HOUSE BILL NO. 5923 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11109, 11132, and 11514b (MCL 324.11109, 324.11132, and 324.11514b), section 11109 as added by 2018 PA 689, section 11132 as added by 2018 PA 688, and section 11514b as amended by 2022 PA 245. the people of the state of michigan enact: Sec. 11109. (1) The owner or operator of a landfill shall pay to the department a fee assessed on TENORM disposed of in the landfill before the effective date of the amendatory act that added sections 11132(4)(a) to (d). The fee is $5.00 per ton, based on the quantity of TENORM specified on the monthly operating report. The fee for fractional tons of TENORM shall be proportional. The fee shall be paid within 30 days after the end of each calendar year quarter. (2) The department shall take enforcement action to collect fees that are not paid as required by this section. (3) The landfill owner or operator shall forward to the department the fee revenue due under this section with a completed form that is provided or approved by the department. The owner or operator shall certify that all information provided in the form is accurate. The form shall specify the volume of TENORM disposed of at the landfill during the preceding calendar quarter and the amount of fee revenue being forwarded to the department. (4) The department shall maintain information regarding the fees collected under this section. (5) The TENORM account is created within the environmental pollution prevention fund created in section 11130. The department shall forward fees collected under this section to the state treasurer for deposit in the TENORM account. The state treasurer may receive money or other assets from any other source for deposit into the account. The state treasurer shall direct the investment of the account. The state treasurer shall credit to the account interest and earnings from account investments. Money remaining in the account at the close of the fiscal year shall not lapse to the general fund. (6) Money from the TENORM account shall be expended, upon appropriation, only for 1 or more of the following purposes: (a) To pay refunds to generators under this section. (b) To fund the department's regulation and oversight of the disposal of TENORM previously disposed of in this state and the prohibition on the disposal of TENORM in section 11132. (c) To provide grants to local units of government and landfill operators to obtain equipment to monitor TENORM radiation. Sec. 11132. (1) Except as otherwise provided in this section, a person shall not deliver to a landfill in this state for disposal and the owner or operator of a landfill shall not permit disposal in the landfill of TENORM. with any of the following: (a) A concentration of radium-226 more than 50 picocuries per gram. (b) A concentration of radium-228 more than 50 picocuries per gram. (c) A concentration of lead-210 more than 260 picocuries per gram. (2) Except as otherwise specified in the landfill operating license, the owner or operator of a landfill shall not permit a delivery of TENORM for disposal at the landfill unless the generator has provided the following information in writing to the owner or operator of the landfill: (a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department. (b) An estimate of the total mass of the TENORM. (c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM. (d) The proposed date of delivery. (3) The department may test TENORM proposed to be delivered to a landfill. (2) (4) If requested by the owner or operator of a landfill in an application for the renewal of or a major modification to an operating license, If the department may authorize with conditions and limits authorized in the an operating license the disposal of TENORM with concentrations of radium-226 more than 50 picocuries per gram, radium-228 more than 50 picocuries per gram, or lead-210 more than 260 picocuries per gram, or any combination thereof, but not more than 500 picocuries per gram for each radionuclide, . An the operating license under this part with such an authorization constitutes a license from the state's radiation control authority under part 135 of the public health code, 1978 PA 368, MCL 333.13501 to 333.13537, to possess the TENORM, but not to acquire additional TENORM after the effective date of the amendatory act that added subsections (4)(a) to (d). This subsection applies only if the conditions and procedures for issuance of the operating license under this part are were sufficient to satisfy the licensing requirements of part 135 of the public health code, 1978 PA 368, MCL 333.13501 to 333.13537. (5) A request under subsection (4) shall include all of the following: (a) A radiation safety program that addresses all of the following: (i) Personnel radiation protection. (ii) Worker training. (iii) Radiation surveys. (iv) Radiation instrument calibration. (v) Receipt and disposal of radioactive material. (vi) Emergency procedures. (vii) Record keeping. (b) A report evaluating the risks of exposure to residual radioactivity through all relevant pathways using a generally accepted industry model such as the Argonne National Laboratory RESRAD family of codes or, if approved by the department, another model. The report shall evaluate potential radiation doses to site workers and members of the public during site operation and after site closure. The report shall use reasonable scenarios to evaluate the dose to members of the public. (c) A description of any steps necessary to ensure the annual dose to members of the public during landfill operation and after site closure will be less than 25 millirem. (d) A description of an environmental monitoring program under subsection (6). (3) (6) If TENORM is was disposed at a landfill before the effective date of the amendatory act that added subsections (4)(a) to (d), the operator of the landfill shall conduct a monitoring program that complies with all of the following: (a) Radiological monitoring of site workers and at the landfill property boundary are conducted as specified in the license. (b) Radium-226, radium-228, and lead-210 are included among the parameters analyzed in leachate and groundwater at the frequency specified in the license. (c) Penetrating radiation, radioactivity in air, and radon in air are measured as specified in the operating license if the landfill is was used to dispose of TENORM with a concentration of radium-226 more than 50 picocuries per gram, radium-228 more than 50 picocuries per gram, or lead-210 more than 260 picocuries per gram. (d) Results of all monitoring required under this subsection are included in the environmental monitoring reports required under rules promulgated under this part and the facility operating license. (4) (7) The owner or operator of a landfill shall submit to the department by March 15, each year 2025, a report that summarizes the following information obtained under subsection (2) for all TENORM disposed at the landfill during the previous calendar year2024: (a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department. (b) An estimate of the total mass of the TENORM. (c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM. (d) The dates of delivery. (5) (8) The owner or operator of a landfill shall do both of the following: (a) Ensure that all TENORM is deposited at least 10 feet below the bottom of the future landfill cap. (b) Maintain maintain records of the location and elevation of TENORM disposed of at the landfill before the effective date of the amendatory act that added subsections (4)(a) to (d). Sec. 11514b. (1) A person shall not deliver to a type II landfill in this state for disposal and the owner or operator of a type II landfill shall not permit disposal in the landfill of technologically enhanced naturally occurring radioactive material. with any of the following: (a) A concentration of radium-226 more than 50 picocuries per gram. (b) A concentration of radium-228 more than 50 picocuries per gram. (c) A concentration of lead-210 more than 260 picocuries per gram. (2) The owner or operator of a type II landfill shall not permit a delivery of TENORM for disposal at the landfill unless the generator has provided the following information in writing to the owner or operator of the landfill: (a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department. (b) An estimate of the total mass of the TENORM. (c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM. (d) The proposed date of delivery. (3) The department may test TENORM proposed to be delivered to a landfill. (2) (4) Within 45 days after the end of each state fiscal year,years ending September 30, 2024 and September 30, 2025, the owner or operator of a type II landfill shall submit to the department an annual a report that summarizes the information obtained under subsection (2) following for all TENORM disposed at the landfill during the previous state fiscal year: (a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department. (b) An estimate of the total mass of the TENORM. (c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM. (d) The proposed date of delivery. (3) (5) The owner or operator of a type II landfill that disposes of TENORM with a concentration of radium-226 more than 25 picocuries per gram, a concentration of radium-228 more than 25 picocuries per gram, or a concentration of lead-210 more than 25 picocuries per gram shall do all of the following: (a) Ensure that all TENORM is deposited at least 10 feet below the bottom of the future landfill cap. (b) Maintain records of the location and elevation of TENORM disposed of at the landfill. (c) Conduct a monitoring program that complies with all of the following: (i) Radiological monitoring of site workers and at the landfill property boundary are conducted as specified in the license. (ii) Radium-226, radium-228, and lead-210 are included among the parameters analyzed in leachate and groundwater at the frequency specified in the license. (iii) Results of all monitoring required under this subsection are included in the environmental monitoring reports required under rules promulgated under this part and the facility operating license. (4) (6) As used in this section, "technologically enhanced naturally occurring radioactive material" or "TENORM" means naturally occurring radioactive material whose radionuclide concentrations have been increased as a result of human practices. TENORM does not include any of the following: (a) Source material, as defined in section 11 of the atomic energy act of 1954, 42 USC 2014, and its progeny in equilibrium. (b) Material with concentrations of radium-226, radium-228, and lead-210 each less than 5 picocuries per gram.
HOUSE BILL NO. 5923
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11109, 11132, and 11514b (MCL 324.11109, 324.11132, and 324.11514b), section 11109 as added by 2018 PA 689, section 11132 as added by 2018 PA 688, and section 11514b as amended by 2022 PA 245.
the people of the state of michigan enact:
Sec. 11109. (1) The owner or operator of a landfill shall pay to the department a fee assessed on TENORM disposed of in the landfill before the effective date of the amendatory act that added sections 11132(4)(a) to (d). The fee is $5.00 per ton, based on the quantity of TENORM specified on the monthly operating report. The fee for fractional tons of TENORM shall be proportional. The fee shall be paid within 30 days after the end of each calendar year quarter.
(2) The department shall take enforcement action to collect fees that are not paid as required by this section.
(3) The landfill owner or operator shall forward to the department the fee revenue due under this section with a completed form that is provided or approved by the department. The owner or operator shall certify that all information provided in the form is accurate. The form shall specify the volume of TENORM disposed of at the landfill during the preceding calendar quarter and the amount of fee revenue being forwarded to the department.
(4) The department shall maintain information regarding the fees collected under this section.
(5) The TENORM account is created within the environmental pollution prevention fund created in section 11130. The department shall forward fees collected under this section to the state treasurer for deposit in the TENORM account. The state treasurer may receive money or other assets from any other source for deposit into the account. The state treasurer shall direct the investment of the account. The state treasurer shall credit to the account interest and earnings from account investments. Money remaining in the account at the close of the fiscal year shall not lapse to the general fund.
(6) Money from the TENORM account shall be expended, upon appropriation, only for 1 or more of the following purposes:
(a) To pay refunds to generators under this section.
(b) To fund the department's regulation and oversight of the disposal of TENORM previously disposed of in this state and the prohibition on the disposal of TENORM in section 11132.
(c) To provide grants to local units of government and landfill operators to obtain equipment to monitor TENORM radiation.
Sec. 11132. (1) Except as otherwise provided in this section, a person shall not deliver to a landfill in this state for disposal and the owner or operator of a landfill shall not permit disposal in the landfill of TENORM. with any of the following:
(a) A concentration of radium-226 more than 50 picocuries per gram.
(b) A concentration of radium-228 more than 50 picocuries per gram.
(c) A concentration of lead-210 more than 260 picocuries per gram.
(2) Except as otherwise specified in the landfill operating license, the owner or operator of a landfill shall not permit a delivery of TENORM for disposal at the landfill unless the generator has provided the following information in writing to the owner or operator of the landfill:
(a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department.
(b) An estimate of the total mass of the TENORM.
(c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM.
(d) The proposed date of delivery.
(3) The department may test TENORM proposed to be delivered to a landfill.
(2) (4) If requested by the owner or operator of a landfill in an application for the renewal of or a major modification to an operating license, If the department may authorize with conditions and limits authorized in the an operating license the disposal of TENORM with concentrations of radium-226 more than 50 picocuries per gram, radium-228 more than 50 picocuries per gram, or lead-210 more than 260 picocuries per gram, or any combination thereof, but not more than 500 picocuries per gram for each radionuclide, . An the operating license under this part with such an authorization constitutes a license from the state's radiation control authority under part 135 of the public health code, 1978 PA 368, MCL 333.13501 to 333.13537, to possess the TENORM, but not to acquire additional TENORM after the effective date of the amendatory act that added subsections (4)(a) to (d). This subsection applies only if the conditions and procedures for issuance of the operating license under this part are were sufficient to satisfy the licensing requirements of part 135 of the public health code, 1978 PA 368, MCL 333.13501 to 333.13537.
(5) A request under subsection (4) shall include all of the following:
(a) A radiation safety program that addresses all of the following:
(i) Personnel radiation protection.
(ii) Worker training.
(iii) Radiation surveys.
(iv) Radiation instrument calibration.
(v) Receipt and disposal of radioactive material.
(vi) Emergency procedures.
(vii) Record keeping.
(b) A report evaluating the risks of exposure to residual radioactivity through all relevant pathways using a generally accepted industry model such as the Argonne National Laboratory RESRAD family of codes or, if approved by the department, another model. The report shall evaluate potential radiation doses to site workers and members of the public during site operation and after site closure. The report shall use reasonable scenarios to evaluate the dose to members of the public.
(c) A description of any steps necessary to ensure the annual dose to members of the public during landfill operation and after site closure will be less than 25 millirem.
(d) A description of an environmental monitoring program under subsection (6).
(3) (6) If TENORM is was disposed at a landfill before the effective date of the amendatory act that added subsections (4)(a) to (d), the operator of the landfill shall conduct a monitoring program that complies with all of the following:
(a) Radiological monitoring of site workers and at the landfill property boundary are conducted as specified in the license.
(b) Radium-226, radium-228, and lead-210 are included among the parameters analyzed in leachate and groundwater at the frequency specified in the license.
(c) Penetrating radiation, radioactivity in air, and radon in air are measured as specified in the operating license if the landfill is was used to dispose of TENORM with a concentration of radium-226 more than 50 picocuries per gram, radium-228 more than 50 picocuries per gram, or lead-210 more than 260 picocuries per gram.
(d) Results of all monitoring required under this subsection are included in the environmental monitoring reports required under rules promulgated under this part and the facility operating license.
(4) (7) The owner or operator of a landfill shall submit to the department by March 15, each year 2025, a report that summarizes the following information obtained under subsection (2) for all TENORM disposed at the landfill during the previous calendar year2024:
(a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department.
(b) An estimate of the total mass of the TENORM.
(c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM.
(d) The dates of delivery.
(5) (8) The owner or operator of a landfill shall do both of the following:
(a) Ensure that all TENORM is deposited at least 10 feet below the bottom of the future landfill cap.
(b) Maintain maintain records of the location and elevation of TENORM disposed of at the landfill before the effective date of the amendatory act that added subsections (4)(a) to (d).
Sec. 11514b. (1) A person shall not deliver to a type II landfill in this state for disposal and the owner or operator of a type II landfill shall not permit disposal in the landfill of technologically enhanced naturally occurring radioactive material. with any of the following:
(a) A concentration of radium-226 more than 50 picocuries per gram.
(b) A concentration of radium-228 more than 50 picocuries per gram.
(c) A concentration of lead-210 more than 260 picocuries per gram.
(2) The owner or operator of a type II landfill shall not permit a delivery of TENORM for disposal at the landfill unless the generator has provided the following information in writing to the owner or operator of the landfill:
(a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department.
(b) An estimate of the total mass of the TENORM.
(c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM.
(d) The proposed date of delivery.
(3) The department may test TENORM proposed to be delivered to a landfill.
(2) (4) Within 45 days after the end of each state fiscal year,years ending September 30, 2024 and September 30, 2025, the owner or operator of a type II landfill shall submit to the department an annual a report that summarizes the information obtained under subsection (2) following for all TENORM disposed at the landfill during the previous state fiscal year:
(a) The concentrations of radium-226, radium-228, lead-210, and any other radionuclide identified using gamma spectroscopy, or an equivalent analytical method, in the TENORM based on techniques for representative sampling and waste characterization approved by the department.
(b) An estimate of the total mass of the TENORM.
(c) An estimate of the total radium-226 activity, the total radium-228 activity, and the total lead-210 activity of the TENORM.
(d) The proposed date of delivery.
(3) (5) The owner or operator of a type II landfill that disposes of TENORM with a concentration of radium-226 more than 25 picocuries per gram, a concentration of radium-228 more than 25 picocuries per gram, or a concentration of lead-210 more than 25 picocuries per gram shall do all of the following:
(a) Ensure that all TENORM is deposited at least 10 feet below the bottom of the future landfill cap.
(b) Maintain records of the location and elevation of TENORM disposed of at the landfill.
(c) Conduct a monitoring program that complies with all of the following:
(i) Radiological monitoring of site workers and at the landfill property boundary are conducted as specified in the license.
(ii) Radium-226, radium-228, and lead-210 are included among the parameters analyzed in leachate and groundwater at the frequency specified in the license.
(iii) Results of all monitoring required under this subsection are included in the environmental monitoring reports required under rules promulgated under this part and the facility operating license.
(4) (6) As used in this section, "technologically enhanced naturally occurring radioactive material" or "TENORM" means naturally occurring radioactive material whose radionuclide concentrations have been increased as a result of human practices. TENORM does not include any of the following:
(a) Source material, as defined in section 11 of the atomic energy act of 1954, 42 USC 2014, and its progeny in equilibrium.
(b) Material with concentrations of radium-226, radium-228, and lead-210 each less than 5 picocuries per gram.