Bill Summary – FastDemocracy

SENATE BILL NO. 543
     October 03, 2023, Introduced by Senators BAYER, IRWIN, GEISS and SHINK and referred to
       the Committee on Energy and Environment.
          A bill to amend 1994 PA 451, entitled
    "Natural resources and environmental protection act,"
    by amending sections 11502, 11503, 11504, and 11506 (MCL 324.11502,
11503, 324.11504, and 324.11506), sections 11502 and 11503 as
    amended by 2022 PA 243 and sections 11504 and 11506 as amended by
PA 244.
                    THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 11502. (1) "Agreement" means a written contract.
       (2) "Agronomic rate" means a rate that meets both of the
 following requirements:
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       (a) Is generally recognized by the agricultural community or
 is calculated for a particular area of land to improve the physical
 nature of soil, such as structure, tilth, water retention, pH, or
 porosity, or to provide macronutrients or micronutrients in an
 amount not materially in excess of that needed by the crop, forest,
 or vegetation grown on the land.
       (b) Takes into account and minimizes runoff of beneficial use
 by-products to surface water or neighboring properties, the
 percolation of excess nutrients beyond the root zone, and the
 liberation of metals from the soil into groundwater.
       (3) "Anaerobic digester" means a facility that uses
 microorganisms to break down biodegradable material in the absence
 of oxygen, producing methane and an organic product.
       (4) "Animal bedding" means a mixture of manure and wood chips,
 sawdust, shredded paper or cardboard, hay, straw, or other similar
 fibrous materials normally used for bedding animals.
       (5) "Ashes" means the residue from the burning of wood, scrap
 wood, tires, biomass, wastewater sludge, fossil fuels including
 coal or coke, or other combustible materials.
       (6) "Benchmark recycling standards" means all of the following
 requirements:
       (a) By January 1, 2026, at least 90% of single-family
 dwellings in urban areas as identified by the most recent federal
 decennial census and, by January 1, 2028, at least 90% of single-
 family dwellings in municipalities with more than 5,000 residents
 have access to curbside recycling that meets all of the following
 criteria:
       (i) One or more recyclable materials, as determined by the
 county's material management plan, that are typically collected
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 through curbside recycling programs, are collected at least twice
 per month.
       (ii) If recyclable materials are not collected separately, the
 mixed load is delivered to a solid waste processing and transfer
 facility and the recyclable materials are separated from material
 to be sent to a solid waste disposal area.
       (iii) Recyclable materials collected are delivered to a
 materials recovery facility that complies with part 115 or are
 managed appropriately at an out-of-state recycling facility.
       (iv) The curbside recycling is provided by the municipality or
 the resident has access to curbside recycling by the resident's
 chosen hauler.
       (b) By January 1, 2032, the following additional criteria:
       (i) In counties with a population of less than 100,000, there
 is at least 1 drop-off location for each 10,000 residents without
 access to curbside recycling at their dwelling, and the drop-off
 location is available at least 24 hours per month.
       (ii) In counties with a population of 100,000 or more, there is
 at least 1 drop-off location for each 50,000 residents without
 access to curbside recycling at their dwelling, and the drop-off
 location is available at least 24 hours per month.
       (7) "Beneficial use 1" means use as aggregate, road material,
 or building material that in ultimate use is or will be bonded or
 encapsulated by cement, limes, or asphalt.
       (8) "Beneficial use 2" means use as any of the following:
       (a) Construction fill at nonresidential property that meets
 all of the following requirements:
       (i) Is placed at least 4 feet above the seasonal groundwater
 table.
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       (ii) Does not come into contact with a surface water body.
       (iii) Is covered by concrete, asphalt pavement, or other
 material approved by the department.
       (iv) Does not exceed 4 feet in thickness, except for areas
 where exceedances are incidental to variations in the existing
 topography. This subparagraph does not apply to construction fill
 placed underneath a building or other structure.
       (b) Road base or soil stabilizer that does not exceed 4 feet
 in thickness except for areas where exceedances are incidental to
 variations in existing topography, is placed at least 4 feet above
 the seasonal groundwater table, does not come into contact with a
 surface water body, and is covered by concrete, asphalt pavement,
 or other material approved by the department.
       (c) Road shoulder material that does not exceed 4 feet in
 thickness except for areas where exceedances are incidental to
 variations in existing topography, is placed at least 4 feet above
 the seasonal groundwater table, does not come into contact with a
 surface water body, is sloped, and is covered by asphalt pavement,
 concrete, 6 inches of gravel, or other material approved by the
 department.
       (9) "Beneficial use 3" means applied to land as a fertilizer
 or soil conditioner under part 85 or a liming material under 1955
 PA 162, MCL 290.531 to 290.538, if all of the following
 requirements are met:
       (a) The material is applied at an agronomic rate consistent
 with GAAMPS.
       (b) The use, placement, or storage at the location of use does
 not do any of the following:
       (i) Violate part 55 or create a nuisance.
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         (ii) Cause groundwater to no longer be fit for 1 or more
 protected uses as defined in R 323.2202 of the MAC.
         (iii) Cause a violation of a part 31 surface water quality
 standard.
         (10) "Beneficial use 4" means any of the following uses:
         (a) To stabilize, neutralize, solidify, or otherwise treat
 waste for ultimate disposal at a facility licensed under this part
 or part 111.
         (b) To treat wastewater, wastewater treatment sludge, or
 wastewater sludge in compliance with part 31 or the federal water
 pollution control act, 33 USC 1251 to 1388, 1389, at a private or
 publicly owned wastewater treatment plant.
         (c) To stabilize, neutralize, solidify, cap, or otherwise
 remediate hazardous substances or contaminants as part of a
 response activity in compliance with part 201, part 213, or the
 comprehensive environmental response, compensation and liability
 act of 1980, 42 USC 9601 to 9657, or a corrective action in
 compliance with part 111 or the solid waste disposal act, 42 USC
 6901 to 6992k.
         (d) As construction material at a landfill licensed under this
 part.
         (e) As alternate daily cover at a licensed landfill in
 compliance with an operational plan approved pursuant to R 299.4429
 of the MAC.
         (11) "Beneficial use 5" means blended with inert materials or
 with compost and used to manufacture soil.
         (12) "Beneficial use by-product" means the following materials
 if the materials are stored for beneficial use or are used
 beneficially as specified and the requirements of section 11551(1)
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 are met:
         (a) Coal bottom ash or wood ash used for beneficial use 3 or
 wood ash or coal ash, except for segregated flue gas
 desulfurization material, used for beneficial use 1, 2, or 4.
         (b) Pulp and paper mill ash used for beneficial use 1, 2, 3,
 or 4.
         (c) Mixed wood ash used for beneficial use 1, 2, 3, or 4.
         (d) Cement kiln dust used as a flue gas scrubbing reagent or
 for beneficial use 1, 2, 3, or 4.
         (e) Lime kiln dust used as a flue gas scrubbing reagent or for
 beneficial use 1, 2, 3, or 4.
         (f) Stamp sands used for beneficial use 1 or 2.
         (g) Foundry sand from ferrous or aluminum foundries used for
 beneficial use 1, 2, 3, 4, or 5.
         (h) Pulp and paper mill material, other than the following,
 used for beneficial use 3:
         (i) Rejects, from screens, cleaners, and mills dispersion
 equipment, containing more than de minimis amounts of plastic.
         (ii) Scrap paper.
         (i) Spent media from sandblasting, with uncontaminated sand,
 newly manufactured, unpainted steel used for beneficial use 1 or 2.
         (j) Dewatered concrete grinding slurry from public
 transportation agency road projects used for beneficial use 1, 2,
 3, or 4.
         (k) Lime softening residuals from the treatment and
 conditioning of water for domestic use or from a community water
 supply used for beneficial use 3 or 4.
         (l) Soil washed or otherwise removed from sugar beets that is
 used for beneficial use 3.
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       (m) Segregated flue gas desulfurization material used for
 beneficial use 1 or 3.
       (n) Materials and uses approved by the department under
 section 11553(3) or (4). Approval of materials and uses by the
 department under section 11553(3) or (4) does not require the use
 of those materials by any governmental entity or any other person.
       (13) "Beverage container" means an airtight metal, glass,
 paper, or plastic container, or a container composed of a
 combination of these materials, which, at the time of sale,
 contains 1 gallon or less of any of the following:
       (a) A soft drink, soda water, carbonated natural or mineral
 water, or other nonalcoholic carbonated drink.
       (b) A beer, ale, or other malt drink of whatever alcoholic
 content.
       (c) A mixed wine drink or a mixed spirit drink.
       (14) "Biosolids" means a solid, semisolid, or liquid that has
 been treated to meet the requirements of R 323.2414 of the MAC.
 Biosolids include, but are not limited to, scum or solids removed
 in a primary, secondary, or advanced wastewater treatment process
 and a derivative of the removed scum or solids.
       (15) "Bond" means a financial instrument guaranteeing
 performance, including a surety bond from a surety company
 authorized to transact business in this state, a certificate of
 deposit, a cash bond, an irrevocable letter of credit, an insurance
 policy, a trust fund, an escrow account, or a combination of any of
 these instruments in favor of the department.
       (16) "Captive facility" means a landfill or coal ash
 impoundment that accepts for disposal, and accepted for disposal
 during the previous calendar year, only nonhazardous industrial
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 waste generated only by the owner of the landfill or coal ash
 impoundment.
         (17) "Captive type III landfill" means a type III landfill
 that meets either of the following requirements:
         (a) Accepts for disposal only nonhazardous industrial waste
 generated only by the owner of the landfill.
         (b) Is a nonhazardous industrial waste landfill described in
 section 11525(4)(a), (b), or (c).
         (18) "Cement kiln dust" means particulate matter collected in
 air emission control devices serving Portland cement kilns.
         (19) "Certificate of deposit" means a certificate of deposit
 that meets all of the following requirements:
         (a) Is negotiable.
         (b) Is held by a bank or other financial institution regulated
 and examined by a state or federal agency.
         (c) Is fully insured by an agency of the United States
 government.
         (d) Is in the sole name of the department.
         (e) Has a maturity date of not less than 1 year.
         (f) Is renewed not later than 60 days before the maturity
 date.
         (20) "Certified health department" means a city, county, or
 district department of health certified under section 11507a.
         (21) "Chemical recycling" means a manufacturing process for
 the conversion of source separated post-use polymers into basic raw
 materials, feedstocks, chemicals, and other products through
 processes that include pyrolysis (catalytic and noncatalytic),
 gasification, depolymerization, hydrogenation, solvolysis, and
 other similar chemical technologies. The recycled products produced
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 include, but are not limited to, monomers, oligomers, plastics,
 plastic and chemical feedstocks, basic and unfinished chemicals,
 waxes, lubricants, coatings, and adhesives. For the purposes of
 part 115, chemical recycling does not include incineration of
 plastics, waste-to-energy processes, or activities performed at a
 facility excluded from the definition of materials management
 facility by section 11504(25). Products sold as fuel are not
 recycled products. For purposes of part 115, chemical recycling is
 not solid waste management, solid waste processing, waste
 diversion, resource recovery, municipal solid waste incineration or
 combustion, the conversion of waste to energy, or identification,
 separation, or sorting of recyclable materials through mechanical
 processes.
       (22) "Chemical recycling facility" means a manufacturing
 facility that receives, stores, and, using chemical recycling,
 converts post-use polymers. A chemical recycling facility is a
 manufacturing facility subject to applicable requirements of this
 act and rules promulgated under this act concerning air, water,
 waste, and land use or any other applicable regulation. A chemical
 recycling facility is not a solid waste processing plant, solid
 waste transfer facility, waste diversion center, resource recovery
 facility, or municipal solid waste incinerator.
       (21) (23) "Class 1 compostable material" means any of the
 following:
       (a) Yard waste.
       (b) Wood.
       (c) Food waste.
       (d) Paper products.
       (e) Manure or animal bedding.
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       (f) Anaerobic digester digestate that does not contain free
 liquids.
       (g) Compostable products.
       (h) Dead animals unless infectious or managed under 1982 PA
 239, MCL 287.651 to 287.683.
       (i) Spent grain from breweries.
       (j) Paunch.
       (k) Food processing residuals.
       (l) Aquatic plants.
       (m) Any other material, including, but not limited to, fat,
 oil, or grease, that the department classifies as class 1
 compostable material under section 11562 or that is approved as
 part of a large composting facility operations plan.
       (n) A mixture of any of these materials.
       (22) (24) "Class 1 composting facility" means a composting
 facility where only class 1 compostable material is composted.
       (23) (25) "Class 2 compostable material" means mixed municipal
 solid waste, biosolids, state or federal controlled substances, and
 all other compostable material that is not listed or approved as a
 class 1 compostable material.
       (24) (26) "Class 2 composting facility" means a composting
 facility where class 2 compostable material or a combination of
 class 2 compostable material and class 1 compostable material is
 composted.
       (25) (27) "Coal ash", subject to subsection (28), (26), means
 any of the following:
       (a) Material recovered from systems for the control of air
 pollution from, or the noncombusted residue remaining after, the
 combustion of coal or coal coke, including, but not limited to,
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 coal bottom ash, fly ash, boiler slag, flue gas desulfurization
 materials, or fluidized-bed combustion ash.
       (b) Residuals removed from coal ash impoundments.
       (26) (28) For beneficial use 2, coal ash does not include coal
 fly ash except for the following if used at nonresidential
 property:
       (a) Class C fly ash under ASTM C618-12A, "Standard
 Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan
 for Use in Concrete", by ASTM International.
       (b) Class F fly ash under ASTM C618-12A, if that fly ash forms
 a pozzolanic-stabilized mixture by being blended with lime,