NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
Part 117
SEPTAGE WASTE SERVICERS


324.11701 Definitions.

Sec. 11701.

    As used in this part:
    (a) "Agricultural land" means land on which a food crop, a feed crop, or a fiber crop is grown, including land used or suitable for use as a range or pasture; a sod farm; or a Christmas tree farm.
    (b) "Certified health department" means a city, county, or district department of health certified under section 11716.
    (c) "Cesspool" means a cavity in the ground that receives waste to be partially absorbed directly or indirectly by the surrounding soil.
    (d) "Department" means the department of environmental quality or its authorized agent.
    (e) "Director" means the director of the department of environmental quality or his or her designee.
    (f) "Domestic septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar storage or treatment works that receives only domestic sewage. Domestic septage does not include liquid or solid material removed from a septic tank, cesspool, or similar facility that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant waste.
    (g) "Domestic sewage" means waste and wastewater from humans or household operations.
    (h) "Domestic treatment plant septage" means biosolids generated during the treatment of domestic sewage in a treatment works and transported to a receiving facility or managed in accordance with a residuals management program approved by the department.
    (i) "Farm operation" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
    (j) "Food establishment septage" means material pumped from a grease interceptor, grease trap, or other appurtenance used to retain grease or other fatty substances contained in restaurant wastes and that is blended into a uniform mixture, consisting of not more than 1 part of that restaurant-derived material per 3 parts of domestic septage prior to land application or is disposed of at a receiving facility.
    (k) "Fund" means the septage waste program fund created in section 11717.
    (l) "Governmental unit" means a county, township, municipality, or regional authority.
    (m) "Incorporation" means the mechanical mixing of surface-applied septage waste with the soil.
    (n) "Injection" means the pressurized placement of septage waste below the surface of soil.
    (o) "Operating plan" means a plan developed by a receiving facility for receiving septage waste that specifies at least all of the following:
    (i) Categories of septage waste that the receiving facility will receive.
    (ii) The receiving facility's service area.
    (iii) The hours of operation for receiving septage waste.
    (iv) Any other conditions for receiving septage waste established by the receiving facility.
    (p) "Pathogen" means a disease-causing agent. Pathogen includes, but is not limited to, certain bacteria, protozoa, viruses, and viable helminth ova.
    (q) "Peace officer" means a sheriff or sheriff's deputy, a village or township marshal, an officer of the police department of any city, village, or township, any officer of the Michigan state police, any peace officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, or any conservation officer appointed by the department or the department of natural resources under section 1606.
    (r) "Portable toilet" means a receptacle for human waste temporarily in a location for human use.
    (s) "Receiving facility" means a structure that is designed to receive septage waste for treatment at a wastewater treatment plant or at a research, development, and demonstration project authorized under section 11511b to which the structure is directly connected, and that is available for that purpose as provided for in an ordinance of the local unit of government where the structure is located or in an operating plan. Receiving facility does not include either of the following:
    (i) A septic tank.
    (ii) A structure or a wastewater treatment plant where the disposal of septage waste is prohibited by order of the department under section 11708 or 11715b.
    (t) "Receiving facility service area" or "service area" means the territory for which a receiving facility has the capacity and is available to receive and treat septage waste, except that the geographic service area of a receiving facility shall not extend more than 25 radial miles from the receiving facility.
    (u) "Sanitary sewer cleanout septage" means sanitary sewage or cleanout residue removed from a separate sanitary sewer collection system that is not land applied and that is transported by a vehicle licensed under this part elsewhere within the same system or to a receiving facility that is approved by the department.
    (v) "Septage waste" means the fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin that is removed from a wastewater system. Septage waste consists only of food establishment septage, domestic septage, domestic treatment plant septage, or sanitary sewer cleanout septage, or any combination of these.
    (w) "Septage waste servicing license" means a septage waste servicing license as provided for under sections 11703 and 11706.
    (x) "Septage waste vehicle" means a vehicle that is self-propelled or towed and that includes a tank used to transport septage waste. Septage waste vehicle does not include an implement of husbandry as defined in section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.
    (y) "Septage waste vehicle license" means a septage waste vehicle license as provided for under sections 11704 and 11706.
    (z) "Septic tank" means a septic toilet, chemical closet, or other enclosure used for the decomposition of domestic sewage.
    (aa) "Service" or "servicing" means cleaning, removing, transporting, or disposing, by application to land or otherwise, of septage waste.
    (bb) "Site" means a location or locations on a parcel or tract, as those terms are defined in section 102 of the land division act, 1967 PA 288, MCL 560.102, proposed or used for the disposal of septage waste on land.
    (cc) "Site permit" means a permit issued under section 11709 authorizing the application of septage waste to a site.
    (dd) "Storage facility" means a structure that receives septage waste for storage but not for treatment.
    (ee) "Tank" means an enclosed container placed on a septage waste vehicle to carry or transport septage waste.
    (ff) "Type I public water supply", "type IIa public water supply", "type IIb public water supply", and "type III public water supply" mean those terms, respectively, as described in R 325.10502 of the Michigan Administrative Code.
    (gg) "Type III marine sanitation device" means that term as defined in 33 CFR 159.3.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2005, Act 199, Eff. Nov. 22, 2005 ;-- Am. 2016, Act 294, Eff. Jan. 2, 2017 ;-- Am. 2018, Act 271, Eff. Sept. 27, 2018
Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.
Popular Name: Act 451
Popular Name: NREPA





324.11702 Septage waste licensing; requirement.

Sec. 11702.

    (1) A person shall not engage in servicing or contract to engage in servicing except as authorized by a septage waste servicing license and a septage waste vehicle license issued by the department pursuant to part 13. A person shall not contract for another person to engage in servicing unless the person who is to perform the servicing has a septage waste servicing license and a septage waste vehicle license.
    (2) The septage waste servicing license and septage waste vehicle license requirements provided in this part are not applicable to a publicly owned receiving facility subject to a permit issued under part 31 or section 11511b.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2005, Act 199, Eff. Nov. 22, 2005
Popular Name: Act 451
Popular Name: NREPA





324.11703 Septage waste servicing license; application; eligibility; records.

Sec. 11703.

    (1) An application for a septage waste servicing license shall include all of the following:
    (a) The applicant's name and mailing address.
    (b) The location or locations where the business is operated, if the applicant is engaged in the business of servicing.
    
    (c) Written approval from all receiving facilities where the applicant plans to dispose of septage waste.
    (d) The locations of the sites where the applicant plans to apply septage waste to land and, for each proposed site, either proof that the applicant owns the proposed site or written approval from the site owner.
    (e) A written plan for disposal of septage waste obtained in the winter, if the disposal will be by a method other than delivery to a receiving facility or, subject to section 11711, application to land.
    (f) Written proof of satisfaction of the continuing education requirements of subsection (2), if applicable.
    (g) Any additional information pertinent to this part required by the department.
    (h) Payment of the septage waste servicing license fee as provided in section 11717b.
    (2) Beginning January 1, 2007, a person is not eligible for an initial servicing license unless the person has successfully completed not less than 10 hours of continuing education during the 2-year period before applying for the license. Beginning January 1, 2007 and until December 31, 2009, a person is not eligible to renew a servicing license unless the person has successfully completed not less than 10 hours of continuing education during the 2-year period preceding the issuance of the license. Beginning January 1, 2010, a person is not eligible to renew a servicing license unless the person has successfully completed not less than 30 hours of continuing education during the 5-year period preceding the issuance of the license.
    (3) Before offering or conducting a course of study represented to meet the educational requirements of subsection (2), a person shall obtain approval from the department. The department may suspend or revoke the approval of a person to offer or conduct a course of study to meet the requirements of subsection (2) for a violation of this part or of the rules promulgated under this part.
    (4) If an applicant or licensee is a corporation, partnership, or other legal entity, the applicant or licensee shall designate a responsible agent to fulfill the requirements of subsections (2) and (3). The responsible agent's name shall appear on any license or permit required under this part.
    (5) A person engaged in servicing shall maintain at all times at his or her place of business a complete record of the amount of septage waste that the person has transported or disposed of, the location at which septage waste was disposed of, and any complaints received concerning disposal of the septage waste. The person shall also report this information to the department on an annual basis in a manner required by the department.
    (6) A person engaged in servicing shall maintain records required under subsection (5) or 40 CFR part 503 for at least 5 years. A person engaged in servicing or an individual who actually applies septage waste to land, as applicable, shall display these records upon the request of the director, a peace officer, or an official of a certified health department.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11704 Septage waste vehicle license; application; display; transportation of hazardous waste or liquid industrial by-product.

Sec. 11704.

    (1) An application for a septage waste vehicle license shall include all of the following:
    (a) The model and year of the septage waste vehicle.
    (b) The capacity of any tank used to remove or transport septage waste.
    (c) The name of the insurance carrier for the septage waste vehicle.
    (d) Whether the septage waste vehicle or any other vehicle owned by the person applying for the septage waste vehicle license will be used at any time during the license period for land application of septage waste.
    (e) Any additional information pertinent to this part required by the department.
    (f) A septage waste vehicle license fee as provided by section 11717b for each septage waste vehicle.
    (2) A person who is issued a septage waste vehicle license shall carry a copy of that license at all times in each vehicle that is described in the license and display the license upon the request of the department, a peace officer, or an official of a certified health department.
    (3) A septage waste vehicle shall not be used to transport hazardous waste regulated under part 111 or liquid industrial by-product regulated under part 121, without the express written permission of the department.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2015, Act 224, Eff. Mar. 16, 2016
Popular Name: Act 451
Popular Name: NREPA





324.11705 Septage waste vehicle, tank, and accessory equipment; requirements.

Sec. 11705.

    A tank upon a septage waste vehicle shall be closed in transit to prevent the release of septage waste and odor. The septage waste vehicle and accessory equipment shall be kept clean and maintained in a manner that prevents environmental damage or harm to the public health.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11706 Review of applications; providing health department with copies of application materials; investigations; issuance of license; license nontransferable; duration of license.

Sec. 11706.

    (1) Upon receipt of an application for a septage waste servicing license or a septage waste vehicle license, the department shall review the application to ensure that it is complete. If the department determines that the application is incomplete, the department shall promptly notify the applicant of the deficiencies. If the department determines that the application is complete, the department shall promptly provide the appropriate certified health department with a copy of all application materials. Upon receipt of the application materials, a certified health department shall conduct investigations necessary to verify that the sites, the servicing methods, and the septage waste vehicles are in compliance with this part. If so, the department shall approve the application and issue the license applied for in that application. If a certified health department does not exist, the department may perform the functions of a certified health department as necessary.
    (2) A septage waste servicing license is not transferable and is valid, unless suspended or revoked, for 5 years. A septage waste vehicle license is not transferable and is valid, unless suspended or revoked, for the same 5-year period as the licensee's septage waste servicing license.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11707 Display on both sides of septage waste vehicle.

Sec. 11707.

    Each septage waste vehicle for which a septage waste vehicle license has been issued shall display on both sides of the septage waste vehicle in letters not less than 2 inches high the words "licensed septage hauler", the vehicle license number issued by the department, and a seal furnished by the department that designates the year the septage waste vehicle license was issued.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11708 Disposal of septage waste at receiving facility; fee; order prohibiting operation of wastewater treatment plant.

Sec. 11708.

    (1) Subject to subsection (2), if a person is engaged in servicing in a receiving facility service area, that person shall dispose of the septage waste at that receiving facility or any other receiving facility within whose service area the person is engaged in servicing.
    (2) Subsection (1) does not apply to a person engaged in servicing who owns a storage facility with a capacity of 50,000 gallons or more if the storage facility was constructed, or authorized by the department to be constructed, before the location where the person is engaged in servicing was included in a receiving facility service area under an operating plan approved under section 11715b.
    (3) A receiving facility may charge a fee for receiving septage waste. The fee shall not exceed the actual costs of operating the receiving facility including the reasonable cost of doing business as defined by common accounting practices.
    (4) The department may issue an order prohibiting the operation of a wastewater treatment plant or structure as a receiving facility because of excessive hydraulic or organic loading, odor problems, or other environmental or public health concerns.
    (5) A person shall not dispose of septage waste at a wastewater treatment plant or structure if the operation of that wastewater treatment plant or structure as a receiving facility is prohibited by an order issued under subsection (4) or section 11715b.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2014, Act 546, Eff. Apr. 16, 2015
Popular Name: Act 451
Popular Name: NREPA





324.11709 Disposal of septage waste on land; permit required; additional information; notice; renewal; revocation of permit.

Sec. 11709.

    
    (1) A person shall not dispose of septage waste on land except as authorized by a site permit for that site issued by the department pursuant to part 13. A person shall apply for a site permit using an application form provided by the department. The application shall include all of the following for each site:
    (a) A map identifying the site from a county land atlas and plat book.
    (b) The site location by latitude and longitude.
    (c) The name and address of the land owner.
    (d) The name and address of the manager of the land, if different than the owner.
    (e) Results of a soil fertility test performed within 1 year before the date of the application for a site permit including analysis of a representative soil sample of each location constituting the site as determined by the bray P1 (bray and kurtz P1), or Mehlich 3 test, for which procedures are described in the publication entitled "Recommended chemical soil test procedures for the north central region". The department shall provide a copy of this publication to any person upon request at no cost. The applicant shall also provide test results from any additional test procedures that were performed on the soil.
    (f) Other site specific information necessary to determine whether the septage waste disposal will comply with state and federal law.
    (g) Payment of the site permit fee as provided under section 11717b.
    (2) Upon receipt of an application under subsection (1), the department shall review the application to ensure that it is complete. If the department determines that the application is incomplete, it shall promptly notify the applicant of the deficiencies.
    (3) An applicant for a site permit shall simultaneously send a notice of the application, including all the information required by subsection (1)(a) to (d), to all of the following:
    (a) The certified health department having jurisdiction.
    (b) The clerk of the city, village, or township where the site is located.
    (c) Each person who owns a lot or parcel that is contiguous to the lot, parcel, or tract on which the proposed site is located or that would be contiguous except for the presence of a highway, road, or street.
    (d) Each person who owns a lot or parcel that is within 150 feet of a location where septage waste is to be disposed of by injection or 800 feet of a location where septage waste is to be disposed of by surface application.
    (4) If the department finds that the applicant is unable to provide notice as required in subsection (3), the department may waive the notice requirement or allow the applicant to use a substitute means of providing notice.
    
    (5) The department shall issue a site permit if all the requirements of this part and federal law are met. Otherwise, the department shall deny the site permit.
    (6) A site permit is not transferable and is valid, unless suspended or revoked, until the expiration of the permittee's septage waste servicing license. A site permit may be revoked by the department if the septage waste land application or site management is in violation of this part.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11710 Requirements to which permit subject.

Sec. 11710.

    A site permit is subject to all of the following requirements:
    (a) The septage waste disposed of shall be applied uniformly at agronomic rates.
    (b) Not more than 1 person licensed under this part may use a site for the disposal of septage waste during any year.
    (c) Septage waste may be disposed of by land application only if the horizontal distance from the applied septage waste and the features listed in subparagraphs (i) to (ix) equals or exceeds the following isolation distances:
TYPE OF APPLICATION
SURFACE INJECTION
(i) Type I public water supply wells 2,000 feet 2,000 feet
(ii) Type IIa public water supply wells 2,000 feet 2,000 feet
(iii) Type IIb public water supply wells 800 feet 800 feet
(iv) Type III public water supply wells 800 feet 150 feet
(v) Private drinking water wells 800 feet 150 feet
(vi) Other water wells 800 feet 150 feet
(vii) Homes or commercial buildings 800 feet 150 feet
(viii) Surface water 500 feet 150 feet
(ix) Roads or property lines 200 feet 150 feet
(d) Septage waste disposed of by land application shall be disposed of either by surface application, subject to subdivision (g), or injection.
    (e) If septage waste is applied to the surface of land, the slope of that land shall not exceed 6%. If septage waste is injected into land, the slope of that land shall not exceed 12%.
    (f) Septage waste shall not be applied to land unless the water table is at least 30 inches below any applied septage waste.
    (g) If septage waste is applied to the surface of the land, 1 of the following requirements is met:
    (i) The septage waste shall be mechanically incorporated within 6 hours after application.
    (ii) The septage waste shall have been treated to reduce pathogens prior to land disposal by aerobic or anaerobic digestion, lime stabilization, composting, air drying, or other process or method approved by the department and, if applied to fallow land, is mechanically incorporated within 48 hours after application, unless public access to the site is restricted for 12 months and no animals whose products are consumed by humans are allowed to graze on the site for at least 1 month following disposal.
    (h) Septage waste shall be treated to reduce pathogens by composting, heat drying or treatment, thermophilic aerobic digestion, or other process or method approved by the department prior to disposal on lands where crops for direct human consumption are grown, if contact between the septage waste and the edible portion of the crop is possible.
    (i) Vegetation shall be grown on a septage waste disposal site within 1 year after septage waste is disposed of on that site.
    (j) Food establishment septage shall not be applied to land unless it has been combined with other septage waste in no greater than a 1 to 3 ratio and blended into a uniform mixture.
    (k) The permittee shall not apply septage waste to a location on the site unless the permittee has conducted a soil fertility test of that location as described in section 11709 within 1 year before the date of the land application. The permittee shall not apply food establishment septage to a location on the site unless the permittee has conducted testing of soil in that location within 1 year before the date of application in accordance with requirements in 40 CFR 257.3 to 257.5 or a single test of mixed septage waste contained in a storage facility.
    (l) Beginning 2 years after the effective date of the 2004 amendatory act that amended this section, before land application, domestic septage shall be screened through a screen of not greater than 1/2-inch mesh or through slats separated by a gap of not greater than 3/8 inch. Screenings shall be handled as solid waste under part 115. Instead of screening, the domestic septage may be processed through a sewage grinder designed to not pass solids larger than 1/2 inch in diameter.
    


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11711 Surface application of septage waste to frozen ground; requirements.

Sec. 11711.

     Beginning 2 years after the effective date of the 2004 amendatory act that amended this section, a person shall not surface apply septage waste to frozen ground. Before that time, a person shall not surface apply septage waste to frozen ground unless all of the following requirements are met:
    (a) Melting snow or precipitation does not result in the runoff of septage waste from the site.
    (b) The slope of the land is less than 2%.
    (c) The pH of septage waste is raised to 12.0 (at 25 degrees Celsius) or higher by alkali addition and, without the addition of more alkali, remains at 12.0 or higher for 30 minutes. Other combinations of pH and temperature may be approved by the department.
    (d) The septage waste is mechanically incorporated within 20 days following the end of the frozen ground conditions.
    (e) The department approves the surface application and subsequent mechanical incorporation.
    (f) Less than 10,000 gallons per acre are applied to the surface during the period that the septage waste cannot be mechanically incorporated due to frozen ground.
    (g) The septage waste is applied in a manner that prevents the accumulation and ponding of the septage waste.
    
    
    (h) Any other applicable requirement under this part or federal law is met.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11712 Applicability of federal regulations.

Sec. 11712.

     Persons subject to this part shall comply with applicable provisions of subparts A, B, and D of part 503 of title 40 of the code of federal regulations.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11713 Inspection of disposal site.

Sec. 11713.

    (1) At any reasonable time, a representative of the department may enter in or upon any private or public property for the purpose of inspecting and investigating conditions relating to compliance with this part. However, an investigation or inspection under this subsection shall comply with the United States constitution, the state constitution of 1963, and this section.
    (2) The department shall inspect septage waste vehicles at least annually.
    (3) The department shall inspect a site at least annually.
    (4) The department shall inspect a receiving facility within 1 year after that receiving facility begins operation and at least annually thereafter.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11714 Prohibited disposition of septage waste into certain bodies of water.

Sec. 11714.

    A person shall not dispose of septage waste directly or indirectly in a lake, pond, stream, river, or other body of water.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11715 Preemption; duty of governmental unit to make available public septage waste receiving facility; posting of surety.

Sec. 11715.

    (1) This part does not preempt an ordinance of a governmental unit that does any of the following:
    (a) Prohibits the application of septage waste to land within that governmental unit.
    (b) Otherwise imposes stricter requirements than this part. This subdivision applies only if all of the following requirements are met:
    (i) The receiving facility was operating before the date 2 years after the effective date of the amendatory act that added this subdivision.
    (ii) The receiving facility's effluent is discharged, either directly or through a sewer system, to a wastewater treatment plant that was operating before the effective date of the amendatory act that added this subdivision.
    (iii) The receiving facility was constructed, or the receiving facility and a wastewater treatment plant of which the receiving facility is part were improved, at a cost of $6,000,000.00 or more.
    (iv) There is outstanding indebtedness for the construction or improvement described in subparagraph (iii) consisting only of bonds that were also outstanding before the date 2 years after the effective date of the amendatory act that added this subdivision or of loans or bonds that were used to redeem or refund those bonds and that have a maturity or due date not later than 9 years after the maturity date of those bonds.
    (2) If a governmental unit requires that all septage waste collected in that governmental unit be disposed of in a receiving facility or prohibits, or effectively prohibits, the application of septage waste to land within that governmental unit, the governmental unit shall make available a receiving facility that meets all of the following requirements:
    (a) The receiving facility service area includes the entire governmental unit.
    (b) The receiving facility can lawfully accept and has the capacity to accept all septage waste generated within that governmental unit that is not lawfully applied to land.
    (c) If the receiving facility is not owned by that governmental unit, the receiving facility is required by contract to accept all septage waste generated within that governmental unit that is not lawfully applied to land.
    (3) The owner or operator of a receiving facility may require the posting of a surety, including cash in an escrow account or a performance bond, not exceeding $25,000.00 to dispose of septage waste in the receiving facility.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2012, Act 41, Imd. Eff. Mar. 6, 2012 ;-- Am. 2014, Act 546, Eff. Apr. 16, 2015
Popular Name: Act 451
Popular Name: NREPA





324.11715b Rules; requirements for receiving facilities and control of nuisance conditions; notice of operation; penalties for noncompliance.

Sec. 11715b.

    (1) The department shall promulgate rules establishing design and operating requirements for receiving facilities and the control of nuisance conditions.
    (2) A person shall not commence construction of a receiving facility on or after the date on which rules are promulgated under subsection (1) unless the owner has a permit from the department authorizing the construction of the receiving facility. The application for a permit shall include a basis of design for the receiving facility, engineering plans for the receiving facility sealed by an engineer licensed to practice in Michigan, and any other information required by the department. If the proposed receiving facility will be part of a sewerage system whose construction is required to be permitted under part 41 or a research, development, and demonstration project whose construction and operation is required to be permitted under section 11511b, the permit issued under part 41 or part 115, respectively, satisfies the permitting requirement of this subsection.
    (3) Subject to subsection (4), a person shall not operate a receiving facility contrary to an operating plan approved by the department.
    (4) If the operation of a receiving facility commenced before October 12, 2004, subsection (3) applies to that receiving facility beginning October 12, 2005.
    (5) Before submitting a proposed operating plan to the department for approval, a person shall do all of the following:
    (a) Publish notice of the proposed operating plan in a newspaper of general circulation in the area where the receiving facility is located.
    (b) If the person maintains a website, post notice of the proposed operating plan on its website.
    (c) Submit notice of the proposed operating plan by first-class mail to the county health department and the legislative body of each city, village, and township located in whole or in part within the service area of the receiving facility.
    (6) Notice of a proposed operating plan under subsection (5) shall contain all of the following:
    (a) A statement that the receiving facility proposes to receive or, in the case of a receiving facility described in subsection (4), to continue to receive septage waste for treatment.
    (b) A copy of the proposed operating plan or a statement where the operating plan is available for review during normal business hours.
    (c) A request for written comments on the proposed operation of the receiving facility and the deadline for receipt of such comments, which shall be not less than 30 days after publication, posting, or mailing of the notice.
    (7) After the deadline for receipt of comments under subsection (6), the person proposing to operate a receiving facility may modify the plan in response to any comments received and shall submit a summary of the comments and the current version of the proposed operating plan to the department for approval.
    (8) The operator of a receiving facility may modify an approved operating plan if the modifications are approved by the department. Subsections (5) to (7) do not apply to the modification of the operating plan.
    (9) If the owner or operator of a receiving facility violates this section or rules promulgated under this section, after providing an opportunity for a hearing, the department may order that a receiving facility cease operation as a receiving facility.
    (10) The department shall post on its website both of the following:
    (a) Approved operating plans, including any modifications under subsection (8).
    (b) Notice of any orders under subsection (9).
    (11) If construction of a receiving facility commenced before the date on which rules are promulgated under subsection (1), all of the following apply:
    (a) Within 1 year after the date on which rules are promulgated under subsection (1), the owner of the receiving facility shall submit to the department and obtain department approval of a report prepared by a professional engineer licensed to practice in Michigan describing the receiving facility's state of compliance with the rules and proposing any modifications to the receiving facility necessary to comply with the rules.
    (b) If, according to the report approved under subdivision (a), modifications to the receiving facility are necessary to comply with the rules promulgated under subsection (1), within 18 months after the report is approved under subdivision (a), the owner of the receiving facility shall submit to the department engineering plans for modifying the receiving facility and shall obtain a construction permit from the department for modifying the receiving facility.
    (c) Within 3 years after the report is approved under subdivision (a), the owner of the receiving facility shall complete construction modifying the receiving facility so that it complies with those rules.
    (12) After a hearing, the department may order that a receiving facility whose owner fails to comply with this section cease operating as a receiving facility.


History: Add. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2005, Act 199, Eff. Nov. 22, 2005
Popular Name: Act 451
Popular Name: NREPA





324.11715d Advisory committee to make recommendations on septage waste storage facility management practices.

Sec. 11715d.

    (1) Within 60 days after the effective date of the amendatory act that added this section, the department shall convene an advisory committee to make recommendations on septage waste storage facility management practices, including, but not limited to, storage facility inspections. The advisory committee shall include at least all of the following:
    (a) A storage facility operator.
    (b) A receiving facility operator.
    (c) A generator of septage waste.
    (d) A representative of township government.
    (e) A representative of an environmental protection organization.
    (f) A licensed Michigan septage waste hauler.
    (2) Within 18 months after the effective date of this section, the department shall establish generally accepted septage storage facility management practices and post the management practices on the department's website.
    (3) A person shall not construct a septage waste storage facility without written approval from the department.


History: Add. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Compiler's Notes: For abolishment of the advisory committee on septage waste storage facility management practices and transfer of its powers and duties to the department of environmental quality, see E.R.O. No. 2007-20, compiled at MCL 324.99912.
Popular Name: Act 451
Popular Name: NREPA





324.11716 Certification of city, county, and district departments of health to carry out powers and duties.

Sec. 11716.

    (1) The department may certify a city, county, or district health department to carry out certain powers and duties of the department under this part.
    
    (2) If a certified health department does not exist in a city, county, or district or does not fulfill its responsibilities under this part, the department may contract with qualified third parties to carry out certain responsibilities of the department under this part in that city, county, or district.
    (3) The department and each certified health department or third party that will carry out powers or duties of the department under this part shall enter a memorandum of understanding or contract describing those powers and duties and providing for compensation to be paid by the department from the fund to the certified health department or third party.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11717 Septage waste site contingency fund; creation; authorization of expenditures.

Sec. 11717.

    (1) There is created in the state treasury a septage waste site contingency fund. Interest earned by the septage waste contingency fund shall remain in the septage waste contingency fund unless expended as provided in subsection (2).
    (2) The department shall expend money from the septage waste contingency fund, upon appropriation, only to defray costs of the continuing education courses under section 11703 that would otherwise be paid by persons taking the courses.
    (3) The septage waste program fund is created within the state treasury.
    (4) Fees and interest on fees collected under this part shall be deposited in the fund. In addition, promptly after the effective date of the 2004 amendatory act that amended this section, the state treasurer shall transfer to the septage waste program fund all the money in the septage waste compliance fund. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
    (5) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
    (6) The department shall expend money from the fund, upon appropriation, only for the enforcement and administration of this part, including, but not limited to, compensation to certified health departments or third parties carrying out certain powers and duties of the department under section 11716.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11717b Fees for persons engaged in septage waste servicing.

Sec. 11717b.

    (1) The cost of administering this part shall be recovered by collecting fees from persons engaged in servicing. Fee categories and, subject to subsection (2), rates are as follows:
    (a) The fee for a septage waste servicing license is $200.00 per year.
    (b) The fee for a septage waste vehicle license is as follows:
    (i) If none of the vehicles owned by the person applying for the septage waste vehicle license will be used at any time during the license period for disposal of septage waste by land application, $350.00 per year for each septage waste vehicle.
    (ii) If any of the vehicles owned by the person applying for the septage waste vehicle license will be used at any time during the license period for disposal of septage waste by land application, $480.00 per year for each septage waste vehicle.
    (c) The fee to replace an existing septage waste vehicle under a septage waste vehicle license with a different septage waste vehicle under the same ownership, if the annual fee for that year has been paid under subdivision (b), is as follows:
    (i) $200.00 if the septage waste vehicle being replaced has been inspected for that year under section 11706.
    (ii) $150.00 if the vehicle being replaced has not been inspected for that year.
    (d) The fee for a site permit is $500.00. However, a person shall not be charged a fee to renew a site permit.
    (2) If a fee under subsection (1) is paid for a license, permit, or approval but the application for the license or permit or the request for the approval is denied, the department shall promptly refund the fee.
    (3) For each state fiscal year, a person possessing a septage waste servicing license and septage waste vehicle license as of January 1 of that fiscal year shall be assessed a septage waste servicing license fee and septage waste vehicle license fee as specified in this section. The department shall notify those persons of their fee assessments by February 1 of that fiscal year. Payment shall be postmarked by March 15 of that fiscal year.
    (4) The department shall assess interest on all fee payments received after the due date. The amount of interest shall equal 0.75% of the payment due, for each month or portion of a month the payment remains past due. The failure by a person to timely pay a fee imposed by this section is a violation of this part.
    (5) If a person fails to pay a fee required under this section in full, plus any interest accrued, by October 1 of the year following the date of notification of the fee assessment, the department may issue an order that revokes the license or permit held by that person for which the fee was to be paid.
    (6) Fees and interest collected under this section shall be deposited in the fund.


History: Add. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2008, Act 492, Imd. Eff. Jan. 13, 2009
Popular Name: Act 451
Popular Name: NREPA





324.11718 Rules.

Sec. 11718.

    (1) The department shall promulgate rules that establish both of the following:
    (a) Continuing education requirements under section 11703.
    (b) Design and operating requirements for receiving facilities, as provided in section 11715b.
    (2) The department may, in addition, promulgate rules that do 1 or more of the following:
    (a) Add other materials and substances to the definition of septage waste.
    (b) Add enclosures to the list of enclosures in the definition of domestic septage under section 11701 the servicing of which requires a septage waste servicing license under this part.
    (c) Specify information required on an application for a septage waste servicing license, septage waste vehicle license, or site permit.
    (d) Establish standards or procedures for a department order under section 11708 prohibiting the operation of a wastewater treatment plant or structure as a receiving facility.
    (3) The department of environmental quality and the department of agriculture and rural development shall jointly promulgate rules establishing field sanitation and food safety standards for the purposes of section 11721.


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2018, Act 271, Eff. Sept. 27, 2018
Popular Name: Act 451
Popular Name: NREPA





324.11719 Violation or false statement as misdemeanor; penalties.

Sec. 11719.

    (1) A person who violates section 11704, 11705, 11708, 11709, 11710, or 11711 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both. A peace officer may issue an appearance ticket to a person for a violation of any of these sections.
    (2) A person who knowingly makes or causes to be made a false statement or entry in a license application or a record required in section 11703 is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not less than $2,500.00 or more than $25,000.00, or both.
    (3) A person who violates this part or a license or permit issued under this part, except as provided in subsections (1) and (2), is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not less than $1,000.00 and not more than $2,500.00, or both.
    (4) Each day that a violation described in subsection (1), (2), or (3) continues constitutes a separate violation.
    (5) Upon receipt of information that the servicing of septage waste regulated by this part presents an imminent or substantial threat to the public health, safety, welfare, or the environment, after consultation with the director or a designated representative of the department of community health, the department, or a peace officer if authorized by law, shall do 1 or more of the following:
    (a) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, summarily suspend a license issued under this part and afford the holder of the license an opportunity for a hearing within 7 days.
    (b) Request that the attorney general commence an action to enjoin the act or practice and obtain injunctive relief upon a showing that a person is or has removed, transported, or disposed of septage waste in a manner that is or may become injurious to the public health, safety, welfare, or the environment.
    


History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11720 Temporary variance from act.

Sec. 11720.

    (1) The director may grant a temporary variance from a requirement of this part added by the 2004 amendatory act that amended this part if all of the following requirements are met:
    (a) The variance is requested in writing.
    (b) The requirements of this part cannot otherwise be met.
    (c) The variance will not create or increase the potential for a health hazard, nuisance condition, or pollution of surface water or groundwater.
    (d) The activity or condition for which the variance is proposed will not violate any other part of this act.
    (2) A variance granted under subsection (1) shall be in writing and shall be posted on the department's website.


History: Add. 2004, Act 381, Imd. Eff. Oct. 12, 2004
Popular Name: Act 451
Popular Name: NREPA





324.11721 Farm operation exemption; requirements.

Sec. 11721.

    (1) A farm operation is exempt from this part as it applies to servicing portable toilets, to associated domestic septage management equipment such as trailers, pumps, and septage waste vehicles, and to associated storage facilities, if all of the following requirements are met:
    (a) The portable toilets are used to comply with requirements listed in the publication under subsection (2).
    (b) The management, pumping, and temporary storage of the domestic septage from the portable toilets by the farm operation does not result in a release of domestic septage into the environment.
    (c) The portable toilets and associated septage management equipment are securely fastened to a vehicle or trailer in a manner that prevents a release while being moved by the farm operation on or across a public street, road, or highway.
    (d) The farm operation does not move portable toilets that contain domestic septage on or across a limited access highway as defined in section 26 of the Michigan vehicle code, 1949 PA 300, MCL 257.26.
    (e) The farm operation does not store domestic septage for more than 60 days or in a tank larger than 3,000 gallons.
    (f) The farm operation utilizes the services of a person with a septage waste servicing license and septage waste vehicle license to dispose of the domestic septage from the portable toilets in a receiving facility.
    (g) The farm operation does not move domestic septage on or across a public street, road, or highway in a tank larger than 450 gallons.
    (2) The department of agriculture and rural development shall publish both of the following:
    (a) A list of field sanitation, worker protection, and food safety requirements applicable to the exemption provided for in this section.
    (b) A guide to recommend spill preparedness, spill mitigation, and spill response programs applicable to the exemption provided for in this section.


History: Add. 2018, Act 271, Eff. Sept. 27, 2018
Popular Name: Act 451
Popular Name: NREPA



Rendered 8/15/2025 9:37 AM
Michigan Compiled Laws Complete Through PA 5 of 2025
Courtesy of legislature.mi.gov