Statutes, Regulations, and Regulatory Guidance

The following is a comprehensive list of Michigan statutes, regulations and regulatory guidance related to WasteWatcher issues.

Natural Resources and Environmental Protection Act, 1994 PA 451 Part 115.  This comprehensive law covers various aspects of solid waste management including definitions, municipal solid waste management program certification procedures, landfill construction permits and licensing, inspections, and planning agency procedures.  Part 115 was amended in March 2004 by several key pieces of legislation (Public Acts 34 to 44).

Part 115 Rules.  Includes specific rules and procedures for implementing Part 115.

Public Act 34.  Act 34  prohibits certain wastes from disposal in Michigan landfills, including yard clippings, used beverage containers, liquid waste, medical waste, used oil (see complete list of restricted materials with definitions and appropriate disposal options for these wastes).

Public Act 35.  Includes definitions:  for example, what constitutes a "beverage container" in Michigan.  Beverage containers are prohibited from landfills.

Public Act 36.  Gives the Director of DEQ the authority to issue an order restricting or prohibiting the transportation or disposal of solid waste originating within or outside of this state if both of the following apply:

• The director, after consultation with appropriate officials, has determined that the transportation or disposal of the solid waste poses a substantial threat to the public health or safety or to the environment.
• The director determines that the restriction or prohibition on the transportation or disposal of the solid waste is necessary to minimize or eliminate the substantial threat to public health or safety or to the environment.

Public Act 37.  Act 37 required DEQ to notify each state, the country of Canada, and each province in Canada that landfills wastes in Michigan that it will not accept for disposal in landfills the prohibited items found in Act 34.  Further, Act 37 required DEQ to compile a list of jurisdictions that have comparable solid waste programs that restrict prohibited items and to distribute this list to state landfills.

Public Act 38.  Limits the construction of new landfills where the permit application was received after January 1, 2004 and before January 1, 2006.

Public Act 39.  Requires landfill owners to annually submit a report to the state and the county and municipality in which the landfill is located that contains information on the amount of solid waste received by the landfill during the year itemized, to the extent possible, by county, state, or country of origin and the amount of remaining disposal capacity at the landfill

Public Act 40.  Act 40 helps ensure compliance with waste prohibition rules by requiring that one of three criteria be met before a landfill accepts waste for disposal that was generated outside of Michigan:

• The solid waste is composed of a uniform type of item, material, or substance, other than municipal solid waste incinerator ash, that meets the requirements for disposal in a landfill.
• The solid waste was received through a material recovery facility, a transfer station, or other facility that has documented that it has removed prohibited items from the solid waste being delivered to the landfill.
• The country, state, province, or local jurisdiction in which the solid waste was generated has a documented and enforceable solid waste program that prevents the disposal of prohibited wastes identified in Act 34.

Public Act 41.  Act 41 establishes civil penalties for violations (not more than $10,000.00 for each day for a first violation and not more than $25,000.00 for each day of violation for second or subsequent violations).

Public Act 42.  Act 42 requires DEQ to post on its website a list of materials prohibited from disposal in a landfill and appropriate disposal options for those materials.  Act 42 also requires solid waste haulers that dispose of solid waste in a landfill to annually notify each of its customers the following:

• the materials that are prohibited from disposal in a landfill,
• the appropriate disposal options for those materials as described on the department’s website, and
• DEQ’s website address where the disposal options are described.

Public Act 43.  Act 43 relates to DEQ and state police inspections of disposal areas (e.g., landfills) and solid waste transport vehicles.  Disposal area inspections must be conducted at least four times per year.  DEQ or the state police may conduct regular, random inspections of waste being transported for disposal at disposal areas in Michigan. Inspections may be conducted at disposal areas or other locations.

Public Act 44.  Act 44 defines responsibilities of Michigan counties and municipalities with regard to the development and maintenance of solid waste management plans.  Each solid waste management plan must include an enforceable program and process to assure that the nonhazardous solid waste generated in the planning area for a period of 10 years or more is collected and recovered, processed, or disposed of at disposal areas that comply with state law and rules promulgated by DEQ.  Solid waste management plans may include an enforceable program and process to assure that only items authorized for disposal in a disposal area under this part and the rules promulgated under this part are disposed of in the disposal area.

Memorandum dated February 8, 2005, regarding Implementation of Solid Waste Amendments Regarding Prohibited Waste Amendment of Plans and Procedures.  DEQ memorandum provides guidance to landfill owners and operators in the implementation of Public Acts 34 and 40, including criteria for acceptance of solid waste for disposal and upgrading of operational plans.

List of Jurisdictions with Comparable Landfill Disposal Prohibitions (most recent version).  DEQ memorandum pursuant to Public Act 37, DEQ has compiled this list of jurisdictions that prohibit from disposal items that are also prohibited from landfill disposal in Michigan.

Solid Waste Operational Memo 115-27, Revision 1, Enforcement of Prohibited Waste Restrictions, dated October 19, 2004.  DEQ memorandum provides additional information to solid waste landfill owners or operators and solid waste haulers pursuant to Public Acts 34 and 40, including list of prohibited wastes, determination of “de minimis,” acceptance of whole tires, acceptance of yard clippings, documentation of compliance by landfill owners, and prohibited waste inspection procedures, and response to violations.

Memorandum dated October 13, 2004.  DEQ memorandum regarding the uniform solid waste record form and other revised forms used by landfill operators to demonstrate compliance with Public Act 40 (Section 11526a(1) of Part 115), including use of Solid Waste Manifest Record (Form EQP 5223)and Prohibited Waste Removal Record (Form EQP 5222).

Memorandum dated September 30, 2004.  DEQ memorandum regarding the list of jurisdictions with comparable solid waste disposal requirements and the disposal of solid waste.

Memorandum dated September 30, 2004.  DEQ memorandum regarding the documentation of the removal of prohibited waste.

Memorandum dated February 8, 2005.  DEQ memorandum regarding Implementation of Solid Waste Amendments with respect to Prohibited Waste Amendment of Plans and Procedures.