Bill Text: MI SB1206 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Environmental protection; solid waste; bulk biosolids of exceptional quality used for landscaping; exempt from certain rules concerning cumulative loading, management practices, and reporting. Amends sec. 3131 of 1994 PA 451 (MCL 324.3131).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0563'12 With Immediate Effect 2012 Addenda [SB1206 Detail]
Download: Michigan-2011-SB1206-Engrossed.html
SB-1206, As Passed House, December 12, 2012
SENATE BILL No. 1206
July 18, 2012, Introduced by Senator CASPERSON 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 3131 (MCL 324.3131), as added by 1997 PA 29.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3131. (1) By October 1, 1997, the department of
environmental quality in consultation with the department of
agriculture and rural development shall promulgate rules to manage
the land application of sewage sludge and sewage sludge
derivatives. The rules shall be consistent with the minimum
requirements
of 40 C.F.R. CFR part 503 but may impose requirements
in
addition to or more stringent than 40 C.F.R. CFR part
503 to
protect public health or the environment from any adverse effect
from a pollutant in sewage sludge or in a sewage sludge derivative.
However, the rules shall require that if monitoring of sewage
sludge or a sewage sludge derivative indicates a pollutant
concentration
in excess of that provided in table 3 of 40 C.F.R.
CFR 503.13, monitoring frequency shall be increased to not less
than
twice that provided in table 1 of 40 C.F.R. CFR 503.16,
until
pollutant concentrations are at or below those provided in table 3
of
40 C.F.R. CFR 503.13. The rules shall require a sewage sludge
generator or sewage sludge distributor to deliver to a county,
city, village, or township a copy of any record required to be
created under the rules pertaining to sewage sludge or a sewage
sludge derivative applied to land in that local unit. The copy
shall be delivered free of charge promptly after the record is
created.
(2)
If the Michigan supreme court rules that sections 45 and
46
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.245
and 24.246, are unconstitutional and a statute requiring
legislative
review of administrative rules is not enacted within 90
days
after the Michigan supreme court ruling, the rule-making
authority
under this section and any rules promulgated under that
rule-making
authority are rescinded, and the land application of
sewage
sludge shall be managed by the department of environmental
quality
in consultation with the department of agriculture
consistent
with the requirements of 40 C.F.R. part 503.
(2) Notwithstanding R 323.2407(3) of the Michigan
administrative code, the requirements of R 323.2408 and R 323.2410
of the Michigan administrative code in effect on the effective date
of the 2012 amendatory act that added this subsection, or
subsequent revisions of those requirements, do not apply to bulk
biosolids or a bulk derivative that is sold or given away if all of
the following requirements are met:
(a) The material is finished compost or other material that
has been demonstrated to be mature and stable and to present
minimal vector attraction and potential to generate a nuisance.
(b) The material is of exceptional quality.
(c) The generator or distributor provides to the person
receiving the material a written record that contains all of the
following information:
(i) The name and address of the person who prepared the
material.
(ii) General handling guidelines and recommended application
rates.
(iii) A current monitoring summary of nitrogen, phosphorus, and
potassium concentrations.
(d) The material is used beneficially for its nutrient value
in accordance with the generator's approved residuals management
program.
(e) The material is utilized only for landscaping uses at 1 or
more of the following locations:
(i) A public park.
(ii) An athletic field.
(iii) A cemetery.
(iv) A plant nursery.
(v) A turf farm.
(vi) A golf course.
(vii) A lawn.
(viii) A home garden.
Senate Bill No. 1206 as amended September 25, 2012
(ix) Any other location approved by the director of the
department or his or her designee.
(3) The requirements of R 323.2413(2)(a) through <<(c) and (e)
through>> (i) of the
Michigan administrative code in effect on the effective date of the
2012 amendatory act that added this subsection do not apply to bulk
biosolids or a bulk derivative of exceptional quality utilized for
landscaping purposes.
(4) A person who generates bulk biosolids or a bulk derivative
of exceptional quality for landscaping uses shall keep a record of
quantities in excess of 20 cubic yards sold or given away in a
single transaction and make the record available to the department
for inspection and copying. The record shall include all of the
following information:
(a) The name and address of the recipient.
(b) The quantity received.
(c) The signature or initials of the recipient.
(d) A general description of the intended use consistent with
subsection (2)(e).
(5) As used in this section:
(a) All of the following mean those terms as defined in R
324.2402 of the Michigan administrative code:
(i) "Bulk biosolids".
(ii) "Derivative".
(iii) "Exceptional quality".
(iv) "Generator".
(v) "Residuals management program".
(b) "Bulk derivative" means a derivative that is not sold or
given away in a bag or other container for application to a lawn or
home garden.
