Bill Text: MI HB5496 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection; solid waste; lateral expansion coal ash landfill; modify definition. Amends secs. 11503 & 11504 of 1994 PA 451 (MCL 324.11503 & 324.11504).
Spectrum: Bipartisan Bill
Status: (Passed) 2020-05-19 - Assigned Pa 85'20 With Immediate Effect [HB5496 Detail]
Download: Michigan-2019-HB5496-Introduced.html
HOUSE BILL NO. 5496
February 19, 2020, Introduced by Reps. Howell
and Cambensy and referred to the Committee on Natural Resources and Outdoor
Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11503 and 11504 (MCL 324.11503 and 324.11504), as amended by 2018 PA 640.
the people of the state of michigan enact:
Sec. 11503. (1) "De minimis" refers to a
small amount of material or number of items, as applicable, incidentally
commingled with inert material for beneficial use by-products, or incidentally
disposed of with other solid waste.
(2)
"Department", subject to section 11554, means the department of environmental quality.environment, Great Lakes, and energy.
(3) "Director"
means the director of the department.
(4) "Discharge"
includes, but is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
disposing of a substance into the environment that is or may become injurious
to the public health, safety, or welfare, or to the environment.
(5) "Disposal
area" means 1 or more of the following at a location as defined by the
boundary identified in its construction permit or engineering plans approved by
the department:
(a) A solid waste
transfer facility.
(b) An incinerator.
(c) A sanitary landfill.
(d) A processing plant.
(e) A coal ash
impoundment.
(f) Any other solid waste
handling or disposal facility utilized in the disposal of solid waste. However,
a waste diversion center is not a disposal area.
(6) "Diverted
waste" means waste that meets all of the following requirements:
(a) Is generated by
households, businesses, or governmental entities.
(b) Can lawfully be
disposed of at a licensed sanitary landfill or municipal solid waste
incinerator.
(c) Is separated from
other waste.
(d) Is 1 or more of the
following:
(i) Hazardous material.
(ii) Liquid waste.
(iii) Pharmaceuticals.
(iv) Electronics.
(v) Batteries.
(vi) Light bulbs.
(vii) Pesticides.
(viii) Thermostats,
switches, thermometers, or other devices that contain elemental mercury.
(ix) Sharps.
(x) Other wastes
approved by the department that can be readily separated from solid waste for
diversion to preferred methods of management and disposal.
(7) "Enforceable mechanism" means a legal method
whereby this state, a county, a municipality, or another person is authorized
to take action to guarantee compliance with an approved county solid waste
management plan. Enforceable mechanisms include contracts, intergovernmental
agreements, laws, ordinances, rules, and regulations.
(8) "Escrow account" means an account that is
managed by a bank or other financial institution whose account operations are
regulated and examined by a federal or state agency and that complies with
section 11523b.
(9) "Existing coal ash impoundment" means a coal
ash impoundment that received coal ash before the effective date of the amendatory act that added this
subsection, December
28, 2018, and that, as of that date, has had not initiated elements of closure that
include dewatering, stabilizing residuals, or placement of an engineered cover
or otherwise closed pursuant to its part 31 permit or pursuant to R 299.4309 of
the part 115 rules and, therefore, is capable of receiving coal ash in the
future. A coal ash impoundment that has initiated closure is considered an open
dump unless the owner or operator has completed closure of the coal ash
impoundment under section 11519b or obtained an operating license for the coal
ash impoundment within 2
years after the effective date of the amendatory act that added this
subsection.by
December 28, 2020.
(10) "Existing coal ash landfill" which means a
coal ash landfill to which either of the following applies:
(a) The landfill received coal ash both before and after
October 19, 2015.
(b) Construction of the landfill commenced before October 19,
2015, and the landfill received coal ash on or after October 19, 2015. For the
purposes of this subdivision, construction of a landfill has commenced if
either of the following applies:
(i) The landfill is licensed under this
part.
(ii) The landfill's engineering plans were
approved by the department and an on-site physical construction program began
and continued before October 19, 2015.
(11) (10) "Existing disposal area" means any of
the following:
(a) A disposal area that has in effect a construction permit
under this part.
(b) A disposal area that had engineering plans approved by
the director before January 11, 1979.
(c) An industrial waste landfill that was authorized to
operate by the director or by court order before October 9, 1993.
(d) An industrial waste pile that was located at the site of
generation on October 9, 1993.
(e) An existing coal ash impoundment.
(12) (11) "Existing landfill unit" or
"existing unit" means any landfill unit that received solid waste on
or before October 9, 1993.
(13) (12) "Farm" means that term as defined in
section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(14) (13) "Farm operation" means that term as
defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL
286.472.
(15) (14) "Financial assurance" means the mechanisms
used to demonstrate that the funds necessary to meet the cost of closure,
postclosure maintenance and monitoring, and corrective action will be available
whenever they are needed.
(16) (15) "Financial test" means a corporate or
local government financial test or guarantee approved for type II landfills
under 42 USC 6941 to 6949a and regulations promulgated thereunder. An owner or
operator may use a single financial test for more than 1 facility. Information
submitted to the department to document compliance with the test shall include
a list showing the name and address of each facility and the amount of funds
assured by the test for each facility. For purposes of the financial test, the
owner or operator shall aggregate the sum of the closure, postclosure, and
corrective action costs it seeks to assure with any other environmental
obligations assured by a financial test under state or federal law.
(17) (16) "Flue gas desulfurization material"
means the material recovered from air pollution control systems that capture
sulfur dioxide from the combustion of wood, coal, or fossil fuels, or other
combustible materials, if the other combustible materials constitute less than
50% by weight of the total material combusted and the department determines in
writing that the other combustible materials do not materially affect the
character of the residue. Flue gas desulfurization material includes synthetic
gypsum.
(18) (17) "Food processing residuals" means any
of the following:
(a) Residuals of fruits, vegetables, aquatic plants, or field
crops.
(b) Otherwise unusable parts of fruits, vegetables, aquatic
plants, or field crops from the processing thereof.
(c) Otherwise unusable food products that do not meet size,
quality, or other product specifications and that were intended for human or
animal consumption.
(19) (18) "Foundry sand" means silica sand used
in the metal casting process, including binding material or carbonaceous
additives, from ferrous or nonferrous foundries.
(20) (19) "GAAMPS" means the generally accepted
agricultural and management practices under the Michigan right to farm act,
1981 PA 93, MCL 286.471 to 286.474.
(21) (20) "Garbage" means rejected food wastes
including waste accumulation of animal, fruit, or vegetable matter used or intended
for food or that results from the preparation, use, cooking, dealing in, or
storing of meat, fish, fowl, fruit, or vegetable matter.
Sec. 11504. (1) "Health officer" means a
full-time administrative officer of a certified health department.
(2) "Industrial
waste" means solid waste that is generated by manufacturing or industrial
processes and that is not a hazardous waste regulated under part 111.
(3) "Industrial
waste landfill" means a landfill that is used for the disposal of any of
the following, as applicable:
(a) Industrial waste that
has been characterized for hazard and that has been determined to be
nonhazardous under part 111.
(b) If the landfill is an
existing disposal area, nonhazardous solid waste that originates from an
industrial site.
(4) "Inert
material" means any of the following:
(a) Rock.
(b) Trees, stumps, and
other similar land-clearing debris, if all of the following conditions are met:
(i) The debris is buried on the site of origin or another site,
with the approval of the owner of the site.
(ii) The debris is not
buried in a wetland or floodplain.
(iii) The debris is
placed at least 3 feet above the groundwater table as observed at the time of
placement.
(iv) The placement of
the debris does not violate federal, state, or local law or create a nuisance.
(c) Uncontaminated excavated soil or dredged sediment.
Excavated soil or dredged sediment is considered uncontaminated if it does not
contain more than de minimis amounts of solid waste and 1 of the following
applies:
(i) The soil or
sediment is not contaminated by a hazardous substance as a result of human
activity. Soil or sediment that naturally contains elevated levels of hazardous
substances above unrestricted residential or any other part 201 generic soil
cleanup criteria is not considered contaminated for purposes of this
subdivision. A soil or sediment analysis is not required under this
subparagraph if, based on past land use, there is no reason to believe that the
soil or sediment is contaminated.
(ii) For any hazardous
substance that could reasonably be expected to be present as a result of past
land use and human activity, the soil or sediment does not exceed the
background concentration, as that term is defined in part 201.
(iii) For any hazardous
substance that could reasonably be expected to be present as a result of past
land use and human activity, the soil or sediment falls below part 201 generic
residential soil direct contact cleanup criteria and hazardous substances in
leachate from the soil or sediment, using, at the option of the generator, EPA
method 1311, 1312, or any other leaching protocol approved by the department,
fall below part 201 generic residential health based groundwater drinking water
values or criteria, and the soil or sediment would not cause a violation of any
surface water quality standard established under part 31 at the area of
placement, disposal, or use.
(d) Excavated soil from a site of environmental
contamination, corrective action, or response activity if the soil is not a
listed hazardous waste under part 111 and if hazardous substances in the soil
do not exceed generic soil cleanup criteria for unrestricted residential use as
defined in part 201 or background concentration as defined in part 201, as
applicable.
(e) Construction brick, masonry, pavement, or broken concrete
that is reused for fill, rip rap, slope stabilization, or other construction,
if all of the following conditions are met:
(i) The use of the
material does not violate section 3108, part 301, or part 303.
(ii) The material is
not materially contaminated. Typical surface oil staining on pavement and
concrete from driveways, roadways, and parking lots is not material
contamination. Material covered in whole or in part with lead-based paint is
materially contaminated.
(iii) The material does
not include exposed reinforcing bars.
(f) Portland cement clinker produced by a cement kiln using
wood, fossil fuels, or solid waste as a fuel or feedstock, but not including
cement kiln dust generated in the process.
(g) Asphalt pavement or concrete pavement that meets all of
the following requirements:
(i) Has been removed
from a public right-of-way.
(ii) Has been
stockpiled or crushed for reuse as aggregate material.
(iii) Does not include
exposed reinforcement bars.
(h) Cuttings, drilling materials, and fluids used to drill or
complete a well installed pursuant to part 127 of the public health code, 1978
PA 368, MCL 333.12701 to 333.12771, if the location of the well is not a
facility under part 201.
(i) Any material determined by the department under section
11553(5) or (6) to be an inert material, either for general use or for a
particular use.
(5) "Insurance" means insurance that conforms to
the requirements of 40 CFR 258.74(d) provided by an insurer who has a
certificate of authority from the director of insurance and financial services
to sell this line of coverage. An applicant for an operating license shall
submit evidence of the required coverage by submitting both of the following to
the department:
(a) A certificate of insurance that uses wording approved by
the department.
(b) A certified true and complete copy of the insurance
policy.
(6) "Landfill" means a disposal area that is a
sanitary landfill.
(7) "Lateral expansion" means a horizontal
expansion of the solid waste boundary of any of the following:
(a) A landfill, other than a coal ash landfill, if the
expansion is beyond the limit established in a construction permit or
engineering plans approved by the solid waste control agency before January 11,
1979.
(b) A coal ash landfill, if the expansion is beyond either of the following:
(i) The limit established
in a construction permit issued after the effective date of the amendatory act that added this
subsection or the horizontal limits of coal ash in place on or before October
14, 2015.December
28, 2018.
(ii) The solid waste boundary, as defined in
R 299.4105 of the part 115 rules, of an existing coal ash landfill.
(c) A coal ash impoundment, if the expansion is beyond the
limit established in a construction permit or the horizontal limits of coal ash
in place on or before October 14, 2015.
(8) "Letter of credit" means an irrevocable letter
of credit that complies with 40 CFR 258.74(c).
(9) "Lime kiln dust" means particulate matter
collected in air emission control devices serving lime kilns.
(10) "Low-hazard industrial waste" means industrial
material that has a low potential for groundwater contamination when managed in
accordance with this part. The following materials are low-hazard industrial
wastes:
(a) Coal ash or wood ash.
(b) Cement kiln dust.
(c) Pulp and paper mill material.
(d) Scrap wood.
(e) Sludge from the treatment and conditioning of water for
domestic use.
(f) Residue from the thermal treatment of petroleum
contaminated soil, media, or debris.
(g) Sludge from the treatment and conditioning of water from
a community water supply.
(h) Foundry sand.
(i) Mixed wood ash, scrap wood ash, pulp and paper mill ash.
(j) Street cleanings.
(k) Asphalt shingles.
(l) New construction
or production scrap drywall.
(m) Chipped or shredded tires.
(n) Copper slag.
(o) Copper stamp sands.
(p) Dredge material from nonremedial activities.
(q) Flue gas desulfurization material.
(r) Dewatered grinding slurry generated from public
transportation agency road projects.
(s) Any material determined by the department under section
11553(7) to be a low-hazard industrial waste.
(11) "Low-hazard-potential coal ash impoundment"
means a coal ash impoundment that is a diked surface impoundment, the failure
or misoperation of which is expected to result in no loss of human life and low
economic or environmental losses principally limited to the impoundment owner's
property.
(12) "Medical waste" means that term as it is
defined in section 13805 of the public health code, 1978 PA 368, MCL 333.13805.
(13) "Mixed wood ash" means the material recovered
from air pollution control systems for, or the noncombusted residue remaining
after, the combustion of any combination of wood, scrap wood, railroad ties, or
tires, if railroad ties composed less than 35% by weight of the total combusted
material and tires composed less than 10% by weight of the total combusted
material.
(14) "Municipal solid waste incinerator" means an
incinerator that is owned or operated by any person, and meets all of the
following requirements:
(a) The incinerator receives solid waste from off site and
burns only household waste from single and multiple dwellings, hotels, motels,
and other residential sources, or this such household waste together with solid
waste from commercial, institutional, municipal, county, or industrial sources
that, if disposed of, would not be required to be placed in a disposal facility
licensed under part 111.
(b) The incinerator has established contractual requirements
or other notification or inspection procedures sufficient to ensure that the
incinerator receives and burns only waste referred to in subdivision (a).
(c) The incinerator meets the requirements of this part and
the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined
in 40 CFR 260.10.
(e) The incinerator is not an incinerator that receives and
burns only medical waste or only waste produced at 1 or more hospitals.
(15) "Municipal solid waste incinerator ash" means
the substances remaining after combustion in a municipal solid waste
incinerator.
(16) "New coal ash impoundment" means a coal ash
impoundment that first receives coal ash after the effective date of the
amendatory act that added this subsection.
(17) "New disposal area" means a disposal area that
requires a construction permit under this part and includes all of the
following:
(a) A disposal area, other than an existing disposal area,
that is proposed for construction.
(b) For a landfill, a lateral expansion, vertical expansion,
or other expansion that results in an increase in the landfill's design
capacity.
(c) A new coal ash impoundment, or a lateral expansion of a
coal ash impoundment beyond the placement of waste as of October 14, 2015.
(d) For a disposal area other than landfills or coal ash
impoundments, an enlargement in capacity beyond that indicated in the
construction permit or in engineering plans approved before January 11, 1979.
(e) For any existing disposal area, an alteration of the
disposal area to a different disposal area type than had been specified in the
previous construction permit application or in engineering plans that were
approved by the director or his or her designee before January 11, 1979.
(18) "Nonresidential property" means property not
used or intended to be used for any of the following:
(a) A child day care center.
(b) An elementary school.
(c) An elder care and assisted living center.
(d) A nursing home.
(e) A single-family or multifamily dwelling unless the
dwelling is part of a mixed use development and all dwelling units and
associated outdoor residential use areas are located above the ground floor.
(19) "Part 115 rules" means R 299.4101 to R
299.4922 of the Michigan Administrative Code including any amendments to or
replacements of those rules.
(20) "Perpetual care fund" means a trust or escrow
account or perpetual care fund bond provided for in section 11525.
(21) "Perpetual care fund bond" means a surety
bond, an irrevocable letter of credit, or a combination of these instruments in
favor of and on a form approved by the department by which a perpetual care
fund is established.
(22) "Pulp and paper mill ash" means the material
recovered from air pollution control systems for, or the noncombusted residue
remaining after, the combustion of any combination of coal, wood, pulp and
paper mill material, wood or biomass fuel pellets, scrap wood, railroad ties,
or tires, from a boiler, power plant, or furnace at a pulp and paper mill, if
railroad ties composed less than 35% by weight of the total combusted material
and tires composed less than 10% by weight of the total combusted material.
(23) "Pulp and paper mill material" means all of
the following materials if generated at a facility that produces pulp or paper:
(a) Wastewater treatment sludge, including wood fibers,
minerals, and microbial biomass.
(b) Rejects from screens, cleaners, and mills.
(c) Bark, wood fiber, and chips.
(d) Scrap paper.
(e) Causticizing residues, including lime mud and grit and
green liquor dregs.
(f) Any material that the department determines has
characteristics that are similar to any of the materials listed in subdivisions
(a) to (e).
