Bill Summary – FastDemocracy

HOUSE BILL NO. 5790
     June 06, 2024, Introduced by Reps. Andrews, Fox, Filler, Farhat, Neyer and Byrnes and referred
        to the Committee on Agriculture.
          A bill to amend 1994 PA 451, entitled
    "Natural resources and environmental protection act,"
    by amending sections 11506 and 11568 (MCL 324.11506 and 324.11568),
    section 11506 as amended by 2022 PA 244 and section 11568 as added
    by 2022 PA 249.
                      THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 11506. (1) "Solid waste" means food waste, rubbish,
 ashes, incinerator ash, incinerator residue, street cleanings,
 municipal and industrial sludges, solid commercial waste, solid
 industrial waste, and animal waste. However, solid waste does not
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 include any of the following:
       (a) Human body waste.
       (b) Medical waste.
       (c) Manure or animal bedding generated in the production of
 livestock and poultry, if managed in compliance with the
 appropriate GAAMPS.
       (d) Liquid waste.
       (e) Scrap metal, as defined in section 3 of the scrap metal
 regulatory act, 2008 PA 429, MCL 445.423, directed to a scrap
 processor as defined in that section or to a reuser of scrap metal.
       (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.
       (h) The following materials that are used as animal feed, or
 are applied on, or are composted or digested and applied on,
 farmland or forestland for an agricultural or silvicultural purpose
 at an agronomic rate consistent with GAAMPS:
       (i) Food processing residuals and food waste.
       (ii) Precipitated calcium carbonate from sugar beet processing.
       (iii) Wood ashes resulting solely from a source that burns only
 wood that is untreated and inert.
       (iv) Lime from kraft pulping processes generated before
 bleaching.
       (v) Aquatic plants.
       (i) Materials approved for emergency disposal by the
 department.
       (j) Source separated materials.
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       (k) Coal ash, when used under any of the following
 circumstances:
       (i) As a component of concrete, grout, mortar, or casting
 molds, if the coal ash does not have more than 6% unburned carbon.
       (ii) As a raw material in asphalt for road construction, if the
 coal ash does not have more than 12% unburned carbon and passes
 Michigan test method for water asphalt preferential test, MTM 101,
 as set forth in the state transportation department's manual for
 the Michigan test methods (MTM).
       (iii) As aggregate, road material, or building material that in
 ultimate use is or will be stabilized or bonded by cement, limes,
 or asphalt, or itself act as a bonding agent. To be considered to
 act as a bonding agent, the coal ash must have at least 10%
 available lime.
       (iv) As a road base or construction fill that is placed at
 least 4 feet above the seasonal groundwater table and covered with
 asphalt, concrete, or other material approved by the department.
       (l) Inert material.
       (m) Soil that is washed or otherwise removed from sugar beets,
 has not more than 55% moisture content, and is registered as a soil
 conditioner under part 85. Any testing required to become
 registered under part 85 is the responsibility of the generator.
       (n) Soil that is relocated under section 20120c.
       (o) Diverted waste that is managed through a waste diversion
 center.
       (p) Beneficial use by-products.
       (q) Coal bottom ash, if substantially free of fly ash or
 economizer ash, when used as cold weather road abrasive.
       (r) Stamp sands when used as cold weather road abrasive in the
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 Upper Peninsula by any of the following:
       (i) A public road agency.
       (ii) Any other person pursuant to a plan approved by a public
 road agency.
       (s) Any material that is reclaimed or reused in the process
 that generated it.
       (t) Any secondary material that, as specified in or determined
 pursuant to 40 CFR part 241, is not a solid waste when combusted.
       (u) Post-use polymers.
       (v) Digestate from an anaerobic digester that is registered or
 for which notification has been submitted under section 11568.
       (w) (v) Other wastes regulated by statute.
       (2) "Solid waste management fund" means the solid waste
 management fund created in section 11550.
       (3) "Solid waste processing and transfer facility" means a
 tract of land, a building or unit and any appurtenances of a
 building or unit, a container, or any combination of these that is
 used or intended for use in the handling, storage, transfer, or
 processing of solid waste, and is not located at the site of
 generation or the site of disposal of the solid waste.
       (4) "Solvolysis" means a manufacturing process in which post-
 use polymers are purified with the aid of solvents, while heated at
 low temperatures or pressurized, or both, to make useful products
 while allowing additives and contaminants to be removed. The
 products of solvolysis include, but are not limited to, monomers,
 intermediates, and valuable chemicals and raw materials. Solvolysis
 includes, but is not limited to, the following:
       (a) Hydrolysis.
       (b) Aminolysis.
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       (c) Ammonolysis.
       (d) Methanolysis.
       (e) Glycolysis.
       (5) "Source reduction" means any practice that reduces or
 eliminates the generation of waste at the source.
       (6) "Source separated material" means any of the following
 materials if separated at the source of generation or at a
 materials management facility that complies with part 115 and if
 not speculatively accumulated:
       (a) Glass, metal, wood, paper products, plastics, rubber,
 textiles, food waste, electronics, latex paint, yard waste, or any
 other material approved by the department that is used for
 conversion into raw materials or intermediate or new products. For
 the purposes of this subdivision, raw materials or intermediate or
 new products include, but are not limited to, compost, biogas from
 anaerobic digestion, synthesis gas from gasification or pyrolysis,
 or other fuel. This subdivision does not prohibit material from
 being classified as a renewable energy resource as defined in
 section 11 of the clean and renewable energy and energy waste
 reduction act, 2008 PA 295, MCL 460.1011.
       (b) Scrap wood and railroad ties used to fuel an industrial
 boiler, kiln, power plant, or furnace, subject to part 55, for
 production of new wood products, or for other uses approved by the
 department.
       (c) Chipped or whole tires used to fuel an industrial boiler,
 kiln, power plant, or furnace, subject to part 55, or for other
 uses approved by the department. This subdivision does not prohibit
 material from being classified as a renewable energy resource as
 defined in section 11 of the clean and renewable energy and energy
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 waste reduction act, 2008 PA 295, MCL 460.1011.
       (d) Recovered paint solids if used to fuel an industrial
 boiler, kiln, power plant, gasification plant, or furnace, subject
 to part 55; if bonded with cement or asphalt; or if used for other
 uses approved by the department.
       (e) Gypsum drywall generated from the production of wallboard
 used for stock returned to the production process or for other uses
 approved by the department.
       (f) Flue gas desulfurization gypsum used for production of
 cement or wallboard or other uses approved by the department.
       (g) Asphalt shingles that meet both of the following
 requirements:
       (i) Do not contain asbestos, rolled roofing, wood, nails, or
 tar paper.
       (ii) Are used as described in any of the following:
       (A) As a component in hot mix asphalt, warm mix asphalt, or
 cold patch asphalt.
       (B) To fuel an industrial boiler, kiln, power plant, or
 furnace, subject to part 55.
       (C) Mixed with recycled asphalt pavement at a maximum of 1 to
 1 ratio by volume to produce a base that is covered by concrete or
 asphalt paving.
       (D) Other uses approved by the department.
       (h) Municipal solid waste incinerator ash that meets criteria
 specified by the department and that is used as daily cover at a
 disposal facility licensed pursuant to part 115.
       (i) Utility poles or pole segments reused as poles, posts, or
 similar uses approved by the department in writing.
       (j) Railroad ties reused in landscaping, embankments, or
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 similar uses approved by the department in writing.
       (k) Any materials and uses approved by the department under
 section 11553(8).
       (l) Leaves that are ground or mixed with ground wood and sold
 as mulch for landscaping purposes if the volumes so managed are
 reported to the department in the manner provided in section 11560.
       (m) Any material determined by the department in writing
 before September 16, 2014 to be a source separated material.
       (n) Yard waste that is land applied on a farm in a manner
 consistent with GAAMPS.
       (o) Yard waste, class 1 compostable material, and class 2
 compostable material that are delivered to an anaerobic digester
 authorized by the department under part 115 to receive the
 material.
       (p) Recyclable materials.
       (7) "Stamp sands" means finely grained crushed rock resulting
 from mining, milling, or smelting of copper ore and includes native
 substances contained within the crushed rock and any ancillary
 material associated with the crushed rock.
       (8) "Treated wood" means wood or wood product that has been
 treated with 1 or more of the following:
       (a) Chromated copper arsenate (CCA).
       (b) Ammoniacal copper quat (ACQ).
       (c) Ammoniacal copper zinc arsenate (ACZA).
       (d) Any other chemical designated in rules promulgated by the
 department.
       (9) "Trust fund" means a fund held by a trustee who has the
 authority to act as a trustee and whose trust operations are
 regulated and examined by a federal or state agency.
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       (10) "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 MAC.
       (11) "Type II landfill" means a landfill that receives
 household waste or municipal solid waste incinerator ash, or both,
 and that may also receive other types of solid waste, such as any
 of the following:
       (a) Construction and demolition waste.
       (b) Sewage sludge.
       (c) Commercial waste.
       (d) Nonhazardous sludge.
       (e) Hazardous waste from conditionally exempt small quantity
 generators.
       (f) Industrial waste.
       (12) "Type III landfill" means a landfill that is not a type
 II landfill or hazardous waste landfill. Type III landfill includes
 all of the following:
       (a) A construction and demolition waste landfill.
       (b) An industrial waste landfill.
       (c) A low hazard industrial waste landfill.
       (d) A surface impoundment authorized as an industrial waste
 landfill.
       (e) A landfill that accepts only waste other than household
 waste, municipal solid waste incinerator ash, or hazardous waste
 from conditionally exempt small quantity generators.
       (f) A coal ash landfill.
       (g) Any coal ash impoundment, including, but not limited to,
 the following:
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       (i) An existing coal ash impoundment that is closed as a
 landfill pursuant to R 299.4309 of the MAC.
       (ii) An existing coal ash impoundment where coal ash will
 remain after closure and that will be closed as a landfill pursuant
 to R 299.4309 of the MAC.
       (13) "Vermiculture" means the controlled and managed process
 by which live worms degrade organic materials into worm castings or
 worm humus.
       (14) "Waste diversion center" means property or a building, or
 a portion of property or a building, designated for the purpose of
 receiving or collecting diverted wastes and not used for
 residential purposes.
       (15) "Wood" means trees, branches and associated leaves, bark,
 lumber, pallets, wood chips, sawdust, or other wood or wood product
 but does not include scrap wood, treated wood, painted wood or
 painted wood product, or any wood or wood product that has been
 contaminated during manufacture or use.
       (16) "Wood ash" means any type of ash or slag resulting from
 the burning of wood.
       (17) "Yard waste" 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. Yard waste does not include stumps,
 agricultural wastes, animal waste, roots, sewage sludge, Christmas
 trees or wreaths, food waste, or screened finished compost made
 from yard waste.
       Sec. 11568. (1) The owner or operator of a materials
 utilization facility shall comply with all of the following:
       (a) The owner or operator shall operate the facility in a
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 manner that does not create a nuisance or a hazard to the
 environment, natural resources, or the public health, safety, or
 welfare and shall keep the facility clean and free of litter.
       (b) The Except as otherwise provided in this section, the
 owner or operator shall comply with this act, including parts 31
 and 55, and not create a facility as defined in section 20101.
 However, the owner or operator is not required to take any
 affirmative action to demonstrate that it has not created a
 facility.
       (c) Unless exempted, the owner or operator shall record the
 types and quantities in tons, or cubic yards for composting
 facilities, of material collected, the period of storage before
 utilization or processing, the planning area of origin of the
 material, and where the material is transferred, processed, or
 recycled, or and where any residuals are disposed of, including
 where digestate is applied to land. The owner or operator shall
 report to the department this information for each state fiscal
 year within 45 days after the end of the state fiscal year.calendar
 year by the following January 31. The owner or operator shall
 retain the records for 5 years after the information is reported to
 the department.
       (d) On an annual basis, the weight of solid waste residuals
 shall be less than 15% of the total weight of material received
 unless the requirements of subdivision (b) of the definition of
 materials recovery facility in section 11504 are met.
       (d) (e) The facility shall be operated by personnel who are
 knowledgeable about the safe management of the types of material
 that are accepted and utilized at the facility.
       (e) (f) The owner or operator shall limit access to the
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 facility to a time when a responsible individual is on duty.
       (f) (g) The owner or operator shall not store material
 overnight at the facility except in a secure location and with
 adequate containment to prevent any release of material.
       (g) (h) Within 1 year after material is collected by the
 facility, the material shall be transported from the facility for
 use in production of ultimate end use products or disposal. This
 subdivision does not apply to a composting facility or to digestate
 managed at a registered anaerobic digester.
       (h) (i) The material shall be protected, as appropriate for
 the type of material, from weather, fire, physical damage, and
 vandalism.
       (i) (j) Operations shall not attract or harbor rodents or
 other vectors.
       (j) (k) If salvaging is permitted, salvaged material shall be
 removed from the site at the end of each busin