MI
Michigan House Bill HB4257

Michigan 2025-2026 Regular Session

Michigan House Bill HB4257 Compare Versions

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11 HOUSE BILL NO. 4257 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502 and 11503 (MCL 324.11502 and 324.11503), as amended by 2022 PA 243. 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: (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.used for anaerobic digestion. (4) "Anaerobic digester digestate" or "digestate" means the product, other than biogas, remaining after the anaerobic digestion is complete, whether or not any liquid portion and any solid portion have been separated. (5) "Anaerobic digestion" means the use of microorganisms in a controlled environment to break down biodegradable material in the absence of oxygen, producing biogas and another product. (6) (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. (7) (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. (8) (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 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. (9) (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. (10) (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. (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. (11) (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. (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. (12) (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, 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. (13) (11) "Beneficial use 5" means blended with inert materials or with compost and used to manufacture soil. (14) (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) 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. (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. (15) (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. (16) (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. (17) (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. (18) (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 waste generated only by the owner of the landfill or coal ash impoundment. (19) (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). (20) (18) "Cement kiln dust" means particulate matter collected in air emission control devices serving Portland cement kilns. (21) (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. (22) (20) "Certified health department" means a city, county, or district department of health certified under section 11507a. (23) (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 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. (24) (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. (25) (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. (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. (26) (24) "Class 1 composting facility" means a composting facility where only class 1 compostable material is composted. (27) (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. (28) (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. (29) (27) "Coal ash", subject to subsection (28), (30), 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, coal bottom ash, fly ash, boiler slag, flue gas desulfurization materials, or fluidized-bed combustion ash. (b) Residuals removed from coal ash impoundments. (30) (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, Portland cement, or cement kiln dust. (c) A combination of class C fly ash and class F fly ash under ASTM C618-12A if that combination forms a pozzolanic-stabilized mixture by being blended with lime, Portland cement, or cement kiln dust and is used as a road base, soil stabilizer, or road shoulder material under beneficial use 2. (31) (29) "Coal ash impoundment" means a natural topographic depression, man-made excavation, or diked area that is designed to hold and, after October 14, 2015, accepted an accumulation of coal ash and liquids or other materials approved by the department for treatment, storage, or disposal and did not receive department approval of its closure. A coal ash impoundment in existence before October 14, 2015 that receives waste after December 28, 2018, and that does not have a permit pursuant to part 31, is considered an open dump beginning December 28, 2020 unless the owner or operator has completed closure of the coal ash impoundment under section 11519b or obtained an operating license for the coal ash impoundment. Coal ash impoundment includes an existing coal ash impoundment. (32) (30) "Coal ash landfill" means a landfill that is used for the disposal of coal ash and may also be used for the disposal of inert materials and construction material used for purposes of meeting the definition of beneficial use 4, or other materials approved by the department. (33) (31) "Coal bottom ash" means ash particles from the combustion of coal that are too large to be carried in flue gases and that collect on furnace walls or at the bottom of the furnace. (34) (32) "Collection center" means a tract of land, building, unit, or appurtenance or combination thereof that is used to collect junk motor vehicles and farm implements under section 11530. (35) (33) "Commercial waste", subject to subsection (34), (36), means solid waste generated by nonmanufacturing activities, including, but not limited to, solid waste from any of the following: (a) Stores. (b) Offices. (c) Restaurants. (d) Warehouses. (e) Multifamily dwellings. (f) Hotels and motels. (g) Bunkhouses. (h) Ranger stations. (i) Crew quarters. (j) Campgrounds. (k) Picnic grounds. (l) Day use recreation areas. (m) Hospitals. (n) Schools. (36) (34) Commercial waste does not include household waste, hazardous waste, or industrial waste. (37) (35) "Compost additive" means any of the following materials if added to finished compost to improve the quality of the finished compost: (a) Products designed to enhance finished compost. (b) Sugar beet limes. (c) Wood ash. (d) Drywall. (e) Synthetic gypsum. (f) Other materials approved by the department. (38) (36) "Compostable material" means organic material that can be converted to finished compost. Compostable material comprises class 1 compostable material and class 2 compostable material. (39) (37) "Compostable products" means utensils, food service containers, and other packaging and products that are certified by the Biodegradable Products Institute or an equivalent, recognized, third-party, independent verification body, as meeting either of the following requirements: (a) ASTM D6400, "Standard Specification for Labeling of Plastics Designed to Be Aerobically Composted in Municipal or Industrial Facilities", by ASTM International. (b) ASTM D6868, "Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to Be Aerobically Composted in Municipal or Industrial Facilities", by ASTM International. (40) (38) "Composting" means a process of biological decomposition of class 1 compostable material or class 2 compostable material that meets the following requirements: (a) Is carried out as provided in either of the following: (i) In a system using vermiculture. (ii) Under controlled aerobic conditions using mechanical handling techniques such as physical turning, windrowing, or aeration or using other management techniques approved by the department. For the purposes of this subparagraph, aerobic conditions may include the presence of insignificant anaerobic zones within the composting material. (b) Stabilizes the organic fraction into a material that can be stored, handled, and used easily, safely, and in an environmentally acceptable manner. (41) (39) "Composting facility" means a facility where composting occurs. However, composting facility does not include a site where only composting described in section 11555(1)(a), (b), or (e) occurs. (42) (40) "Consistency review" means evaluation of the administrative and technical components of an application for a permit or license or evaluation of operating conditions in the course of inspection, for the purpose of determining consistency with the requirements of part 115 and approved plans and specifications. (43) (41) "Corrective action" means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of constituents, as defined in a materials management facility's approved hydrogeological monitoring plan, released into the environment from a materials management facility, or the taking of other actions related to the release as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources that is consistent with subtitle D of the solid waste disposal act, 42 USC 6941 to 6949a, and regulations promulgated thereunder. (44) (42) "County approval agency" or "CAA" means the county board of commissioners, the municipalities in the county, or the regional planning agency, whichever submits a notice of intent to prepare a materials management plan under section 11571. (45) (43) "County board of commissioners" means the county board of commissioners or the elected county executive, as appropriate. (46) (44) "Custodial care" includes all of the following: (a) Preventing deep-rooted vegetation from establishing on the final cover. (b) Repairing erosion damage on the final cover. (c) Maintaining stormwater controls. (d) Maintaining limited access to the site. Sec. 11503. (1) "De minimis" refers to a small amount of material or number of items, as applicable, incidentally commingled with inert material for beneficial use by-products or with source separated material or incidentally disposed of with other solid waste. (2) "Department", subject to section 11554, means the department of environment, Great Lakes, and energy. (3) "Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, or coatings. (4) "Designated planning agency" or "DPA" means the planning agency designated under section 11571(10). Designated planning agency does not mean a regional planning agency unless the county approval agency identifies the regional planning agency as the DPA. (5) "Director" means the director of the department. (6) "Discharge" includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a substance into the environment that is or may become injurious to the environment, natural resources, or the public health, safety, or welfare. (7) "Disposal area", subject to section sections 11555(6) and 11568(8), means 1 or more of the following that accepts solid waste at a location as defined by the boundary identified in its construction permit, in engineering plans approved by the department, or in a notification or registration: (a) A solid waste processing and transfer facility. (b) A municipal solid waste incinerator. (c) A landfill. (d) A coal ash impoundment. (e) Any other solid waste handling or disposal facility utilized in the disposal of solid waste, as determined by the department. (8) "Diverted waste" means waste that meets all of the following requirements: (a) Is generated by households, businesses, or governmental entities. (b) Can lawfully be disposed of at a licensed landfill or municipal solid waste incinerator. (c) Is separated from other waste. (d) Is 1 or more of the following: (i) Hazardous material. (ii) Liquid waste. (iii) Pharmaceuticals. (iv) Electronics. (v) Batteries. (vi) Light bulbs. (vii) Pesticides. (viii) Thermostats, switches, thermometers, or other devices that contain elemental mercury. (ix) Sharps. (x) Other waste approved by the department that can be readily separated from solid waste for diversion to preferred methods of management and disposal. (9) "Enforceable mechanism" means a legal method that authorizes this state, a county, a municipality, or another person to take action to guarantee compliance with a materials management plan. Enforceable mechanisms include agreements, laws, ordinances, rules, and regulations. (10) "EPA" means the United States Environmental Protection Agency. (11) "Escrow account" means an account that is managed by a bank or other financial institution whose account operations are regulated and examined by a federal or state agency and that complies with section 11523b. (12) "Existing coal ash impoundment" means a coal ash impoundment that received coal ash before December 28, 2018, and that, as of that date, had not initiated elements of closure that include dewatering, stabilizing residuals, or placement of an engineered cover or otherwise closed pursuant to its part 31 permit or pursuant to R 299.4309 of the MAC and, therefore, is capable of receiving coal ash in the future. A coal ash impoundment that has initiated closure is considered an open dump unless the owner or operator has completed closure of the coal ash impoundment under section 11519b or obtained an operating license for the coal ash impoundment by December 28, 2020. (13) "Existing coal ash landfill" means a coal ash landfill to which either of the following applies: (a) The landfill received coal ash both before and after October 19, 2015. (b) Construction of the landfill commenced before October 19, 2015, and the landfill received coal ash on or after October 19, 2015. For the purposes of this subdivision, construction of a landfill commenced before October 19, 2015 if both of the following requirements were met before that date: (i) The owner or operator obtained the federal, state, and local approvals or permits necessary to begin physical construction. (ii) A continuous, on-site physical construction program began. (14) "Existing disposal area" means any of the following: (a) A disposal area that has in effect a construction permit under this part. (b) A disposal area that had engineering plans approved by the director before January 11, 1979. (c) An industrial waste landfill that was authorized to operate by the director or by court order before October 9, 1993. (d) An industrial waste pile that was located at the site of generation on October 9, 1993. (e) An existing coal ash impoundment. (15) "Existing landfill unit" or "existing unit" means any landfill unit that received solid waste on or before October 9, 1993. (16) "Farm" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472. (17) "Farm operation" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472. (18) "Fats, oils, or greases" means organic polar compounds that meet all of the following requirements: (a) Contain multiple carbon chain triglyceride molecules. (b) Are derived from animal or plant sources. (c) Are generated at food manufacturing and food service establishments. (d) Are generated by-products from food preparation activities. (19) "Financial assurance" means the mechanisms used to demonstrate that the funds necessary to meet the cost of closure, postclosure maintenance and monitoring, and corrective action will be available to the department whenever they are needed for those purposes. (20) "Financial test" means a corporate or local government financial test or guarantee approved under subtitle D of the solid waste disposal act, 42 USC 6941 to 6949a and regulations promulgated thereunder. An owner or operator may use a single financial test for more than 1 facility. Information submitted to the department to document compliance with the financial test shall include a list showing the name and address of each facility and the amount of funds assured by the financial test for each facility. For purposes of the financial test, the owner or operator shall aggregate the sum of the closure, postclosure, and corrective action costs it seeks to assure with any other environmental obligations assured by a financial test under state or federal law. (21) "Finished compost" means organic matter that meets all of the following requirements: (a) Has undergone biological decomposition and has been stabilized to a degree that is beneficial to plant growth without creating a nuisance. (b) Is used or sold for use as a soil amendment, fertilizer, topsoil blend, growing medium amendment, or other similar use. (c) With any compost additives, does not contain more than 1%, by weight, of foreign matter that will remain on a 4-millimeter screen or more than a de minimis amount of viable weed seeds. (22) "Flue gas desulfurization material" means the material recovered from air pollution control systems that capture sulfur dioxide from the combustion of wood, coal, or fossil fuels, or other combustible materials, if the other combustible materials constitute less than 50% by weight of the total material combusted and the department determines in writing that the other combustible materials do not materially affect the character of the residue. Flue gas desulfurization material includes synthetic gypsum. (23) "Food processing residuals" means any of the following: (a) Residuals of fruits, vegetables, aquatic plants, or field crops, including such residuals generated by a brewery or distillery. (b) Otherwise unusable parts of fruits, vegetables, aquatic plants, or field crops from the processing thereof. (c) Otherwise unusable food products that do not meet size, quality, or other product specifications and that were intended for human or animal consumption. (24) "Food waste" means an accumulation of animal or vegetable matter that was used or intended for human or animal food or that results from the preparation, use, cooking, dealing in, or storing of animal or vegetable matter for human or animal food if the accumulation is or is intended to be discarded. Food waste does not include fats, oils, or greases. (25) "Foreign matter" means organic and inorganic constituents, other than sticks and stones, that will not readily decompose during composting and do not aid in producing compost, including glass, textiles, rubber, metal, ceramics, noncompostable plastic, and painted, laminated, or treated wood. (26) "Foundry sand" means silica sand used in the metal casting process, including binding material or carbonaceous additives, from ferrous or nonferrous foundries. (27) "Functional stability" means the stage at which a landfill does not pose a significant risk to the environment, natural resources, or the public health, safety, or welfare at a point of exposure, in the absence of active control systems. (28) "GAAMPS" means generally accepted agricultural and management practices under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474. (29) "Gasification" means a manufacturing process in which post-use polymers are heated in an oxygen-controlled atmosphere and converted to syngas (carbon monoxide (CO) and hydrogen (H2)) and the syngas is converted into valuable raw materials or intermediate or final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, coatings, and plastic and chemical feedstocks. (30) "General permit" means a permit that does both of the following: (a) Covers a category of activities that the department determines will not negatively impact public health, safety, or welfare and will not have more than minimal short-term adverse impacts on the environment or natural resources. (b) Includes requirements for a site plan, an operations plan, a facility final closure plan, and financial assurance. (31) "General use compost" means finished compost that is produced from 1 of the following: (a) Class 1 compostable material. (b) Class 2 compostable material, including any combination of class 1 compostable material and class 2 compostable material, that meets the requirements listed in section 11553(5). Enacting section 1. This amendatory act does not take effect unless House Bill No. 4265 (request no. H01604'25) of the 103rd Legislature is enacted into law.
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2323 HOUSE BILL NO. 4257
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2727 A bill to amend 1994 PA 451, entitled
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2929 "Natural resources and environmental protection act,"
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3131 by amending sections 11502 and 11503 (MCL 324.11502 and 324.11503), as amended by 2022 PA 243.
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3333 the people of the state of michigan enact:
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3535 Sec. 11502. (1) "Agreement" means a written contract.
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3737 (2) "Agronomic rate" means a rate that meets both of the following requirements:
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3939 (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.
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4141 (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.
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4343 (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.used for anaerobic digestion.
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4545 (4) "Anaerobic digester digestate" or "digestate" means the product, other than biogas, remaining after the anaerobic digestion is complete, whether or not any liquid portion and any solid portion have been separated.
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4747 (5) "Anaerobic digestion" means the use of microorganisms in a controlled environment to break down biodegradable material in the absence of oxygen, producing biogas and another product.
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4949 (6) (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.
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5151 (7) (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.
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5353 (8) (6) "Benchmark recycling standards" means all of the following requirements:
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5555 (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:
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5757 (i) One or more recyclable materials, as determined by the county's material management plan, that are typically collected through curbside recycling programs, are collected at least twice per month.
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5959 (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.
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6161 (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.
6262
6363 (iv) The curbside recycling is provided by the municipality or the resident has access to curbside recycling by the resident's chosen hauler.
6464
6565 (b) By January 1, 2032, the following additional criteria:
6666
6767 (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.
6868
6969 (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.
7070
7171 (9) (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.
7272
7373 (10) (8) "Beneficial use 2" means use as any of the following:
7474
7575 (a) Construction fill at nonresidential property that meets all of the following requirements:
7676
7777 (i) Is placed at least 4 feet above the seasonal groundwater table.
7878
7979 (ii) Does not come into contact with a surface water body.
8080
8181 (iii) Is covered by concrete, asphalt pavement, or other material approved by the department.
8282
8383 (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.
8484
8585 (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.
8686
8787 (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.
8888
8989 (11) (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:
9090
9191 (a) The material is applied at an agronomic rate consistent with GAAMPS.
9292
9393 (b) The use, placement, or storage at the location of use does not do any of the following:
9494
9595 (i) Violate part 55 or create a nuisance.
9696
9797 (ii) Cause groundwater to no longer be fit for 1 or more protected uses as defined in R 323.2202 of the MAC.
9898
9999 (iii) Cause a violation of a part 31 surface water quality standard.
100100
101101 (12) (10) "Beneficial use 4" means any of the following uses:
102102
103103 (a) To stabilize, neutralize, solidify, or otherwise treat waste for ultimate disposal at a facility licensed under this part or part 111.
104104
105105 (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, at a private or publicly owned wastewater treatment plant.
106106
107107 (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.
108108
109109 (d) As construction material at a landfill licensed under this part.
110110
111111 (e) As alternate daily cover at a licensed landfill in compliance with an operational plan approved pursuant to R 299.4429 of the MAC.
112112
113113 (13) (11) "Beneficial use 5" means blended with inert materials or with compost and used to manufacture soil.
114114
115115 (14) (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) are met:
116116
117117 (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.
118118
119119 (b) Pulp and paper mill ash used for beneficial use 1, 2, 3, or 4.
120120
121121 (c) Mixed wood ash used for beneficial use 1, 2, 3, or 4.
122122
123123 (d) Cement kiln dust used as a flue gas scrubbing reagent or for beneficial use 1, 2, 3, or 4.
124124
125125 (e) Lime kiln dust used as a flue gas scrubbing reagent or for beneficial use 1, 2, 3, or 4.
126126
127127 (f) Stamp sands used for beneficial use 1 or 2.
128128
129129 (g) Foundry sand from ferrous or aluminum foundries used for beneficial use 1, 2, 3, 4, or 5.
130130
131131 (h) Pulp and paper mill material, other than the following, used for beneficial use 3:
132132
133133 (i) Rejects, from screens, cleaners, and mills dispersion equipment, containing more than de minimis amounts of plastic.
134134
135135 (ii) Scrap paper.
136136
137137 (i) Spent media from sandblasting, with uncontaminated sand, newly manufactured, unpainted steel used for beneficial use 1 or 2.
138138
139139 (j) Dewatered concrete grinding slurry from public transportation agency road projects used for beneficial use 1, 2, 3, or 4.
140140
141141 (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.
142142
143143 (l) Soil washed or otherwise removed from sugar beets that is used for beneficial use 3.
144144
145145 (m) Segregated flue gas desulfurization material used for beneficial use 1 or 3.
146146
147147 (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.
148148
149149 (15) (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:
150150
151151 (a) A soft drink, soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drink.
152152
153153 (b) A beer, ale, or other malt drink of whatever alcoholic content.
154154
155155 (c) A mixed wine drink or a mixed spirit drink.
156156
157157 (16) (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.
158158
159159 (17) (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.
160160
161161 (18) (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 waste generated only by the owner of the landfill or coal ash impoundment.
162162
163163 (19) (17) "Captive type III landfill" means a type III landfill that meets either of the following requirements:
164164
165165 (a) Accepts for disposal only nonhazardous industrial waste generated only by the owner of the landfill.
166166
167167 (b) Is a nonhazardous industrial waste landfill described in section 11525(4)(a), (b), or (c).
168168
169169 (20) (18) "Cement kiln dust" means particulate matter collected in air emission control devices serving Portland cement kilns.
170170
171171 (21) (19) "Certificate of deposit" means a certificate of deposit that meets all of the following requirements:
172172
173173 (a) Is negotiable.
174174
175175 (b) Is held by a bank or other financial institution regulated and examined by a state or federal agency.
176176
177177 (c) Is fully insured by an agency of the United States government.
178178
179179 (d) Is in the sole name of the department.
180180
181181 (e) Has a maturity date of not less than 1 year.
182182
183183 (f) Is renewed not later than 60 days before the maturity date.
184184
185185 (22) (20) "Certified health department" means a city, county, or district department of health certified under section 11507a.
186186
187187 (23) (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 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.
188188
189189 (24) (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.
190190
191191 (25) (23) "Class 1 compostable material" means any of the following:
192192
193193 (a) Yard waste.
194194
195195 (b) Wood.
196196
197197 (c) Food waste.
198198
199199 (d) Paper products.
200200
201201 (e) Manure or animal bedding.
202202
203203 (f) Anaerobic digester digestate that does not contain free liquids.
204204
205205 (g) Compostable products.
206206
207207 (h) Dead animals unless infectious or managed under 1982 PA 239, MCL 287.651 to 287.683.
208208
209209 (i) Spent grain from breweries.
210210
211211 (j) Paunch.
212212
213213 (k) Food processing residuals.
214214
215215 (l) Aquatic plants.
216216
217217 (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.
218218
219219 (n) A mixture of any of these materials.
220220
221221 (26) (24) "Class 1 composting facility" means a composting facility where only class 1 compostable material is composted.
222222
223223 (27) (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.
224224
225225 (28) (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.
226226
227227 (29) (27) "Coal ash", subject to subsection (28), (30), means any of the following:
228228
229229 (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, coal bottom ash, fly ash, boiler slag, flue gas desulfurization materials, or fluidized-bed combustion ash.
230230
231231 (b) Residuals removed from coal ash impoundments.
232232
233233 (30) (28) For beneficial use 2, coal ash does not include coal fly ash except for the following if used at nonresidential property:
234234
235235 (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.
236236
237237 (b) Class F fly ash under ASTM C618-12A, if that fly ash forms a pozzolanic-stabilized mixture by being blended with lime, Portland cement, or cement kiln dust.
238238
239239 (c) A combination of class C fly ash and class F fly ash under ASTM C618-12A if that combination forms a pozzolanic-stabilized mixture by being blended with lime, Portland cement, or cement kiln dust and is used as a road base, soil stabilizer, or road shoulder material under beneficial use 2.
240240
241241 (31) (29) "Coal ash impoundment" means a natural topographic depression, man-made excavation, or diked area that is designed to hold and, after October 14, 2015, accepted an accumulation of coal ash and liquids or other materials approved by the department for treatment, storage, or disposal and did not receive department approval of its closure. A coal ash impoundment in existence before October 14, 2015 that receives waste after December 28, 2018, and that does not have a permit pursuant to part 31, is considered an open dump beginning December 28, 2020 unless the owner or operator has completed closure of the coal ash impoundment under section 11519b or obtained an operating license for the coal ash impoundment. Coal ash impoundment includes an existing coal ash impoundment.
242242
243243 (32) (30) "Coal ash landfill" means a landfill that is used for the disposal of coal ash and may also be used for the disposal of inert materials and construction material used for purposes of meeting the definition of beneficial use 4, or other materials approved by the department.
244244
245245 (33) (31) "Coal bottom ash" means ash particles from the combustion of coal that are too large to be carried in flue gases and that collect on furnace walls or at the bottom of the furnace.
246246
247247 (34) (32) "Collection center" means a tract of land, building, unit, or appurtenance or combination thereof that is used to collect junk motor vehicles and farm implements under section 11530.
248248
249249 (35) (33) "Commercial waste", subject to subsection (34), (36), means solid waste generated by nonmanufacturing activities, including, but not limited to, solid waste from any of the following:
250250
251251 (a) Stores.
252252
253253 (b) Offices.
254254
255255 (c) Restaurants.
256256
257257 (d) Warehouses.
258258
259259 (e) Multifamily dwellings.
260260
261261 (f) Hotels and motels.
262262
263263 (g) Bunkhouses.
264264
265265 (h) Ranger stations.
266266
267267 (i) Crew quarters.
268268
269269 (j) Campgrounds.
270270
271271 (k) Picnic grounds.
272272
273273 (l) Day use recreation areas.
274274
275275 (m) Hospitals.
276276
277277 (n) Schools.
278278
279279 (36) (34) Commercial waste does not include household waste, hazardous waste, or industrial waste.
280280
281281 (37) (35) "Compost additive" means any of the following materials if added to finished compost to improve the quality of the finished compost:
282282
283283 (a) Products designed to enhance finished compost.
284284
285285 (b) Sugar beet limes.
286286
287287 (c) Wood ash.
288288
289289 (d) Drywall.
290290
291291 (e) Synthetic gypsum.
292292
293293 (f) Other materials approved by the department.
294294
295295 (38) (36) "Compostable material" means organic material that can be converted to finished compost. Compostable material comprises class 1 compostable material and class 2 compostable material.
296296
297297 (39) (37) "Compostable products" means utensils, food service containers, and other packaging and products that are certified by the Biodegradable Products Institute or an equivalent, recognized, third-party, independent verification body, as meeting either of the following requirements:
298298
299299 (a) ASTM D6400, "Standard Specification for Labeling of Plastics Designed to Be Aerobically Composted in Municipal or Industrial Facilities", by ASTM International.
300300
301301 (b) ASTM D6868, "Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to Be Aerobically Composted in Municipal or Industrial Facilities", by ASTM International.
302302
303303 (40) (38) "Composting" means a process of biological decomposition of class 1 compostable material or class 2 compostable material that meets the following requirements:
304304
305305 (a) Is carried out as provided in either of the following:
306306
307307 (i) In a system using vermiculture.
308308
309309 (ii) Under controlled aerobic conditions using mechanical handling techniques such as physical turning, windrowing, or aeration or using other management techniques approved by the department. For the purposes of this subparagraph, aerobic conditions may include the presence of insignificant anaerobic zones within the composting material.
310310
311311 (b) Stabilizes the organic fraction into a material that can be stored, handled, and used easily, safely, and in an environmentally acceptable manner.
312312
313313 (41) (39) "Composting facility" means a facility where composting occurs. However, composting facility does not include a site where only composting described in section 11555(1)(a), (b), or (e) occurs.
314314
315315 (42) (40) "Consistency review" means evaluation of the administrative and technical components of an application for a permit or license or evaluation of operating conditions in the course of inspection, for the purpose of determining consistency with the requirements of part 115 and approved plans and specifications.
316316
317317 (43) (41) "Corrective action" means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of constituents, as defined in a materials management facility's approved hydrogeological monitoring plan, released into the environment from a materials management facility, or the taking of other actions related to the release as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources that is consistent with subtitle D of the solid waste disposal act, 42 USC 6941 to 6949a, and regulations promulgated thereunder.
318318
319319 (44) (42) "County approval agency" or "CAA" means the county board of commissioners, the municipalities in the county, or the regional planning agency, whichever submits a notice of intent to prepare a materials management plan under section 11571.
320320
321321 (45) (43) "County board of commissioners" means the county board of commissioners or the elected county executive, as appropriate.
322322
323323 (46) (44) "Custodial care" includes all of the following:
324324
325325 (a) Preventing deep-rooted vegetation from establishing on the final cover.
326326
327327 (b) Repairing erosion damage on the final cover.
328328
329329 (c) Maintaining stormwater controls.
330330
331331 (d) Maintaining limited access to the site.
332332
333333 Sec. 11503. (1) "De minimis" refers to a small amount of material or number of items, as applicable, incidentally commingled with inert material for beneficial use by-products or with source separated material or incidentally disposed of with other solid waste.
334334
335335 (2) "Department", subject to section 11554, means the department of environment, Great Lakes, and energy.
336336
337337 (3) "Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules such as monomers and oligomers or raw, intermediate, or final products, plastic and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, or coatings.
338338
339339 (4) "Designated planning agency" or "DPA" means the planning agency designated under section 11571(10). Designated planning agency does not mean a regional planning agency unless the county approval agency identifies the regional planning agency as the DPA.
340340
341341 (5) "Director" means the director of the department.
342342
343343 (6) "Discharge" includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a substance into the environment that is or may become injurious to the environment, natural resources, or the public health, safety, or welfare.
344344
345345 (7) "Disposal area", subject to section sections 11555(6) and 11568(8), means 1 or more of the following that accepts solid waste at a location as defined by the boundary identified in its construction permit, in engineering plans approved by the department, or in a notification or registration:
346346
347347 (a) A solid waste processing and transfer facility.
348348
349349 (b) A municipal solid waste incinerator.
350350
351351 (c) A landfill.
352352
353353 (d) A coal ash impoundment.
354354
355355 (e) Any other solid waste handling or disposal facility utilized in the disposal of solid waste, as determined by the department.
356356
357357 (8) "Diverted waste" means waste that meets all of the following requirements:
358358
359359 (a) Is generated by households, businesses, or governmental entities.
360360
361361 (b) Can lawfully be disposed of at a licensed landfill or municipal solid waste incinerator.
362362
363363 (c) Is separated from other waste.
364364
365365 (d) Is 1 or more of the following:
366366
367367 (i) Hazardous material.
368368
369369 (ii) Liquid waste.
370370
371371 (iii) Pharmaceuticals.
372372
373373 (iv) Electronics.
374374
375375 (v) Batteries.
376376
377377 (vi) Light bulbs.
378378
379379 (vii) Pesticides.
380380
381381 (viii) Thermostats, switches, thermometers, or other devices that contain elemental mercury.
382382
383383 (ix) Sharps.
384384
385385 (x) Other waste approved by the department that can be readily separated from solid waste for diversion to preferred methods of management and disposal.
386386
387387 (9) "Enforceable mechanism" means a legal method that authorizes this state, a county, a municipality, or another person to take action to guarantee compliance with a materials management plan. Enforceable mechanisms include agreements, laws, ordinances, rules, and regulations.
388388
389389 (10) "EPA" means the United States Environmental Protection Agency.
390390
391391 (11) "Escrow account" means an account that is managed by a bank or other financial institution whose account operations are regulated and examined by a federal or state agency and that complies with section 11523b.
392392
393393 (12) "Existing coal ash impoundment" means a coal ash impoundment that received coal ash before December 28, 2018, and that, as of that date, had not initiated elements of closure that include dewatering, stabilizing residuals, or placement of an engineered cover or otherwise closed pursuant to its part 31 permit or pursuant to R 299.4309 of the MAC and, therefore, is capable of receiving coal ash in the future. A coal ash impoundment that has initiated closure is considered an open dump unless the owner or operator has completed closure of the coal ash impoundment under section 11519b or obtained an operating license for the coal ash impoundment by December 28, 2020.
394394
395395 (13) "Existing coal ash landfill" means a coal ash landfill to which either of the following applies:
396396
397397 (a) The landfill received coal ash both before and after October 19, 2015.
398398
399399 (b) Construction of the landfill commenced before October 19, 2015, and the landfill received coal ash on or after October 19, 2015. For the purposes of this subdivision, construction of a landfill commenced before October 19, 2015 if both of the following requirements were met before that date:
400400
401401 (i) The owner or operator obtained the federal, state, and local approvals or permits necessary to begin physical construction.
402402
403403 (ii) A continuous, on-site physical construction program began.
404404
405405 (14) "Existing disposal area" means any of the following:
406406
407407 (a) A disposal area that has in effect a construction permit under this part.
408408
409409 (b) A disposal area that had engineering plans approved by the director before January 11, 1979.
410410
411411 (c) An industrial waste landfill that was authorized to operate by the director or by court order before October 9, 1993.
412412
413413 (d) An industrial waste pile that was located at the site of generation on October 9, 1993.
414414
415415 (e) An existing coal ash impoundment.
416416
417417 (15) "Existing landfill unit" or "existing unit" means any landfill unit that received solid waste on or before October 9, 1993.
418418
419419 (16) "Farm" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
420420
421421 (17) "Farm operation" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
422422
423423 (18) "Fats, oils, or greases" means organic polar compounds that meet all of the following requirements:
424424
425425 (a) Contain multiple carbon chain triglyceride molecules.
426426
427427 (b) Are derived from animal or plant sources.
428428
429429 (c) Are generated at food manufacturing and food service establishments.
430430
431431 (d) Are generated by-products from food preparation activities.
432432
433433 (19) "Financial assurance" means the mechanisms used to demonstrate that the funds necessary to meet the cost of closure, postclosure maintenance and monitoring, and corrective action will be available to the department whenever they are needed for those purposes.
434434
435435 (20) "Financial test" means a corporate or local government financial test or guarantee approved under subtitle D of the solid waste disposal act, 42 USC 6941 to 6949a and regulations promulgated thereunder. An owner or operator may use a single financial test for more than 1 facility. Information submitted to the department to document compliance with the financial test shall include a list showing the name and address of each facility and the amount of funds assured by the financial test for each facility. For purposes of the financial test, the owner or operator shall aggregate the sum of the closure, postclosure, and corrective action costs it seeks to assure with any other environmental obligations assured by a financial test under state or federal law.
436436
437437 (21) "Finished compost" means organic matter that meets all of the following requirements:
438438
439439 (a) Has undergone biological decomposition and has been stabilized to a degree that is beneficial to plant growth without creating a nuisance.
440440
441441 (b) Is used or sold for use as a soil amendment, fertilizer, topsoil blend, growing medium amendment, or other similar use.
442442
443443 (c) With any compost additives, does not contain more than 1%, by weight, of foreign matter that will remain on a 4-millimeter screen or more than a de minimis amount of viable weed seeds.
444444
445445 (22) "Flue gas desulfurization material" means the material recovered from air pollution control systems that capture sulfur dioxide from the combustion of wood, coal, or fossil fuels, or other combustible materials, if the other combustible materials constitute less than 50% by weight of the total material combusted and the department determines in writing that the other combustible materials do not materially affect the character of the residue. Flue gas desulfurization material includes synthetic gypsum.
446446
447447 (23) "Food processing residuals" means any of the following:
448448
449449 (a) Residuals of fruits, vegetables, aquatic plants, or field crops, including such residuals generated by a brewery or distillery.
450450
451451 (b) Otherwise unusable parts of fruits, vegetables, aquatic plants, or field crops from the processing thereof.
452452
453453 (c) Otherwise unusable food products that do not meet size, quality, or other product specifications and that were intended for human or animal consumption.
454454
455455 (24) "Food waste" means an accumulation of animal or vegetable matter that was used or intended for human or animal food or that results from the preparation, use, cooking, dealing in, or storing of animal or vegetable matter for human or animal food if the accumulation is or is intended to be discarded. Food waste does not include fats, oils, or greases.
456456
457457 (25) "Foreign matter" means organic and inorganic constituents, other than sticks and stones, that will not readily decompose during composting and do not aid in producing compost, including glass, textiles, rubber, metal, ceramics, noncompostable plastic, and painted, laminated, or treated wood.
458458
459459 (26) "Foundry sand" means silica sand used in the metal casting process, including binding material or carbonaceous additives, from ferrous or nonferrous foundries.
460460
461461 (27) "Functional stability" means the stage at which a landfill does not pose a significant risk to the environment, natural resources, or the public health, safety, or welfare at a point of exposure, in the absence of active control systems.
462462
463463 (28) "GAAMPS" means generally accepted agricultural and management practices under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
464464
465465 (29) "Gasification" means a manufacturing process in which post-use polymers are heated in an oxygen-controlled atmosphere and converted to syngas (carbon monoxide (CO) and hydrogen (H2)) and the syngas is converted into valuable raw materials or intermediate or final products, including, but not limited to, plastic monomers, chemicals, waxes, lubricants, coatings, and plastic and chemical feedstocks.
466466
467467 (30) "General permit" means a permit that does both of the following:
468468
469469 (a) Covers a category of activities that the department determines will not negatively impact public health, safety, or welfare and will not have more than minimal short-term adverse impacts on the environment or natural resources.
470470
471471 (b) Includes requirements for a site plan, an operations plan, a facility final closure plan, and financial assurance.
472472
473473 (31) "General use compost" means finished compost that is produced from 1 of the following:
474474
475475 (a) Class 1 compostable material.
476476
477477 (b) Class 2 compostable material, including any combination of class 1 compostable material and class 2 compostable material, that meets the requirements listed in section 11553(5).
478478
479479 Enacting section 1. This amendatory act does not take effect unless House Bill No. 4265 (request no. H01604'25) of the 103rd Legislature is enacted into law.