Bill Text: MI HB5363 | 2011-2012 | 96th Legislature | Engrossed


Bill Title: Environmental protection; solid waste; soil from sugar beet production; exclude from solid waste definition. Amends sec. 11506 of 1994 PA 451 (MCL 324.11506).

Spectrum: Slight Partisan Bill (Republican 21-13)

Status: (Introduced - Dead) 2012-12-11 - Referred To Committee Of The Whole [HB5363 Detail]

Download: Michigan-2011-HB5363-Engrossed.html

HB-5363, As Passed House, June 7, 2012

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5363

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11506 (MCL 324.11506), as amended by 2010 PA

 

345.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

incinerator ash, incinerator residue, street cleanings, municipal

 

and industrial sludges, solid commercial and solid industrial

 

waste, and animal waste other than organic waste generated in the

 

production of livestock and poultry. However, solid waste does not

 

include the following:

 

     (a) Human body waste.

 

     (b) Medical waste.

 

     (c) Organic waste generated in the production of livestock and

 

poultry.

 


     (d) Liquid waste.

 

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

 

processor or to a reuser of ferrous or nonferrous products.

 

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

 

reuser of slag or slag products.

 

     (g) Sludges and ashes managed as recycled or nondetrimental

 

materials appropriate for agricultural or silvicultural use

 

pursuant to a plan approved by the department. Food processing

 

residuals, precipitated calcium carbonate from sugar beet

 

processing, wood ashes resulting solely from a source that burns

 

only wood that is untreated and inert, lime from kraft pulping

 

processes generated prior to bleaching, or aquatic plants may be

 

applied on, or composted and applied on, farmland or forestland for

 

an agricultural or silvicultural purpose, or used as animal feed,

 

as appropriate, and such an application or use does not require a

 

plan described in this subdivision or a permit or license under

 

this part. In addition, source separated materials approved by the

 

department for land application for agricultural and silvicultural

 

purposes and compost produced from those materials may be applied

 

to the land for agricultural and silvicultural purposes and such an

 

application does not require a plan described in this subdivision

 

or permit or license under this part. Land application authorized

 

under this subdivision for an agricultural or silvicultural

 

purpose, or use as animal feed as provided for in this subdivision

 

shall be performed in a manner that prevents losses from runoff and

 

leaching. Land application under this subdivision shall be at an

 

agronomic rate consistent with generally accepted agricultural and

 


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

 

93, MCL 286.471 to 286.474.

 

     (h) Materials approved for emergency disposal by the

 

department.

 

     (i) Source separated materials.

 

     (j) Site separated material.

 

     (k) Fly ash or any other ash produced from the combustion of

 

coal, when used in under any of the following

 

instances:circumstances:

 

     (i) With a maximum of 6% of unburned carbon, if used as As a

 

component of concrete, grout, mortar, or casting molds, if the fly

 

ash has not more than 6% unburned carbon.

 

     (ii) With a maximum of 12% unburned carbon passing M.D.O.T.

 

test method MTM 101, if used as As a raw material in asphalt for

 

road construction, if the fly ash has not 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'S).

 

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

 

use will be stabilized or bonded by cement, limes, or asphalt.

 

     (iv) As a road base or construction fill that is covered with

 

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

 

that is placed at least 4 feet above the seasonal groundwater

 

table.

 

     (v) As the sole material in a depository designed to reclaim,

 

develop, or otherwise enhance land, subject to the approval of the

 


department. In evaluating the site, the department shall consider

 

the physical and chemical properties of the ash, including, but not

 

limited to, leachability, and the engineering of the depository,

 

including, but not limited to, the compaction, control of surface

 

water and groundwater that may threaten to infiltrate the site, and

 

evidence that the depository is designed to prevent water

 

percolation through the material.

 

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

 

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

 

amendment under part 85. Any testing required to become registered

 

under part 85 is the responsibility of the generator.

 

     (m) (l) Other wastes regulated by statute.

 

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

 

solid waste transporting unit.

 

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

 

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

 

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

 

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

 

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

 

plant engaged primarily in the acquisition, processing, and

 

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

 

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

 

slag products.

 

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

 

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

 

used for the transportation of solid waste.

 

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

 


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

 

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

 

in the rehandling or storage of solid waste incidental to the

 

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

 

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

 

     (6) "Source separated material" means glass, metal, wood,

 

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

 

material approved by the department that is separated at the source

 

of generation for the purpose of conversion into raw materials or

 

new products including, but not limited to, compost.

 

     (7) "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.

 

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

 

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

 

than 4 feet in length and 2 inches in diameter, that can be

 

converted to compost humus. Yard clippings do not include stumps,

 

agricultural wastes, animal waste, roots, sewage sludge, or

 

garbage.

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