Bill Text: MI SB1035 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Environmental protection; landfills; certain naturally occurring radioactive waste; prohibit disposal of in sanitary or hazardous waste landfills. Amends sec. 11514 of 1994 PA 451 (MCL 324.11514) & adds secs. 11105a & 61506d.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-09 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB1035 Detail]
Download: Michigan-2013-SB1035-Introduced.html
SENATE BILL No. 1035
September 9, 2014, Introduced by Senator JONES and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11514 (MCL 324.11514), as amended by 2008 PA
394 and by adding sections 11105a and 61506d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11105a. (1) The owner or operator of a landfill shall not
accept for transfer or disposal technologically enhanced naturally
occurring radioactive material if that material contains or is
contaminated with radium-226, radium-228, or any combination of
radium-226 and radium-228 at concentrations equal to or greater
than 5 picocuries per gram above natural background.
(2) The owner or operator of a landfill may receive and
process for purposes other than transfer or disposal
technologically enhanced naturally occurring radioactive material
that contains or is contaminated with radium-226, radium-228, or
any combination of radium-226 and radium-228 at concentrations
equal to or greater than 5 picocuries per gram above natural
background, if the owner or operator has obtained and maintains all
other necessary authorizations.
(3) The director may promulgate rules governing the receipt,
acceptance, processing, handling, management, and disposal by
landfills of material that contains or is contaminated with
radioactive material, including, without limitation,
technologically enhanced naturally occurring radioactive material
that contains or is contaminated with radium-226, radium-228, or
any combination of radium-226 and radium-228 at concentrations less
than 5 picocuries per gram above natural background. Rules adopted
by the director may include, but need not be limited to, any of the
following:
(a) Requirements that the owner or operator of a landfill
monitor leachate and groundwater for radium-226, radium-228, and
other radionuclides.
(b) Requirements that the owner or operator of a landfill
develop procedures to ensure that technologically enhanced
naturally occurring radioactive material accepted at the landfill
neither contains nor is contaminated with radium-226, radium-228,
or any combination of radium-226 and radium-228 at concentrations
equal to or greater than 5 picocuries per gram above natural
background.
(4) Notwithstanding any other provision of this section, the
owner or operator of a landfill shall not receive, accept, process,
handle, manage, or dispose of technologically enhanced naturally
occurring radioactive material associated with drilling operations
without first obtaining representative analytical results to
determine compliance with subsections (1) and (2).
(5) As used in this section:
(a) "Drilling operations" means all of the physical and
mechanical aspects of constructing a well for oil or gas
exploration or production, injection of fluids associated with oil
or gas production, or storage of natural hydrocarbons or liquefied
petroleum gas derived from oil or gas.
(b) "Natural background" means 2 picocuries per gram or the
actual number of picocuries per gram as measured at an individual
landfill, subject to verification by the director.
(c) "Technologically enhanced naturally occurring radioactive
material" means naturally occurring radioactive material with
radionuclide concentrations that are increased by or as a result of
past or present human activities. Technologically enhanced
naturally occurring radioactive material does not include drill
cuttings, natural background radiation, by-product material, or
source material.
Sec. 11514. (1) Optimizing recycling opportunities, including
electronics recycling opportunities, and the reuse of materials
shall be a principal objective of the state's solid waste
management plan. Recycling and reuse of materials, including the
reuse of materials from electronic devices, are in the best
interest of promoting the public health and welfare. The state
shall develop policies and practices that promote recycling and
reuse of materials and, to the extent practical, minimize the use
of landfilling as a method for disposal of its waste. Policies and
practices that promote recycling and reuse of materials, including
materials from electronic devices, will conserve raw materials,
conserve landfill space, and avoid the contamination of soil and
groundwater from heavy metals and other pollutants.
(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 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) Section 11105a applies to landfills under this part and
part 111.
(6) (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. 61506d. (1) All of the following apply to technologically
enhanced naturally occurring radioactive material that results from
the construction, operation, or plugging of a horizontal well:
(a) Except as provided in subdivision (b), the owner shall
determine the concentration of radium-226 and radium-228 in
representative samples of the material. The owner shall provide for
the collection and analysis of the representative samples of the
material. The collection and analysis of the representative samples
shall be performed in accordance with requirements approved by the
department. The owner shall not remove the material from the
location associated with the production operation of the horizontal
well until the analysis is complete and the results are available.
However, the owner may do any of the following:
(i) While the results from the analysis of the representative
samples are pending, temporarily store the material in compliance
with conditions imposed by the department in an area adjacent to
the production operation of the well and designated by the
department.
(ii) Before the collection of the representative samples,
transport the material to a location authorized for the storage,
recycling, treatment, processing, or disposal of the material. The
owner shall provide for the collection of representative samples of
the material at that location and temporarily store the material at
that location while the results from the analysis are pending.
(b) The owner is not required to determine the concentration
of radium-226 and radium-228 of the technologically enhanced
naturally occurring radioactive material if any of the following
apply:
(i) The material is reused in the horizontal well from which it
originated or is transferred to another site for reuse in a
horizontal well. For purposes of this subparagraph, a material is
reused if the material is used in a manner that is substantially
similar to its original use.
(ii) The owner disposes of the material at an injection well
for which a permit has been issued under section 61525.
(iii) The owner uses the material in association with a method
of secondary enhanced recovery for which a permit has been issued
under section 61525.
(iv) The material is transported out of this state for lawful
disposal. The owner shall retain records that substantiate the
lawful disposal and provide them to the department upon request.
(c) The owner shall transport and dispose of material that is
technologically enhanced naturally occurring radioactive material
in accordance with all applicable laws.
(2) An owner that has obtained an analysis under subsection
(1)(a) shall keep and maintain the results for 3 years. In
addition, the owner shall provide a copy of the results to the
department upon request.
(3) As used in this section:
(a) "Horizontal well" means a well that is drilled for the
production of oil or gas in which the wellbore reaches a horizontal
or near horizontal position in the Point Pleasant, Utica, or
Marcellus formation and that is stimulated.
(b) "Owner" includes a person that is an authorized agent of
an owner.
(c) "Technologically enhanced naturally occurring radioactive
material" means that term as defined in section 11105a.
