 

trustees under subsection (6)(b) (5)(b) and (c) shall serve for

 

terms of 2 years.

 

     (7) (8) Money Subject to subsection (8), money in the a trust

 

fund under subsection (5) may be expended, pursuant to a majority

 

vote of the board of trustees, for any purpose that promotes the

 

public health, safety, or welfare of the citizens of the

 

municipality. However, revenue

 

     (8) Revenue collected pursuant to this section shall not be

 

used to bring or support a lawsuit or other legal action against an

 

a landfill owner or operator of a landfill who that is collecting

 

an impact fee pursuant to under subsection (4) (3) unless the owner

 

or operator of the landfill has instituted a lawsuit or other legal

 

action against the municipality.

 

     Sec. 11533. (1) Each solid waste management plan shall include

 

an enforceable program and process to assure that the nonhazardous

 

solid waste generated or to be generated in the planning area for a

 

period of 10 years or more is collected and recovered, processed,

 

or disposed of at disposal areas that comply with state law and


rules promulgated by the department governing location, design, and

 

operation of the disposal areas. Each solid waste management plan

 

may include an enforceable program and process to assure that only

 

items authorized for disposal in a disposal area under this part

 

and the rules promulgated under this part are disposed of in the

 

disposal area.

 

     (2) An initial solid waste management plan shall be prepared

 

and approved under this section and shall be submitted to the

 

director not later than January 5, 1984. Following submittal of the

 

initial plan, the solid waste management plan shall be reviewed and

 

updated every 5 years. An updated solid waste management plan and

 

an amendment to a solid waste management plan shall be prepared and

 

approved as provided in this section and sections 11534, 11535,

 

11536, 11537, and 11537a. The solid waste management plan shall

 

encompass all municipalities within the county. The solid waste

 

management plan shall at a minimum comply with the requirements of

 

sections 11537a and 11538. The solid waste management plan shall

 

take into consideration solid waste management plans in contiguous

 

counties and existing local approved solid waste management plans

 

as they relate to the county's needs. At a minimum, a county

 

preparing a solid waste management plan shall consult with the

 

regional planning agency from the beginning to the completion of

 

the plan.

 

     (3) Not later than July 1, 1981, each county shall file with

 

the department and with each municipality within the county on a

 

form provided by the department, a notice of intent, indicating the

 

county's intent to prepare a solid waste management plan or to


upgrade an existing solid waste management plan. The notice shall

 

identify the designated agency which shall be responsible for

 

preparing the solid waste management plan.

 

     (4) If the county fails to file a notice of intent with the

 

department within the prescribed time, the department immediately

 

shall notify each municipality within the county and shall request

 

those municipalities to prepare a solid waste management plan for

 

the county and shall convene a meeting to discuss the plan

 

preparation. Within 4 months following notification by the

 

department, the municipalities shall decide by a majority vote of

 

the municipalities in the county whether or not to file a notice of

 

intent to prepare the solid waste management plan. Each

 

municipality in the county shall have 1 vote. If a majority does

 

not agree, then a notice of intent shall not be filed. The notice

 

shall identify the designated agency which is responsible for

 

preparing the solid waste management plan.

 

     (5) If the municipalities fail to file a notice of intent to

 

prepare a solid waste management plan with the department within

 

the prescribed time, the department shall request the appropriate

 

regional solid waste management planning agency to prepare the

 

solid waste management plan. The regional solid waste management

 

planning agency shall respond within 90 days after the date of the

 

request.

 

     (6) If the regional solid waste management planning agency

 

declines to prepare a solid waste management plan, the department

 

shall prepare a solid waste management plan for the county and that

 

plan shall be final.


     (7) A solid waste management planning agency, upon request of

 

the department, shall submit a progress report in preparing its

 

solid waste management plan.The department may promulgate rules

 

that contain design and operational standards for solid waste

 

transporting units and materials management facilities or otherwise

 

implement this part. The rules may include standards for any of the

 

following:

 

     (a) Hydrogeologic investigations.

 

     (b) Monitoring.

 

     (c) Liner materials.

 

     (d) Leachate collection and treatment, if applicable.

 

     (e) Groundwater separation distances.

 

     (f) Environmental assessments.

 

     (g) Methane gas control.

 

     (h) Soil erosion.

 

     (i) Sedimentation control.

 

     (j) Groundwater and surface water quality.

 

     (k) Noise and air pollution.

 

     (l) The use of floodplains and wetlands.

 

               SUBPART 6 INCINERATORS AND OPEN BURNING

 

     Sec. 11539. (1) The director shall not approve a plan update

 

unless:

 

     (a) The plan contains an analysis or evaluation of the best

 

available information applicable to the plan area in regard to

 

recyclable materials and all of the following:

 

     (i) The kind and volume of material in the plan area's waste

 

stream that may be recycled or composted.


     (ii) How various factors do or may affect a recycling and

 

composting program in the plan area. Factors shall include an

 

evaluation of the existing solid waste collection system; materials

 

market; transportation networks; local composting and recycling

 

support groups, or both; institutional arrangements; the population

 

in the plan area; and other pertinent factors.

 

     (iii) An identification of impediments to implementing a

 

recycling and composting program and recommended strategies for

 

removing or minimizing impediments.

 

     (iv) How recycling and composting and other processing or

 

disposal methods could complement each other and an examination of

 

the feasibility of excluding site separated material and source

 

separated material from other processing or disposal methods.

 

     (v) Identification and quantification of environmental,

 

economic, and other benefits that could result from the

 

implementation of a recycling and composting program.

 

     (vi) The feasibility of source separation of materials that

 

contain potentially hazardous components at disposal areas. This

 

subparagraph applies only to plan updates that are due after

 

January 31, 1989.

 

     (b) The plan either provides for recycling and composting

 

recyclable materials from the plan area's waste stream or

 

establishes that recycling and composting are not necessary or

 

feasible or is only necessary or feasible to a limited extent.

 

     (c) A plan that proposes a recycling or composting program, or

 

both, details the major features of that program, including all of

 

the following:


     (i) The kinds and volumes of recyclable materials that will be

 

recycled or composted.

 

     (ii) Collection methods.

 

     (iii) Measures that will ensure collection such as ordinances

 

or cooperative arrangements, or both.

 

     (iv) Ordinances or regulations affecting the program.

 

     (v) The role of counties and municipalities in implementing

 

the plan.

 

     (vi) The involvement of existing recycling interests, solid

 

waste haulers, and the community.

 

     (vii) Anticipated costs.

 

     (viii) On-going program financing.

 

     (ix) Equipment selection.

 

     (x) Public and private sector involvement.

 

     (xi) Site availability and selection.

 

     (xii) Operating parameters such as pH and heat range.

 

     (d) The plan includes an evaluation of how the planning entity

 

is meeting the state's waste reduction and recycling goals as

 

established pursuant to section 11541(4).

 

     (2) The director may promulgate rules as may be necessary to

 

implement this section.The open burning of yard waste or leaves is

 

prohibited in any municipality having a population of 7,500 or

 

more, unless specifically authorized by local ordinance. Within 30

 

days after adoption of such an ordinance, the clerk of the

 

municipality shall notify the department of its adoption.

 

     (2) Subsection (1) does not permit a county or municipality to

 

authorize open burning of yard waste or leaves by an ordinance that


is prohibited under part 55 or rules promulgated under that part.

 

     (3) A person shall not conduct open burning of household waste

 

that contains plastic, rubber, foam, chemically treated wood,

 

textiles, electronics, chemicals, or hazardous materials.

 

     (4) Subpart 7 does not apply to an individual who violates

 

subsection (3) by open burning of waste from that individual's

 

household. The individual is responsible for a state civil

 

infraction and is subject to the following:

 

     (a) For a first offense within a 3-year period, a warning by

 

the judge or magistrate.

 

     (b) For a second offense within a 3-year period, a civil fine

 

of not more than $75.00.

 

     (c) For a third offense within a 3-year period, a civil fine

 

of not more than $150.00.

 

     (d) For a fourth or subsequent offense within a 3-year period,

 

a civil fine of not more than $300.00.

 

     (5) Notwithstanding section 5512, the department shall not

 

promulgate or enforce a rule that extends the prohibition under

 

subsection (3) to materials not listed in subsection (3).

 

     (6) Part 115, part 55, or rules promulgated under part 55 do

 

not prohibit a person from conducting open burning of wooden fruit

 

or vegetable storage bins constructed from untreated lumber if the

 

following requirements are met:

 

     (a) The burning is conducted for disease or pest control.

 

     (b) The burning is not conducted at any of the following

 

locations:

 

     (i) Within a priority I area as listed in table 33 or a


priority II area as listed in table 34 of R 336.1331 of the

 

Michigan Administrative Code.

 

     (ii) In a city or village.

 

     (iii) Within 1,400 feet outside the boundary of a city or

 

village.

 

     (7) Subsections (5) and (6) do not authorize open burning that

 

is prohibited by a local ordinance.

 

     (8) A congressionally chartered patriotic organization that

 

disposes of an unserviceable flag of the United States by burning

 

that flag is not subject to regulation or santion for violating

 

state law or local ordinance pertaining to open burning.

 

     Sec. 11540. (1) Not later than September 11, 1979, the

 

department shall submit to the legislature rules that contain

 

sanitary design and operational standards for solid waste

 

transporting units and disposal areas and otherwise implement this

 

part. The rules shall include standards for hydrogeologic

 

investigations; monitoring; liner materials; leachate collection

 

and treatment, if applicable; groundwater separation distances;

 

environmental assessments; methane gas control; soil erosion;

 

sedimentation control; groundwater and surface water quality; noise

 

and air pollution; and the use of floodplains and wetlands.The

 

owner or operator of an incinerator may, but is not required to,

 

comply with the disposal area construction permit and operating

 

license requirements of subpart 2 if both of the following

 

conditions are met:

 

     (a) Solid waste to be incinerated is managed in a properly

 

enclosed area in a manner that prevents fugitive dust, litter,


leachate generation, precipitation runoff, or any release of solid

 

waste to the air, soil, surface water, or groundwater.

 

     (b) The incinerator has a permit issued under part 55.