Michigan Laws 324.11555 – Management of compostable materials; temporary accumulation of yard waste; composting on a farm; composting facility; location requirements; list of composting facilities
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Terms Used In Michigan Laws 324.11555
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- local unit: means a municipality or county. See Michigan Laws 324.301
- month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Compostable material shall be managed by 1 of the following means:
(a) Composted on the property where the compostable material is generated.
(b) If yard waste, temporarily accumulated subject to subsection (2).
(c) Composted at a class 1 composting facility where the quantity of compostable material does not at any time exceed 500 cubic yards and does not create a nuisance.
(d) Composted at a small composting facility for which notification has been given under section 11568(3), if applicable.
(e) Composted on a farm as described by subsection (3).
(f) Composted at a medium composting facility registered under section 11568(3), if applicable.
(g) Composted at any of the following that has received approval under a general permit under section 11568(3), if applicable:
(i) A large composting facility.
(ii) A small or medium class 1 composting facility that meets the requirements of subsection (4) and where the total volume of class 1 compostable material other than yard waste exceeds 10% of the total volume of compostable material on-site, unless otherwise approved by the department.
(iii) A class 2 composting facility.
(h) Decomposed in a controlled manner using a closed container to create and maintain anaerobic conditions if in compliance with part 55 and otherwise approved by the department under part 115.
(i) Composted by a type II landfill if the following requirements are met:
(i) The landfill reports annually the number of cubic yards of compost managed.
(ii) The composting and use meet the following requirements:
(A) Take place on property described in the landfill construction permit.
(B) Are described in and consistent with the landfill operations plans.
(C) Are otherwise in compliance with this act.
(iii) Yard waste or unfinished compost is not used as daily cover.
(j) Disposed of in a landfill or an incinerator. This subdivision applies to yard waste only if all of the following requirements, as applicable, are met:
(i) The yard waste is any of the following:
(A) Diseased or infested.
(B) Plants that are prohibited species or restricted species, as defined in part 413, and that were collected through an eradication or control program.
(C) A state or federal controlled substance.
(D) Contaminated, with hazardous material as determined by the department.
(ii) The yard waste includes no more than a de minimis amount of yard waste other than that described in subparagraph (i).
(iii) For yard waste described in subparagraph (i)(A), (B), or (C), if the yard waste is composted, use of the compost may contribute to the spread of the disease or infestation or of viable invasive plant or controlled substance seeds or other propagules.
(2) A person may temporarily accumulate yard waste under subsection (1)(b) at a site not designed for composting if all of the following requirements are met:
(a) The accumulation does not create a nuisance or result in a violation of this act.
(b) The yard waste is not mixed with other compostable material.
(c) No more than 1,000 cubic yards are placed on-site unless a greater volume is approved by the department.
(d) Yard waste placed on-site on or after April 1 but before December 1 is moved to another location and managed as provided in subsection (1) within 30 days after being placed on-site. The department may approve a longer time period based on a demonstration that additional time is necessary.
(e) Yard waste placed on-site on or after December 1 but before the next April 1 is moved to another location and managed as provided in subsection (1) by the next April 1 after the yard waste is placed on-site.
(f) The owner or operator of the site maintains and makes available to the department records necessary to demonstrate that the requirements of this subsection are met.
(g) The owner or operator of the site annually notifies the department that it is a temporary yard waste accumulation site.
(3) A person may compost class 1 compostable material on a farm under subsection (1)(e) if all of the following requirements are met:
(a) All the compost is used on the farm.
(b) The composting does not result in a violation of this act and is done in compliance with GAAMPS.
(c) Any of the following apply:
(i) Only class 1 compostable material that is generated on the farm and does not contain paper products, dead animals, or compostable products is composted.
(ii) There is not more than 5,000 cubic yards of class 1 compostable material on the farm at any time.
(iii) All of the following requirements are met:
(A) The farm operation accepts class 1 compostable material only to assist in management of waste material generated by the farm operation or to supply the nutrient needs of the farm as determined by a certified crop advisor, Michigan agriculture environmental assurance program technician, comprehensive nutrient management plan writer, licensed professional engineer, or staff of the department of agriculture and rural development who administer the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(B) The farm operation does not accept compostable material generated at a location other than the farm for monetary or other valuable consideration.
(C) The owner or operator of the farm registers with the department of agriculture and rural development and certifies that the farm operation meets and will continue to meet the requirements of sub-subparagraphs (A) and (B).
(4) The owner or operator of a composting facility that is subject to a requirement for notification, registration, or approval under a general permit under section 11568(3) shall meet the following requirements, as applicable:
(a) Composting and management of the site occurs in a manner that meets all of the following requirements:
(i) Does not result in an accumulation of compostable material for a period of over 3 state fiscal years unless the site has the capacity to compost the compostable material and the owner or operator of the site can demonstrate, beginning with the third full state fiscal year after commencement of operation and each state fiscal year thereafter, unless a longer time is approved by the department, that the amount of compostable material and compost that is transferred off-site in a state fiscal year is not less than 75% by weight or volume, accounting for natural volume reduction, of the amount of compostable material and compost that was on-site at the beginning of the state fiscal year.
(ii) Results in finished compost with not more than 1%, by weight, of foreign matter that will remain on a 4-millimeter screen.
(iii) If yard waste is collected in bags other than paper bags or compostable bags meeting ASTM D6400 “Standard Specification for Compostable Plastics”, by ASTM International, debags the yard waste by the end of each business day.
(iv) Prevents the pooling of water by maintaining proper slopes and grades.
(v) Operates in compliance with parts 31 and 55.
(vi) Does not attract or harbor rodents or other vectors.
(b) The owner or operator maintains, and makes available to the department, all of the following records:
(i) Records identifying the volume of compostable material accepted by the facility each month, the volume of compostable material and of compost transferred off-site each month, and the volume of compostable material on-site on October 1 each year.
(ii) Records demonstrating that the composting is performed in a manner that prevents nuisances and minimizes anaerobic conditions. Unless otherwise provided by the department, these records shall include carbon-to-nitrogen ratios, the amount of leaves and the amount of grass in tons or cubic yards, temperature readings, moisture content readings, and lab analysis of finished compost products.
(c) If the site is a small composting facility, the site is operated in compliance with the following location conditions:
(i) If the site was in operation on December 1, 2007, the management or storage of compost, compostable material, and residuals does not expand from its location on that date to an area that is within the following distance from any of the following features:
(A) 50 feet from a property line.
(B) 200 feet from a residence.
(C) 100 feet from a body of surface water, including a lake, stream, or wetland.
(ii) If the site begins operation after December 1, 2007, the management and storage of compost, compostable material, and residuals occur at least the following distance from each of the following features:
(A) 50 feet from a property line.
(B) 200 feet from a residence.
(C) 100 feet from a body of surface water, including a lake, stream, or wetland.
(D) 2,000 feet from a type I or type IIa water supply well.
(E) 800 feet from a type IIb or type III water supply well.
(F) 500 feet from a church or other house of worship, hospital, nursing home, licensed day care center, or school, other than a home school.
(G) 4 feet above groundwater.
(5) A local unit of government may impose location requirements that are more restrictive than those in subsection (4)(c)(i) and (ii). However, the local requirements shall not be so restrictive that a facility that meets the requirements of the siting process in the materials management plan cannot be established.
(6) A site at which compostable material is managed in compliance with this section, other than a site described in subsection (1)(i) or (j), is not a disposal area.
(7) The department shall maintain and post on its website a list of composting facilities for which notification has been given, which are registered, or which are approved under a general permit under section 11568(3). Except as provided in section 11514, a hauler shall not deliver yard waste to a site that is not on the list. A contract between a local unit of government and a hauler for curbside pick-up of yard waste or collection of yard waste from a drop-off location shall require the delivery of the yard waste to a site on the list.