Michigan Solid Waste Program Overview

Final Determination of Program AdequacyDateJune 9,1997 Federal Register 62 FR 67, pages 16804-16806Modifications RDD approval: 10/30/2006, FR Volume 71, No. 168 pages 51614-51615, CESQG approval: 6/8/1999, FR Volume 64, No. 109 pages 30434-30437

Program Description Municipal Solid Waste Management

The solid waste program in the Michigan Department of Environmental Quality (DEQ), Resource Management Division (RMD), is responsible for administration of Part 115, Solid Waste Management, Part 169, Scrap Tires, Part 173, Electronics, and Part 195, Environmental Protection Bond Implementation, of Michigan’s Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). It oversees construction permits and operating licenses for municipal and industrial non-hazardous solid waste disposal facilities. These facilities include landfills, transfer stations, and processing plants. Oversight of the storage, transportation, and recycling of scrap tires is also managed by the solid waste program. Through the scrap tire program, local governments are encouraged to submit applications for funding for cleanup, removal, and proper disposal or recycling of abandoned scrap tires. Both the RMD Field Operations and Enforcement Sections are responsible for compliance activities and civil and administrative enforcement activities (including the scrap tire program). Enforcement actions against criminal violators are the responsibility of the Michigan Department of Natural Resources (DNR), Environmental Investigations Section (EIS), and the Michigan Department of Attorney General (DAG) and local prosecutors. Solid waste staff also assists the 68 designated planning agencies within the 83 counties with solid waste planning. The recently enacted electronics device manufacturer and recycler registration requirements are also administered by the solid waste program staff.

There are two basic types of solid waste landfills in Michigan and they are licensed as either Type II or Type III landfills. There are currently 49 Type II municipal waste landfills and 24 Type III non-hazardous industrial, special, or construction and demolition debris landfills in the state. In FY10, the total solid waste disposed in Michigan landfills was reported at 46,124,156 cubic yards.

Medical Waste Management

The Medical Waste Regulatory Program (MWRP) administers and enforces Michigan's Medical Waste Regulatory Act (MWRA), and the rules adopted pursuant to the Act (http://www.michigan.gov/documents/deq/whm-stsw-mwrp-MW-Reg-Act-Rules_257176_7.pdf). The MWRA provides regulations for the handling, storage, treatment, and disposal of medical waste. Its objective is to protect people who come into contact with medical waste from exposure to the risk of injury, infection, or disease created from improperly disposed medical waste. The MWRA mandates how facilities producing medical waste must manage their medical waste from the point at which it is generated to its ultimate disposal. The transportation of medical waste is regulated under U.S. Department of Transportation regulations for transportation of hazardous materials and enforced by the Michigan Department of State Police, Hazardous Materials and Investigations Unit. Administration of these regulations and compliance activities are the responsibility of the DEQ, RMD, medical waste staff. Enforcement of these regulations is by the RMD Enforcement Section, DNR, and DAG. Guidance on the implementation of the program can be found at http://www.michigan.gov/documents/deq/whm-stsw-mwrp-FAQ-guidance_281147_7.doc. Approximately 13,000 generators of medical waste are required to register as producing facilities under the MWRA (Part 138, Act 368). The DEQ maintains a website at http://www.michigan.gov/deq/0,1607,7-135-3312_4119---,00.html.

Construction & Demolition and Non-Hazardous Industrial Waste Management

Non-hazardous industrial wastes are sent to licensed Type III landfills. A Type III landfill can be a construction and demolition landfill, low-hazard industrial waste landfill, surface impoundment, or landfill that accepts non-hazardous industrial wastes. There are 2 Type III C&D landfills, 2 surface impoundments, 5 Type III Industrial Waste landfills, which includes 2 Type III Existing Industrial landfills, 14 Type III Low-Hazard Industrial Waste landfills, and 1 landfill permitted as both a Type III C& D landfill and a Type III Industrial Waste landfill in Michigan. Construction and demolition waste can be disposed of at either a Type II MSW landfill accepting residential and commercial waste or a Type III construction and demolition waste landfill.

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Electronic Waste Take Back Program

The Electronic Waste Takeback Program was established in 2008 as part of a law promoting electronic waste recycling. The law requires manufacturers who sell new TVs and computers to register with DEQ, have a free and convenient take-back program for households and small businesses (< 10 employees), maintain a website and inform consumers how to recycle TVs and computers, and submit annual information on the program (# of units collected, names of collection or recycling businesses involved). The program also requires retailers to sell only new computers and TVs produced by registered manufacturers. Recyclers of TV and computers must register with DEQ, comply with federal and state recycling laws, and annually report the amount of recycled material and the names and locations of recycling facilities under their direct control in Michigan who processed the recycled equipment. As of August 2011 there were 20 registered electronic waste recyclers and 71 registered manufacturers. The DEQ maintains a web site at http://www.michigan.gov/deq/0,1607,7-135-3585_4130_18096---,00.html .

Composting

The Part 115, Solid Waste regulations include registration requirements, location, and operational standards for yard clippings (leaves, grass, and brush) composting facilities. Registered composting facilities are subject to a $600 registration fee every 3 years. Additionally, facilities are required to submit annual reports containing information on the amount of yard clippings and other compostable materials managed during the previous fiscal year. Information about the program can be found at http://www.michigan.gov/deq/0,1607,7-135-3312---,00.html. The management of other organic materials such as food waste is regulated under Part 115 administrative rules. Currently there are no permits, registrations, location, or operational requirements for composting material exempt from the definition of solid waste such as food waste, wood, paper, compostable plastic, and manure. The DEQ is in the process of updating the administrative rules for composting. More information can be found at http://www.michigan.gov/deq/0,1607,7-135-3312---,00.html by clicking on “Solid Waste” then Solid Waste Compost And Inert Rules Work Group.

Scrap Tire Management

The Scrap Tire Program is charged with responsibility for ensuring the proper disposal of scrap tires generated in the state as well as cleanup of abandoned scrap tires and existing piles with 500 or more scrap tires. The Scrap Tire Program also administers two registration programs: Scrap Tire Collection Site Registrations and Scrap Tire Hauler Registration. Program staff regularly inspects auto scrap yards.

Inspection of scrap tire collection sites includes collection of mosquito larval samples for analysis by the Department of Community Health to ensure that a site is not creating an unhealthy living environment for the community. Funding for the program comes from a $1.50 surcharge on vehicle title fees charged by the Secretary of State. Program costs are also offset by a $200 Scrap Tire Collection Site registration fee. The funding provides staff salaries and Scrap Tire Cleanup Grants for removal and processing of existing piles. It also provides funding for Scrap Tire Market Development Grants to increase the markets for scrap tires.

DEQ Central and Regional Office Management Contacts and Locations Director’s OfficePrimary Contact: Title Phone Number EmailDan Wyant Director 517-373-7917 wyantd@michigan.gov   Office Address:  525 West Allegan StreetP.O. Box 30473Lansing, MI 48909-7973  

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-54671--,00.html

Solid Waste and Land Application SectionPrimary Contact: Title Phone Number Email

Steve Sliver Chief 517-373-1976 slivers@michigan.gov   Office Address:  P.O. Box 30241  

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525 W. Allegan StreetLansing, MI 48909-7741

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Enforcement SectionPrimary Contact: Title Phone Number EmailJohn Craig Chief 517-373-7923 craigj@michigan.gov

Office Address:P.O. Box 30241525 W. Allegan StreetLansing, MI 48909-7741

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Field Operations SectionPrimary Contact: Title Phone Number EmailLonnie C. Lee Chief 517-373-4735 leel@michigan.gov

Office Address:P.O. Box 30241525 W. Allegan StreetLansing, MI 48909-7741

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Upper Peninsula District OfficePrimary Contact: Title Phone Number EmailDoug Pascoe Acting District Supervisor 906-346-8531 pascoed@michigan.gov Office Address:420 5th StreetGwinn, MI 49841phone: (906) 346-8300Counties: Ontonagon, Gogebic, Houghton, Keweenaw, Iron, Baraga, Marquette, Menominee, Dickinson, Alger, Delta, Schoolcraft, Luce, Mackinac, Chippewa

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Cadillac District OfficePrimary Contact: Title Phone Number EmailPhil Roycraft District Supervisor 231-876-4465  roycraftp@michigan.gov Office Address:

Cadillac District Office120 W. Chapin Street  Cadillac, MI 49601-2158  Phone: (231) 775-3960  Counties: Leelanau, Benzie, Grand Traverse, Osceola, Manistee, Wexford, Missaukee, Mason, Lake, Kalkaska, Montmorency, Roscommon

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Gaylord Field OfficePrimary Contact: Title Phone Number EmailPhil Roycraft District Supervisor 231-876-4465  roycraftp@michigan.gov

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 Office Address:Gaylord Field Office2100 West M-52  Gaylord, MI 49735-9282  Phone: (989)-731-4920  Counties: Cheboygan, Emmet, Charlevoix, Presque Isle, Antrim, Otsego, Alpena, Crawford, Alcona, Montmorency, Roscommon

 Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Saginaw Bay District Office Primary Contact: Title Phone Number EmailJon Bloemker District Supervisor 989-894-6265 bloemkerj@michigan.gov Office Address:401 Ketchum Street, Suite BBay City, MI 48708  Phone: (989) 894-6200  

 Counties: Iosco, Ogemaw, Arenac, Gladwin, Clare, Isabella, Midland, Bay, Saginaw, Tuscola, Huron, Sanilac

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html  

Grand Rapids District OfficePrimary Contact: Title Phone Number Email

Amy Lachance District Supervisor 616-356-0234Lachancea1@michigan.gov

Office Address:350 Ottawa Ave NE, Unit 10Grand Rapids, MI 49503Phone: (616) 356-0500Fax: (616)-356-0202

Counties: Mecosta, Montcalm, Ionia, Barry, Kent, Ottawa, Muskegon, Oceana, Newaygo

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Jackson District OfficePrimary Contact: Title Phone Number EmailLarry Bean District Supervisor 517-780-7920 beanl@michigan.gov

Office Address:301 East Louis Glick HighwayJackson, MI 49201Phone: (517) 780-7690Fax: (517) 780-7855

Counties: Jackson, Washtenaw, Hillsdale, Lenawee, Monroe

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Lansing District OfficePrimary Contact: Title Phone Number EmailMark Joseph Acting District Supervisor 517-335-6349 Josephm1@michigan.gov

Office Address:4th Floor, NorthPO Box 30242 Lansing, MI 48909

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Phone: (517) 335-6010

Counties: Gratiot, Clinton, Shiawassee, Genesee, Lapeer, Eaton, Ingham, Livingston

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Kalamazoo District OfficePrimary Contact: Title Phone Number EmailFred Sellers District Supervisor 269-567-3595 sellersf@michigan.gov

Office Address:7953 Adobe Road Kalamazoo, MI 49009Phone: (269) 567-3500Fax: (269)567-9440Counties: Allegan, Van Buren, Kalamazoo, Calhoun, Berrien, Cass, St. Joseph, Branch

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

SEMI District OfficePrimary Contact Title Phone Number EmailLaura Verona Acting District Supervisor (586) 753-3793 veronal@michigan.gov

Office Address:27700 Donald Ct. Warren, MI 48092Phone: (586) 753-3700Fax: (586) 753-3831

Counties: St. Clair, Macomb, Oakland, Wayne

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Detroit Field OfficePrimary Contact Title Phone Number EmailAnn Vogen Environmental Quality Analyst (313) 456-4663 vogena@michigan.gov

Office Address:Cadillac Place, Suite 2-3000 3058 West Grand BlvdDetroit, MI 48202Phone: (313) 456-4700Fax: (313) 456-4692

Cities: Detroit, Hamtramck, Highland Park

Website: http://www.michigan.gov/deq/0,1607,7-135-3306_3329-12306--,00.html

Designated County Solid Waste Planning Agencies

There are 68 County Solid Waste Planning Agencies. Part 115 of NREPA requires every county to have a solid waste management plan to ensure that all non-hazardous solid waste generated is collected, processed, or disposed of at compliant facilities for a ten year period. The first plans were required to be submitted by January 6, 1984, and plans are to be updated every five years. The first five-year update process began in January 1987, with the objective of completing the updates by January 1989. The second five-year update cycle started in 1997 after the cycle was delayed several times to provide an opportunity to consider legislative changes to Part 115 and its Administrative Rules. The first Plan during this cycle was approved in July 1999 and the final Plan was approved in October 2003. The third five-year update cycle was scheduled to start in 2002; however, it has continued to be delayed due to budget

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constraints and because the DEQ has been pursuing amendments to Part 115 as determined to be necessary based on stakeholder workgroup recommendations regarding solid waste planning and disposal area siting provisions.

The county board of commissioners or municipality is responsible for appointing the 14-member solid waste management planning committee. In a charter county with an elected county executive, the county executive appoints the planning committee members if the county opts to prepare the plan. Appendix C-3 of the plan format covers the appointment of planning committee members.

Under the current planning process, each county must demonstrate adequate capacity for disposal of waste generated in the county for both 5 and 10 years. To demonstrate capacity, a county must either; 1) list specific sites for disposal of the amount of waste generated within the county for the period, or 2) list the capacity at specific sites and have an objective criteria-based siting process and an annual capacity certification process. If a county is unable to demonstrate at least 66 months of capacity, the siting process is triggered and the county must designate or identify additional capacity.

County Planning Agency Phone Number County Planning Agency Phone NumberNE MI Council of Governments *Alcona, Alpena, Cheboygan, Montmorency, Oscoda, Otsego*

989-732-3551 ext 12

Kalkaska County Recycling/SW Mgmt Comm 231-258-4501

Alger County 906-387-7036 Kent Co. Bd. Of Public Works 616-336-4369Allegan County Resource Recovery 269-673-5411 Keweenaw Co. Bd. Of Comm 906-337-2229Antrim County Planning Commission 231-533-6265 Lake Co. Planning Comm 231-745-2725E. Central MI Planning and Development Region *Arenac, Gladwin, Ogemaw, Roscommon, Sanilac* 989-797-0800 Lapeer County 810-793-1636Baraga County 906-524-6183 Leelanau Co. Planning Comm 231-256-9812Barry County Solid Waste Planning Commission

269-945-1290 x111 Lenawee Co. Planning Dept 517-264-4546

Bay County Community Development 989-895-4135 Livingston County DPW 517-546-0040Benzie County Planning Department 231-882-0554 Macomb County Admin 586-469-5285Berrien County Administration Center 269-983-7111 Manistee County Planning Comm 231-723-6041Branch County SWMPC 517-279-4310 Marquette County Planning Div 906-315-2671

Calhoun County Road Commission 269-781-9841 x241 Mason county Adm Office 231-843-17999

Cass County Administrator 269-445-4421 Mecosta County 231-497-5970Charlevoix County Planning Commission 231-547-7234 Midland County 989-832-6797EUP Regional Planning & Development * Chippewa, Luce, Mackinac*

906-635-1581x 128

Missaukee County Planning Dept231-839-7988

Clare County Department of Public Works 989-539-6111 Monroe Environmental Health 734-240-7909Clinton County Department of Waste Mgmt. 989-224-5187

Montcalm Solid Waste Comm616-636-5692

Crawford County 989-344-3258 Muskegon DPW 231-724-6525

Central UP Plan & Dev. Reg. Comm. 906-786-9234Oakland Waste Resource Mgmt Div. 248-858-2071

Dickinson County SWM Authority 906-779-5868West MI Shoreline Reg. Dev. Comm *Oceana, Newaygo* 231-722-7878

Eaton County Resource Recovery Dept.517-543-7500x 3686

Osceola Co. Planning Comm & SW Comm. 231-832-6196

Emmet County DPW 231-348-0640 Oscoda Co. Bd of Comm 989-826-1130Genesee County Metro Planning Comm. 810-257-3010 Ottawa Co. Health Dept. 616-393-5638Western UP Plan & Dev Region 906-482-7205 Presque Isle Co. Comm 989-733-8476Grand Traverse Resource Recovery 231-995-6067 Saginaw County Planning Dept. 989-797-6800Gratiot County DPW 989-875-5207 Shiawassee Co. Planning Comm 989-743-2396

Hillsdale 517-437-3932St. Clair Co. Metro Planning Comm 810-989-6950

Huron County Economic Dev. Corp 989-269-6431 St. Joseph County 269-467-5617Ingham County Health Dept 517-887-4312 Tuscola County SWPC 989-672-1673

Ionia County Resource Recovery 616-527-8219MI State Univ. Ext. in Van Buren County 616-657-7745

Iosco County Planning Commission 989-362-4212 Washtenaw County Recycling 734-222-6865

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Isabella County Board of Public Works989-722-0911x 231

Wayne Co. Dept of Environment734-326-4437

Region II Planning Commission 517-768-6703 Wexford County DPW 231-775-0155Kalamazoo Co. Planning Dept 269-384-8112

Website: http://www.michigan.gov/documents/deq/deq-wmd-swp-dpa_231402_7.pdf

Enforcement ActivitiesTypes of Enforcement Actions 1. Compliance communication or violation notice – DEQ may send multiple letters identifying violations and seeking compliance with identified violations requesting corrective measures and documentation. Multiple letters, if necessary, are part of a progressive compliance and enforcement process.2. Enforcement Notice – DEQ letter after a referral of significant or unresolved non-compliance/violations to the Enforcement Section giving notice of escalated enforcement to the facility owner/operator.3. Enforcement Order – DEQ may negotiate a fast track consent order or make a referral to the DAG to negotiate an administrative consent order which may or may not include stipulated penalties (consistent with internal penalty guidance).4. DEQ may refer potential criminal cases to the DNR, EIS.Inspection Cycles

There were a total of 304 compliance inspections in FY 2010 by the Solid Waste Program.

Notice of Violation Process

Solid waste program staff performs inspections. Based on inspection findings, compliance history, potential criminal investigation and the extent of violations among other factors, an inspector may chose to issue a compliance communication or violation notice. Depending on the response, and results from a potential re-inspection if non-compliance/violations continues a second violation notice may be issued. If violations are not corrected after a second violation notice and after conferring with the district supervisor, field operations chief, and enforcement section chief, staff may refer the facility for escalated enforcement.

Statistics Violation Letters: 65Administrative Consent Orders Entered: 7Total Escalated Enforcement Actions Initiated in fiscal year 2010: 5Referrals to Office of Criminal Investigation: 0Referrals to Enforcement Section for Civil or Administrative Enforcement: 2

Fee StructureLandfill Tipping Fees

Michigan's solid waste program is funded primarily from a 21-cents-per-ton fee on solid waste disposed in Michigan public landfills. The fiscal year 2012 appropriation for the program is premised on increased fees of 36 cents per ton.

Website: http://www.michigan.gov/deq/0,1607,7-135--229894--,00.html

Landfill License to Operate Fees An application for a Type II landfill operating license shall be accompanied by the following fees for the 5-year term of the operating license. Operating license application fees are collected and deposited in the perpetual care account of the Solid Waste Management Fund. Type II MSW Landfill 5 Year Fee< 100 tons per day (TPD) $250.00≥ 100 TPD and < 250 TPD $1,000.00≥ 250 TPD and < 500 TPD $2,500.00≥ 500 TPD and < 1,000 TPD $5,000.00≥ 1,000 TPD and < 1,500 TPD $10,000.00≥ 1,500 TPD and < 3,000 TPD $20,000.00> 3,000 TPD $30,000.00Type III Landfill $2,500.00

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Solid Waste Permit and Registration FeesLandfill construction permit applications are accompanied by a fee equal to the sum of the following fees, as applicable. Permit application fees are deposited in the solid waste staff account of the Solid Waste Management Fund.Permit Type FeeNew Municipal Solid Waste Landfill $1500Lateral Expansion Municipal Solid Waste Landfill $1000Vertical Expansion Municipal Solid Waste Landfill $750Modifications or Renewal $250Type III Industrial LandfillsNew Industrial Waste Landfill $1000Lateral Expansion Industrial Waste Landfill $750Vertical Expansion Industrial Waste Landfill $500New Low Hazard Industrial Waste Landfill $750Lateral Expansion Low Hazard Industrial Waste Landfill $500Vertical Expansion Low Hazard Industrial Waste Landfill $250New Construction and Demolition Landfill $750Lateral Expansion Construction and Demolition Landfill $500Vertical Expansion Construction and Demolition Landfill $250New Other Non Industrial Landfill $750Lateral Expansion Non Industrial Landfill $500Vertical Expansion Non Industrial Landfill $250

Staffing ResourcesOffice FTE Allocation ( FY2010-2011)OFFICE FTE          Upper Peninsula 1.2  Cadillac District and Gaylord Field 1.3

   

Saginaw Bay District 2.2  Grand Rapids District 1.8  Jackson District 1.2  Lansing District 2.0  Kalamazoo District 1.8SEMI District 3.8Lansing 10.8Totals 26.1  

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Active Type II MSW Facilities

District Landfill AddressWMD ID

Landfill Type County Landfill Owner/ID

SAGINAW BAY

CITY OF MIDLAND

4311 EAST ASHMAN ROADMIDLAND, MI 48642 470453

TYPE II MSW

MIDLAND CITY OF MIDLANDLANSING GRANGER III AND

ASSOCIATES LLC16980 WOOD ROADLANSING, MI 48906 470523

TYPE II MSW CLINTON GRANGER WASTE MANAGEMENT CO.

SOUTHEAST MICHIGAN OAKLAND HEIGHTS

DEVELOPMENT INC

2350 BROWN ROADAUBURN HILLS, MI48326 470494

TYPE II MSW

OAKLAND REPUBLIC SERVICES OF MILANSING

RICHFIELD LANDFILL INC

11417 EAST MT. MORRISDAVISON, MI48423 470534

TYPE II MSW

GENESEE RICHFIELD LANDFILL INC.JACKSON VIENNA JUNCTION

INDUSTRIAL PARK SANITARY LANDFILL

6233 HAGMAN ROADERIE, MI48133 470393

TYPE II MSW

MONROE REPUBLIC SERVICES OF MIKALAMAZOO WASTE

MANAGEMENT OF MICHIGAN INC ( WESTSIDE)

14094 M-60 WESTTHREE RIVERS, MI49093 470449

TYPE II MSW

ST JOSEPH WASTE MANAGEMENT OF MI INC.SOUTHEAST MICHIGAN

REPUBLIC SERVICES OF MICHIGAN I LLC(CARLTON FARMS)

28800 CLARK RDNEW BOSTON, MI48164 390701

TYPE II MSW

WAYNE REPUBLIC SERVICES OF MI LLCCADILLAC REPUBLIC

SERVICES OF MICHIGAN V LLC(ELK RUN)

20667 5 MILE HWYONAWAY, MI49765 391216

TYPE II MSW

PRESQUE ISLE REPUBLIC SERVICES OF MI V LLC

LANSING

GRANGER LAND DEVELOPMENT CO

8550 W GRAND RIVER HWYGRAND LEDGE, MI48837 397449

TYPE II MSW

CLINTONGRANGER LAND DEVELOPMENT COMPANY

CADILLAC HARLANDS SANITARY LANDFILL INC

3890 CAMP ROADMANISTEE, MI49660 398561

TYPE II MSW

MANISTEE REPUBLIC SERVICES OF MISOUTHEAST MICHIGAN

PINE TREE ACRES INC

36600 29 MILE RDLENOX TOWNSHIP, MI48048 398972

TYPE II MSW

MACOMB WASTE MANAGEMENT OF MISOUTHEAST CITY OF 20863 GRANGE ROAD 399054 TYPE II WAYNE CITY OF RIVERVIEW

MICHIGANRIVERVIEW

RIVERVIEW, MI48193

MSW

LANSING WASTE MANAGEMENT OF MICHIGAN INC(VENICE PARK)

9536 E LENNON RDLENNON, MI48449 399185

TYPE II MSW

SHIAWASSEE WASTE MANAGEMENT OF MI INC

GRAND RAPIDS OTTAWA COUNTY

LANDFILL INC

15550 68TH AVECOOPERSVILLE, MI49404 403061

TYPE II MSW

OTTAWA REPUBLIC SERVICES OF MIKALAMAZOO

C&C LANDFILL

14800 P DR NMARSHALL, MI49068 405721

TYPE II MSW

CALHOUN REPUBLIC SERVICES OF MILANSING

BRENT RUN LANDFILL INC

8247 VIENNA RDMONTROSE, MI48457 406671

TYPE II MSW

GENESEE WASTE CONNECTIONSCADILLAC CITY

ENVIRONMENTAL SERVICES INC OF WATERS

11375 SHERMAN RDFREDERIC, MI49733 407066

TYPE II MSW

CRAWFORD WASTE MANAGEMENT OF MIGRAND RAPIDS

PITSCH RECYCLING & DISPOSAL INC

7905 JOHNSON RDBELDING, MI48809 407345

TYPE II MSW

IONIA PITSCH RECYCLING & DISPOSAL INCMARQUETTE

K & W LANDFILL

11877 STATE HIGHWAY M-38ONTONAGON, MI49953 408328

TYPE II MSW

ONTONAGON WASTE MANAGEMENT OF MI INC.

GRAND RAPIDS

WASTE MANAGEMENT OF MICHIGAN INC(AUTUMN HILLS)

700 56TH AVENUEZEELAND, MI49464 409032

TYPE II MSW

OTTAWA WASTE MANAGEMENT OF MI INC.SAGINAW BAY WASTE

MANAGEMENT OF MICHIGAN INC(NORTHERN OAKS)

513 COUNTY FARM RDHARRISON, MI48625 409210

TYPE II MSW

CLARE WASTE MANAGEMENT OF MI INC.KALAMAZOO

LANDFILL MANAGEMENT CO

3290 HENNESSEY RDWATERVLIET, MI49098 458867

TYPE II MSW

BERRIEN LANDFILL MANAGEMENT CO.KALAMAZOO SOUTHEAST

BERRIEN COUNTY LANDFILL AUTHORITY

3200 CHAMBERLAIN RDBUCHANAN, MI49107 458632

TYPE II MSW

BERRIENSOUTHEAST BERRIEN COUNTY LANDFILL AUTH.

MARQUETTE

DAFTER SANITARY LANDFILL INC

3962 W. 12 MILE ROADDAFTER, MI49724 451470

TYPE II MSW

CHIPPEWA WASTE MANAGEMENT OF MI10

MARQUETTE COUNTY OF MARQUETTE SOLID WASTE MANAGEMENT AUTH

600 COUNTY ROAD NPTYPE II LANDFILLMARQUETTE, MI49855 451188

TYPE II MSW

MARQUETTE

COUNTY OF MARQUETTE SOLID WASTE MANAGEMENT AUTHORITY

CADILLACMONTMORENCY-OSCODA-ALPENA LANDFILL

6999 COUNTY ROAD 487ATLANTA, MI49709 450267

TYPE II MSW

MONTMORENCY

MONTMORENCY-OSCODA-ALPENA-SWMA

SAGINAW BAY REPUBLIC SERVICES OF MICHIGAN IV LLC(WHITEFEATHER)

2401 E WHITEFEATHER RDPINCONNING, MI48650 449252

TYPE II MSW

BAYREPUBLIC SERVICES OF MICHIGAN IV, LLC

MARQUETTE WOOD ISLAND WASTE MANAGEMENT INC

M- 28WETMORE, MI49894 444301

TYPE II MSW

ALGER DAVID BRISSONMARQUETTE

MICHIGAN ENVIRONS INC

W6111 ELMWOOD RDMENOMINEE, MI49858 442570

TYPE II MSW MENOMINE

E WASTE MANAGEMENT OF MICADILLAC

GLENS SANITARY LANDFILL

518 M 72 WEMPIRE, MI49664 418012

TYPE II MSW

LEELANAU WASTE MANAGEMENT OF MIGRAND RAPIDS

COUNTY OF MUSKEGON DEPARTMENT OF PUBLIC WORKS

9366 APPLE AVENUERAVENNA, MI49451 440983

TYPE II MSW

MUSKEGONCOUNTY OF MUSKEGON BOARD OF PUBLIC WORKS

SAGINAW BAYPEOPLE'S LANDFILL INC

4143 RATHBUN RDBIRCH RUN, MI48415 437908

TYPE II MSW

SAGINAW WASTE MANAGEMENT OF MIJACKSON

VEOLIA ES ARBOR HILLS LANDFILL INC

10690 W 6 MILE RDSITE BNORTHVILLE, MI48168 475946

TYPE II MSW

WASHTENAW VEOLIA/ES ARBOR HILLS LANDFILL INC.

LANSING

CITIZEN'S DISPOSAL INC

2361 W GRAND BLANC RDGRAND BLANC, MI48439 470517

TYPE II MSW

GENESEE REPUBLIC SERVICES OF MIJACKSON

ADRIAN LANDFILL INC

1970 N OGDEN HWYADRIAN, MI49221 470373

TYPE II MSW

LENAWEE REPUBLIC SERVICES OF MIGRAND RAPIDS

CITY ENVIRONMENTAL SERVICES LANDFILL INC OF HASTINGS

1899 N M43 HIGHWAYHASTINGS, MI49058 470343

TYPE II MSW

BARRYWASTE MANAGEMENT OF MICHIGAN INC.

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GRAND RAPIDS

CENTRAL SANITARY LANDFILL INC

21545 W CANNONSVILLE ROADPIERSON, MI49339 416499

TYPE II MSW

MONTCALM REPUBLIC SERVICES OF MISOUTHEAST MICHIGAN

COUNTY OF ST CLAIR MICHIGAN

6779 SMITHS CREEK RDSMITHS CREEK, MI48074 452546

TYPE II MSW

ST CLAIR COUNTY OF ST. CLAIRSAGINAW BAY WASTE

MANAGEMENT OF MICHIGAN INC(TRICITY)

426 N RUTH RDCARSONVILLE, MI48419 417640

TYPE II MSW

SANILACWASTE MANAGEMENT OF MICHIGAN, INC.

CADILLAC COUNTY OF WEXFORD DEPARTMENT OF PUBLIC WORKS

990 US 131 NORTHMANTON, MI49663 470336

TYPE II MSW

WEXFORD COUNTY OF WEXFORD DPWJACKSON

MCGILL ROAD LANDFILL INC

3895 MCGILL RDJACKSON, MI49201 444391

TYPE II MSW

JACKSON WASTE MANAGEMENT OF MIMARQUETTE HIAWATHA

SHORES LANDFILL INC

3098N RIVER RDGULLIVER, MI49840 485207

TYPE II MSW SCHOOLCR

AFT STAN ZELLARGRAND RAPIDS

COUNTY OF KENT DEPARTMENT PUBLIC WORKS

300 100TH ST SEBYRON CENTER, MI49315 475646

TYPE II MSW

KENTCOUNTY OF KENT DEPT. OF PUBLIC WORKS

SOUTHEAST MICHIGAN SAUK TRAIL

DEVELOPMENT INC

5011 S LILLEYCANTON, MI48188 410118

TYPE II MSW

WAYNE REPUBLIC SERVICES OF MI.MARQUETTE DELTA SW

MANAGEMENT AUTHORITY

5701 19TH AVE NESCANABA, MI49829 410730

TYPE II MSW

DELTADELTA SOLID WASTE MANAGEMENT AUTHORITY

SOUTHEAST MICHIGAN

WASTE MANAGEMENT OF MICHIGAN INC(EAGLE VALLEY)

600 W SILVERBELL RDLAKE ORION, MI48359 412314

TYPE II MSW

OAKLAND WASTE MANAGEMENT OF MI, INC.KALAMAZOO FOREST LAWN

LANDFILL8230 FOREST LAWN RD. THREE OAKS, MI 399441

TYPE II MSW BERRIEN REPUBLIC SERVICES OF MI

SAGINAWCOVE LANDFILL

4151 MCMILLAN RD. BAD AXE, MI 439983

TYPE IIMSW HURON RICHFIELD EQUITIES, LLC

SOUTHEAST MICHIGAN

WASTE MANAGEMENT OF MICHIGAN (WOODLAND MEADOWS)

5900 HANNAN RDWAYNE, MI48184 412717

TYPE II MSW

WAYNE WASTE MANAGEMENT OF MI, INC.Website: http://www.deq.state.mi.us/wdspi/SearchPage.aspx

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Landfill Capacity, Constructions and Expansions Remaining Capacity at end of Year 2010 for noncaptive facilities

460,788,377 CYNew Landfill Construction for noncaptive facilitiesLandfill Capacity (CY) CountyLiberty Environmentalists, Inc. 636,256 JacksonRichfield Equities, LLC. 1,040,000 HuronVeolia ES Arbor Hills Landfill, Inc. 18,250,000 WashtenawSE Berrien County Landfill Authority 4,220,100 BerrienWood Island Waste Management, Inc. 563,866 Alger.

Proposed Expansion  Landfill Capacity (CY) CountyForest Lawn Landfill, Inc. 930,000 BerrienOakland Heights Development, Inc. (4,420) OaklandCarleton Farms Landfill 18,220,364 Wayne

Total 43,856,166Notes: The capacity above is the additional capacity permitted in Fiscal years 2010 and 2011 to date. Oakland Heights

Development requested a decrease in permit capacity.

State Solid Waste Policy General OverviewThe Solid Waste Policy was adopted in 1988 amid concerns of limited landfill space. Changing laws and regulations, emerging technology, and economic considerations have driven a desire to improve solid waste management in the state. It also prompted stakeholders to recommend that DEQ revisit and update the Solid Waste Policy.

The 2007 update to the Solid Waste Policy provides a framework to guide citizens, businesses, government agencies, institutions, universities, and political leaders in making smart choices for managing solid wastes by viewing solid waste as a resource in a global economy. The policy uses the three principles of sustainability to guide decisions: economic vitality, ecological integrity, and improved quality of life. The Policy embodies the consensus agreement of stakeholders on the Solid Waste Policy Advisory Committee (SWPAC), a group of representatives from local governments, the environmental community, and the solid waste and recycling industries. The Policy encourages a deliberate and inclusive solid waste management decision-making process and recommends goals. These goals include finding uses for 50% of municipal solid waste by 2015 and ensuring that all citizens have convenient access to residential recycling programs by 2012. The policy recommended future stakeholder meetings to help guide the implementation of the policy and to facilitate sustainable waste management practices. This recommendation resulted in the creation of the Solid Waste Advisory committee which is comprised of diverse stakeholders and meets 6 times per year.

State Solid Waste Policy 2007http://www.michigan.gov/documents/deq/DEQ-WHM-STSW-MI_SW_POLICY_198170_7.pdf Websitehttp://www.michigan.gov/deq/0,1607,7-135-3312_4123-135017--,00.html

Resources for Landfill RemediationPerpetual Care Account—Solid Waste Management Fund

Part 115 established a solid waste management fund within the state Treasury with a solid waste staff account and perpetual care account. The solid waste staff account is used for a variety of solid waste programmatic infrastructure and support needs. The perpetual care account is used for conducting closure or post-closure maintenance and monitoring or corrective action at sites where the owner or operator has failed to do so.

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Websitehttp://www.legislature.mi.gov/documents/mcl/pdf/mcl-451-1994-ii-3-115.pdf State Owned Sites Cleanup Program

In July 1996, PA 380 amended Part 201, Environmental Remediation, of the NREPA, by creating the State Sites Cleanup Fund (Fund) and the State Sites Cleanup Program. Its intent is to fund environmental cleanups at contaminated sites where the state is a liable party as an owner or operator of the site, as described in Section 20126 of Part 201.

Section 20108c of Part 201 provided a process for the expenditure of $20 million that was originally appropriated under 1994 PA 265. The Fund was augmented by an additional appropriation of $10m in FY 1997 and again in FY 2002, when the Department of Management and Budget repaid $965,002 that had been spent for remediation of the Clinton Valley Center in Oakland County prior to its sale. In 2005 the Legislature, in PA 11 of 2005, appropriated $5m in interest earned from the Fund from 1996 through 2004 for use in the program. In 2011 the Legislature, in PA 63 of 2011, appropriated an additional $4.4 million in accrued interest and previously lapsed funds.

Under Section 20126 of Part 201, each state executive department and agency is required annually to provide DEQ with a list of all facilities for which they are liable as an owner operator. The Brownfield Redevelopment Board (Board), created under 1996 PA 383 and composed of directors of the DTMB and DEQ, and the President of the Michigan Economic Development Corporation, meets each year to prioritize the funding allocations for the cleanups. The site allocations are prioritized based on the degree of health or environmental risk and/or by resale or redevelopment potential at the sites.

Solid Waste Alternatives Program (SWAP)

Under the provisions of Part 195, Environmental Protection Bond Implementation, of the NREPA, the Solid Waste Alternatives Program (SWAP) provided grants totaling $18,713,558 to 69 municipalities to close local, unlicensed landfills or dumps that were still operating in 1988.

The Municipal Landfill Cost-Share Grant Program reimbursed up to 50 percent of eligible response activity costs incurred by local units of government at municipal solid waste landfills listed on the Superfund National Priorities List or nominated for listing by July 23, 1997. All of the $18 million appropriated for this program has been awarded pursuant to Section 9a of Part 201 and expended by local units of government. Containment and cleanup was conducted at 11 landfills.

Additionally, the Superfund Program is managing the response activities at 21 landfills using a variety of state, federal, and private resources. The status of these sites is summarized in the annual legislative report, available on the Web at http://www.michigan.gov/deq/0,1607,7-135-3311_4109_4217-89332--,00.html.

Act 451, Article 2, Part 115: Solid Waste ManagementRule # Rule Title

324.11501 Meanings of words and phrases324.11502 Definitions; A to C324.11503 Definitions; D to W324.11504 Definitions; H to T324.11505 Definitions; R, 324.11506 Definitions; S to Y324.11507 Development of methods for disposal of solid waste; construction and administration of part; exemption

of inert material from regulation324.11507a Report on amount of solid waste received by landfill and amount of remaining disposal capacity324.11508 Solid waste management program; certification324.11509 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

14

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

324.11510 Advisory analysis of proposed disposal area; duties of department upon receipt of construction permit application

324.11511 Construction permit; approval or denial of issuance; expiration; renewal; fee; additional information; conditions to issuance of construction permit for disposal area

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

324.11513 Acceptance of solid waste or municipal solid waste incinerator ash for disposal; enforcement324.11514 Promotion of recycling and reuse of materials; electronics recycling; materials prohibited from disposal in

landfill; disposal of yard clippings; report324.11515 Inspection of site; compliance; hydrogeologic monitoring program as condition to licensing landfill facility;

determining course of action; revocation of license; issuance of timetable or schedule324.11516 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

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

324.11518 Sanitary landfill; instrument imposing restrictive covenant on land; filing; contents of covenant; authorization; special exemption; construction of part

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

324.11520 Disposition of fees; special fund; disposition of solid waste on private property324.11521 Yard clippings; management; means; temporary accumulation; requirements; composting on farm;

qualification as registered composting facility; site at which yard clippings are managed324.11522 Open burning of grass clippings or leaves324.11523 Financial assurance; cash bond; payments; interest; reduction in bond; termination; noncompliance with

closure and post-closure monitoring and maintenance requirements; expiration or cancellation notice; effect of bankruptcy action; perpetual care fund

324.11523a Operation of type II landfill324.11523b Trust fund or escrow account324.11524 Reduction or increase in financial assurance324.11525 Perpetual care fund

324.11525a Owner or operator of landfill or municipal solid waste incinerator; surcharge; payment; deposit; “captive facility” defined

324.11525b Continuous financial assurance coverage required; request for termination of requirements324.11526 Inspection of solid waste transporting unit; determination; administration; inspections

324.11526a Solid waste generated out of state; acceptance by owner or operator of landfill prohibited; exceptions; disposal capacity

324.11526b Compliance with MCL 324.11526b required; notice requirements; compilation of list; documentation324.11526c Order restricting or prohibiting solid waste transportation or disposal in this state324.11526e Disposal of municipal solid waste generated outside of United States; applicability of subsections (1) and

(2)324.11527 Delivery of waste to licensed disposal area or solid waste transfer facility; vehicle or container; violation;

penalty324.11527a Website listing materials prohibited from disposal; notice to customers324.11528 Solid waste transporting unit; watertight; construction, maintenance, and operation; violation; penalties;

ordering unit out of service324.11529 Exemptions324.11530 Collection center for junk motor vehicles and farm implements; competitive bidding; bonds; “collect”

15

defined324.11531 Solid waste removal; frequency; disposal; ordinance324.11532 Impact fees; agreement; collection, payment, and disposition; reduction; use of revenue; trust fund;

board of trustees; membership and terms; expenditures from trust fund324.11533 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

324.11534 Planning committee; purpose; appointment, qualifications, and terms of members; approval of appointment; reappointment; vacancy; removal; chairperson; procedures

324.11535 County or regional solid waste management planning agency; duties324.11536 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

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

324.11537a Use of siting mechanisms to site capacity324.11538 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

324.11539 Plan update; approval; conditions; rules324.11539a Plan update; submission to legislature; standard format324.11540 Rules; sanitary design and operational standards324.11541 State solid waste management plan; contents; duties of department324.11542 Municipal solid waste incinerator ash; disposal324.11543 Municipal solid waste incinerator ash; transportation324.11544 List of laboratories capable of performing test provided for in MCL 324.11542; compilation; publication;

definitive testing; fraudulent or careless testing324.11545 Incineration of used oil prohibited; “oil” defined324.11546 Action for appropriate relief; penalties for violation or noncompliance; restoration; return; civil action324.11547 Grant program; establishment; purpose; inter-local agreements; separate planning grant; appropriation;

use of grant funds by department; rules; financial assistance to certified health department324.11548 Private sector; legislative intent; salvaging not prohibited324.11549 Violation as misdemeanor; violation as felony; penalty; separate offenses324.11550 Solid waste management fund; creation; deposit of money into fund; establishment of solid waste staff

account and perpetual care account expenditures report

Website: http://www.legislature.mi.gov/(S(w5znn455tqtyvj55j14sva55))/mileg.aspx?page=getObject&objectName=mcl-451-1994-II-3-115

Article II, Part 119 Waste Management and Resource Recovery FinanceRule # Rule Title

324.11901 Definitions324.11902 Powers of municipality generally324.11903 Contracts for acquisition, construction, financing, and operation of waste management project or

for use of services of project; bids or proposals; negotiations; validity of contracts; pledge of full faith and credit; methods of paying pledged share of costs

324.11904 Additional powers of municipality324.11905 Contracts; provisions; remedies in case of default324.11906 Resolution authorizing execution of contract; publication and contents of notice of adoption;

effective date of contract; referendum; special election not included in statutory or charter limitation; verification of signatures on petition; rejection of signatures; determining number of

16

registered electors324.11907 Exercise of powers conferred on municipality324.11908 Provisions inapplicable to certain municipalities

Website: http://www.legislature.mi.gov/(S(w5znn455tqtyvj55j14sva55))/mileg.aspx?page=getObject&objectName=mcl-451-1994-II-3-119

Act 451 of 1994, Article II, Chapter 5 Recycling and Related SubjectsPart 169: Scrap Tires

Rule # Rule Title324.16901 Definitions324.16902 Delivery of scrap tire; limitations; removal; scope of subsection (2)324.16902a Repealed. 2002, Act 496, Eff. July 3, 2002

324.16903Accumulation of scrap tires outdoors by owner or operator of collection site; compliance; bond required; exception

324.16903a Fires at collection sites; statewide response plan324.16903b Bond; exemptions; noncompliance; “site requirements” defined324.16903c Maintenance limiting mosquito breeding; requirements; violation; penalty; payment default

324.16904Owner of collection site or portable shredding operation; application for registration; form; documentation of bonding; compliance with storage requirements; fee

324.16904a End user; exemption

324.16905Scrap tire hauler; registration; form; contents; presentment; display of number; maintenance and availability of records; disposal at other location prohibited; original record; copy

324.16906 Records324.16907 Report to legislature

324.16908Scrap tire regulatory fund; creation; sources of money; investments; interest and earnings; no reversion to general fund; use of money in fund; grants

324.16908a Development of markets for scrap tires

324.16908bUnpaid cleanup costs; lien; filing of petition by attorney general; type of lien; duration; release

324.16909Violation as misdemeanor; penalties; separate violations; authority of officer; penalties inapplicable; conditions

324.16909a Investigation or inspection324.16910 Response to fire or violation of part; action for recovery of incurred costs

324.16911Report on utilization of fund revenues; reuse and safe storage of scrap tires; appointment of scrap tire advisory committee

Website: http://www.legislature.mi.gov/(S(hkoicw55rzvgyp45knt2auvb))/mileg.aspx?page=getObject&objectName=mcl-451-1994-II-5-169

Act 451 of 1994, Article II, Chapter 5 Recycling and Related SubjectsPart 171: Battery Disposal

Rule # Rule Title324.17101 Definitions324.17102 Disposal of lead acid battery324.17103 Retailer of lead acid batteries; duties324.17104 Notices; failure to post; default in payment of civil fine324.17105 Acceptance of lead acid batteries by distributor; quantity; removal from point of collection324.17105a Batteries containing intentionally introduced mercury; sales or offers prohibited324.17105b Button cell mercuric oxide battery or mercuric oxide battery; sales or offers324.17105c Nickel cadmium batteries; voluntary collection program324.17107 Enforcement; violation as misdemeanor; penalties

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Website: http://www.legislature.mi.gov/(S(xdk2ll45ihffqp3w3fok4c45))/mileg.aspx?page=getObject&objectName=mcl-451-1994-II-5-171

Act 451 of 1994, Article II, Chapter 5 Recycling and Related SubjectsPart 173: Electronics

Rule # Rule Title324.17301 Definitions

324.17303

Sale or offer of sale of new covered electronic device; registration by manufacturer; expiration; contents; effectiveness; failure to comply with requirements or rules; notice of deficiency; denial or revocation of registration; hearing; duration of validity; fee; deposit of revenues; list of registered manufacturers; maintenance of website; report

324.17305 Sale or offer of sale of new covered electronic device; manufacturer; requirements

324.17307Sale or offer of sale of new covered electronic device; retailer; appearance of manufacturer on registration list

324.17309 Computer takeback program324.17311 Video display device takeback program

324.17313

Electronic waste advisory council; creation; members; appointments; term; vacancy; removal; co-chairs; meeting; quorum; business conducted at public meeting; writings; compensation prohibited; report; dissolution

324.17315 Recycling of covered electronic devices; manner; rules

324.17317

Recycling of covered electronic devices; registration form; contents; report of total weight recycled previous year; effectiveness of registration; failure to meet requirements; fee; deposit of revenues; submission of false registration as violation; report

324.17319 Requirements324.17321 Rules for purposes of MCL 324.17303 and 324.17315324.17323 Management of covered electronic devices not considered disposal324.17325 Recycler of covered electronic devices; inspection of operations

324.17327Electronic waste recycling fund; creation; deposit of money or assets; investment; money at close of fiscal year; administrator of fund; expenditures

324.17329Violation; penalty; suspension or revocation of registration; deposit of fine in electronic waste recycling fund

324.17331 Loss or use of data; liability

Website: http://www.legislature.mi.gov/(S(hkoicw55rzvgyp45knt2auvb))/mileg.aspx?page=getObject&objectName=mcl-451-1994-II-5-173

Act 451 of 1994, Article II, Chapter 6 Environmental FundingPart 191: Clean Michigan Fund

Rule # Rule Title324.19101 Meanings of words and phrases324.19102 Definitions; A to N324.19103 Definitions; P to W324.19104 Clean Michigan fund; creation; appropriations, gifts, and donations; expenditures

324.19105

Grants to counties for establishment of revolving loan fund; use of initial grant; percentage of grant utilized for administration of loan program; use of loans; establishment, duties, and membership of county loan board; conditions to making loan; annual audit; liability of county; maximum grant

324.19106 Waste stream assessments324.19107 Recycling and composting feasibility studies324.19108 Waste-to-energy feasibility studies

324.19109Educational program with respect to resource recovery; resource recovery education grant program; authorized grants; factors in selecting recipients; limitations on expenditures

324.19110 Solid waste transfer station grant program

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324.19111 Recycling and composting capital grant program324.19112 Waste-to-energy capital grant program324.19113 Recycling operational grant program324.19114 Composting operational grant program324.19115 Household hazardous waste disposal grant program

324.19116

Statewide market development research study; market development plan; market development grant program; selection of development projects; selecting recipients of market development grants; permits as condition to dispensing market development grant; limitation on expenditures

324.19117Program to perform hydro-geological monitoring studies on open and closed sanitary landfills and open dumps owned by municipalities

324.19118 Sanitary landfill and open dump closure or re-closure matching grant program324.19119 Project producing site separated materials; eligibility for grant

324.19120Administration of studies, assessments, and programs; application for inclusion in study or assessment or for grant; project summary

Website: http://www.legislature.mi.gov/(S(hkoicw55rzvgyp45knt2auvb))/mileg.aspx?page=getObject&objectName=mcl-451-1994-II-6-191

Guidance DocumentsAbrasive Blasting Memohttp://www.michigan.gov/documents/deq/deq-whmd-swp-AbrasiveBlasting_247524_7.doc Agricultural Use Approval-Approval Formhttp://www.michigan.gov/documents/deq/deq-whmd-swp-AUA-ApprovalForm_247526_7.pdf Agricultural Use Approval-Appendix B OpMemo Gen-8-Detection Limitshttp://www.michigan.gov/documents/deq/deq-whmd-swp-OpMemo-Gen_8_247547_7.pdf Agricultural Use Approval-Appendix C Part 115 Inert Criteriahttp://www.michigan.gov/documents/deq/deq-whmd-swp-OpMemo-Gen_8_247547_7.pdf Agricultural Use Approval-Appendix D Site Identification Formhttp://www.michigan.gov/documents/deq/deq-whmd-swp-SampleSiteIdentificationForm_247541_7.pdf Agricultural Use Approval-Appendix E Map of District Officeshttp://www.michigan.gov/documents/deq/deq-whmd-adm-officemap_247521_7.pdf Approved Shingle Recycling Locationshttp://www.michigan.gov/documents/deq/deq-whmd-swp-Recyling-ShingleLocations_273367_7.pdf Asphalt Shingle Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-AsphaltShingle_247530_7.pdf Shingle Recycling Site Plan Requirementshttp://www.michigan.gov/documents/deq/deq-whmd-swp-Recyling-ShingleSitePlan_247549_7.pdf Backyard Composting Informationhttp://www.michigan.gov/documents/deq/deq-whmd-swp-HomeComposting_247546_7.pdf Biofuel Residues and Waste FAQshttp://www.michigan.gov/documents/deq/deq-ess-p2tas-biofuelwaste_250844_7.pdf Concrete Grinding Slurry Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-ConcreteGrindingSlurry_247537_7.pdf Drywall Recycling Locationshttp://www.michigan.gov/documents/deq/DEQ-WHMD-STSW-Drywall_Recycling_Locations_268908_7.pdf Gypsum Drywall Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-GypsumDryWall_247538_7.pdf Drywall Recyclinghttp://www.michigan.gov/documents/deq/deq-ess-p2tas-drywall_185414_7.pdf Electronic Waste Exemption

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http://www.michigan.gov/documents/deq/deq-whmd-swp-E-WasteReg_247532_7.pdf Electronic Waste Activity Notification (Form Only)http://www.michigan.gov/documents/deq/deq-whmd-swp-E-WasteNotify_247529_7.pdf Ethanol Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-EthanolSyrup_247531_7.pdf Ethanol Stillage and Syrup Agricultural Use Approvalhttp://www.michigan.gov/documents/deq/DEQ-WHMD-STSW_EthanolStillageSyrup_259400_7.pdf Fish Waste Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-FishWaste_247536_7.pdf Household Hazardous Waste Programshttp://www.michigan.gov/deq/0,1607,7-135-3585_4130-115394--,00.html Inert Materials Notificationhttp://www.michigan.gov/documents/deq/deq-whmd-swp-EQP5117-InertNotify_247528_7.pdf Lime Sludge Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-AUA-LimeSluge_247527_7.pdf Manure, Pauch, and Pen Waste Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-ManurePaunchPenWaste_247539_7.pdf On-Farm Anaerobic Digestionhttp://www.michigan.gov/documents/deq/DEQ-WHMD-On-Farm-Anaerobic-Digestion_266497_7.pdf Scrap Wood Recycling Locationshttp://www.michigan.gov/documents/deq/deq-whmd-swp-Recyling-Scrap_Wood_Locations_247548_7_270301_7.pdf Scrap Wood Exemptionhttp://www.michigan.gov/documents/deq/deq-whmd-swp-Exemption-ScrapWood_247543_7.pdf Tire Material Designation of Inertnesshttp://www.michigan.gov/documents/deq/deq-whmd-stp-Designation-TireInert_247522_7.pdf

Website: http://www.michigan.gov/deq/0,1607,7-135-3312_4123-14201--,00.html Solid Waste Operational Memos

Responding to Illegal Disposal of Hazardous and Liquid Waste in Solid Waste Landfillshttp://www.michigan.gov/documents/deq/Op_Memo_111-21_247922_7.pdf Extension of Part 115 Permit/License Deadlines http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-1.pdf Advisory Analysis http://www.michigan.gov/documents/deq/deq-rmd-swlas-opmemo_115_2_358140_7.pdf Permitting of Transfer Stations http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-4.pdf Processing of Part 115 Operating License and Construction Permit Applications http://www.michigan.gov/documents/deq/deq-whmd-opmemo-115-7_231326_7.pdf Procedure for Consistency Determinations http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-8.pdf Part 115 Enforcement Procedures http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-9.pdf Sanitary Landfill Alternate Daily Cover Approval Requirements and Procedures http://www.michigan.gov/documents/deq/deq-whmd-opmemo-115-10_270074_7.pdf Analysis of Metals from Groundwater Monitoring Wells http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-13.pdf Lab Detection Limits for Use with Part 115 Permits/Licenses http://www.michigan.gov/documents/deq/deq-whmd-opmemo-115-14_227720_7.pdf Tracer Monitoring Systems and Programs http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-15.pdf

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Definitions of "Landfill Unit," "Existing Unit," "Pre-existing Unit," and "New Unit" http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-17.pdfConstruction Permit Modifications http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-18.pdfDestructive Seam Testing Criteria for Smooth Sheet High Density Polyethylene Geomembranes http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-19.pdfWaste Pile Regulation http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-20.pdfGuidance and Procedures: "Fast Track" Enforcement for Violations of Part 115, Solid Waste Management, of NREPA http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-21.pdfProcessing of Part 115 Operating License Amendments Procedures http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-22.pdfRegulation of Mobile  Home Salvaging and Disposal http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-23.pdfSolidification of Liquid Industrial Waste http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-24.pdfLagoon Closures http://www.michigan.gov/documents/deq/deq-wmd-opmemo-115-25_231330_7.pdfNatural Soil Barrier Certification Documentation http://www.deq.state.mi.us/documents/deq-wmd-opmemo-115-26.pdfEnforcement of Prohibited Waste Restrictions http://www.michigan.gov/documents/deq/DEQ-WHMD-OpMemo_115-27_271593_7.pdfLaboratory Detection Limits for Environmental Detection Monitoring Programs http://www.michigan.gov/documents/deq/deq-whm-hwp-Op-Memo-Gen-08-Rev8_235135_7.pdf Performance Monitoring of Groundwater Purge Systems http://www.michigan.gov/documents/deq/deq-whm-hwp-Op-Memo-Gen-11-Revised_234368_7.pdf Use of Yard Clippings Compost as Landfill Cover http://www.deq.state.mi.us/documents/deq-wmd-opmemo-GEN-13.pdfRemediation Advisory Team  http://www.michigan.gov/documents/deq/Op_Memo_Gen-15_Revision_1_247942_7.pdf

Website: http://www.michigan.gov/deq/0,1607,7-135-3312_4123-9890--,00.html Scrap Tire Operational Memos

Tire Storage Area and Collection Site Bondinghttp://www.michigan.gov/documents/deq/DEQ-WHMD-STP-OpMemo_169-01_268972_7.pdfEnforcement Against Disposal of Tires at a Noncompliant Collection Site http://www.michigan.gov/documents/deq/DEQ-WHMD-STP-OpMemo_169-02_268973_7.pdfStatewide Strategy to Expand the use of Tire-Derived Fuelshttp://www.deq.state.mi.us/documents/deq-wmd-stp-tirefuel.pdfDesignation of Inertness for Tire Materialhttp://www.michigan.gov/documents/deq/deq-whmd-stp-Designation-TireInert_247522_7.pdf

Website: http://www.michigan.gov/deq/0,1607,7-135-3312_4122-10084--,00.html

Emerging Issues

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Funding – DEQ’s program is currently funded based on a $0.21/ton surcharge on waste disposal. With waste disposal volumes down ~25% due to the economic downturn, and continued success of efforts to reduce, beneficially reuse, and recycle waste, less waste is being disposed and less revenue is being generated to support the program. This situation has forced the state to utilize funds out of the State’s perpetual care account to fill operating budget shortfalls. This fund will be depleted after FY11, and a fee increase has been proposed to help fill the budget gap. To minimize the impacts of the funding challenges ahead, the DEQ implemented a program reduction in December 2010, resulting in a loss of approximately 25 percent of program staff.

In addition to less revenue for the state, the economic downturn has also meant less income for operators, resulting in less capital available for expansions and new construction as well as funds for closure, post-closure, and corrective action. As a result, several smaller, privately-owned landfills do not have adequate funds to comply with regulations and are considering selling their facilities.

Under the appropriations act for the fiscal year beginning October 1, 2011, the DEQ is required to develop a report on implementation of the state’s Solid Waste Policy. The report is required to identify options for long-term funding of the program, and to assess the feasibility of contracting out landfill inspections. The report is due June 30, 2012.

Financial Assurance Challenges – DEQ lost their financial assurance coordinator position, a dedicated staff responsible for evaluating financial assurance requirements for landfills, processors and transfer stations. These financial assurance instruments are updated annually and ensure that the owner/operator has sufficient funds for closure, post-closure activities, and potential corrective action. A workgroup was formed with local government and industry to evaluate current financial assurance requirements and recommend improvements to both the mechanisms and existing infrastructure. This workgroup should have its report, including any recommendations to the legislature, completed this fall.

Beneficial Use – DEQ has made a number of guidance, exemptions, designations and interpretations to facilitate the beneficial use of solid wastes such as tires, shingles, foundry sand and coal ash. With the economic downturn, many facilities which were successfully diverting these materials for reuse in beneficial use markets have begun to speculatively accumulate these materials in stockpiles which are larger than their exemption allows. This has led to violation notices and enforcement. DEQ would like to continue supporting beneficial use of solid wastes and byproducts, but would like to avoid large accumulations of these materials which may end up being abandoned and require state funded clean-up.

Rule Packages – A rules package is under development to eliminate the exemption that allows residential trash burning in burn barrels. The joint rule (air and waste) is currently being reevaluated by stakeholders in light of legislative opposition. More information can be found at: http://www.michigan.gov/deq/0,1607,7-135-3310_4148-65250--,00.html.

Another rule package is under development to amend the composting and inertness provisions. The goal is to promote beneficial use by amending the inertness criteria, allowing for self-implementing beneficial use of certain industrial by-products, and allowing for the composting and land application of additional wastes (i.e., food waste, foundry sand, coal ash, etc). A public hearing was held on December 6, 2010 on the proposed rules. RMD is currently working with stakeholders to address concerns prior to advancing the rule package. More information can be found at the following website: http://www.michigan.gov/deq/0,1607,7-135-3312_4123-211036--,00.html

Recommendations for USEPA DEQ made the following recommendations for EPA assistance:

- Technical and economic evaluation of conversion technologies (i.e., gasification, plasma-arc, etc.) being proposed for mixed municipal solid wastes. These technologies are designed to produce biofuels or other energy sources. A national evaluation of these technologies for managing mixed MSW would assist DEQ and local governments in their evaluations of proposals.

- Maintain list serves for scrap tires, recycling market development, beneficial use and municipal solid waste landfills. These peer to peer exchanges assist greatly as they facilitate learning from other states with similar issues and

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screening of new technologies and companies.- Maintain the RCC Scrap Tire Workgroup as this has been one of the most successful collaborative efforts between

the EPA, states, and industry stakeholders. This group has a very good working relationship and communications between the members is strong.

Document Revision Date: September 9, 2010Contact: Rebecca Geyer

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