2003 Senate Bill 498 / 2004 Public Act 34

Introduced in the Senate

May 15, 2003

Introduced by Sen. Patricia Birkholz (R-24)

To make it a crime to knowingly dispose beverage containers, whole tires, oil, lead acid batteries, low-level radioactive waste, and hazardous waste in Michigan landfills. It is already a crime to knowingly dispose medical waste in a landfill.

Referred to the Committee on Natural Resources and Environmental Affairs

Oct. 9, 2003

Reported without amendment

With the recommendation that the substitute (S-6) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one recommended by the Natural Resources and Environmental Affairs. The substitute incorporates changes resulting from extensive negotiations on a large package of related bills which seek to restrict the deposit of imported solid waste in Michigan landfills, without violating the Commerce Clause of the U.S. Constitution, or international trade agreements. See Senate-passed version for details.

The substitute passed by voice vote

Amendment offered by Sen. Bruce Patterson (R-7)

To prohibit depositing political yard signs or yard signs advocating an issue in Michigan landfills.

The amendment failed by voice vote

Passed in the Senate 36 to 0 (details)

To make it a crime to knowingly dispose beverage containers, whole tires, or yard waste in Michigan landfills, and to make it a crime to deposit oil, lead acid batteries, low-level radioactive waste, hazardous materials, sewage, liquid waste, PCBs or asbestos in a landfill, whether knowingly or not. It is already a crime to knowingly dispose medical waste in a landfill. The bill is part of a legislative package comprised of Senate Bills 57, 98, 497, 498, 499, 502, 505, 506, 557, 715, and Senate Resolutions 4 and 12.

Received in the House

Oct. 14, 2003

Referred to the Committee on Land Use and Environment

Nov. 6, 2003

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass. The substitute allows "de minimis" amounts of beverage containers, whole tires, and yard clippings to be deposited in landfills.

Feb. 5, 2004

Substitute offered

To replace the previous version of the bill with one that would allow the disposal of “de minimis” quantities of beverage containers, yard clippings, or whole tires. "De minimis" is defined as incidental disposal of small amounts commingled with other solid waste. It would also to make it a crime to knowingly dispose more than a "de minimis" amount of beverage containers, whole tires, or yard waste in Michigan landfills, and to make it a crime to deposit oil, lead acid batteries, low-level radioactive waste, hazardous materials, sewage, liquid waste, PCBs or asbestos in a landfill, whether knowingly or not. It is already a crime to knowingly dispose medical waste in a landfill. “De minimis” is defined as an incidental disposal of small amounts commingled with other solid waste. The bill would allow the disposal of beverage containers, whole tires, or yard waste in Michigan landfills if the Department of Environmental Quality determined that there was no place else to put them.

The substitute passed by voice vote

Amendment offered by Rep. Julie Dennis (D-92)

To strip out the the “de minimis” exception, which allows the disposal in landfills of small amounts of returnable beverage containers, yard clippings, or whole tires.

The amendment failed 45 to 60 (details)

Amendment offered by Rep. Barbara Farrah (D-13)

To clarify that the provisions of the bill apply to municipal solid waste incinerators as well as landfills.

The amendment passed by voice vote

Amendment offered by Rep. Matt Milosch (R-55)

To define "de minimis" amounts of otherwise-prohibited solid waste as incidental disposal of small amounts of these materials that are commingled with other solid waste.

The amendment passed by voice vote

Passed in the House 88 to 17 (details)

To make it a crime to knowingly dispose more than a "de minimis" amount of beverage containers, whole tires, or yard waste in Michigan landfills, and to make it a crime to deposit oil, lead acid batteries, low-level radioactive waste, hazardous materials, sewage, liquid waste, PCBs or asbestos in a landfill, whether knowingly or not. It is already a crime to knowingly dispose medical waste in a landfill. “De minimis” is defined as an incidental disposal of small amounts commingled with other solid waste. The bill would allow the disposal of beverage containers, whole tires, or yard waste in Michigan landfills if the Department of Environmental Quality determined that there was no place else to put them.

Received in the Senate

Feb. 10, 2004

March 2, 2004

Substitute offered by Sen. Patricia Birkholz (R-24)

To replace the previous version of the bill with one that eliminates the provision authorizing the Department of Environmental Quality to allow the disposal of beverage containers, whole tires, or yard waste in Michigan landfills if it determines that there was no place else to put them. Instead, the department would only be authorized to submit a report to the legislature giving the basis for the determination.

The substitute passed by voice vote

Passed in the Senate 37 to 0 (details)

To concur with the House-passed version of the bill, amended to eliminate the provision authorizing the Department of Environmental Quality to allow the disposal of beverage containers, whole tires, or yard waste in Michigan landfills if it determines that there was no place else to put them. Instead, the department would only be authorized to submit a report to the legislature giving the basis for the determination.

Received in the House

March 9, 2004

To concur with the Senate-passed version of the bill, which eliminates the provision authorizing the Department of Environmental Quality to allow the disposal of beverage containers, whole tires, or yard waste in Michigan landfills if it determines that there was no place else to put them. Instead, the department would only be authorized to submit a report to the legislature giving the basis for the determination.

Passed in the House 96 to 9 (details)

Signed by Gov. Jennifer Granholm

March 26, 2004