Michigan Compiled Laws 451-1994-ii-3-115 Part 115 Solid Waste Management (324.11501...324.11554)

• Section 324.11501 Meanings Of Words And Phrases.
  For purposes of this part, the words and phrases defined in sections 11502 to 11506 have the meanings ascribed to them in those sections....
• Section 324.11502 Definitions; A To C.
  (1) "Agronomic rate" means a rate that meets both of the following requirements: (a) Is generally recognized by the agricultural community or is calculated...
• Section 324.11503 Definitions; D To G.
  (1) "De minimis" refers to a small amount of material or number of items, as applicable, incidentally commingled with inert material for beneficial use...
• Section 324.11504 Definitions; H To P.
  (1) "Health officer" means a full-time administrative officer of a certified health department. (2) "Inert material" means any of the following: (a) Rock. (b)...
• Section 324.11505 Definitions; R, S.
  (1) "Recyclable materials" means source separated materials, site separated materials, high grade paper, glass, metal, plastic, aluminum, newspaper, corrugated paper, yard clippings, and other...
• Section 324.11506 Definitions; S To Y.
  (1) "Solid waste" means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial waste, solid industrial waste, and...
• Section 324.11507 Development Of Methods For Disposal Of Solid Waste; Construction And Administration Of Part; Exemption Of Inert Material From Regulation.
  (1) The department and a health officer shall assist in developing and encouraging methods for the disposal of solid waste that are environmentally sound,...
• Section 324.11507a Report On Amount Of Solid Waste Received By Landfill And Amount Of Remaining Disposal Capacity.
  (1) The owner or operator of a landfill shall annually submit a report to the state and the county and municipality in which the...
• Section 324.11508 Solid Waste Management Program; Certification.
  A city, county, or district health department may be certified by the department to perform a solid waste management program. Certification procedures shall be...
• Section 324.11509 Construction Permit For Establishment Of Disposal Area; Application; Engineering Plan; Construction Permit Application Fee For Landfill; Construction Permit For Solid Waste Transfer Facility, Solid Waste Processing Plant, Or Other Disposal Area; Fees; Fee Refund; Permit Denial; Resubmission Of Application With Additional Information; Modification Or Renewal Of Permit; Multiple Permits; Disposition Of Fees.
  (1) Except as otherwise provided in section 11529, a person shall not establish a disposal area except as authorized by a construction permit issued...
• Section 324.11510 Advisory Analysis Of Proposed Disposal Area; Duties Of Department Upon Receipt Of Construction Permit Application.
  (1) Before the submission of a construction permit application for a new disposal area, the applicant shall request a health officer or the department...
• Section 324.11511 Construction Permit; Approval Or Denial Of Issuance; Expiration; Renewal; Fee; Additional Relevant Information; Conditions To Issuance Of Construction Permit For Disposal Area.
  (1) The department shall notify the clerk of the municipality in which the disposal area is proposed to be located and the applicant of...
• Section 324.11511a Repealed. 2004, Act 38, Eff. Jan. 1, 2006.
  Compiler's Notes: The repealed section pertained to permit to construct, modify, or expand landfill.Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act
• Section 324.11511b Rddp.
  (1) A person may submit to the department a project abstract for an RDDP. If, based on the project abstract, the director determines that...
• Section 324.11512 Disposal Of Solid Waste At Licensed Disposal Area; License Required To Conduct, Manage, Maintain, Or Operate Disposal Area; Application; Contents; Fee; Certification; Resubmitting Application; Additional Information Or Corrections; Operation Of Incinerator Without Operating License; Additional Fees.
  (1) A person shall dispose of solid waste at a disposal area licensed under this part unless a person is permitted by state law...
• Section 324.11513 Acceptance Of Solid Waste Or Municipal Solid Waste Incinerator Ash For Disposal; Enforcement.
  A person shall not accept for disposal solid waste or municipal solid waste incinerator ash that is not generated in the county in which...
• Section 324.11514 Promotion Of Recycling And Reuse Of Materials; Electronics Recycling; Materials Prohibited From Disposal In Landfill; Disposal Of Yard Clippings; Report.
  (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...
• Section 324.11515 Inspection Of Site; Compliance; Hydrogeologic Monitoring Program As Condition To Licensing Landfill Facility; Determining Course Of Action; Revocation Of License; Issuance Of Timetable Or Schedule.
  (1) Upon receipt of a license application, the department or a health officer or an authorized representative of a health officer shall inspect the...
• Section 324.11516 Final Decision On License Application; Time; Effect Of Failure To Make Final Decision; Expiration And Renewal Of Operating License; Fee; Entry On Private Or Public Property; Inspection Or Investigation; Conditions To Issuance Of Operating License For New Disposal Area; Issuance Of License As Authority To Accept Waste For Disposal.
  (1) The department shall conduct a consistency review before making a final decision on a license application. The department shall notify the clerk of...
• Section 324.11517 Plan For Program Reducing Incineration Of Noncombustible Materials And Dangerous Combustible Materials And Other Hazardous By-products; Approval Or Disapproval; Considerations; Modifications; Revised Plan; Implementation; Operation Without Approved Plan.
  (1) Within 9 months after the completion of construction of a municipal solid waste incinerator, the owner or operator of a municipal solid waste...
• Section 324.11518 Sanitary Landfill; Instrument Imposing Restrictive Covenant On Land; Filing; Contents Of Covenant; Authorization; Special Exemption; Construction Of Part.
  (1) At the time a disposal area that is a sanitary landfill is licensed, an instrument that imposes a restrictive covenant upon the land...
• Section 324.11519 Specifying Reasons For Denial Of Construction Permit Or Operating License; Cease And Desist Order; Grounds For Order Revoking, Suspending, Or Restricting Permit Or License; Contested Case Hearing; Judicial Review; Inspection; Report; Copies; Violation Of Part Or Rules; Summary Suspension Of Permit Or License.
  (1) The department shall specify, in writing, the reasons for denial of a construction permit or an operating license, further specifying those particular sections...
• Section 324.11520 Disposition Of Fees; Special Fund; Disposition Of Solid Waste On Private Property.
  (1) Fees collected by a health officer under this part shall be deposited with the city or county treasurer, who shall keep the deposits...
• Section 324.11521 Yard Clippings; Management; Means; Temporary Accumulation; Requirements; Composting On Farm; Qualification As Registered Composting Facility; Site At Which Yard Clippings Are Managed.
  (1) Yard clippings shall be managed by 1 of the following means: (a) Composted on the property where the yard clippings are generated. (b)...
• Section 324.11521b Operator Of Waste Diversion Center; Duties; Requirements; Disposal; Rejection Of Diverted Waste.
  (1) The operator of a waste diversion center shall comply with all of the following requirements: (a) At least 90%, by volume, of the...
• Section 324.11522 Open Burning Of Grass Clippings Or Leaves; Open Burning Of Household Waste; Materials; Violation; Extension Of Prohibition To Materials Not Listed In Subsection (3); Open Burning Of Wooden Fruit Or Vegetable Storage Bins Constructed From Untreated Lumber; Requirements; Effect Of Local Ordinance; Burning Of United States Flag.
  (1) The open burning of grass clippings or leaves is prohibited in any municipality having a population of 7,500 or more, unless specifically authorized...
• Section 324.11523 Financial Assurance; Cash Bond; Interest; Reduction In Bond; Termination; Noncompliance With Closure And Postclosure Monitoring And Maintenance Requirements; Expiration Or Cancellation Notice; Effect Of Bankruptcy Action; Perpetual Care Fund; Alternate Financial Assurance.
  (1) The department shall not issue a license to operate a disposal area unless the applicant has filed, as a part of the application...
• Section 324.11523a Operation Of Type II Landfill.
  (1) Effective April 9, 1997, the department shall not issue a license to operate a type II landfill unless the applicant demonstrates that for...
• Section 324.11523b Trust Fund Or Escrow Account.
  (1) The owner or operator of a landfill may establish a trust fund or escrow account to fulfill the requirements of sections 11523 and...
• Section 324.11524 Repealed. 2013, Act 250, Imd. Eff. Dec. 26, 2013.
  Compiler's Notes: The repealed section pertained to request for reduction in amount of financial assurance.Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act
• Section 324.11525 Perpetual Care Fund.
  (1) The owner or operator of a landfill shall establish and maintain a perpetual care fund for a period of 30 years after final...
• Section 324.11525a Owner Or Operator Of Landfill; Surcharge; Payment Of Surcharge; Deposit; “captive Facility” Defined.
  (1) The owner or operator of a landfill shall pay a surcharge as follows: (a) Except as provided in subdivision (b), 12 cents for...
• Section 324.11525b Continuous Financial Assurance Coverage Required; Request For Termination Of Financial Assurance Requirements.
  (1) The owner or operator of a disposal area shall provide continuous financial assurance coverage until released from these requirements by the department under...
• Section 324.11526 Inspection Of Solid Waste Transporting Unit; Determination; Administration; Inspections.
  (1) The department, a health officer, or a law enforcement officer of competent jurisdiction may inspect a solid waste transporting unit that is being...
• Section 324.11526a Solid Waste Generated Out Of State; Acceptance By Owner Or Operator Of Landfill Prohibited; Exceptions; Disposal Capacity.
  (1) Beginning October 1, 2004, in order to protect the public health, safety, and welfare and the environment of this state from the improper...
• Section 324.11526b Compliance With Mcl 324.11526b Required; Notice Requirements; Compilation Of List; Documentation.
  (1) Not later than October 1, 2004, the department shall do all of the following: (a) Notify each state, the country of Canada, and...
• Section 324.11526c Order Restricting Or Prohibiting Solid Waste Transportation Or Disposal In This State.
  (1) The director may issue an order restricting or prohibiting the transportation or disposal in this state of solid waste originating within or outside...
• Section 324.11526e Disposal Of Municipal Solid Waste Generated Outside Of United States; Applicability Of Subsections (1) And (2).
  (1) Subject to subsection (3), a person shall not deliver for disposal, in a landfill or incinerator in this state, municipal solid waste, including,...
• Section 324.11527 Delivery Of Waste To Licensed Disposal Area Or Solid Waste Transfer Facility; Vehicle Or Container; Violation; Penalty.
  (1) A solid waste hauler transporting solid waste over a public road in this state shall deliver all waste to a disposal area or...
• Section 324.11527a Website Listing Materials Prohibited From Disposal; Notice To Customers.
  (1) The department shall post on its website a list of materials prohibited from disposal in a landfill under section 11514 and appropriate disposal...
• Section 324.11528 Solid Waste Transporting Unit; Watertight; Construction, Maintenance, And Operation; Violation; Penalties; Ordering Unit Out Of Service.
  (1) A solid waste transporting unit used for garbage, industrial or domestic sludges, or other moisture laden materials not specifically covered by part 121...
• Section 324.11529 Exemptions.
  (1) A disposal area that is a solid waste transfer facility is not subject to the construction permit and operating license requirements of this...
• Section 324.11530 Collection Center For Junk Motor Vehicles And Farm Implements; Competitive Bidding; Bonds; “collect” Defined.
  (1) A municipality or county may establish and operate a collection center for junk motor vehicles and farm implements. (2) A municipality or county...
• Section 324.11531 Solid Waste Removal; Frequency; Disposal; Ordinance.
  (1) A municipality or county shall assure that all solid waste is removed from the site of generation frequently enough to protect the public...
• Section 324.11532 Impact Fees; Agreement; Collection, Payment, And Disposition; Reduction; Use Of Revenue; Trust Fund; Board Of Trustees; Membership And Terms; Expenditures From Trust Fund.
  (1) Except as provided in subsection (3), a municipality may impose an impact fee of not more than 10 cents per cubic yard on...
• Section 324.11533 Initial Solid Waste Management Plan; Contents; Submission; Review And Update; Amendment; Scope Of Plan; Minimum Compliance; Consultation With Regional Planning Agency; Filing, Form, And Contents Of Notice Of Intent; Effect Of Failure To File Notice Of Intent; Vote; Preparation Of Plan By Regional Solid Waste Management Planning Agency Or By Department; Progress Report.
  (1) Each solid waste management plan shall include an enforceable program and process to assure that the nonhazardous solid waste generated or to be...
• Section 324.11534 Planning Committee; Purpose; Appointment, Qualifications, And Terms Of Members; Approval Of Appointment; Reappointment; Vacancy; Removal; Chairperson; Procedures.
  (1) The county executive of a charter county that elects a county executive and that chooses to prepare a solid waste management plan under...
• Section 324.11535 County Or Regional Solid Waste Management Planning Agency; Duties.
  A county or regional solid waste management planning agency preparing a solid waste management plan shall do all of the following: (a) Solicit the...
• Section 324.11536 Request By Municipality To Be Included In Plan Of Adjacent County; Approval By Resolution; Appeal; Final Decision; Formal Action On Plan; Return Of Plan With Statement Of Objections; Review And Recommendations; Approval By Governing Bodies; Preparation Of Final Plan By Department.
  (1) A municipality located in 2 counties or adjacent to a municipality located in another county may request to be included in the adjacent...
• Section 324.11537 Approval Or Disapproval Of Plan By Department; Time; Minimum Requirements; Periodic Review; Revisions Or Corrections; Withdrawal Of Approval; Timetable Or Schedule For Compliance.
  (1) The department shall, within 6 months after a plan has been submitted for approval, approve or disapprove the plan. An approved plan shall...
• Section 324.11537a Use Of Siting Mechanisms To Site Capacity.
  Beginning on June 9, 1994 a county that has a solid waste management plan that provides for siting of disposal areas to fulfill a...
• Section 324.11538 Rules For Development, Form, And Submission Of Initial Solid Waste Management Plans; Requirements; Identification Of Specific Sites; Calculation Of Disposal Need Requirements; Interim Siting Mechanism; Annual Certification Process; New Certification; Disposal Area Serving Disposal Needs Of Another County, State, Or Country; Compliance As Condition To Disposing Of, Storing, Or Transporting Solid Waste; Provisions Or Practices In Conflict With Part.
  (1) Not later than September 11, 1979, the director shall promulgate rules for the development, form, and submission of initial solid waste management plans....
• Section 324.11539 Plan Update; Approval; Conditions; Rules.
  (1) The director shall not approve a plan update unless: (a) The plan contains an analysis or evaluation of the best available information applicable...
• Section 324.11539a Plan Update; Submission To Legislature; Standard Format.
  (1) The department shall prepare a proposed standard format for the submittal of updates to solid waste management plans. This proposed standard format shall...
• Section 324.11540 Rules; Sanitary Design And Operational Standards.
  Not later than September 11, 1979, the department shall submit to the legislature rules that contain sanitary design and operational standards for solid waste...
• Section 324.11540a Repealed. 2010, Act 345, Eff. Mar. 1, 2011.
  Compiler's Notes: The repealed section pertained to promulgation of rules affecting inert material before March 1, 2011.Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste
• Section 324.11541 State Solid Waste Management Plan; Contents; Duties Of Department.
  (1) The state solid waste management plan shall consist of the state solid waste plan and all county plans approved or prepared by the...
• Section 324.11542 Municipal Solid Waste Incinerator Ash; Disposal.
  (1) Except as provided in subsection (5) and except for municipal solid waste incinerator ash that is described and used as provided in section...
• Section 324.11543 Municipal Solid Waste Incinerator Ash; Transportation.
  (1) If municipal solid waste incinerator ash is transported, it shall be transported in compliance with section 720 of the Michigan vehicle code, Act...
• Section 324.11544 List Of Laboratories Capable Of Performing Test Provided For In Mcl 324.11542; Compilation; Publication; Definitive Testing; Fraudulent Or Careless Testing.
  (1) The department shall compile a list of approved laboratories that are capable of performing the test provided for in section 11542. (2) The...
• Section 324.11545 Incineration Of Used Oil Prohibited; “oil” Defined.
  Beginning June 21, 1993, a municipal solid waste incinerator shall not incinerate used oil. As used in this section, used oil has the meaning...
• Section 324.11546 Action For Appropriate Relief; Penalties For Violation Or Noncompliance; Restoration; Return; Civil Action.
  (1) The department or a health officer may request that the attorney general bring an action in the name of the people of the...
• Section 324.11547 Grant Program; Establishment; Purpose; Interlocal Agreements; Separate Planning Grant; Appropriation; Use Of Grant Funds By Department; Rules; Financial Assistance To Certified Health Department.
  (1) In order for a county to effectively implement the planning responsibilities designated under this part, a grant program is established to provide financial...
• Section 324.11548 Private Sector; Legislative Intent; Salvaging Not Prohibited.
  (1) This part is not intended to prohibit the continuation of the private sector from doing business in solid waste disposal and transportation. This...
• Section 324.11549 Violation As Misdemeanor; Violation As Felony; Penalty; Separate Offenses.
  (1) A person who violates this part, a rule promulgated under this part, or a condition of a permit, license, or final order issued...
• Section 324.11550 Solid Waste Management Fund; Creation; Deposit Of Money Into Fund; Establishment Of Solid Waste Staff Account And Perpetual Care Account; Expenditures; Report.
  (1) The solid waste management fund is created within the state treasury. The state treasurer may receive money from any source for deposit into...
• Section 324.11551 Beneficial Use By-product; Qualification; Requirements; Analysis Of Representative Sample By Initial Generator; Determination; Storage And Use; Beneficial Uses 1 And 2 At And Along Roadways; Registration Or Licensure Under Mcl 290.531 To 290.538; Submission Of Information; Open Dumping; Notice To Prospective Transferee.
  (1) Except for a material that the department approves as a beneficial use by-product under section 11553(3) or (4), to qualify as a beneficial...
• Section 324.11551a Beneficial Use By-product Not Required.
  This part does not require the use of any beneficial use by-product, including, but not limited to, the uses and beneficial use by-products identified...
• Section 324.11552 Notice; Report; Confidentiality.
  (1) Written notice shall be submitted to the department before a beneficial use by-product is used for beneficial use 2 as construction fill at...
• Section 324.11553 Promoting And Fostering Use Of Wastes And By-products For Recycling Or Beneficial Purposes; Approval Of Material, Use, Or Material And Use; Request; Approval Or Denial By Department; Determination Made Prior To Effective Date Of Amendatory Act.
  (1) Consistent with the requirements of this part, the department shall apply this section so as to promote and foster the use of wastes...
• Section 324.11554 Administration And Enforcement Of Part.
  The department of agriculture and rural development, and not the department of environmental quality, shall administer and enforce this part in connection with any...

Last modified: October 10, 2016