Bill Text: MI HB5659 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Environmental protection; landfills; collection and disposal of yard clippings in landfills; allow. Amends secs. 11514 & 11521 of 1994 PA 451 (MCL 324.11514 & 324.11521).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-05-18 - Bill Electronically Reproduced 05/17/2016 [HB5659 Detail]

Download: Michigan-2015-HB5659-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5659

May 17, 2016, Introduced by Reps. Goike and Chirkun and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 11514 and 11521 (MCL 324.11514 and 324.11521),

 

section 11514 as amended by 2008 PA 394 and section 11521 as added

 

by 2007 PA 212.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11514. (1) Optimizing recycling opportunities, including

 

electronics recycling opportunities, and the reuse of materials

 

shall be a principal objective of the this state's solid waste

 

management plan. Recycling and reuse of materials, including the

 

reuse of materials from electronic devices, are in the best

 

interest of promoting the public health and welfare. The This state

 

shall develop policies and practices that promote recycling and

 

reuse of materials and, to the extent practical, minimize the use

 

of landfilling as a method for disposal of its waste. Policies and

 

practices that promote recycling and reuse of materials, including

 

materials from electronic devices, will conserve raw materials,

 

conserve landfill space, and avoid the contamination of soil and

 

groundwater from heavy metals and other pollutants.

 

     (2) A person shall not knowingly deliver to a landfill for

 

disposal, or, if the person is an owner or operator of a landfill,

 

knowingly permit disposal in the landfill of, any of the following:

 

     (a) Medical waste, unless that medical waste has been

 

decontaminated or is not required to be decontaminated but is

 

packaged in the manner required under part 138 of the public health

 

code, 1978 PA 368, MCL 333.13801 to 333.13831.333.13832.

 

     (b) More than a de minimis amount of open, empty, or otherwise

 

used beverage containers.

 

     (c) More than a de minimis number of whole motor vehicle

 

tires.

 

     (d) More than a de minimis amount of yard clippings, unless

 

they are diseased, infested, or composed of invasive species as

 

authorized by section 11521(1)(i).

 

     (3) A person shall not deliver to a landfill for disposal, or,

 

if the person is an owner or operator of a landfill, permit

 

disposal in the landfill of, any of the following:

 

     (a) Used oil as defined in section 16701.

 

     (b) A lead acid battery as defined in section 17101.

 

     (c) Low-level radioactive waste as defined in section 2 of the

 

low-level radioactive waste authority act, 1987 PA 204, MCL

333.26202.

 

     (d) Regulated hazardous waste as defined in R 299.4104 of the

 

Michigan administrative code.

 

     (e) Bulk or noncontainerized liquid waste or waste that

 

contains free liquids, unless the waste is 1 of the following:

 

     (i) Household waste other than septage waste.

 

     (ii) Leachate or gas condensate that is approved for

 

recirculation.

 

     (iii) Septage waste or other liquids approved for beneficial

 

addition under section 11511b.

 

     (f) Sewage.

 

     (g) PCBs as defined in 40 CFR 761.3.

 

     (h) Asbestos waste, unless the landfill complies with 40 CFR

 

61.154.

 

     (4) A Except as provided in section 11521(1)(j), a person

 

shall not knowingly deliver to a municipal solid waste incinerator

 

for disposal, or, if the person is an owner or operator of a

 

municipal solid waste incinerator, knowingly permit disposal in the

 

incinerator of, more than a de minimis amount of yard clippings. ,

 

unless they are diseased, infested, or composed of invasive species

 

as authorized by section 11521(1)(i). The department shall post,

 

and a solid waste hauler that disposes of solid waste in a

 

municipal solid waste incinerator shall provide its customers with,

 

notice of the prohibitions of this subsection in the same manner as

 

provided in section 11527a.

 

     (5) If the department determines that a safe, sanitary, and

 

feasible alternative does not exist for the disposal in a landfill

or municipal solid waste incinerator of any items described in

 

subsection (2) or (4), respectively, the department shall submit a

 

report setting forth that determination and the basis for the

 

determination to the standing committees of the senate and house of

 

representatives with primary responsibility for solid waste issues.

 

     Sec. 11521. (1) Yard clippings shall be managed by 1 of the

 

following means:

 

     (a) Composted on the property where the yard clippings are

 

generated.

 

     (b) Temporarily accumulated under subsection (2).

 

     (c) Composted at a composting facility containing not more

 

than 200 cubic yards of yard clippings if decomposition occurs

 

without creating a nuisance.

 

     (d) Composted on a farm as described by subsection (3).

 

     (e) Composted at site that qualifies as a registered

 

composting facility under subsection (4).

 

     (f) Decomposed in a controlled manner using a closed container

 

to create and maintain anaerobic conditions if in compliance with

 

part 55 and otherwise approved by the director under this part.

 

     (g) Composted and used as part of normal operations by a

 

municipal solid waste landfill if the composting and use meet all

 

of the following requirements:

 

     (i) Take place on property described in the landfill

 

construction permit.

 

     (ii) Are described in and consistent with the landfill

 

operation plans.

 

     (iii) Are otherwise in compliance with this act.

     (h) Processed at a processing plant in accordance with this

 

part and the rules promulgated under this part.

 

     (i) Disposed of in a landfill. or

 

     (j) Disposed of in an incinerator, but only if the yard

 

clippings are diseased or infested or are composed of invasive

 

plants, such as garlic mustard, purple loosestrife, or spotted

 

knapweed, that were collected through an eradication or control

 

program, include no more than a de minimis amount of other yard

 

clippings, and are inappropriate to compost.

 

     (2) A person may temporarily accumulate yard clippings at a

 

site not designed for composting if all of the following

 

requirements are met:

 

     (a) The accumulation does not create a nuisance or otherwise

 

result in a violation of this act.

 

     (b) The yard clippings are not mixed with other compostable

 

materials.

 

     (c) No more than 1,000 cubic yards are placed on site unless a

 

greater volume is approved by the department.

 

     (d) Yard clippings placed on site on or after April 1 but

 

before December 1 are moved to another location and managed as

 

provided in subsection (1) within 30 days after being placed on

 

site. The director may approve a longer time period based on a

 

demonstration that additional time is necessary.

 

     (e) Yard clippings placed on site on or after December 1 but

 

before the next April 1 are moved to another location and managed

 

as provided in subsection (1) by the next April 10 after the yard

 

clippings are placed on site.

     (f) The owner or operator of the site maintains and makes

 

available to the department records necessary to demonstrate that

 

the requirements of this subsection are met.

 

     (3) A person may compost yard clippings on a farm if

 

composting does not otherwise result in a violation of this act and

 

is done in accordance with generally accepted agricultural and

 

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

 

93, MCL 286.471 to 286.474, and if 1 or more of the following

 

apply:

 

     (a) Only yard clippings generated on the farm are composted.

 

     (b) There are not more than 5,000 cubic yards of yard

 

clippings on the farm .

 

     (c) If there are more than 5,000 cubic yards of yard clippings

 

on the farm at any time, unless all of the following requirements

 

are met:

 

     (i) The farm operation accepts yard clippings generated at a

 

location other than the farm only to assist in management of waste

 

material generated by the farm operation.

 

     (ii) The farm operation does not accept yard clippings

 

generated at a location other than the farm for monetary or other

 

valuable consideration.

 

     (iii) The owner or operator of the farm registers with the

 

department of agriculture and rural development on a form provided

 

by the department of agriculture and rural development and

 

certifies that the farm operation meets and will continue to meet

 

the requirements of subparagraphs (i) and (ii).

 

     (4) A site qualifies as a registered composting facility if

all of the following requirements are met:

 

     (a) The owner or operator of the site registers as a

 

composting facility with the department and reports to the

 

department within 30 days after the end of each state fiscal year

 

the amount of yard clippings and other compostable material

 

composted in the previous state fiscal year. The registration and

 

reporting shall be done on forms provided by the department. The

 

registration shall be accompanied by a fee of $600.00. The

 

registration is for a term of 3 years. Registration fees collected

 

under this subdivision shall be forwarded to the state treasurer

 

for deposit in the solid waste staff account of the solid waste

 

management fund established in section 11550.

 

     (b) The site is operated in compliance with the following

 

location restrictions:

 

     (i) If the site is in operation on December 1, 2007, the

 

management or storage of yard clippings, compost, and residuals

 

does not expand from its location on that date to an area that is

 

within the following distances from any of the following features:

 

     (A) 50 feet from a property line.

 

     (B) 200 feet from a residence.

 

     (C) 100 feet from a body of surface water, including a lake,

 

stream, or wetland.

 

     (ii) If the site begins operation after December 1, 2007, the

 

management or storage of yard clippings, compost, and residuals

 

occurs in an area that is not in the 100-year floodplain and is at

 

least the following distances from each of the following features:

 

     (A) 50 feet from a property line.

     (B) 200 feet from a residence.

 

     (C) 100 feet from a body of surface water, including a lake,

 

stream, or wetland.

 

     (D) 2,000 feet from a type I or type IIA water supply well.

 

     (E) 800 feet from a type IIB or type III water supply well.

 

     (F) 500 feet from a church or other house of worship,

 

hospital, nursing home, licensed day care center, or school, other

 

than a home school.

 

     (G) 4 feet above groundwater.

 

     (c) Composting and management of the site occurs in a manner

 

that meets all of the following requirements:

 

     (i) Does not violate this act or create a facility as defined

 

in section 20101.

 

     (ii) Unless approved by the department, does not result in

 

more than 5,000 cubic yards of yard clippings and other compostable

 

material, compost, and residuals present on any acre of property at

 

the site.

 

     (iii) Does not result in an accumulation of yard clippings for

 

a period of over 3 years unless the site has the capacity to

 

compost the yard clippings and the owner or operator of the site

 

can demonstrate, beginning in the third year of operation and each

 

year thereafter, unless a longer time is approved by the director,

 

that the amount of yard clippings and compost that is transferred

 

off-site in a calendar year is not less than 75% by weight or

 

volume, accounting for natural volume reduction, of the amount of

 

yard clippings and compost that was on-site at the beginning of the

 

calendar year.

     (iv) Results in finished compost with not more than 1%, by

 

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

 

screen.

 

     (v) If yard clippings are collected in bags other than paper

 

bags, debags the yard clippings by the end of each business day.

 

     (vi) Prevents the pooling of water by maintaining proper

 

slopes and grades.

 

     (vii) Properly manages storm water runoff.

 

     (viii) Does not attract or harbor rodents or other vectors.

 

     (d) The owner or operator maintains, and makes available to

 

the department, all of the following records:

 

     (i) Records identifying the volume of yard clippings and other

 

compostable material accepted by the facility and the volume of

 

yard clippings and other compostable material and of compost

 

transferred off-site each month.

 

     (ii) Records demonstrating that the composting operation is

 

being performed in a manner that prevents nuisances and minimizes

 

anaerobic conditions. Unless other records are approved by the

 

department, these records shall include records of carbon-to-

 

nitrogen ratios, the amount of leaves and the amount of grass in

 

tons or cubic yards, temperature readings, moisture content

 

readings, and lab analysis of finished products.

 

     (5) A site at which yard clippings are managed in accordance

 

with this section, other than a site described in subsection

 

(1)(g), (h) or (i), or (j), is not a disposal area, notwithstanding

 

section 11503(5).

 

     (6) Except with respect to subsection (1)(h), and (i), and

(j), management of yard clippings in accordance with this section

 

is not considered disposal for purposes of section 11538(6).