MI HB5400

Establishes framework for beneficial use by-products (coal ash, foundry sand, cement kiln dust, pulp and paper mill material, and other industrial materials) to be used for specified purposes without solid waste disposal permits if they meet environmental standards and cumulative loading limits.

Creates five categories of beneficial uses: aggregate/road material bonded by cement or asphalt (Beneficial Use 1); construction fill and road base on nonresidential property (Beneficial Use 2); fertilizer/soil conditioner application at agronomic rates (Beneficial Use 3); waste treatment and remediation (Beneficial Use 4); and soil manufacturing from blended materials (Beneficial Use 5).

Requires beneficial use by-product materials to be registered or licensed under fertilizer regulations (Part 85) and must comply with storage requirements, leachate standards, and cumulative loading limits for heavy metals including arsenic, cadmium, copper, lead, mercury, nickel, selenium, and zinc.

Allows the Department of Environmental Quality to approve additional materials and uses as beneficial use by-products, inert materials, or low-hazard industrial wastes through a 150-day review process, with department of agriculture and rural development handling administration of beneficial use materials registered as fertilizers or soil conditioners.

Transfers regulation of fertilizer and soil conditioner materials used as beneficial use by-products to the Department of Agriculture and Rural Development rather than the Department of Environmental Quality, effective September 16, 2014.