Bill Text: MI SB1506 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Environmental protection; solid waste; by-product from sugar beet production; provide for exemption. Amends sec. 11506 of 1994 PA 451 (MCL 324.11506); adds sec. 11540a & repeals sec. 11540a of 1994 PA 451 (MCL 324.11540a).
Spectrum: Bipartisan Bill
Status: (Passed) 2010-12-29 - Assigned Pa 0345'10 With Immediate Effect [SB1506 Detail]
Download: Michigan-2009-SB1506-Engrossed.html
SB-1506, As Passed Senate, November 9, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1506
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11506 (MCL 324.11506), as amended by 2007 PA
212.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11506. (1) "Solid waste" means garbage, rubbish, ashes,
incinerator ash, incinerator residue, street cleanings, municipal
and industrial sludges, solid commercial and solid industrial
waste, and animal waste other than organic waste generated in the
production of livestock and poultry. However, solid waste does not
include the following:
(a) Human body waste.
(b)
Medical waste. as it is defined in part 138 of the public
health
code, 1978 PA 368, MCL 333.13801 to 333.13831, and regulated
under
that part and part 55.
(c) Organic waste generated in the production of livestock and
poultry.
(d) Liquid waste.
(e) Ferrous or nonferrous scrap directed to a scrap metal
processor or to a reuser of ferrous or nonferrous products.
(f) Slag or slag products directed to a slag processor or to a
reuser of slag or slag products.
(g) Sludges and ashes managed as recycled or nondetrimental
materials appropriate for agricultural or silvicultural use
pursuant to a plan approved by the department. Food processing
residuals, ;
precipitated calcium
carbonate from sugar beet
processing, wood ashes resulting solely from a source that burns
only
wood that is untreated and inert,
; lime from kraft pulping
processes
generated prior to bleaching, ; or
aquatic plants may be
applied on, or composted and applied on, farmland or forestland for
an agricultural or silvicultural purpose, or used as animal feed,
as appropriate, and such an application or use does not require a
plan described in this subdivision or a permit or license under
this part. In addition, source separated materials approved by the
department for land application for agricultural and silvicultural
purposes and compost produced from those materials may be applied
to the land for agricultural and silvicultural purposes and such an
application does not require a plan described in this subdivision
or permit or license under this part. Land application authorized
under this subdivision for an agricultural or silvicultural
purpose,
or use as animal feed , as
provided for in this
subdivision shall be performed in a manner that prevents losses
from runoff and leaching. Land application under this subdivision
shall be at an agronomic rate consistent with generally accepted
agricultural and management practices under the Michigan right to
farm act, 1981 PA 93, MCL 286.471 to 286.474.
(h) Materials approved for emergency disposal by the
department.
(i) Source separated materials.
(j) Site separated material.
(k) Fly ash or any other ash produced from the combustion of
coal, when used in the following instances:
(i) With a maximum of 6% of unburned carbon, if used as a
component of concrete, grout, mortar, or casting molds.
(ii) With a maximum of 12% unburned carbon passing M.D.O.T.
test
method MTM 101, when if used as a raw material in
asphalt for
road construction.
(iii) As aggregate, road, or building material that in ultimate
use will be stabilized or bonded by cement, limes, or asphalt.
(iv) As a road base or construction fill that is covered with
asphalt, concrete, or other material approved by the department and
that is placed at least 4 feet above the seasonal groundwater
table.
(v) As the sole material in a depository designed to reclaim,
develop, or otherwise enhance land, subject to the approval of the
department. In evaluating the site, the department shall consider
the physical and chemical properties of the ash, including, but not
limited to, leachability, and the engineering of the depository,
including, but not limited to, the compaction, control of surface
water and groundwater that may threaten to infiltrate the site, and
evidence that the depository is designed to prevent water
percolation through the material.
(l) Soil washed from fruits or vegetables.
(m) (l) Other
wastes regulated by statute.
(2) "Solid waste hauler" means a person who owns or operates a
solid waste transporting unit.
(3) "Solid waste processing plant" means a tract of land,
building, unit, or appurtenance of a building or unit or a
combination of land, buildings, and units that is used or intended
for use for the processing of solid waste or the separation of
material for salvage or disposal, or both, but does not include a
plant engaged primarily in the acquisition, processing, and
shipment of ferrous or nonferrous metal scrap, or a plant engaged
primarily in the acquisition, processing, and shipment of slag or
slag products.
(4)
"Solid waste transporting unit" means a container, that
which may be an integral part of a truck or other piece of
equipment used for the transportation of solid waste.
(5) "Solid waste transfer facility" means a tract of land, a
building and any appurtenances, or a container, or any combination
of land, buildings, or containers that is used or intended for use
in the rehandling or storage of solid waste incidental to the
transportation of the solid waste, but is not located at the site
of generation or the site of disposal of the solid waste.
(6) "Source separated material" means glass, metal, wood,
paper products, plastics, rubber, textiles, garbage, or any other
material approved by the department that is separated at the source
of generation for the purpose of conversion into raw materials or
new products including, but not limited to, compost.
(7) "Type I public water supply", "type IIa public water
supply", "type IIb public water supply", and "type III public water
supply" mean those terms, respectively, as described in R 325.10502
of the Michigan administrative code.
(8) "Yard clippings" means leaves, grass clippings, vegetable
or other garden debris, shrubbery, or brush or tree trimmings, less
than 4 feet in length and 2 inches in diameter, that can be
converted to compost humus. Yard clippings do not include stumps,
agricultural wastes, animal waste, roots, sewage sludge, or
garbage.
