Bill Text: MI HB5400 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Environmental protection; solid waste; low-hazard industrial waste, beneficial use by-products, and inert material; reduce regulation of. Amends secs. 8504, 8505, 8513, 11502, 11503, 11504, 11505, 11506, 11542, 20101, 20114e & 20115 of 1994 PA 451 (MCL 324.8504 et seq.) & adds secs. 3112e, 11551, 11551a, 11552, 11553 & 11554. TIE BAR WITH: HB 5401'14
Spectrum: Slight Partisan Bill (Republican 18-8)
Status: (Passed) 2014-07-16 - Assigned Pa 178'14 With Immediate Effect [HB5400 Detail]
Download: Michigan-2013-HB5400-Engrossed.html
HB-5400, As Passed Senate, June 4, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5400
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8504, 8505, 8513, 11502, 11503, 11504,
11505, 11506, 11542, 20101, 20114e, and 20115 (MCL 324.8504,
324.8505, 324.8513, 324.11502, 324.11503, 324.11504, 324.11505,
324.11506, 324.11542, 324.20101, 324.20114e, and 324.20115),
sections 8504 and 11542 as amended by 2004 PA 325, section 8505
as amended by 2006 PA 503, section 8513 as added by 1995 PA 60,
section 11502 as amended by 2007 PA 212, sections 11503, 11505,
and 11506 as amended by 2014 PA 24, section 11504 as amended by
2013 PA 250, section 20101 as amended by 2013 PA 141, section
20114e as amended by 2012 PA 446, and section 20115 as amended by
1995 PA 117, and by adding sections 3112e, 11551, 11551a, 11552,
11553, and 11554.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3112e. (1) Notwithstanding sections 3112 and 3113, a
2 permit is not required under this part for any of the following:
3 (a) The use of a beneficial use by-product for beneficial
4 use 3 in compliance with part 115.
5 (b) The storage of a beneficial use by-product in compliance
6 with part 115.
7 (2) As used in subsection (1), "beneficial use by-product"
8 and "beneficial use 3" mean those terms as defined in section
9 11502.
10 Sec. 8504. (1) A person shall not manufacture or distribute
11 fertilizer in this state, except specialty fertilizer and soil
12 conditioners, until the appropriate groundwater protection fee
13 provided in section 8715 has been submitted, and except as
14 authorized by a license to manufacture or distribute issued by
15 the department pursuant to part 13. An application for a license
16 shall be accompanied by a payment of a fee of $100.00 for each
of
17 the following:
18 (a) Each fixed location at which fertilizer is manufactured
19 in this state.
20 (b) Each mobile unit used to manufacture fertilizer in this
21 state.
22 (c) Each location out of the this state
that applies
23 labeling showing an out-of-state origin of fertilizer distributed
24 in this state to nonlicensees.
25 (2) An application for a license to manufacture or
26 distribute fertilizer shall include all of the following:
1 (a) The name and address of the applicant.
2 (b) The name and address of each bulk distribution point in
3 the state not licensed for fertilizer manufacture or
4 distribution. The name and address shown on the license shall be
5 shown on all labels, pertinent invoices, and bulk storage for
6 fertilizers distributed by the licensee in this state.
7 (3) If the fertilizer is a beneficial use by-product
8 intended for beneficial use 3 under part 115, the application
9 shall also include the information identified in section
10 11551(7).
11 (4) (3) The
licensee shall inform the director in writing of
12 additional distribution points established during the period of
13 the license.
14 (5) (4) A
distributor is not required to obtain a license if
15 the distributor is selling fertilizer of a distributor or a
16 manufacturer licensed under this part.
17 (6) (5) All
licenses to manufacture or distribute fertilizer
18 expire on December 31 of each year.
19 Sec. 8505. (1) A person shall not distribute a specialty
20 fertilizer or soil conditioner unless it is registered with the
21 department. An application for registration listing each brand
22 and product name of each grade of specialty fertilizer or soil
23 conditioner shall be made on a form furnished by the director.
24 and An application shall be accompanied with the fees described
25 in subsection (2) (4)
for each brand and product name of each
26 grade. Labels for each brand and product name of each grade shall
27 accompany the application.
1 (2) If the specialty fertilizer or soil conditioner is a
2 beneficial use by-product intended for beneficial use 3 under
3 part 115, the application shall also include the information
4 identified in section 11551(7).
5 (3) Upon approval of an application by the director, a copy
6 of the registration approval shall be furnished to the applicant.
7 All registrations expire on December 31 of each year.
8 (4) (2) A
person applying for a registration under
9 subsection (1) shall pay the following annual fees for each brand
10 and product name of each grade:
11 (a) Registration fee of $25.00.
12 (b) Appropriate groundwater and freshwater protection fees
13 fee provided for in section 8715.
14 (5) (3) A
distributor is not required to register a brand of
15 fertilizer that is registered under this part by another person,
16 if the label does not differ in any respect.
17 (6) (4) A
manufacturer or distributor of custom blend
18 specialty fertilizers for home lawns, golf courses, recreational
19 areas, or other nonfarm areas shall is not
be required to
20 register each grade distributed but shall license their firm on
21 an application furnished by the director for an annual fee of
22 $100.00 and shall label the fertilizer as provided in section
23 8502. The label of each fertilizer distributed under this
24 subsection shall be maintained by the manufacturer or distributor
25 for 1 year for inspection by the director.
26 (7) (5) A
manufacturer or distributor of soil conditioners
27 blended according to specifications provided to a blender or
1 blended as specifically requested by the consumer prior to
2 blending shall either register each brand or blend distributed or
3 license its firm on an application furnished by the director for
4 an annual fee of $100.00 and shall label the soil conditioner as
5 provided in section 8502. The label of each soil conditioner
6 distributed under this subsection shall be maintained by the
7 manufacturer or distributor for 1 year for inspection by the
8 director.
9 Sec. 8513. (1) The department may promulgate rules regarding
10 the bulk storage of fertilizers.
11 (2) If storage of a material used as a beneficial use by-
12 product for beneficial use 3 under part 115 meets the storage
13 requirements of that part, then the storage is exempt from
14 regulation no. 641, commercial fertilizer bulk storage, R
15 285.641.1 to R 285.641.18 of the Michigan administrative code.
16 Sec. 11502. (1) "Applicant" includes any person."Agronomic
17 rate" means a rate that meets both of the following requirements:
18 (a) Is generally recognized by the agricultural community or
19 is calculated for a particular area of land to improve the
20 physical nature of soil, such as structure, tilth, water
21 retention, pH, or porosity, or to provide macronutrients or
22 micronutrients in an amount not materially in excess of that
23 needed by the crop, forest, or vegetation grown on the land.
24 (b) Takes into account and minimizes runoff of beneficial
25 use by-products to surface water or neighboring properties, the
26 percolation of excess nutrients beyond the root zone, and the
27 liberation of metals from the soil into groundwater.
1 (2) "Ashes" means the residue from the burning of wood,
2 coal, coke, refuse, scrap
wood, tires, biomass, wastewater
3 sludge, fossil fuels including coal or coke, or other combustible
4 materials.
5 (3) "Beneficial use 1" means use as aggregate, road
6 material, or building material that in ultimate use is or will be
7 bonded or encapsulated by cement, limes, or asphalt.
8 (4) "Beneficial use 2" means use as any of the following:
9 (a) Construction fill at nonresidential property that meets
10 all of the following requirements:
11 (i) Is placed at least 4 feet above the seasonal groundwater
12 table.
13 (ii) Does not come into contact with a surface water body.
14 (iii) Is covered by concrete, asphalt pavement, or other
15 material approved by the department.
16 (iv) Does not exceed 4 feet in thickness, except for areas
17 where exceedances are incidental to variations in the existing
18 topography. This subparagraph does not apply to construction fill
19 placed underneath a building or other structure.
20 (b) Road base or soil stabilizer that does not exceed 4 feet
21 in thickness except for areas where exceedances are incidental to
22 variations in existing topography, is placed at least 4 feet
23 above the seasonal groundwater table, does not come into contact
24 with a surface water body, and is covered by concrete, asphalt
25 pavement, or other material approved by the department.
26 (c) Road shoulder material that does not exceed 4 feet in
27 thickness except for areas where exceedances are incidental to
1 variations in existing topography, is placed at least 4 feet
2 above the seasonal groundwater table, does not come into contact
3 with a surface water body, is sloped, and is covered by asphalt
4 pavement, concrete, 6 inches of gravel, or other material
5 approved by the department.
6 (5) "Beneficial use 3" means applied to land as a fertilizer
7 or soil conditioner under part 85 or a liming material under 1955
8 PA 162, MCL 290.531 to 290.538, if all of the following
9 requirements are met:
10 (a) The material is applied at an agronomic rate consistent
11 with generally accepted agricultural and management practices.
12 (b) The use, placement, or storage at the location of use
13 does not do any of the following:
14 (i) Violate part 55 or create a nuisance.
15 (ii) Cause groundwater to no longer be fit for 1 or more
16 protected uses as defined in R 323.2202 of the Michigan
17 administrative code.
18 (iii) Cause a violation of a part 31 surface water quality
19 standard.
20 (6) "Beneficial use 4" means any of the following uses:
21 (a) To stabilize, neutralize, solidify, or otherwise treat
22 waste for ultimate disposal at a facility licensed under this
23 part or part 111.
24 (b) To treat wastewater, wastewater treatment sludge, or
25 wastewater sludge in compliance with part 31 or the federal water
26 pollution control act, 33 USC 1251 to 1387 at a private or
27 publicly owned wastewater treatment plant.
1 (c) To stabilize, neutralize, solidify, cap, or otherwise
2 remediate hazardous substances or contaminants as part of a
3 response activity in compliance with part 201, part 213, or the
4 comprehensive environmental response, compensation and liability
5 act of 1980, 42 USC 9601 to 9657, or a corrective action in
6 compliance with part 111 or the solid waste disposal act, 42 USC
7 6901 to 6992k.
8 (d) As construction material at a landfill licensed under
9 this part.
10 (7) "Beneficial use 5" means blended with inert materials or
11 with compost and used to manufacture soil.
12 (8) "Beneficial use by-product" means the following
13 materials if the materials are stored for beneficial use or are
14 used beneficially as specified and the requirements of section
15 11551(1) are met:
16 (a) Coal bottom ash or wood ash used for beneficial use 3 or
17 wood ash or coal ash, except for segregated flue gas
18 desulfurization material, used for beneficial use 1, 2, or 4.
19 (b) Pulp and paper mill ash used for beneficial use 1, 2, 3,
20 or 4.
21 (c) Mixed wood ash used for beneficial use 1, 2, 3, or 4.
22 (d) Cement kiln dust used as a flue gas scrubbing reagent or
23 for beneficial use 1, 2, 3, or 4.
24 (e) Lime kiln dust used as a flue gas scrubbing reagent or
25 for beneficial use 1, 2, 3, or 4.
26 (f) Stamp sands used for beneficial use 1 or 2.
27 (g) Foundry sand from ferrous or aluminum foundries used for
1 beneficial use 1, 2, 3, 4, or 5.
2 (h) Pulp and paper mill material, other than the following,
3 used for beneficial use 3:
4 (i) Rejects, from screens, cleaners, and mills dispersion
5 equipment, containing more than de minimis amounts of plastic.
6 (ii) Scrap paper.
7 (i) Spent media from sandblasting, with uncontaminated sand,
8 newly manufactured, unpainted steel used for beneficial use 1 or
9 2.
10 (j) Dewatered concrete grinding slurry from public
11 transportation agency road projects used for beneficial use 1, 2,
12 3, or 4.
13 (k) Lime softening residuals from the treatment and
14 conditioning of water for domestic use or from a community water
15 supply used for beneficial use 3 or 4.
16 (l) Soil washed or otherwise removed from sugar beets that is
17 used for beneficial use 3.
18 (m) Segregated flue gas desulfurization material used for
19 beneficial use 1 or 3.
20 (n) Materials and uses approved by the department under
21 section 11553(3) or (4). Approval of materials and uses by the
22 department under section 11553(3) or (4) does not require the use
23 of those materials by any governmental entity or any other
24 person.
25 (9) (3) "Beverage
container" means an airtight metal, glass,
26 paper, or plastic container, or a container composed of a
27 combination of these materials, which, at the time of sale,
1 contains 1 gallon or less of any of the following:
2 (a) A soft drink, soda water, carbonated natural or mineral
3 water, or other nonalcoholic carbonated drink.
4 (b) A beer, ale, or other malt drink of whatever alcoholic
5 content.
6 (c) A mixed wine drink or a mixed spirit drink.
7 (10) (4) "Bond"
means a financial instrument executed on a
8 form approved by the department, including a surety bond from a
9 surety company authorized to transact business in this state, a
10 certificate of deposit, a cash bond, an irrevocable letter of
11 credit, insurance, a trust fund, an escrow account, or a
12 combination of any of these instruments in favor of the
13 department. The owner or operator of a disposal area who is
14 required to establish a bond under other another state
statute or
15 a federal statute may petition the department to allow such a
16 bond to meet the requirements of this part. The department shall
17 approve a bond established under other another state
statute or a
18 federal statute if the bond provides equivalent funds and access
19 by the department as other financial instruments allowed by this
20 subsection.
21 (11) "Cement kiln dust" means particulate matter collected
22 in air emission control devices serving Portland cement kilns.
23 (12) (5) "Certificate
of deposit" means a negotiable
24 certificate of deposit held by a bank or other financial
25 institution regulated and examined by a state or federal agency,
26 the value of which is fully insured by an agency of the United
27 States government. A certificate of deposit used to fulfill the
1 requirements of this part shall be in the sole name of the
2 department with a maturity date of not less than 1 year and shall
3 be renewed not less than 60 days before the maturity date. An
4 applicant who uses a certificate of deposit as a bond shall
5 receive any accrued interest on that certificate of deposit upon
6 release of the bond by the department.
7 (13) (6) "Certified
health department" means a city, county,
8 or district department of health that is specifically delegated
9 authority by the department to perform designated activities as
10 prescribed by this part.
11 (14) (7) "Coal
or wood ash" means either or both of the
12 following:the
material recovered from systems for the control of
13 air pollution from, or the noncombusted residue remaining after,
14 the combustion of coal, including, but not limited to, bottom
15 ash, fly ash, boiler slag, or fluidized-bed combustion ash. For
16 beneficial use 2, coal ash does not include coal fly ash except
17 for the following if used at nonresidential property:
18 (a) Class C fly ash under ASTM standard C618-12A.
19 (b) Class F fly ash under ASTM standard C618-12A if that fly
20 ash forms a pozzolanic-stabilized mixture by being blended with
21 lime, Portland cement, or cement kiln dust.
22 (c) A combination of class C fly ash and class F fly ash
23 under ASTM standard C618-12A if that combination forms a
24 pozzolanic-stabilized mixture by being blended with lime,
25 Portland cement, or cement kiln dust and is used as a road base,
26 soil stabilizer, or road shoulder material under subsection
27 (4)(b) or (c).
1 (a) The residue remaining after the ignition of coal or
2 wood, or both, and may include noncombustible materials,
3 otherwise referred to as bottom ash.
4 (b) The airborne residues from burning coal or wood, or
5 both, that are finely divided particles entrained in flue gases
6 arising from a combustion chamber, otherwise referred to as fly
7 ash.
8 (15) "Coal bottom ash" means ash particles from the
9 combustion of coal that are too large to be carried in flue gases
10 and that collect on furnace walls or at the bottom of the
11 furnace.
12 (16) (8) "Collection
center" means a tract of land,
13 building, unit, or appurtenance or combination thereof that is
14 used to collect junk motor vehicles and farm implements under
15 section 11530.
16 (17) (9) "Composting
facility" means a facility where
17 composting of yard clippings or other organic materials occurs
18 using mechanical handling techniques such as physical turning,
19 windrowing, or aeration or using other management techniques
20 approved by the director.
21 (18) (10) "Consistency
review" means evaluation of the
22 administrative and technical components of an application for a
23 permit or license or evaluation of operating conditions in the
24 course of inspection, for the purpose of determining consistency
25 with the requirements of this part, rules promulgated under this
26 part, and approved plans and specifications.
27 (19) (11) "Corrective
action" means the investigation,
1 assessment, cleanup, removal, containment, isolation, treatment,
2 or monitoring of constituents, as defined in a facility's
3 approved hydrogeological monitoring plan, released into the
4 environment from a disposal area, or the taking of other actions
5 related to the release as may be necessary to prevent, minimize,
6 or mitigate injury to the public health, safety, or welfare, the
7 environment, or natural resources that is consistent with 42 USC
8 6941 to 6949a and regulations promulgated thereunder.
9 Sec. 11503. (1) "De minimis" refers to a small amount of
10 material or number of items, as applicable, commingled and
11 incidentally commingled with inert material for beneficial use
12 by-products, or incidentally disposed of with other solid waste.
13 (2) "Department", subject to section 11554, means the
14 department of environmental quality.
15 (3) "Director" means the director of the department.
16 (4) "Discharge" includes, but is not limited to, any
17 spilling, leaking, pumping, pouring, emitting, emptying,
18 discharging, injecting, escaping, leaching, dumping, or disposing
19 of a substance into the environment which that is
or may become
20 injurious to the public health, safety, or welfare, or to the
21 environment.
22 (5) "Disposal area" means 1 or more of the following at a
23 location as defined by the boundary identified in its
24 construction permit or engineering plans approved by the
25 department:
26 (a) A solid waste transfer facility.
27 (b) Incinerator.An
incinerator.
1 (c) Sanitary A
sanitary landfill.
2 (d) Processing A
processing plant.
3 (e) Other Any
other solid waste handling or disposal
4 facility utilized in the disposal of solid waste. However, a
5 waste diversion center is not a disposal area.
6 (6) "Diverted waste" means waste that meets all of the
7 following requirements:
8 (a) Is generated by households, businesses, or governmental
9 entities.
10 (b) Can lawfully be disposed of at a licensed sanitary
11 landfill or municipal solid waste incinerator.
12 (c) Is separated from other waste.
13 (d) Is 1 or more of the following:
14 (i) Hazardous material.
15 (ii) Liquid waste.
16 (iii) Pharmaceuticals.
17 (iv) Electronics.
18 (v) Batteries.
19 (vi) Light bulbs.
20 (vii) Pesticides.
21 (viii) Thermostats, switches, thermometers, or other devices
22 that contain elemental mercury.
23 (ix) Sharps.
24 (x) Other wastes approved by the department that can be
25 readily separated from solid waste for diversion to preferred
26 methods of management and disposal.
27 (7) "Enforceable mechanism" means a legal method
whereby the
1 this state, a county, a municipality, or another person is
2 authorized to take action to guarantee compliance with an
3 approved county solid waste management plan. Enforceable
4 mechanisms include contracts, intergovernmental agreements, laws,
5 ordinances, rules, and regulations.
6 (8) "Escrow account" means an account that is managed by a
7 bank or other financial institution whose account operations are
8 regulated and examined by a federal or state agency and which
9 that complies with section 11523b.
10 (9) "Farm" means that term as defined in section 2 of the
11 Michigan right to farm act, 1981 PA 93, MCL 286.472.
12 (10) "Farm operation" means that term as defined in section
13 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
14 (11) "Financial assurance" means the mechanisms used to
15 demonstrate that the funds necessary to meet the cost of closure,
16 postclosure maintenance and monitoring, and corrective action
17 will be available whenever they are needed.
18 (12) "Financial test" means a corporate or local government
19 financial test or guarantee approved for type II landfills under
20 42 USC 6941 to 6949a and regulations promulgated under 42 USC
21 6941 to 6949a. thereunder.
An owner or operator may use a single
22 financial test for more than 1 facility. Information submitted to
23 the department to document compliance with the test shall include
24 a list showing the name and address of each facility and the
25 amount of funds assured by the test for each facility. For
26 purposes of the financial test, the owner or operator shall
27 aggregate the sum of the closure, postclosure, and corrective
1 action costs it seeks to assure with any other environmental
2 obligations assured by a financial test under state or federal
3 law.
4 (13) "Flue gas desulfurization material" means the material
5 recovered from air pollution control systems that capture sulfur
6 dioxide from the combustion of wood, coal, or fossil fuels, or
7 other combustible materials, if the other combustible materials
8 constitute less than 50% by weight of the total material
9 combusted and the department determines in writing that the other
10 combustible materials do not materially affect the character of
11 the residue. Flue gas desulfurization material includes synthetic
12 gypsum.
13 (14) (13) "Food
processing residuals" means any of the
14 following:
15 (a) Residuals of fruits, vegetables, aquatic plants, or
16 field crops.
17 (b) Otherwise unusable parts of fruits, vegetables, aquatic
18 plants, or field crops from the processing thereof.
19 (c) Otherwise unusable food products which that do
not meet
20 size, quality, or other product specifications and which that
21 were intended for human or animal consumption.
22 (15) "Foundry sand" means silica sand used in the metal
23 casting process, including binding material or carbonaceous
24 additives, from ferrous or nonferrous foundries.
25 (16) "GAAMPS" means the generally accepted agricultural and
26 management practices under the Michigan right to farm act, 1981
27 PA 93, MCL 286.471 to 286.474.
1 (17) (14) "Garbage"
means rejected food wastes including
2 waste accumulation of animal, fruit, or vegetable matter used or
3 intended for food or that results from the preparation, use,
4 cooking, dealing in, or storing of meat, fish, fowl, fruit, or
5 vegetable matter.
6 (15) "Scrap wood" means wood or wood product that is 1
or
7 more of the following:
8 (a) Plywood, pressed board, oriented strand board, or any
9 other wood or wood product mixed with glue or filler.
10 (b) Wood or wood product treated with creosote or
11 pentachlorophenol.
12 (c) Any other wood or wood product designated as scrap wood
13 in rules promulgated by the department.
14 (16) "Treated wood" means wood or wood product that has
been
15 treated with 1 or more of the following:
16 (a) Chromated copper arsenate (CCA).
17 (b) Ammoniacal copper quat (ACQ).
18 (c) Ammoniacal copper zinc arsenate (ACZA).
19 (d) Any other chemical designated in rules promulgated by
20 the department.
21 (17) "Wood" means trees, branches, bark, lumber, pallets,
22 wood chips, sawdust, or other wood or wood product but does not
23 include scrap wood, treated wood, painted wood or painted wood
24 product, or any wood or wood product that has been contaminated
25 during manufacture or use.
26 Sec. 11504. (1) "Health officer" means a full-time
27 administrative officer of a certified city, county, or district
1 department of health department.
2 (2) "Inert material" means a substance that will not
3 decompose, dissolve, or in any other way form a contaminated
4 leachate upon contact with water, or other liquids determined by
5 the department as likely to be found at the disposal area,
6 percolating through the substance.any of the following:
7 (a) Rock.
8 (b) Trees, stumps, and other similar land-clearing debris,
9 if all of the following conditions are met:
10 (i) The debris is buried on the site of origin or another
11 site, with the approval of the owner of the site.
12 (ii) The debris is not buried in a wetland or floodplain.
13 (iii) The debris is placed at least 3 feet above the
14 groundwater table as observed at the time of placement.
15 (iv) The placement of the debris does not violate federal,
16 state, or local law or create a nuisance.
17 (c) Uncontaminated excavated soil or dredged sediment.
18 Excavated soil or dredged sediment is considered uncontaminated
19 if it does not contain more than de minimis amounts of solid
20 waste and 1 of the following applies:
21 (i) The soil or sediment is not contaminated by a hazardous
22 substance as a result of human activity. Soil or sediment that
23 naturally contains elevated levels of hazardous substances above
24 unrestricted residential or any other part 201 generic soil
25 cleanup criteria is not considered contaminated for purposes of
26 this subdivision. A soil or sediment analysis is not required
27 under this subparagraph if, based on past land use, there is no
1 reason to believe that the soil or sediment is contaminated.
2 (ii) For any hazardous substance that could reasonably be
3 expected to be present as a result of past land use and human
4 activity, the soil or sediment does not exceed the background
5 concentration, as that term is defined in part 201.
6 (iii) For any hazardous substance that could reasonably be
7 expected to be present as a result of past land use and human
8 activity, the soil or sediment falls below part 201 generic
9 residential soil direct contact cleanup criteria and hazardous
10 substances in leachate from the soil or sediment, using, at the
11 option of the generator, EPA method 1311, 1312, or any other
12 leaching protocol approved by the department, fall below part 201
13 generic residential health based groundwater drinking water
14 values or criteria, and the soil or sediment would not cause a
15 violation of any surface water quality standard established under
16 part 31 at the area of placement, disposal, or use.
17 (d) Excavated soil from a site of environmental
18 contamination, corrective action, or response activity if the
19 soil is not a listed hazardous waste under part 111 and if
20 hazardous substances in the soil do not exceed generic soil
21 cleanup criteria for unrestricted residential use as defined in
22 part 201 or background concentration as defined in part 201, as
23 applicable.
24 (e) Construction brick, masonry, pavement, or broken
25 concrete that is reused for fill, rip rap, slope stabilization,
26 or other construction, if all of the following conditions are
27 met:
1 (i) The use of the material does not violate section 3108,
2 part 301, or part 303.
3 (ii) The material is not materially contaminated. Typical
4 surface oil staining on pavement and concrete from driveways,
5 roadways, and parking lots is not material contamination.
6 Material covered in whole or in part with lead-based paint is
7 materially contaminated.
8 (iii) The material does not include exposed reinforcing bars.
9 (f) Portland cement clinker produced by a cement kiln using
10 wood, fossil fuels, or solid waste as a fuel or feedstock, but
11 not including cement kiln dust generated in the process.
12 (g) Asphalt pavement or concrete pavement that meets all of
13 the following requirements:
14 (i) Has been removed from a public right-of-way.
15 (ii) Has been stockpiled or crushed for reuse as aggregate
16 material.
17 (iii) Does not include exposed reinforcement bars.
18 (h) Cuttings, drilling materials, and fluids used to drill
19 or complete a well installed pursuant to part 127 of the public
20 health code, 1978 PA 368, MCL 333.12701 to 333.12771, if the
21 location of the well is not a facility under part 201.
22 (i) Any material determined by the department under section
23 11553(5) or (6) to be an inert material, either for general use
24 or for a particular use.
25 (3) "Insurance" means insurance that conforms to the
26 requirements of 40 CFR 258.74(d) provided by an insurer who has a
27 certificate of authority from the director of insurance and
1 financial services to sell this line of coverage. An applicant
2 for an operating license shall submit evidence of the required
3 coverage by submitting both of the following to the department:
4 (a) A certificate of insurance that uses wording approved by
5 the department.
6 (b) A certified true and complete copy of the insurance
7 policy.
8 (4) "Landfill" means a disposal area that is a sanitary
9 landfill.
10 (5) "Letter of credit" means an irrevocable letter of credit
11 that complies with 40 CFR 258.74(c).
12 (6) "Lime kiln dust" means particulate matter collected in
13 air emission control devices serving lime kilns.
14 (7) "Low-hazard industrial waste" means industrial material
15 that has a low potential for groundwater contamination when
16 managed in accordance with this part. The following materials are
17 low-hazard industrial wastes:
18 (a) Coal ash or wood ash.
19 (b) Cement kiln dust.
20 (c) Pulp and paper mill material.
21 (d) Scrap wood.
22 (e) Sludge from the treatment and conditioning of water for
23 domestic use.
24 (f) Residue from the thermal treatment of petroleum
25 contaminated soil, media, or debris.
26 (g) Sludge from the treatment and conditioning of water from
27 a community water supply.
1 (h) Foundry sand.
2 (i) Mixed wood ash, scrap wood ash, pulp and paper mill ash.
3 (j) Street cleanings.
4 (k) Asphalt shingles.
5 (l) New construction or production scrap drywall.
6 (m) Chipped or shredded tires.
7 (n) Copper slag.
8 (o) Copper stamp sands.
9 (p) Dredge material from nonremedial activities.
10 (q) Flue gas desulfurization material.
11 (r) Dewatered grinding slurry generated from public
12 transportation agency road projects.
13 (s) Any material determined by the department under section
14 11553(7) to be a low-hazard industrial waste.
15 (8) (6) "Medical
waste" means that term as it is defined in
16 section 13805 of the public health code, 1978 PA 368, MCL
17 333.13805.
18 (9) "Mixed wood ash" means the material recovered from air
19 pollution control systems for, or the noncombusted residue
20 remaining after, the combustion of any combination of wood, scrap
21 wood, railroad ties, or tires, if railroad ties composed less
22 than 35% by weight of the total combusted material and tires
23 composed less than 10% by weight of the total combusted material.
24 (10) (7) "Municipal
solid waste incinerator" means an
25 incinerator that is owned or operated by any person, and meets
26 all of the following requirements:
27 (a) The incinerator receives solid waste from off site and
1 burns only household waste from single and multiple dwellings,
2 hotels, motels, and other residential sources, or this household
3 waste together with solid waste from commercial, institutional,
4 municipal, county, or industrial sources that, if disposed of,
5 would not be required to be placed in a disposal facility
6 licensed under part 111.
7 (b) The incinerator has established contractual requirements
8 or other notification or inspection procedures sufficient to
9 ensure that the incinerator receives and burns only waste
10 referred to in subdivision (a).
11 (c) The incinerator meets the requirements of this part and
12 the rules promulgated under this part.
13 (d) The incinerator is not an industrial furnace as defined
14 in 40 CFR 260.10.
15 (e) The incinerator is not an incinerator that receives and
16 burns only medical waste or only waste produced at 1 or more
17 hospitals.
18 (11) (8) "Municipal
solid waste incinerator ash" means the
19 substances remaining after combustion in a municipal solid waste
20 incinerator.
21 (12) "Nonresidential property" means property not used or
22 intended to be used for any of the following:
23 (a) A child day care center.
24 (b) An elementary school.
25 (c) An elder care and assisted living center.
26 (d) A nursing home.
27 (e) A single-family or multifamily dwelling unless the
1 dwelling is part of a mixed use development and all dwelling
2 units and associated outdoor residential use areas are located
3 above the ground floor.
4 (13) (9) "Perpetual
care fund" means a trust or escrow
5 account or perpetual care fund bond provided for in section
6 11525.
7 (14) (10) "Perpetual
care fund bond" means a surety bond, an
8 irrevocable letter of credit, or a combination of these
9 instruments in favor of and on a form approved by the department
10 by which a perpetual care fund is established.
11 (11) "Trust fund" means a trust fund held by a trustee
which
12 has the authority to act as a trustee and whose trust operations
13 are regulated and examined by a federal or state agency. A trust
14 fund shall comply with section 11523b.
15 (15) "Pulp and paper mill ash" means the material recovered
16 from air pollution control systems for, or the noncombusted
17 residue remaining after, the combustion of any combination of
18 coal, wood, pulp and paper mill material, wood or biomass fuel
19 pellets, scrap wood, railroad ties, or tires, from a boiler,
20 power plant, or furnace at a pulp and paper mill, if railroad
21 ties composed less than 35% by weight of the total combusted
22 material and tires composed less than 10% by weight of the total
23 combusted material.
24 (16) "Pulp and paper mill material" means all of the
25 following materials if generated at a facility that produces pulp
26 or paper:
27 (a) Wastewater treatment sludge, including wood fibers,
1 minerals, and microbial biomass.
2 (b) Rejects from screens, cleaners, and mills.
3 (c) Bark, wood fiber, and chips.
4 (d) Scrap paper.
5 (e) Causticizing residues, including lime mud and grit and
6 green liquor dregs.
7 (f) Any material that the department determines has
8 characteristics that are similar to any of the materials listed
9 in subdivisions (a) to (e).
10 Sec. 11505. (1) "Recyclable materials" means source
11 separated materials, site separated materials, high grade paper,
12 glass, metal, plastic, aluminum, newspaper, corrugated paper,
13 yard clippings, and other materials that may be recycled or
14 composted.
15 (2) "Regional solid waste management planning agency" means
16 the regional solid waste planning agency designated by the
17 governor pursuant to 42 USC 6946.
18 (3) "Resource recovery facility" means machinery, equipment,
19 structures, or any parts or accessories of machinery, equipment,
20 or structures, installed or acquired for the primary purpose of
21 recovering materials or energy from the waste stream.
22 (4) "Response activity" means an activity that is necessary
23 to protect the public health, safety, welfare, or the
24 environment, and includes, but is not limited to, evaluation,
25 cleanup, removal, containment, isolation, treatment, monitoring,
26 maintenance, replacement of water supplies, and temporary
27 relocation of people.
1 (5) "Rubbish" means nonputrescible solid waste, excluding
2 ashes, consisting of both combustible and noncombustible waste,
3 including paper, cardboard, metal containers, yard clippings,
4 wood, glass, bedding, crockery, demolished building materials, or
5 litter of any kind that may be a detriment to the public health
6 and safety.
7 (6) "Salvaging" means the lawful and controlled removal of
8 reusable materials from solid waste.
9 (7) "Sharps" means that term as defined in section 13807 of
10 the public health code, 1978 PA 368, MCL 333.13807.
11 (8) "Scrap wood" means wood or wood product that is 1 or
12 more of the following:
13 (a) Plywood, particle board, pressed board, oriented strand
14 board, fiberboard, resonated wood, or any other wood or wood
15 product mixed with glue, resins, or filler.
16 (b) Wood or wood product treated with creosote or
17 pentachlorophenol.
18 (c) Any wood or wood product designated as scrap wood in
19 rules promulgated by the department.
20 (9) (8) "Site
separated material" means glass, metal, wood,
21 paper products, plastics, rubber, textiles, garbage, or any other
22 material approved by the department that is separated from solid
23 waste for the purpose of recycling or conversion into raw
24 materials or new products. Site separated material does not
25 include the residue remaining after glass, metal, wood, paper
26 products, plastics, rubber, textiles, or any other material
27 approved by the department is separated from solid waste.
1 (10) (9) "Slag"
means the nonmetallic product resulting from
2 melting or smelting operations for iron or steel.
3 Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,
4 incinerator ash, incinerator residue, street cleanings, municipal
5 and industrial sludges, solid commercial and waste, solid
6 industrial waste, and animal waste. However, solid waste does not
7 include the following:
8 (a) Human body waste.
9 (b) Medical waste.
10 (c) Organic waste generated in the production of livestock
11 and poultry.
12 (d) Liquid waste.
13 (e) Ferrous or nonferrous scrap directed to a scrap metal
14 processor or to a reuser of ferrous or nonferrous products.
15 (f) Slag or slag products directed to a slag processor or to
16 a reuser of slag or slag products.
17 (g) Sludges and ashes managed as recycled or nondetrimental
18 materials appropriate for agricultural or silvicultural use
19 pursuant to a plan approved by the department.
20 (h) The following materials that are used as animal feed, or
21 are applied on, or are composted and applied on, farmland or
22 forestland for an agricultural or silvicultural purpose at an
23 agronomic rate consistent with GAAMPS:
24
(i) Food
processing residuals , and
garbage. , precipitated
25 (ii) Precipitated calcium carbonate from sugar beet
26 processing. , wood
27 (iii) Wood ashes resulting solely from a source that burns
1 only wood that is untreated and inert. , lime
2 (iv) Lime from kraft pulping processes generated prior to
3 bleaching. , or aquatic
4
(v) Aquatic plants. may be applied on, or composted and
5 applied on, farmland or forestland for an agricultural or
6 silvicultural purpose, or used as animal feed, as appropriate,
7 and such an application or use does not require a plan described
8 in this subdivision or a permit or license under this part. In
9 addition, source separated materials approved by the department
10 for land application for agricultural and silvicultural purposes
11 and compost produced from those materials may be applied to the
12 land for agricultural and silvicultural purposes and that
13 application does not require a plan described in this subdivision
14 or permit or license under this part. Land application authorized
15 under this subdivision for an agricultural or silvicultural
16 purpose, or use as animal feed as provided for in this
17 subdivision shall be performed in a manner that prevents losses
18 from runoff and leaching. Land application under this subdivision
19 shall be at an agronomic rate consistent with generally accepted
20 agricultural and management practices under the Michigan right to
21 farm act, 1981 PA 93, MCL 286.471 to 286.474.
22 (i) (h) Materials
approved for emergency disposal by the
23 department.
24 (j) (i) Source
separated materials.
25 (k) (j) Site
separated material.
26 (l) (k)
Fly ash or any other ash produced from the combustion
27 of coal, Coal ash, when used in under any of the following
1 instances:circumstances:
2 (i) With a
maximum of 6% of unburned carbon, if used as As a
3 component of concrete, grout, mortar, or casting molds, if the
4 coal ash does not have more than 6% unburned carbon.
5 (ii) With a
maximum of 12% unburned carbon passing M.D.O.T.
6 test method MTM 101, if used as As a raw material in asphalt
for
7 road construction, if the coal ash does not have more than 12%
8 unburned carbon and passes Michigan test method for water asphalt
9 preferential test, MTM 101, as set forth in the state
10 transportation department's manual for the Michigan test methods
11 (MTM).
12 (iii) As aggregate, road material, or building material that
13 in ultimate use is or will be stabilized or bonded by cement,
14 limes, or asphalt, or itself act as a bonding agent. To be
15 considered to act as a bonding agent, the coal ash must have at
16 least 10% available lime.
17 (iv) As a road base or construction fill that is placed at
18 least 4 feet above the seasonal groundwater table and covered
19 with asphalt, concrete, or other material approved by the
20 department. and that is placed at least 4 feet above the
seasonal
21 groundwater table.
22 (v) As
the sole material in a depository designed to
23 reclaim, develop, or otherwise enhance land, subject to the
24 approval of the department. In evaluating the site, the
25 department shall consider the physical and chemical properties of
26 the ash, including, but not limited to, leachability, and the
27 engineering of the depository, including, but not limited to, the
1 compaction, control of surface water and groundwater that may
2 threaten to infiltrate the site, and evidence that the depository
3 is designed to prevent water percolation through the material.
4 (m) Inert material.
5 (n) (l) Soil that is washed or otherwise removed from sugar
6 beets, has not more than 35% moisture content, and is registered
7 as a soil conditioner under part 85. Any testing required to
8 become registered under part 85 is the responsibility of the
9 generator.
10 (o) (m) Soil
that is relocated under section 20120c.
11 (p) (n) Diverted
waste that is managed through a waste
12 diversion center.
13 (q) Beneficial use by-products.
14 (r) Coal bottom ash, if substantially free of fly ash or
15 economizer ash, when used as cold weather road abrasive.
16 (s) Stamp sands when used as cold weather road abrasive in
17 the Upper Peninsula by any of the following:
18 (i) A public road agency.
19 (ii) Any other person pursuant to a plan approved by a public
20 road agency.
21 (t) Any material that is reclaimed or reused in the process
22 that generated it.
23 (u) Any secondary material that, as specified in or
24 determined pursuant to 40 CFR part 241, is not a solid waste when
25 combusted.
26 (v) (o) Other
wastes regulated by statute.
27 (2) "Solid waste hauler" means a person who owns or operates
1 a solid waste transporting unit.
2 (3) "Solid waste processing plant" means a tract of land,
3 building, unit, or appurtenance of a building or unit or a
4 combination of land, buildings, and units that is used or
5 intended for use for the processing of solid waste or the
6 separation of material for salvage or disposal, or both, but does
7 not include a plant engaged primarily in the acquisition,
8 processing, and shipment of ferrous or nonferrous metal scrap, or
9 a plant engaged primarily in the acquisition, processing, and
10 shipment of slag or slag products.
11 (4) "Solid waste transporting unit" means a container, which
12 may be an integral part of a truck or other piece of equipment
13 used for the transportation of solid waste.
14 (5) "Solid waste transfer facility" means a tract of land, a
15 building and any appurtenances, or a container, or any
16 combination of land, buildings, or containers that is used or
17 intended for use in the rehandling or storage of solid waste
18 incidental to the transportation of the solid waste, but is not
19 located at the site of generation or the site of disposal of the
20 solid waste.
21 (6) "Source separated material" means glass, any of the
22 following materials if separated at the source of generation and
23 not speculatively accumulated:
24 (a) Glass, metal, wood, paper products, plastics, rubber,
25 textiles, garbage, or any other material approved by the
26 department that is separated at the source of generation for the
27 purpose of used for conversion into raw materials or new
1 products. including, but For the purposes of this subdivision,
2 raw materials or new products include, but are not limited to,
3 compost, biogas from anaerobic digestion, or synthetic gas from
4 gasification or pyrolysis, or other fuel. This subdivision does
5 not prevent material from being classified as a renewable energy
6 resource as defined in section 11 of the clean, renewable, and
7 efficient energy act, 2008 PA 295, MCL 460.1011.
8 (b) Scrap wood and railroad ties used to fuel an industrial
9 boiler, kiln, power plant, or furnace, subject to part 55, for
10 production of new wood products, or for other uses approved by
11 the department.
12 (c) Chipped or whole tires used to fuel an industrial
13 boiler, kiln, power plant, or furnace, subject to part 55, or for
14 other uses approved by the department. This subdivision does not
15 prevent material from being classified as a renewable energy
16 resource as defined in section 11 of the clean, renewable, and
17 efficient energy act, 2008 PA 295, MCL 460.1011.
18 (d) Recovered paint solids used to fuel an industrial
19 boiler, kiln, power plant, or furnace, subject to part 55, or for
20 other uses approved by the department.
21 (e) Gypsum drywall generated from the production of
22 wallboard used for stock returned to the production process or
23 for other uses approved by the department.
24 (f) Flue gas desulfurization gypsum used for production of
25 cement or wallboard or other uses approved by the department.
26 (g) Asphalt shingles that do not contain asbestos, rolled
27 roofing, or tar paper used as a component in asphalt or used to
1 fuel an industrial boiler, kiln, power plant, or furnace, subject
2 to part 55, or for other uses approved by the department.
3 (h) Municipal solid waste incinerator ash that meets
4 criteria specified by the department and that is used as daily
5 cover at a disposal facility licensed pursuant to this part.
6 (i) Utility poles or pole segments reused as poles, posts,
7 or similar uses approved by the department in writing.
8 (j) Railroad ties reused in landscaping, embankments, or
9 similar uses approved by the department in writing.
10 (k) Any materials and uses approved by the department under
11 section 11553(8).
12 (l) Any material determined by the department in writing
13 prior to the effective date of the 2014 amendatory act that added
14 this subdivision to be a source separated material.
15 (7) "Stamp sands" means finely grained crushed rock
16 resulting from mining, milling, or smelting of copper ore and
17 includes native substances contained within the crushed rock and
18 any ancillary material associated with the crushed rock.
19 (8) "Treated wood" means wood or wood product that has been
20 treated with 1 or more of the following:
21 (a) Chromated copper arsenate (CCA).
22 (b) Ammoniacal copper quat (ACQ).
23 (c) Ammoniacal copper zinc arsenate (ACZA).
24 (d) Any other chemical designated in rules promulgated by
25 the department.
26 (9) "Trust fund" means a fund held by a trustee who has the
27 authority to act as a trustee and whose trust operations are
1 regulated and examined by a federal or state agency.
2 (10) (7) "Type
I public water supply", "type IIa public
3 water supply", "type IIb public water supply", and "type III
4 public water supply" mean those terms, respectively, as described
5 in R 325.10502 of the Michigan administrative code.
6 (11) (8) "Waste
diversion center" means property or a
7 building, or a portion of property or a building, designated for
8 the purpose of receiving or collecting diverted wastes and not
9 used for residential purposes.
10 (12) "Wood" means trees, branches and associated leaves,
11 bark, lumber, pallets, wood chips, sawdust, or other wood or wood
12 product but does not include scrap wood, treated wood, painted
13 wood or painted wood product, or any wood or wood product that
14 has been contaminated during manufacture or use.
15 (13) "Wood ash" means any type of ash or slag resulting from
16 the burning of wood.
17
(14) (9) "Yard clippings" means leaves, grass
clippings,
18 vegetable or other garden debris, shrubbery, or brush or tree
19 trimmings, less than 4 feet in length and 2 inches in diameter,
20 that can be converted to compost humus. Yard clippings does do
21 not include stumps, agricultural wastes, animal waste, roots,
22 sewage sludge, or garbage.
23 Sec. 11542. (1) Except as provided in subsection (5) and
24 except for municipal solid waste incinerator ash that is
25 described and used as provided in section 11506(6)(h), municipal
26 solid waste incinerator ash shall be disposed of in 1 of the
27 following:
1 (a) A landfill that meets all of the following requirements:
2 (i) The landfill is in compliance with this part and the
3 rules promulgated under this part.
4 (ii) The landfill is used exclusively for the disposal of
5 municipal solid waste incinerator ash.
6 (iii) The landfill design includes all of the following in
7 descending order according to their placement in the landfill:
8 (A) A leachate collection system.
9 (B) A synthetic liner at least 60 mils thick.
10 (C) A compacted clay liner of 5 feet or more with a maximum
11 hydraulic conductivity of 1 x 10-7 centimeters per second.
12 (D) A leak detection and leachate collection system.
13 (E) A compacted clay liner at least 3 feet thick with a
14 maximum hydraulic conductivity of 1 x 10-7 centimeters per second
15 or a synthetic liner at least 40 mils thick.
16 (b) A landfill that meets all of the following requirements:
17 (i) The landfill is in compliance with this part and the
18 rules promulgated under this part.
19 (ii) The landfill is used exclusively for the disposal of
20 municipal solid waste incinerator ash.
21 (iii) The landfill design includes all of the following in
22 descending order according to their placement in the landfill:
23 (A) A leachate collection system.
24 (B) A composite liner, as defined in R 299.4102 of the
25 Michigan administrative code.
26 (C) A leak detection and leachate collection system.
27 (D) A second composite liner.
1 (iv) If contaminants that may threaten the public health,
2 safety, or welfare, or the environment are found in the leachate
3 collection system described in subparagraph (iii)(C), the owner or
4 operator of the landfill shall determine the source and nature of
5 the contaminants and make repairs, to the extent practicable,
6 that will prevent the contaminants from entering the leachate
7 collection system. If the department determines that the source
8 of the contaminants is caused by a design failure of the
9 landfill, the department, notwithstanding an approved
10 construction permit or operating license, may require landfill
11 cells at that landfill that will be used for the disposal of
12 municipal solid waste incinerator ash, which are under
13 construction or will be constructed in the future at the
14 landfill, to be constructed in conformance with improved design
15 standards approved by the department. However, this subparagraph
16 does not require the removal of liners or leak detection and
17 leachate collection systems that are already in place in a
18 landfill cell under construction.
19 (c) A landfill that is a monitorable unit, as defined in R
20 299.4104 of the Michigan administrative code, and that meets all
21 of the following requirements:
22 (i) The landfill is in compliance with this part and the
23 rules promulgated under this part.
24 (ii) The landfill is used exclusively for the disposal of
25 municipal solid waste incinerator ash.
26 (iii) The landfill design includes all of the following in
27 descending order according to their placement in the landfill:
1 (A) A leachate collection system.
2 (B) A synthetic liner at least 60 mils thick.
3 (C) Immediately below the synthetic liner, either 2 feet of
4 compacted clay with a maximum hydraulic conductivity of 1 x 10-7
5 centimeters per second or a bentonite geocomposite liner, as
6 specified in R 299.4914 of the Michigan administrative code.
7 (D) At least 10 feet of either natural or compacted clay
8 with a maximum hydraulic conductivity of 1 x 10-7 centimeters per
9 second, or equivalent.
10 (d) A landfill with a design approved by the department that
11 will prevent the migration of any hazardous constituent into the
12 groundwater or surface water at least as effectively as the
13 design requirements of subdivisions (a) to (c).
14 (e) A type II landfill, as defined described in R 299.4105
15 of the Michigan administrative code, if both of the following
16 conditions apply:
17 (i) The ash was generated by a municipal solid waste
18 incinerator that is designed to burn at a temperature in excess
19 of 2500 degrees Fahrenheit.
20 (ii) The ash from any individual municipal solid waste
21 incinerator is disposed of pursuant to this subdivision for a
22 period not to exceed 60 days.
23 (2) Except as provided in subsection (3), a landfill that is
24 constructed pursuant to the design described in subsection (1)
25 shall be capped following its closure by all of the following in
26 descending order:
27 (a) Six inches of top soil with a vegetative cover.
1 (b) Two feet of soil to protect against animal burrowing,
2 temperature, erosion, and rooted vegetation.
3 (c) An infiltration collection system.
4 (d) A synthetic liner at least 30 mils thick.
5 (e) Two feet of compacted clay with a maximum hydraulic
6 conductivity of 1 x 10-7 centimeters per second.
7 (3) A landfill that receives municipal solid waste
8 incinerator ash under this section may be capped with a design
9 approved by the department that will prevent the migration of any
10 hazardous constituent into the groundwater or surface water at
11 least as effectively as the design requirements of subsection
12 (2).
13 (4) If leachate is collected from a landfill under this
14 section, the leachate shall be monitored and tested in accordance
15 with this part and the rules promulgated under this part.
16 (5) As an alternative to disposal described in subsection
17 (1), the owner or operator of a municipal solid waste incinerator
18 may process municipal solid waste incinerator ash through
19 mechanical or chemical methods, or both, to substantially
20 diminish the toxicity of the ash or its constituents or limit the
21 leachability of the ash or its constituents to minimize threats
22 to human health and the environment, if processing is performed
23 on the site of the municipal solid waste incinerator or at the
24 site of a landfill described in subsection (1), if the process
25 has been approved by the department as provided by rule, and if
26 the ash is tested after processing in accordance with a protocol
27 approved by the department as provided by rule. The department
1 shall approve the process and testing protocol under this
2 subsection only if the process and testing protocol will protect
3 human health and the environment. In making this determination,
4 the department shall consider all potential pathways of human and
5 environmental exposure, including both short-term and long-term,
6 to constituents of the ash that may be released during the reuse
7 or recycling of the ash. The department shall consider requiring
8 methods to determine the leaching, total chemical analysis,
9 respirability, and toxicity of reused or recycled ash. A leaching
10 procedure shall include testing under both acidic and native
11 conditions. If municipal solid waste incinerator ash is processed
12 in accordance with the requirements of this subsection and the
13 processed ash satisfies the testing protocol approved by the
14 department as provided by rule, the ash may be disposed of in a
15 municipal solid waste landfill, as defined by R 299.4104 of the
16 Michigan administrative code, licensed under this part or may be
17 used in any manner approved by the department. If municipal solid
18 waste incinerator ash is processed as provided in this
19 subsection, but does not satisfy the testing protocol approved by
20 the department as provided by rule, the ash shall be disposed of
21 in accordance with subsection (1).
22 (6) The disposal of municipal solid waste incinerator ash
23 within a landfill that is in compliance with subsection (1) does
24 not constitute a new proposal for which a new construction permit
25 is required under section 11510, 11509, if a construction
permit
26 has previously been issued under section 11509 for the landfill
27 and the owner or operator of the landfill submits 6 copies of an
1 operating license amendment application to the department for
2 approval pursuant to part 13. The operating license amendment
3 application shall include revised plans and specifications for
4 all facility modifications including a leachate disposal plan, an
5 erosion control plan, and a dust control plan which shall be part
6 of the operating license amendment. The dust control plan shall
7 contain sufficient detail to ensure that dust emissions are
8 controlled by available control technologies that reduce dust
9 emissions by a reasonably achievable amount to the extent
10 necessary to protect human health and the environment. The dust
11 control plan shall provide for the ash to be wet during all times
12 that the ash is exposed to the atmosphere at the landfill or
13 otherwise to be covered by daily cover material; for dust
14 emissions to be controlled during dumping, grading, loading, and
15 bulk transporting of the ash at the landfill; and for dust
16 emissions from access roads within the landfill to be controlled.
17 With the exception of a landfill that is in existence on June 12,
18 1989 that the department determines is otherwise in compliance
19 with this section, the owner or operator of the landfill shall
20 obtain the operating license amendment prior to initiating
21 construction. Prior to operation, the owner or operator of a
22 landfill shall submit to the department certification from a
23 licensed professional engineer that the landfill has been
24 constructed in accordance with the approved plan and
25 specifications. At the time When the copies are
submitted to the
26 department, the owner or operator of the landfill shall send a
27 copy of the operating license amendment application to the
1 municipality where the landfill is located. At least 30 days
2 prior to making a final decision on the operating license
3 amendment, the department shall hold at least 1 public meeting in
4 the vicinity of the landfill to receive public comments. Prior to
5 a public meeting, the department shall publish notice of the
6 meeting in a newspaper serving the local area.
7 (7) The owner or operator of a municipal solid waste
8 incinerator or a disposal area that receives municipal solid
9 waste incinerator ash shall allow the department access to the
10 facility for the purpose of supervising the collection of samples
11 or obtaining samples of ash to test or to monitor air quality at
12 the facility.
13 (8) As used in subsection (1), "landfill" means a landfill
14 or a specific portion of a landfill.
15 Sec. 11551. (1) Except for a material that the department
16 approves as a beneficial use by-product under section 11553(3) or
17 (4), to qualify as a beneficial use by-product, a material or the
18 use of the material, as applicable, shall meet all of the
19 following requirements:
20 (a) The material is not a part 111 hazardous waste or mixed
21 with a hazardous waste.
22 (b) The material is not stored at the site of generation or
23 use for more than 3 years, or the amount that is transferred off
24 site for use during a 3-year period equals at least 75% by weight
25 or volume of the amount of that material stored on site for
26 beneficial use at the beginning of the 3-year period.
27 (c) The material is stored in a manner that maintains its
1 usefulness, controls wind dispersal, and prevents loss of the
2 material beyond the storage area.
3 (d) The material is stored in a manner that does not cause
4 groundwater to no longer be fit for 1 or more protected uses,
5 does not cause a violation of a part 31 surface water quality
6 standard, and otherwise does not violate part 31.
7 (e) The material is transported in a manner that prevents
8 accidental leakage, spillage, or wind dispersal.
9 (f) The use of the material is for a legitimate beneficial
10 purpose other than a means to discard the material and the
11 material is used according to generally accepted engineering,
12 industrial, or commercial standards for that use.
13 (g) For beneficial use 2, the material, if specified below,
14 meets the following environmental standards using, at the option
15 of the generator of the by-product, EPA method 1311, 1312, or
16 ASTM test method 3987:
|
17 |
Constituent - |
Coal |
Pulp |
Foundry |
Cement |
Water |
Stamp |
Spent |
|
18 |
maximum |
ash |
and |
sand |
kiln |
softening |
sand |
media |
|
19 |
leachate mg/l |
or |
paper |
|
dust, |
limes, |
|
from |
|
20 |
|
wood |
mill |
|
lime |
dewatered |
|
sand |
|
21 |
|
ash |
ash, |
|
kiln |
grinding |
|
blasting |
|
22 |
|
|
mixed |
|
dust |
sludge |
|
|
|
23 |
|
|
wood |
|
|
|
|
|
|
24 |
|
|
ash |
|
|
|
|
|
|
25 |
Arsenic – 0.2 |
X |
X |
X |
X |
X |
|
|
|
26 |
Boron – 10 |
X |
|
|
|
|
|
|
|
27 |
Cadmium – 0.1 |
X |
X |
|
X |
X |
|
|
|
1 |
Chromium – 2.0 |
X |
|
|
|
|
|
X |
|
2 |
Lead – 0.08 |
X |
X |
X |
X |
X |
|
|
|
3 |
Mercury – 0.04 |
X |
X |
|
X |
X |
|
|
|
4 |
Copper – 20 |
|
X |
|
|
X |
X |
|
|
5 |
Nickel – 2.0 |
|
X |
X |
|
X |
|
X |
|
6 |
Selenium – 1.0 |
X |
|
|
|
X |
|
|
|
7 |
Thallium – 0.04 |
X |
|
|
X |
|
|
|
|
8 |
Zinc – 48 |
X |
X |
|
|
X |
|
|
9 (h) For beneficial use 3, the material or use of the
10 material, as applicable, meets all of the following requirements:
11 (i) The material is coal bottom ash, wood ash, pulp and paper
12 mill material, pulp and paper mill ash, mixed wood ash, foundry
13 sand from ferrous or aluminum foundries, cement kiln dust, lime
14 kiln dust, lime water softening residuals, flue gas
15 desulfurization gypsum, soil washed or otherwise removed from
16 sugar beets, or dewatered concrete grinding slurry from public
17 transportation agency road projects.
18 (ii) The amount of any constituent listed below applied to an
19 area of land over any period of time does not exceed the
20 following:
|
21 |
CONSTITUENT |
CUMULATIVE LOAD |
|
22 |
|
POUNDS PER ACRE |
|
23 |
Arsenic |
37 |
|
24 |
Cadmium |
35 |
|
25 |
Copper |
1,335 |
|
26 |
Lead |
267 |
|
1 |
Mercury |
15 |
|
2 |
Nickel |
374 |
|
3 |
Selenium |
89 |
|
4 |
Zinc |
2,492 |
5 (iii) If the department of agriculture and rural development
6 determines, based on peer-reviewed scientific literature, that
7 any other constituent is subject to a cumulative loading
8 requirement, the amount of that constituent applied to an area of
9 land over any period of time does not exceed that cumulative
10 loading requirement. The cumulative load for that constituent
11 shall be calculated as follows: constituent concentration (mg/kg
12 dry weight) x conversion factor of 0.002 (concentration to pounds
13 per dry ton) x the material application rate in dry tons per
14 acre.
15 (i) For beneficial use 5, the material is foundry sand from
16 ferrous or aluminum foundries and representative sampling of the
17 foundry sand using either a totals analysis, a leachate analysis
18 (using EPA method 1311, EPA method 1312, ASTM method 3987, or
19 other leaching protocol approved by the department), or any
20 combination of the 2 types of analyses demonstrates that none of
21 the following maximum concentrations are exceeded:
|
22 |
CONSTITUENT |
TOTALS |
LEACHATE |
|
23 |
|
ANALYSIS MG/KG |
ANALYSIS MG/L |
|
24 |
Antimony |
4.3 |
0.006 |
|
25 |
Cobalt |
0.8 |
0.04 |
|
26 |
Copper |
5,800 |
1 |
|
1 |
Iron |
23,185 |
2.0 |
|
2 |
Lead |
700 |
0.004 |
|
3 |
Manganese |
1,299 |
0.86 |
|
4 |
Molybdenum |
5 |
0.073 |
|
5 |
Nickel |
100 |
0.1 |
|
6 |
Thallium |
2.3 |
0.002 |
|
7 |
Vanadium |
72 |
0.0045 |
|
8 |
Zinc |
2,400 |
2.4 |
|
9 |
Benzene |
0.1 |
0.005 |
|
10 |
Formaldehyde |
26 |
1.3 |
|
11 |
Phenol |
88 |
4.4 |
|
12 |
Trichloroethylene |
0.1 |
0.005 |
13 (2) The determination whether a material meets the
14 requirements of subsection (1)(a) or (g) shall be based on the
15 analysis of a representative sample of the material by the
16 initial generator. The initial generator shall maintain records
17 of the test results for not less than 10 years after the date the
18 material was sent off site and make the records available to the
19 department upon request. The generator shall resample and analyze
20 the material when raw materials or processes change in a way that
21 could reasonably be expected to materially affect analysis
22 results.
23 (3) Except as otherwise provided in this act, storage and
24 use of beneficial use by-products shall comply with all other
25 applicable provisions of this act.
26 (4) The storage of a material for beneficial use 3 that
27 complies with regulation no. 641, commercial fertilizer bulk
1 storage, R 285.641.1 to R 285.641.18 of the Michigan
2 administrative code, shall be considered to comply with the
3 storage requirements of this part.
4 (5) A person that actively manages and reuses a beneficial
5 use by-product that has already been used in compliance with this
6 part may rely on analytical data from the prior use.
7 (6) All of the following apply to beneficial uses 1 and 2 at
8 and along roadways:
9 (a) Routine repair and replacement of roadways constructed
10 using beneficial use materials does not constitute generation of
11 beneficial use by-products triggering the requirements of this
12 section if the beneficial use by-products remain or are reused at
13 the same roadway and are used in a manner that meets the
14 definition of beneficial use 1 or beneficial use 2, as
15 appropriate. If the beneficial use by-products will be reused at
16 some place other than the same roadway, then the requirements
17 applicable to generators of beneficial use by-products must be
18 met, except as follows:
19 (i) As set forth in subsection (5).
20 (ii) The requirements of section 11552 apply only if the
21 category of beneficial use will change.
22 (b) For beneficial use 2, the requirement that beneficial
23 use materials be covered by concrete, asphalt, or 6 inches of
24 gravel applies at the time of placement and use. The development
25 of potholes, shoulder erosion, or similar deterioration does not
26 result in a violation of this part.
27 (c) If road materials containing beneficial use by-products
1 are ground, reheated, or melted for reuse, the requirements of
2 part 55 must be met.
3 (d) This part does not prohibit the state transportation
4 department from seeking additional data or information for road
5 building materials or from requiring that road building materials
6 meet state transportation department specifications and
7 standards.
8 (7) For beneficial use 3, the material that is offered for
9 sale or use shall be annually registered or licensed under part
10 85 or 1955 PA 162, MCL 290.531 to 290.538. In addition to the
11 information required under part 85 or 1955 PA 162, MCL 290.531 to
12 290.538, the following information shall be submitted to the
13 department of agriculture and rural development with the license
14 or registration application:
15 (a) Directions for use to ensure that the material is
16 applied at an agronomic rate that has been reviewed by a
17 certified crop advisor.
18 (b) A laboratory analysis report that contains all of the
19 following:
20 (i) Sampling results that demonstrate that the material does
21 not pose harm to human health or the environment. One method by
22 which this demonstration can be made is by sampling results that
23 comply with both of the following:
24 (A) The levels established pursuant to the association of
25 American plant food control officials' statement of uniform
26 interpretation and policy #25, as follows:
27 (I) A fertilizer with a phosphorus or micronutrient
1 guarantee shall apply the policy in its entirety.
2 (II) A fertilizer with only a nitrogen, potassium, or
3 secondary nutrient guarantee shall use the micronutrients column
4 in the policy and apply a multiplier of 1 to determine the
5 maximum allowable concentration of each metal.
6 (III) A soil conditioner or liming material shall use the
7 micronutrients column in the policy and apply a multiplier of 1
8 to determine the maximum allowable concentration of each metal.
9 (B) The part 201 generic residential soil direct contact
10 cleanup criteria for volatile organic compounds (as determined by
11 U.S. EPA method 8260), semivolatile organic compounds (as
12 determined by U.S. EPA method 8270c), and dioxins (as determined
13 by U.S. EPA method 1613b). Results for dioxins shall be reported
14 on a dry weight basis, and total dioxin equivalence shall be
15 calculated and reported utilizing the U.S. EPA toxic equivalency
16 factors (U.S. EPA/100/R10/005).
17 (ii) For a fertilizer, all of the following used by a
18 certified crop advisor to determine an agronomic rate consistent
19 with generally accepted agricultural and management practices:
20 (A) A demonstration that the material contains the minimum
21 percentage of each plant nutrient guaranteed or claimed to be
22 present.
23 (B) The percentage of dry solids, nitrogen, ammonium
24 nitrogen, nitrate nitrogen, phosphorus, and potassium in the
25 material.
26 (C) The levels of calcium, magnesium, acidity or basicity
27 measured by pH, sulfur, chromium, copper, silver, chlorine, and
1 boron.
2 (iii) For a soil conditioner or a liming material, all of the
3 following used by a certified crop advisor to determine an
4 agronomic rate consistent with generally accepted agricultural
5 and management practices:
6 (A) The percentage of dry solids in the material.
7 (B) The levels of calcium, magnesium, acidity or basicity
8 measured by pH, sulfur, chromium, copper, silver, chlorine, and
9 boron.
10 (iv) For a soil conditioner, scientifically acceptable data
11 that give reasonable assurance that the material will improve the
12 physical nature of the soil by altering the soil structure by
13 making soil nutrients more available or otherwise enhancing the
14 soil media resulting in beneficial crop response or other plant
15 growth.
16 (v) For a liming material, scientifically acceptable data
17 demonstrating that the material will correct soil acidity.
18 (8) When a material is licensed or registered as described
19 in subsection (7), the laboratory analysis report and the
20 scientifically acceptable data submitted with a prior application
21 may be resubmitted for a subsequent application unless the raw
22 materials or processes used to generate the material change in a
23 way that could reasonably be expected to materially affect the
24 laboratory analysis report or scientifically acceptable data.
25 (9) This part does not authorize open dumping prohibited by
26 the solid waste disposal act, 42 USC 6901 to 6992k.
27 (10) If an owner of property has knowledge that a material
1 has been used on the property for beneficial use 2, before
2 transferring the property, the owner shall provide notice to a
3 prospective transferee that the material was used for beneficial
4 use 2, including the date and location of the use, if known. If a
5 contractor, consultant, or agent of an owner of property uses a
6 material on the property for beneficial use 2, the contractor,
7 consultant, or agent shall provide notice to the owner that the
8 material was used for beneficial use 2, including the date and
9 location of the use.
10 Sec. 11551a. This part does not require the use of any
11 beneficial use by-product, including, but not limited to, the
12 uses and beneficial use by-products identified in sections 11502
13 to 11506, by any governmental entity or any other person.
14 Sec. 11552. (1) Written notice shall be submitted to the
15 department before a beneficial use by-product is used for
16 beneficial use 2 as construction fill at a particular site for
17 the first time, if the amount used will exceed 5,000 cubic yards.
18 The generator of the beneficial use by-product shall submit the
19 notice unless the generator transfers material to a broker, in
20 which case the broker shall submit the notice.
21 (2) By October 30 of each year, any generator or broker of
22 more than 1,000 cubic yards of material used as beneficial use
23 by-products for beneficial use 1, 2, or 4 in the immediately
24 preceding period of October 1 to September 30 or any person that
25 uses or reuses more than 1,000 cubic yards of a source separated
26 material in that period shall submit a report to the department
27 containing all of the following information, as applicable:
1 (a) The business name, address, telephone number, and name
2 of a contact person for the generator, broker, or other person.
3 (b) The types and approximate amounts of beneficial use by-
4 products generated, brokered, and stored during that period.
5 (c) The approximate amount of beneficial use by-products
6 shipped off site during that period and the uses and conditions
7 of use.
8 (d) The amount of source separated materials used or reused.
9 (3) A generator or broker may designate the information
10 required in the report under subsection (2)(b) and (c) as
11 confidential business information. If the scope of a request for
12 public records under section 5 of the freedom of information act,
13 1976 PA 442, MCL 15.235, includes information designated by the
14 generator or broker as confidential, the department shall
15 promptly notify the generator or broker of the request, including
16 the date the request was received by the department and, pursuant
17 to that section, shall issue a notice extending for 10 business
18 days the period during which the department shall respond to the
19 request. The department shall grant the request for the
20 information unless, within 12 business days after the date the
21 request was received by the department, the generator or broker
22 demonstrates to the satisfaction of the department that the
23 information designated as confidential should not be disclosed
24 because the information constitutes a trade secret or secret
25 process or is production or commercial information the disclosure
26 of which would jeopardize the competitive position of the
27 generator or broker. If there is a dispute over the release of
1 information between the generator or broker and the person
2 requesting the information, the director shall grant or deny the
3 request. The department shall notify the generator or broker of a
4 decision to grant the request at least 2 days before the release
5 of the requested information.
6 Sec. 11553. (1) Consistent with the requirements of this
7 part, the department shall apply this section so as to promote
8 and foster the use of wastes and by-products for recycling or
9 beneficial purposes.
10 (2) Any person may request the department, consistent with
11 the definitions and other terms of this part, to approve a
12 material, a use, or a material and use as a source separated
13 material; a beneficial use by-product for beneficial use 1, 2, 4,
14 or 5; an inert material; a low-hazard industrial waste; or
15 another material, use, or material and use that can be approved
16 under this part. Among other things, a person may request the
17 department to approve a use that does not qualify as beneficial
18 use 2 under section 11502(4)(a) because the property is not
19 nonresidential property or under section 11502(4)(a), (b), or (c)
20 because the material exceeds 4 feet in thickness. A request under
21 this subsection shall contain a description of the material
22 including the process generating it; results of analyses of
23 representative samples of the material for any hazardous
24 substances that the person has knowledge or reason to believe
25 could be present in the material, based on its source, its
26 composition, or the process that generated it; and, if
27 applicable, a description of the proposed use. The analysis and
1 sampling of the material under this subsection shall be
2 consistent with the methods contained in the EPA document
3 entitled "test methods for the evaluation of solid waste,
4 physical/chemical methods," SW 846 3rd edition; 1 or more peer-
5 reviewed standards developed by a national or international
6 organization, such as ASTM international; or 1 or more standards
7 or methods approved by the department or the EPA. The department
8 shall approve or deny the request within 150 days after the
9 request is received, unless the parties agree to an extension. If
10 the department determines that the request does not include
11 sufficient information, the department shall, not more than 60
12 days after receipt of the request, notify the requester. The
13 notice shall specify the additional information that is required.
14 The 150-day period is tolled until the requestor submits the
15 information specified in the notice. If the department approves a
16 request under this subsection, the approval shall include the
17 following statement: "This approval does not require any use of
18 any beneficial use by-product by a governmental entity or any
19 other person." The department may impose conditions and other
20 requirements consistent with the purposes of this part on a
21 material, a use, or a material and use approved under this
22 section that are reasonably necessary for the use. If a request
23 is approved with conditions or other requirements, the approval
24 shall specifically state the conditions or other requirements. If
25 the request is denied, the department's denial shall, to the
26 extent practical, state with specificity all of the reasons for
27 denial. If the department fails to approve or deny the request
1 within the 150-day period, the request is considered approved. A
2 person requesting approval under this subsection may seek review
3 of any final department decision pursuant to section 631 of the
4 revised judicature act of 1961, 1961 PA 236, MCL 600.631.
5 (3) The department shall approve a material for a specified
6 use as a beneficial use by-product if all of the following
7 requirements are met:
8 (a) The material is an industrial or commercial material
9 that is or has the potential to be generated in high volumes.
10 (b) The proposed use serves a legitimate beneficial purpose
11 other than providing a means to discard the material.
12 (c) A market exists for the material or there is a
13 reasonable potential for the creation of a new market for the
14 material if it is approved as a beneficial use by-product.
15 (d) The material and use meet all federal and state consumer
16 protection and product safety laws and regulations.
17 (e) The material meets all of the following requirements:
18 (i) Hazardous substances in the material do not pose a direct
19 contact health hazard to humans.
20 (ii) The material does not leach, decompose, or dissolve in a
21 way that forms an unacceptably contaminated leachate. An
22 unacceptably contaminated leachate is one that exceeds either
23 part 201 generic residential groundwater drinking water criteria
24 or surface water quality standards established under part 31.
25 (iii) The material does not produce emissions that violate
26 part 55 or that create a nuisance.
27 (4) The department may approve a material for a specified
1 use as a beneficial use by-product if the material meets the
2 requirements of subsection (3)(a), (b), (c), and (d) but fails to
3 meet the requirements of subsection (3)(e) and if the department
4 determines that the material and use are protective of the public
5 health and environment. In making the determination, the
6 department shall consider the potential for exposure and risk to
7 human health and the environment given the nature of the
8 material, its proposed use, and the environmental fate and
9 transport of any hazardous substances in the material in soil,
10 groundwater, or other relevant media.
11 (5) The department shall approve a material as inert if all
12 of the following requirements are met:
13 (a) The material is proposed to be used for a legitimate
14 purpose other than a means to dispose of the material.
15 (b) Hazardous substances in the material do not pose a
16 direct contact health hazard to humans.
17 (c) The material does not leach, decompose, or dissolve in a
18 way that forms an unacceptably contaminated leachate upon contact
19 with water or other liquids likely to be found at the area of
20 placement, disposal, or use. An unacceptably contaminated
21 leachate is leachate that exceeds part 201 generic residential
22 groundwater drinking water criteria or surface water quality
23 standards established under part 31.
24 (d) The material does not produce emissions that violate
25 part 55 or that create a nuisance.
26 (6) The department may approve a material as inert if the
27 material meets the requirements of subsection (5)(a) but fails to
1 meet the requirements of subsection (5)(b), (c), or (d) and if
2 the department determines that the material is protective of the
3 public health and environment. In making the determination, the
4 department shall consider the potential for exposure and risk to
5 human health and the environment given the nature of the
6 material, its proposed use, and the environmental fate and
7 transport of any hazardous substances in the material in soil,
8 groundwater, or other relevant media.
9 (7) The department shall approve a material as a low-hazard
10 industrial waste if hazardous substances in representative
11 samples of the material do not leach, using, at the option of the
12 generator, EPA method 1311, 1312, or any other method approved by
13 the department that more accurately simulates mobility, above the
14 higher of the following:
15 (a) One-tenth the hazardous waste toxicity characteristic
16 threshold as set forth in rules promulgated under part 111.
17 (b) Ten times the generic residential groundwater drinking
18 water cleanup criteria as set forth in rules promulgated under
19 part 201.
20 (8) The department shall approve a material as a source
21 separated material if the person who seeks the designation
22 demonstrates that the material can be recycled or converted into
23 raw materials or new products by being returned to the original
24 process from which it was generated, by use or reuse as an
25 ingredient in an industrial process to make a product, or by use
26 or reuse as an effective substitute for a commercial product. To
27 qualify as a source separated material, the material, product, or
1 reuse must meet all federal and state consumer protection and
2 product safety laws and regulations and must not create a
3 nuisance. If a material will be applied to or placed on the land,
4 or will be used to produce products that are applied to or placed
5 on the land, the material must qualify as an inert material or
6 beneficial use by-product.
7 (9) Any written determination by the department made prior
8 to the effective date of the amendatory act that added this
9 section designating a material as an inert material, an inert
10 material appropriate for general reuse, an inert material
11 appropriate for reuse at a specific location, an inert material
12 appropriate for specific reuse instead of virgin material, a
13 source separated material, a site separated material, a low-
14 hazard industrial waste, or a non-solid-waste material remains in
15 effect according to its terms or until forfeited in writing by
16 the person who received the determination. Upon termination,
17 expiration, or forfeiture of the written determination, the
18 current requirements of this part control. The amendments made to
19 this part by the amendatory act that added this section do not
20 rescind, invalidate, limit, or modify any such prior
21 determination in any way.
22 Sec. 11554. The department of agriculture and rural
23 development, and not the department of environmental quality,
24 shall administer and enforce this part in connection with any
25 material that is licensed or registered under part 85 or 1955 PA
26 162, MCL 290.531 to 290.538.
27 Sec. 20101. (1) As used in this part:
1 (a) "Act of God" means an unanticipated grave natural
2 disaster or other natural phenomenon of an exceptional,
3 inevitable, and irresistible character, the effects of which
4 could not have been prevented or avoided by the exercise of due
5 care or foresight.
6 (b) "Agricultural property" means real property used for
7 farming in any of its branches, including cultivating of soil;
8 growing and harvesting of any agricultural, horticultural, or
9 floricultural commodity; dairying; raising of livestock, bees,
10 fish, fur-bearing animals, or poultry; turf and tree farming; and
11 performing any practices on a farm as an incident to, or in
12 conjunction with, these farming operations. Agricultural property
13 does not include property used for commercial storage,
14 processing, distribution, marketing, or shipping operations.
15 (c) "All appropriate inquiry" means an evaluation of
16 environmental conditions at a property at the time of purchase,
17 occupancy, or foreclosure that reasonably defines the existing
18 conditions and circumstances at the property in conformance with
19 40 CFR 312.
20 (d) "Attorney general" means the department of the attorney
21 general.
22 (e) "Background concentration" means the concentration or
23 level of a hazardous substance that exists in the environment at
24 or regionally proximate to a facility that is not attributable to
25 any release at or regionally proximate to the facility. A person
26 may demonstrate a that
a hazardous substance is not present at a
27
level that exceeds background
concentration for a hazardous
1 substance by any of the
following methods:
2 (i) The hazardous substance complies with the statewide
3 default background levels under R 299.5746 299.46 of
the Michigan
4 administrative code.
5 (ii) The hazardous substance is listed in the department's
6 2005 Michigan background soil survey and falls within the typical
7 ranges published in that document.
8 (iii) The hazardous substance is listed in any other study or
9 survey conducted or approved by the department and is within the
10 concentrations or falls within the typical ranges published in
11 that study or survey.
12 (iv) A site-specific demonstration.
13 (f) "Baseline environmental assessment" means a written
14 document that describes the results of an all appropriate inquiry
15 and the sampling and analysis that confirm that the property is a
16 facility. However, for purposes of a baseline environmental
17 assessment, the all appropriate inquiry under 40 CFR 312.20(a)
18 may be conducted within 45 days after the date of acquisition of
19 a property and the components of an all appropriate inquiry under
20 40 CFR 312.20(b) and 40 CFR 312.20(c)(3) may be conducted or
21 updated within 45 days after the date of acquisition of a
22 property.
23 (g) "Board" means the brownfield redevelopment board created
24 in section 20104a.
25 (h) "Certificate of completion" means a written response
26 provided by the department confirming that a response activity
27 has been completed in accordance with the applicable requirements
1 of this part and is approved by the department.
2 (i) "Cleanup criteria for unrestricted residential use"
3 means either of the following:
4 (i) Cleanup criteria that satisfy the requirements for the
5 residential category in section 20120a(1)(a) or (16).
6 (ii) Cleanup criteria for unrestricted residential use under
7 part 213.
8 (j) "Department" means the director of the
department of
9 environmental quality or
his or her designee to whom the director
10 delegates a power or duty by written instrument.
11 (k) "Director" means the director of the department of
12 environmental quality.
13 (l) "Directors" means the directors or their designees of the
14 departments of environmental quality, community health,
15 agriculture and rural development, and state police.
16 (m) "Disposal" means the discharge, deposit, injection,
17 dumping, spilling, leaking, or placing of any hazardous substance
18 into or on any land or water so that the hazardous substance or
19 any constituent of the hazardous substance may enter the
20 environment or be emitted into the air or discharged into any
21 groundwater or surface water.
22 (n) "Enforcement costs" means court expenses, reasonable
23 attorney fees of the attorney general, and other reasonable
24 expenses of an executive department that are incurred in relation
25 to enforcement under this part.
26 (o) "Environment" or "natural resources" means land, surface
27 water, groundwater, subsurface strata, air, fish, wildlife, or
1 biota within the state.
2 (p) "Environmental contamination" means the release of a
3 hazardous substance, or the potential release of a discarded
4 hazardous substance, in a quantity which is or may become
5 injurious to the environment or to the public health, safety, or
6 welfare.
7 (q) "Evaluation" means those activities including, but not
8 limited to, investigation, studies, sampling, analysis,
9 development of feasibility studies, and administrative efforts
10 that are needed to determine the nature, extent, and impact of a
11 release or threat of release and necessary response activities.
12 (r) "Exacerbation" means the occurrence of either of the
13 following caused by an activity undertaken by the person who owns
14 or operates the property, with respect to contamination for which
15 the person is not liable:
16 (i) Contamination
that has migrated Migration
of
17
contamination beyond the boundaries of
the property which that is
18 the source of the release at levels above cleanup criteria for
19 unrestricted residential use unless a criterion is not relevant
20 because exposure is reliably restricted as otherwise provided in
21 this part.
22 (ii) A change in facility conditions that increases response
23 activity costs.
24 (s) "Facility" means any area, place, or property where a
25 hazardous substance in excess of the concentrations that satisfy
26 the cleanup criteria for unrestricted residential use has been
27 released, deposited, disposed of, or otherwise comes to be
1 located. Facility does not include any area, place, or property
2 where any of the following conditions are satisfied:
3 (i) Response activities have been completed under this part
4 that satisfy the cleanup criteria for unrestricted residential
5 use.
6 (ii) Corrective action has been completed under part 213 that
7 satisfies the cleanup criteria for unrestricted residential use.
8 (iii) Site-specific criteria that have been approved by the
9 department for application at the area, place, or property are
10 met or satisfied and both of the following conditions are met:
11 (A) The site-specific criteria do not depend on any land use
12 or resource use restriction to ensure protection of the public
13 health, safety, or welfare or the environment.
14 (B) Hazardous substances at the area, place, or property
15 that are not addressed by site-specific criteria satisfy the
16 cleanup criteria for unrestricted residential use.
17 (iv) Hazardous substances in concentrations above
18 unrestricted residential cleanup criteria are present due only to
19 the placement, storage, or use of beneficial use by-products or
20 inert materials at the area, place, or property in compliance
21 with part 115.
22 (t) "Feasibility study" means a process for developing,
23 evaluating, and selecting appropriate response activities.
24 (u) "Financial assurance" means a performance bond, escrow,
25 cash, certificate of deposit, irrevocable letter of credit,
26 corporate guarantee, or other equivalent security, or any
27 combination thereof.
1 (v) "Foreclosure" means possession of a property by a lender
2 on which it has foreclosed on a security interest or the
3 expiration of a lawful redemption period, whichever occurs first.
4 (w) "Free product" means a hazardous substance in a liquid
5 phase equal to or greater than 1/8 inch of measurable thickness
6 that is not dissolved in water and that has been released into
7 the environment.
8 (x) "Fund" means the cleanup and redevelopment fund
9 established in section 20108.
10 (y) "Hazardous substance" means 1 or more of the following,
11 but does not include fruit, vegetable, or field crop residuals or
12 processing by-products, or aquatic plants, that are applied to
13 the land for an agricultural use or for use as an animal feed, if
14 the use is consistent with generally accepted agricultural
15 management practices at the time of the application:
16 (i) Any substance that the department demonstrates, on a case
17 by case basis, poses an unacceptable risk to the public health,
18 safety, or welfare, or the environment, considering the fate of
19 the material, dose-response, toxicity, or adverse impact on
20 natural resources.
21 (ii) Hazardous substance as defined in the comprehensive
22 environmental response, compensation, and liability act, 42 USC
23 9601 to 9675.
24 (iii) Hazardous waste as defined in part 111.
25 (iv) Petroleum
as described in part 213.as
a regulated
26 substance in section 21303.
27 (z) "Interim response activity" means the cleanup or removal
1 of a released hazardous substance or the taking of other actions,
2 prior to the implementation of a remedial action, as may be
3 necessary to prevent, minimize, or mitigate injury to the public
4 health, safety, or welfare, or to the environment. Interim
5 response activity also includes, but is not limited to, measures
6 to limit access, replacement of water supplies, and temporary
7 relocation of people as determined to be necessary by the
8 department. In addition, interim response activity means the
9 taking of other actions as may be necessary to prevent, minimize,
10 or mitigate a threatened release.
11 (aa) "Lender" means any of the following:
12 (i) A state or nationally chartered bank.
13 (ii) A state or federally chartered savings and loan
14 association or savings bank.
15 (iii) A state or federally chartered credit union.
16 (iv) Any other state or federally chartered lending
17 institution. or
18 (v) Any state or federally regulated affiliate or regulated
19 subsidiary of any entity listed in this subparagraph or
20 subparagraphs (i) to (iii).(iv).
21 (vi) (v) An
insurance company authorized to do business in
22 this state pursuant to the insurance code of 1956, 1956 PA 218,
23 MCL 500.100 to 500.8302.
24 (vii) (vi) A
motor vehicle sales finance company subject to
25 the motor vehicle finance act, 1950 (Ex Sess) PA 27, MCL 492.101
26 to 492.141, with net assets in excess of $50,000,000.00.
27 (viii) (vii) A
foreign bank.
1 (ix) (viii) A
retirement fund regulated pursuant to state law
2 or a pension fund regulated pursuant to federal law with net
3 assets in excess of $50,000,000.00.
4 (x) (ix) A
state or federal agency authorized by law to hold
5 a security interest in real property or a local unit of
6 government holding a reversionary interest in real property.
7 (xi) (x) A
nonprofit tax exempt organization created to
8 promote economic development in which a majority of the
9 organization's assets are held by a local unit of government.
10 (xii) (xi) Any
other person who loans money for the purchase
11 of or improvement of real property.
12 (xiii) (xii) Any
person who retains or receives a security
13 interest to service a debt or to secure a performance obligation.
14 (bb) "Local health department" means that term as defined in
15 section 1105 of the public health code, 1978 PA 368, MCL
16 333.1105.
17 (cc) "Local unit of government" means a county, city,
18 township, or village, an agency of a local unit of government, an
19 authority or any other public body or entity created by or
20 pursuant to state law. Local unit of government does not include
21 the this state, or the
federal government, or a
state or federal
22 agency.
23 (dd) "Method detection limit" means the minimum
24 concentration of a hazardous substance which that can
be measured
25 and reported with 99% confidence that the analyte concentration
26 is greater than zero and is determined from analysis of a sample
27 in a given matrix that contains the analyte.
1 (ee) "No further action letter" means a written response
2 provided by the department under section 20114d confirming that a
3 no further action report has been approved after review by the
4 department.
5 (ff) "No further action report" means a report under section
6 20114d detailing the completion of remedial actions and including
7 a postclosure plan and a postclosure agreement, if appropriate.
8 (gg) "Operator" means a person who is in control of or
9 responsible for the operation of a facility. Operator does not
10 include either of the following:
11 (i) A person who holds indicia of ownership primarily to
12 protect the person's security interest in the facility, unless
13 that person participates in the management of the facility as
14 described in section 20101a.
15 (ii) A person who is acting as a fiduciary in compliance with
16 section 20101b.
17 (hh) "Owner" means a person who owns a facility. Owner does
18 not include either of the following:
19 (i) A person who holds indicia of ownership primarily to
20 protect the person's security interest in the facility,
21 including, but not limited to, a vendor's interest under a
22 recorded land contract, unless that person participates in the
23 management of the facility as described in section 20101a.
24 (ii) A person who is acting as a fiduciary in compliance with
25 section 20101b.
26 (ii) "Panel" means the response activity review panel
27 created in section 20114e.
1 (jj) "Permitted release" means 1 or more of the following:
2 (i) A release in compliance with an applicable, legally
3 enforceable permit issued under state law.
4 (ii) A lawful and authorized discharge into a permitted waste
5 treatment facility.
6 (iii) A federally permitted release as defined in the
7 comprehensive environmental response, compensation, and liability
8 act, 42 USC 9601 to 9675.
9 (kk) "Postclosure agreement" means an agreement between the
10 department and a person who has submitted a no further action
11 report that prescribes, as appropriate, activities required to be
12 undertaken upon completion of remedial actions as provided for in
13 section 20114d.
14 (ll) "Postclosure plan" means a plan for land use or resource
15 use restrictions or permanent markers at a facility upon
16 completion of remedial actions as required under provided for in
17 section 20114c.
18 (mm) "Release" includes, but is not limited to, any
19 spilling, leaking, pumping, pouring, emitting, emptying,
20 discharging, injecting, escaping, leaching, dumping, or disposing
21 of a hazardous substance into the environment, or the abandonment
22 or discarding of barrels, containers, and other closed
23 receptacles containing a hazardous substance. Release does not
24 include any of the following:
25 (i) A release that results in exposure to persons solely
26 within a workplace, with respect to a claim that these persons
27 may assert against their employers.
1 (ii) Emissions from the engine exhaust of a motor vehicle,
2 rolling stock, aircraft, or vessel.
3 (iii) A release of source, by-product, or special nuclear
4 material from a nuclear incident, as those terms are defined in
5 the atomic energy act of 1954, 42 USC 2011 to 2297h-13, 2286i, if
6 the release is subject to requirements with respect to financial
7 protection established by the nuclear regulatory commission under
8 42 USC 2210, or any release of source by-product or special
9 nuclear material from any processing site designated under 42 USC
10 7912(a)(1) or 42 USC 7942(a).
11 (iv) If applied according to label directions and according
12 to generally accepted agricultural and management practices at
13 the time of the application, the application of a fertilizer,
14 soil conditioner, agronomically applied manure, or pesticide, or
15 fruit, vegetable, or field crop residuals or processing by-
16 products, aquatic plants, or a combination of these substances.
17 As used in this subparagraph, fertilizer and soil conditioner
18 have the meaning given to these terms in part 85, and pesticide
19 has the meaning given to that term in part 83.
20 (v) A release
does not include Application
of fruits,
21 vegetables, field crop processing by-products, or aquatic plants
22 , that are applied to the
land for an agricultural use or for use
23 as an animal feed, if the use is consistent with generally
24 accepted agricultural and management practices at the time of the
25 application.
26 (vi) The relocation of soil under section 20120c.
27 (vii) The placement, storage, or use of beneficial use by-
1 products or inert materials at the site of storage or use if in
2 compliance with part 115.
3 (nn) "Remedial action" includes, but is not limited to,
4 cleanup, removal, containment, isolation, destruction, or
5 treatment of a hazardous substance released or threatened to be
6 released into the environment, monitoring, maintenance, or the
7 taking of other actions that may be necessary to prevent,
8 minimize, or mitigate injury to the public health, safety, or
9 welfare, or to the environment.
10 (oo) "Remedial action plan" means a work plan for performing
11 remedial action under this part.
12 (pp) "Residential closure" means a property at which the
13 contamination has been addressed in a no further action report
14 that satisfies the limited residential cleanup criteria under
15 section 20120a(1)(c) or the site-specific residential cleanup
16 criteria under sections 20120a(2) and 20120b, that contains land
17 use or resource use restrictions, and that is approved by the
18 department or is considered approved by the department under
19 section 20120d.
20 (qq) "Response activity" means evaluation, interim response
21 activity, remedial action, demolition, providing an alternative
22 water supply, or the taking of other actions necessary to protect
23 the public health, safety, or welfare, or the environment or the
24 natural resources. Response activity also includes health
25 assessments or health effect studies carried out under the
26 supervision, or with the approval of, the department of community
27 health and enforcement actions related to any response activity.
1 (rr) "Response activity costs" or "costs of response
2 activity" means all costs incurred in taking or conducting a
3 response activity, including enforcement costs.
4 (ss) "Response activity plan" means a plan for undertaking
5 response activities. A response activity plan may include 1 or
6 more of the following:
7 (i) A plan to undertake interim response activities.
8 (ii) A plan for evaluation activities.
9 (iii) A feasibility study.
10 (iv) A remedial action plan.
11 (tt) "Security interest" means any interest, including a
12 reversionary interest, in real property created or established
13 for the purpose of securing a loan or other obligation. Security
14 interests include, but are not limited to, mortgages, deeds of
15 trusts, liens, and title pursuant to lease financing
16 transactions. Security interests may also arise from transactions
17 such as sale and leasebacks, conditional sales, installment
18 sales, trust receipt transactions, certain assignments, factoring
19 agreements, accounts receivable financing arrangements,
20 consignments, or any other transaction in which evidence of title
21 is created if the transaction creates or establishes an interest
22 in real property for the purpose of securing a loan or other
23 obligation.
24 (uu) "Target detection limit" means the detection limit for
25 a hazardous substance in a given environmental medium that is
26 specified by the department on a list that it publishes not more
27 than once a year. The department shall identify 1 or more
1 analytical methods, when a method is available, that are judged
2 to be capable of achieving the target detection limit for a
3 hazardous substance in a given environmental medium. The target
4 detection limit for a given hazardous substance is greater than
5 or equal to the method detection limit for that hazardous
6 substance. In establishing a target detection limit, the
7 department shall consider the following factors:
8 (i) The low level capabilities of methods published by
9 government agencies.
10 (ii) Reported method detection limits published by state
11 laboratories.
12 (iii) Reported method detection limits published by commercial
13 laboratories.
14 (iv) The need to be able to measure a hazardous substance at
15 concentrations at or below cleanup criteria.
16 (vv) "Threatened release" or "threat of release" means any
17 circumstance that may reasonably be anticipated to cause a
18 release.
19 (ww) "Venting groundwater" means groundwater that is
20 entering a surface water of the this state from a facility.
21 (2) As used in this part:
22 (a) The phrase "a person who is liable" includes a person
23 who is described as being subject to liability in section 20126.
24 The phrase "a person who is liable" does not presume that
25 liability has been adjudicated.
26 (b) The phrase "this part" includes "rules promulgated under
27 this part".
1 Sec. 20114e. (1) The director shall establish a response
2 activity review panel to advise him or her on technical or
3 scientific disputes, including disputes regarding assessment of
4 risk, response activity plans, no further action reports,
5 certificates of completion, and documentations of due care
6 compliance under this part, and initial assessment reports, final
7 assessment reports, closure reports, and documentations of due
8 care compliance under part 213.
9 (2) The panel shall consist of 15 individuals, appointed by
10 the director. Each member of the panel shall meet all of the
11 following minimum requirements:
12 (a) Meet 1 or more of the following:
13 (i) Hold a current professional engineer's or professional
14 geologist's license or registration from a state, tribe, or
15 United States territory, or the Commonwealth of Puerto Rico, and
16 have the equivalent of 6 years of full-time relevant experience.
17 (ii) Have a baccalaureate degree from an accredited
18 institution of higher education in a discipline of engineering or
19 science and the equivalent of 10 years of full-time relevant
20 experience.
21 (iii) Have a master's degree from an accredited institution of
22 higher education in a discipline of engineering or science and
23 the equivalent of 8 years of full-time relevant experience.
24 (b) Remain current in his or her field through participation
25 in continuing education or other activities.
26 (3) An individual is not eligible to be a member of the
27 panel if any 1 of the following is true:
1 (a) The individual is a current employee of any office,
2 department, or agency of the this state.
3 (b) The individual is a party to 1 or more contracts with
4 the department and the compensation paid under those contracts
5 represented more than 5% of the individual's annual gross revenue
6 in any of the preceding 3 years.
7 (c) The individual is employed by an entity that is a party
8 to 1 or more contracts with the department and the compensation
9 paid to the individual's employer under these contracts
10 represented more than 5% of the employer's annual gross revenue
11 in any of the preceding 3 years.
12 (d) The individual was employed by the department within the
13 preceding 3 years.
14 (4) An individual appointed to the panel shall serve for a
15 term of 3 years and may be reappointed for 1 additional 3-year
16 term. After serving 2 consecutive terms, the individual shall not
17 be a member of the panel for a period of at least 2 years before
18 being eligible to be appointed to the panel again. The terms for
19 members first appointed shall be staggered so that not more than
20 5 vacancies are scheduled to occur in a single year. Individuals
21 appointed to the panel shall serve without compensation. However,
22 members of the panel may be reimbursed for their actual and
23 necessary expenses incurred in the performance of their official
24 duties as members of the panel.
25 (5) A vacancy on the panel shall be filled in the same
26 manner as the original appointment.
27 (6) The business that the panel may perform shall be
1 conducted at a public meeting of the panel held in compliance
2 with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
3 (7) A person who submitted a response activity plan; ,
a no
4 further action report; , a
request for certificate of completion
5 , or documentation of due
care compliance under this part; or an
6 initial assessment report, final assessment report, closure
7 report, or documentation of due care compliance under part 213
8 may appeal a decision made by the department regarding a
9 technical or scientific dispute, including a dispute regarding
10 assessment of risk, concerning the response activity plan, no
11 further action report, request for certificate of completion,
12 initial assessment report, final assessment report, closure
13 report, or documentation of due care compliance by submitting a
14 petition to the director. However, an issue that was addressed as
15 part of the final decision of the director under section 21332 or
16 that is the subject of a contested case hearing under section
17 21332 is not eligible for review by the panel. The petition shall
18 include the issues in dispute, the relevant facts upon which the
19 dispute is based, factual data, analysis, opinion, and supporting
20 documentation for the petitioner's position. The petitioner shall
21 also submit a fee of $3,500.00. If the director believes that the
22 dispute may be able to be resolved without convening the panel,
23 the director may contact the petitioner regarding the issues in
24 dispute and may negotiate a resolution of the dispute. This
25 negotiation period shall not exceed 45 days. If the dispute is
26 resolved without convening the panel, any fee that is submitted
27 with the petition shall be returned.
1 (8) If a dispute is not resolved pursuant to subsection (7),
2 the director shall schedule a meeting of 5 members of the panel,
3 selected on the basis of their relevant expertise, within 45 days
4 after receiving the original petition. If the dispute involves an
5 underground storage tank system, at least 3 of the members
6 selected shall have relevant experience in the American society
7 for testing and materials risk-based corrective action processes
8 described in part 213. A member selected for the dispute
9 resolution process shall agree not to accept employment by the
10 person bringing the dispute before the panel, or to undertake any
11 employment concerning the facility in question for a period of 1
12 year after the decision has been rendered on the matter if that
13 employment would represent more than 5% of the member's gross
14 revenue in any of the preceding 3 years. The director shall
15 provide a copy of all supporting documentation to members of the
16 panel who will hear the dispute. An alternative member may be
17 selected by the director to replace a member who is unable to
18 participate in the dispute resolution process. Any action by the
19 members selected to hear the dispute shall require a majority of
20 the votes cast. The members selected for the dispute resolution
21 process shall elect a chairperson of the dispute resolution
22 process. At a meeting scheduled to hear the dispute,
23 representatives of the petitioner and the department shall each
24 be afforded an opportunity to present their positions to the
25 panel. The fee that is received by the director along with the
26 petition shall be forwarded to the state treasurer for deposit
27 into the fund.
1 (9) Within 45 days after hearing the dispute, the members of
2 the panel who were selected for and participated in the dispute
3 resolution process shall make a recommendation regarding the
4 petition and provide written notice of the recommendation to the
5 director of the department and the petitioner. The written
6 recommendation shall include the specific scientific or technical
7 rationale for the recommendation. The panel's recommendation
8 regarding the petition may be to adopt, modify, or reverse, in
9 whole or in part, the department's decision that is the subject
10 of the petition. If the panel does not make its recommendation
11 within this 45-day time period, the decision of the department is
12 the final decision of the director.
13 (10) Within 60 days after receiving written notice of the
14 panel's recommendation, the director shall issue a final
15 decision, in writing, regarding the petition. However, this time
16 period may be extended by written agreement between the director
17 and the petitioner. If the director agrees with the
18 recommendation of the panel, the department shall incorporate the
19 recommendation into its response to the response activity plan,
20 no further action report, request for certificate of completion,
21 initial assessment report, final assessment report, closure
22 report, or documentation of due care compliance. If the director
23 rejects the recommendation of the panel, the director shall issue
24 a written decision to the petitioner with a specific rationale
25 for rejecting the recommendation of the panel. If the director
26 fails to issue a final decision within the time period provided
27 for in this subsection, the recommendation of the panel shall be
1 considered the final decision of the director. The final decision
2 of the director under this subsection is subject to review
3 pursuant to section 631 of the revised judicature act of 1961,
4 1961 PA 236, MCL 600.631.
5 (11) Upon request of the director, the panel shall make a
6 recommendation to the department on whether a member should be
7 removed from the panel. Prior to making this recommendation, the
8 panel may convene a peer review panel to evaluate the conduct of
9 the member with regard to compliance with this part.
10 (12) A member of the panel shall not participate in the
11 dispute resolution process for any appeal in which that member
12 has a conflict of interest. The director shall select a member of
13 the panel to replace a member who has a conflict of interest
14 under this subsection. For purposes of this subsection, a member
15 has a conflict of interest if a petitioner has hired that member
16 or the member's employer on any environmental matter within the
17 preceding 3 years.
18 (13) As used in this section, "relevant experience" means
19 active participation in the preparation, design, implementation,
20 and assessment of remedial investigations, feasibility studies,
21 interim response activities, and remedial actions under this part
22 or experience in the American society for testing and materials
23 risk-based corrective action processes described in part 213.
24 This experience must demonstrate the exercise of sound
25 professional judgment and knowledge of the requirements of this
26 part or part 213, or both.
27 Sec. 20115. (1) The department, upon confirmation of a
1 release or threat of release of a substance that is regulated by
2 the department of agriculture and rural development, shall notify
3 the department of agriculture and rural development. The
4 department of agriculture and rural development shall undertake
5 or ensure the initiation of the necessary response activity to
6 immediately stop or prevent further releases at the site. The
7 department of agriculture and rural development shall consult
8 with the department in the development of response activities if
9 a release or threat of a release of a substance regulated by the
10 department of agriculture and rural development occurs. The
11 department of agriculture and rural development shall provide to
12 the department information necessary to identify substances
13 regulated by the department of agriculture and rural development.
14 This information shall include but is not limited to the list of
15 state registered pesticides.
16 (2) As used in this section, "substance regulated by the
17 department of agriculture
and rural development" means a
18 fertilizer or soil conditioner as defined in part 85, or a any of
19 the following:
20
(a) A pesticide as defined in part
83.section 8305.
21 (b) A fertilizer as defined in section 8501.
22 (c) A soil conditioner as defined in section 8501a.
23 (d) A liming material as defined in section 1 of 1955 PA
24 162, MCL 290.531.
25 (3) Response activities conducted under this section shall
26 be consistent with the requirements of section 8714(2).
27 Enacting section 1. R 299.4113 to R 299.4116, R299.4118, R
1 299.4119, and R 299.4122 to R 299.4127 of the Michigan
2 administrative code are rescinded.
3 Enacting section 2. This amendatory act takes effect upon
4 the expiration of 90 days after the date it is enacted into law.
5 Enacting section 3. This amendatory act does not take effect
6 unless House Bill No. 5401 of the 97th Legislature is enacted
7 into law.
