Landfill Prohibited Materials and Appropriate Disposal OptionsContact: Steve Sliver 517-284-6595Agency: Environmental Quality
Section 11514 of Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA), was amended by 2004 PA 34 to prohibit a person from delivering to a landfill for disposal, and a landfill owner or operator, from permitting the disposal in a landfill, of certain materials.
GUIDANCE FOR SOLID WASTE LANDFILL OWNERS OR OPERATORS:
- Memorandum dated February 8, 2005, regarding Implementation of Solid Waste Amendments Regarding Prohibited Waste Amendment of Plans and Procedures
- List of Jurisdictions with Comparable Landfill Disposal Prohibitions (most current version) (most current version)
- Solid Waste Operational Memo 115-27, Revision 1, Enforcement of Prohibited Waste Restrictions, dated October 19, 2004, provides additional information to solid waste landfill owners or operators and solid waste haulers
- Memorandum dated October 13, 2004, regarding the uniform solid waste record form and other revised forms to demonstrate compliance with Section 11536a(1) of Part 115
- Memorandum dated September 30, 2004, regarding the list of jurisdictions with comparable solid waste disposal requirements and the disposal of solid waste
- Application for Certification of Equivalent Landfill Disposal Prohibitions Form (EQP 5221) (PDF Format) (Word Format) Application Form Instructions
- Prohibited Waste Removal Record Form (EQP 5222) (may be used to document compliance with Section 11526a(1)(b) of Part 115 (most current version)
- Solid Waste Manifest Record Form (EQP 5223) (may be used to document compliance with Section 11526a(1)(c) of Part 115 (most current version)
- Uniform Solid Waste Record (EQP 5224) (may be used to document compliance with Section 11526a(1)(a) of Part 115 (most current version)
The following materials are prohibited under Section 11514 from disposal in a landfill:
- Compost and Yard Clippings
- Hazardous Waste
- Liquid Industrial By-Products (formerly Liquid Industrial Waste)
- Low-Level Radioactive Waste
- Medical Waste
- Scrap Tires
The NREPA was also amended by 2004 PA 42 that states in Section 11527a that the DEQ shall post on its Web site a list of materials prohibited from disposal in a landfill under Section 11514 and appropriate disposal options for those materials.
The following are appropriate disposal options for materials prohibited from disposal in a Michigan landfill that are not listed above:
Beverage containers - If a deposit was paid on the beverage container, then the container may be redeemed for deposit at a retailer at which the beverage is sold. If a deposit was not paid on the container because it was purchased out-of-state, the container may be recycled at a local recycling curbside or drop-off recycling program. Please contact your county recycling program for more information.
Lead acid battery - Recycling is the only correct way to manage spent used lead acid batteries. For more questions regarding business requirements on managing batteries, contact the District Office. Residences can contact your County Recycling Program for more information.
PCBs - PCBs are mixtures of synthetic organic chemicals with the same basic chemical structure and similar physical properties ranging from oily liquids to waxy solids. Concern over the toxicity and persistence in the environment of PCBs led Congress in 1976 to enact §6(e) of the Toxic Substances Control Act (TSCA) that included, among other things, prohibitions on the manufacture, processing, and distribution in commerce of PCBs. The TSCA is implemented in Michigan by the U.S. Environmental Protection Agency (EPA). Questions and concerns regarding the use or information on up-to-date disposal options of PCBs in Michigan should be addressed with the regulating authority, the EPA, Region 5 office, in Chicago, 312-353-2291. Go to EPA's page for information on federal requirements about proper management of PCBs.
Used oil - Used oil should be recycled at an appropriate collection point. Many oil change locations will accept used oil that has been kept separate from other liquids. Information regarding recycling of used oil, including answers to questions such as: What is used oil? What are the legal requirements for managing used oil? How is used oil recycled? What are transporter and marketer requirements? can be found in the guidance document called "Used Oil Overview." Businesses should contact the District Office for answers to questions regarding used oil not addressed in the used oil guidance document mentioned above. Residents can contact their County Recycling Program for more information.
The following additional items are prohibited from landfill disposal under the administrative rules promulgated pursuant to Part 115, R 299.4430, but are not listed in 2004 PA 34:
Empty drums - Drums must be either full of solid waste or be crushed in order to be disposed of in a solid waste landfill. For more information, please contact Margie Ring at firstname.lastname@example.org or 517-284-6592. For information on where to recycle empty drums, please visit the Recycled Materials Market Directory.
Materials that would adversely affect the landfill liner or leachate collection and removal systems - please contact Margie Ring at email@example.com or 517-284-6592 .
If you are unsure of who to call regarding your questions about proper disposal of an item, contact the DEQ's Environmental Assistance Center at 800-662-9278.