LIQUID INDUSTRIAL WASTE S.B. 92 (S-2): FLOOR ANALYSIS


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Senate Bill 92 (Substitute S-2 as reported)
Sponsor: Senator Raymond E. Basham
Committee: Natural Resources and Environmental Affairs

CONTENT
The bill would amend Part 121 (Liquid Industrial Waste) of the Natural Resources and Environmental Protection Act to provide that the following would not be liquid industrial waste when managed as specified:

-- A liquid vegetable or animal fat oil that was transported directly to a biofuel producer for the purpose of converting the oil to biofuel.
-- Food processing residuals, or site-separated material or source-separated material approved under Part 115 (Solid Waste Management), that were decomposed for the purpose of producing biogas that could be converted to energy.
-- A liquid regulated under Public Act 239 of 1982 (which governs the disposal of dead animals).
-- A liquid or a sludge and associated liquid authorized to be applied to land under Part 31 (Water Resources Protection) or 115.
-- A residual amount of liquid remaining in a container and generated as a result of transportation of a solid waste in that container.
-- A liquid brine authorized for use as dust and ice control.


In addition, the bill would exclude a certain amount of liquid residue remaining in a container after pouring, pumping, aspirating, or another practice commonly employed to remove liquids had been used, until the residue was discarded.


The bill also would prohibit the storage of liquid industrial waste for longer than one year, except for reclamation purposes; revise several requirements concerning generators and transporters of liquid industrial waste; and revise provisions concerning action that must be taken in the event of a discharge or spill.


MCL 324.12101 et al. Legislative Analyst: Suzanne Lowe

FISCAL IMPACT
The bill would have an indeterminate fiscal impact on local government if it resulted in more or fewer violations of Part 121. There are no data to indicate how many offenders have been convicted of misdemeanors for violating this part. To the extent that the bill resulted in increased convictions or incarceration time, local governments would incur increased costs of misdemeanor probation and incarceration in local facilities, which vary by county. Additional penal fine revenue would benefit public libraries.


The bill would have no fiscal impact on the Department of Environmental Quality.


Date Completed: 10-25-07 Fiscal Analyst: Lindsay Hollander/Jessica Runnels


floor\sb92 Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb92/0708