Bill Text: MI SB1034 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Environmental protection; landfills; disposal of radioactive fracking waste in landfills; prohibit. Amends sec. 11514 of 1994 PA 451 (MCL 324.11514) & adds sec. 11105a.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-09-09 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB1034 Detail]

Download: Michigan-2013-SB1034-Introduced.html

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SENATE BILL No. 1034

 

 

September 9, 2014, Introduced by Senator HOPGOOD 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 section 11105a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11105a. (1) 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 radioactive waste from hydraulic

 

fracturing operations.

 

     (2) As used in this section, "hydraulic fracturing" means

 

injecting foam or fluid in a well under pressure to create

 

fractures in a formation and thereby enhance production of

 

hydrocarbons.

 

     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.

 

     (i) Radioactive waste from hydraulic fracturing operations. As

 

used in this subdivision, "hydraulic fracturing" means injecting

 

foam or fluid in a well under pressure to create fractures in a

 

formation and thereby enhance production of hydrocarbons.

 

     (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) 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.