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Overview
The Michigan Department
of Environmental Quality (DEQ) has implemented a comprehensive solid waste
strategy designed to
This page summarizes the
Michigan laws and regulations that underlie the strategy.
The primary law:
Part 115 of the Natural Resources and Environmental Protection Act
The primary Michigan law
governing solid waste management
is the
Natural Resources and Environmental Protection Act, 1994 PA 451 Part 115 (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
-
planning agency procedures
Part 115 was amended in March 2004
by several key pieces of legislation:
-
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).
-
Act 37 requires DEQ to
notify each state, the country of Canada, and each province in Canada that
sends wastes to Michigan landfills that it will not accept for disposal in
landfills the prohibited items found in Act 34. Further, Act 37
requires 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.
-
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, or
-
The solid waste was
received through a material recovery facility, a transfer station, or
other facility (e.g., the landfill itself) that has documented that it
has removed prohibited items from the solid waste being delivered to the
landfill, or
-
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.
Additional acts pertaining
to the solid waste management issues covered by WasteWatcher or amendments to
Part 115 were also passed in March 2004 (see full
list of acts and amendments).
New Responsibilities for
Landfills
The 2004 amendments
to Part 115 prohibit the disposal of a variety of wastes in municipal solid
waste landfills in Michigan. Part 115 also requires that:
- owners and
operators of landfills implement a program for detecting and preventing
the disposal of prohibited wastes, and that
- landfill
engineering and operation plans describe the procedures and processes
used for such activities.
DEQ has published a
list of program components that it feels are minimal requirements (see
DEQ Feb. 8, 2005 memo, attachment 1). These components should be
incorporated into the landfill engineering and operational plans as
originally required by Part 115 (see
R 299.4911 of Solid Waste Management Act Administrative Rules). The
list includes:
-
Training of gate and
operations staff to recognize and detect prohibited waste and verify the
accuracy of information provided by the hauler,
-
Procedures for
checking paperwork of out-of state municipal waste loads for compliance
with Part 115 (i.e., Prohibited Waste Removal Record form, Solid Waste
Manifest form, or Uniform Solid Waste Record form),
-
Cameras or mirrors
for overhead inspection,
-
Procedures for random
inspections of incoming loads,
-
Procedures for
advanced characterization of incoming industrial or remediation wastes,
-
Prohibited waste
signs posted in public unloading areas,
-
Supervision of public
unloading areas,
-
Separate containers
in public unloading areas for holding prohibited items,
-
Procedures for
rejecting wastes, and
-
Recordkeeping
procedures.
If
landfills are actively removing prohibited waste before disposal, they
must document this
activity on the Prohibited Waste Removal Record form (EQP 5222). Also,
the landfill should update their engineering and operation plan to reflect this
activity.
DEQ recommends the
following plan updates (see full list in
Attachment 2 of Feb. 8, 2005 DEQ memo):
-
Procedures for
removing prohibited waste prior to delivery to landfill and before
acceptance for disposal,
-
Locations where waste
will be screened (cannot be screened at location of disposal – active
face) and prohibited wastes stored after removal,
-
Identify personnel
and equipment used for screening/removing prohibited waste,
-
Location of alternate
disposal for prohibited wastes,
-
Identification of who
at the landfill completes documentation of removal and how the
documentation is maintained, and
- Special training
requirements.
Inspection and Enforcement Issues
Routine Inspections. DEQ inspects active landfills at least
four times per year. Inspectors observe waste transport vehicles as
they unload, and review the forms or other information that the landfill
is required to maintain in order to document compliance.
DEQ/EPA Initiative. To help ensure that prohibited waste items
are not placed in Michigan landfills, DEQ carried out a joint initiative with
the U.S. Environmental Protection Agency, Region 5. The purpose was
to monitor the disposal of Canadian, inter-state, and intra-state municipal
solid waste in Michigan landfills, checking for compliance with Michigan's
environmental laws and regulations and with the Transboundary
Agreement between the United States and Canada. Under this initiative, a
Region 5 contractor conducted weekly, unannounced inspections between March
28, 2005 and October 28, 2005 at eight landfills known to receive Canadian
and inter-state waste shipments. The joint project built on an inspection
project that was carried out by DEQ in 2003.
Based on findings from the inspections, the DEQ
and U.S. EPA will provide technical assistance to landfill facilities and
state inspectors to improve management of imported waste, and to help develop
methods for screening out prohibited materials. The agencies will develop
and distribute outreach materials as appropriate, with the goal of raising
public awareness of general waste management issues, as well as of issues
associated with improper management of prohibited materials in landfills.
(More information
on the DEQ/EPA initiative.)
U.S. Customs
Inspections. U.S. Customs is primarily concerned with the security of
U.S. borders. However, they also play a role in monitoring the flow of
municipal wastes from Canada.
Their inspections
of municipal waste vehicles are primarily concerned with hidden narcotics
and
terrorist weapons. In one incident, for example, they used a gamma
x-ray unit to find 32 garbage bags and 27 hockey bags filled with
marijuana (September 2003). But they will take action in other cases as
well. In
2003 there were 81 penalties issued in Port Huron and 11 penalties issued
in Detroit against carriers for transporting medical waste material that
was not properly manifested.
All municipal
solid waste vehicles, passenger cars, and other cargo trucks pass through
radiation portals as they enter the U.S Canada. These portals are capable
of detecting both gamma and neutron radiation sources. The ports also have
gamma x-ray units that Customs officers use to inspect the trucks. In
addition, Customs will inspect a representative sample of solid waste
vehicles at the landfills. Customs officers escort the trucks to the
landfill and inspect the contents when it's unloaded. (More
information on U.S. Customs inspections of solid waste vehicles.)
State Police.
Under the authority of Part 115, the state police (as well as the DEQ) may
conduct regular, random inspections of waste being transported for disposal
at disposal areas in Michigan. These inspections may be conducted on
highways or at disposal areas.
Local
Law Enforcement Agencies. Local law enforcement agencies are
concerned about safety aspects of solid waste vehicles. According to
The Detroit News the Wayne County sheriff's division has written about 1,400
citations for overweight trucks since January 2004 -- netting about $900,000
in fines. Many of the citations were handed out to truckers hauling
Toronto's solid waste to Michigan landfills. In most states, the maximum
gross vehicle weight is 80,000 pounds, but Michigan's is 164,000 pounds,
primarily because of a large volume of international commerce. (The Detroit
News, June 8, 2005)
Sheriff Warren
Evans has assigned a division of six deputies to enforce the weight limits
in
Wayne County. He said the goal was to prevent serious traffic accidents and
road damage. Dearborn, Michigan police operate a program called
"Operation Roadcheck" that uses unit officers to inspect trucks and other
commercial vehicles. The officers check to see that the vehicles
comply with federal regulations governing brakes, suspension components,
weight laws, and hazardous cargo.
Related DEQ Reports
Solid
Waste Management Reports for Fiscal Year (FY) 2004:
Other
Solid Waste Documents:
More Resources
Draft
Part 115 Rule Interpretation Q&A Document.
List of Prohibited Wastes and Disposal Options for these Materials.
Solid Waste Management Forms
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