356
Opinion of the Court
After holding public hearings and obtaining the necessary approval of municipalities in the county, as well as the approval of the Director of the Michigan Department of Natural Resources, the County Board of Commissioners adopted a solid waste management plan for St. Clair County. In 1987, the Michigan Department of Natural Resources issued a permit to petitioner to operate a sanitary landfill as a solid waste 2 disposal area in St. Clair County. See Bill Kettle-well Excavating, Inc. v. Michigan Dept. of Natural Resources, 931 F. 2d 413, 414 (CA6 1991).
On December 28, 1988, the Michigan Legislature amended the SWMA by adopting two provisions concerning the "acceptance of waste or ash generated outside the county of disposal area." See 1988 Mich. Pub. Acts, No. 475, § 1, codified as amended, Mich. Comp. Laws §§ 299.413a, 299.430(2)
2 The Michigan statute defines solid waste as follows: "Sec. 7. (1) 'Solid waste' means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry. Solid waste does not include the following:
"(a) Human body waste. "(b) Organic waste generated in the production of livestock and poultry. "(c) Liquid waste. "(d) Ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products.
"(e) Slag or slag products directed to a slag processor or to a reuser of slag or slag products.
"(f) Sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the director.
"(g) Materials approved for emergency disposal by the director. "(h) Source separated materials. "(i) Site separated materials. "(j) Fly ash or any other ash produced from the combustion of coal, when used in the following instances . . .
"(k) Other wastes regulated by statute." Mich. Comp. Laws § 299.407(7) (Supp. 1991).
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