Michigan Compiled Laws
451-1994-II-3-115-6 - Subpart 6 Incinerators and Open Burning (324.11539...324.11545)
Section 324.11539 - Plan Update; Approval; Conditions; Rules.

***** 324.11539 THIS SECTION IS AMENDED EFFECTIVE MARCH 29, 2023: See 324.11539.amended *****
Sec. 11539.
(1) The director shall not approve a plan update unless:
(a) The plan contains an analysis or evaluation of the best available information applicable to the plan area in regard to recyclable materials and all of the following:
(i) The kind and volume of material in the plan area's waste stream that may be recycled or composted.
(ii) How various factors do or may affect a recycling and composting program in the plan area. Factors shall include an evaluation of the existing solid waste collection system; materials market; transportation networks; local composting and recycling support groups, or both; institutional arrangements; the population in the plan area; and other pertinent factors.
(iii) An identification of impediments to implementing a recycling and composting program and recommended strategies for removing or minimizing impediments.
(iv) How recycling and composting and other processing or disposal methods could complement each other and an examination of the feasibility of excluding site separated material and source separated material from other processing or disposal methods.
(v) Identification and quantification of environmental, economic, and other benefits that could result from the implementation of a recycling and composting program.
(vi) The feasibility of source separation of materials that contain potentially hazardous components at disposal areas. This subparagraph applies only to plan updates that are due after January 31, 1989.
(b) The plan either provides for recycling and composting recyclable materials from the plan area's waste stream or establishes that recycling and composting are not necessary or feasible or is only necessary or feasible to a limited extent.
(c) A plan that proposes a recycling or composting program, or both, details the major features of that program, including all of the following:
(i) The kinds and volumes of recyclable materials that will be recycled or composted.
(ii) Collection methods.
(iii) Measures that will ensure collection such as ordinances or cooperative arrangements, or both.
(iv) Ordinances or regulations affecting the program.
(v) The role of counties and municipalities in implementing the plan.
(vi) The involvement of existing recycling interests, solid waste haulers, and the community.
(vii) Anticipated costs.
(viii) On-going program financing.
(ix) Equipment selection.
(x) Public and private sector involvement.
(xi) Site availability and selection.
(xii) Operating parameters such as pH and heat range.
(d) The plan includes an evaluation of how the planning entity is meeting the state's waste reduction and recycling goals as established pursuant to section 11541(4).
(2) A disposal area permitted, licensed, or otherwise in existence on the date of approval of the solid waste management plan for the planning area where the disposal area is located shall be considered to be consistent with the plan and included in the plan.
(3) The director may promulgate rules as may be necessary to implement this section.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2018, Act 640, Imd. Eff. Dec. 28, 2018 Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste ActAdmin Rule: R 299.4101 et seq. of the Michigan Administrative Code.