HB-5771, As Passed Senate, September 29, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5771
(As amended, September 28 and 29, 2004)
(Page 1 of 3)
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 1301, 11701, 11702, 11703, 11704, 11705, 11706,
11707, 11708, 11709, 11710, 11711, 11712, 11713, 11714, 11715,
11716, 11717, 11718, and 11719 (MCL 324.1301, 324.11701, 324.11702,
324.11703, 324.11704, 324.11705, 324.11706, 324.11707, 324.11708,
324.11709, 324.11710, 324.11711, 324.11712, 324.11713, 324.11714,
324.11715, 324.11716, 324.11717, 324.11718, and 324.11719), section 1301
as added by 2004 PA 325, sections 11703, 11704, and 11709 as amended by
2004 PA 325, and by adding sections 11715b, 11715d, 11717b, and 11720.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
<<Sec. 1301. As used in this part:
(a) "Application period" means the period beginning when an application for a permit is received by the state and ending
when the application is considered to be administratively
complete under section 1305 and any applicable fee has been paid.
(b) "Department" means the department, agency, or officer authorized by this act to approve or deny an application for a particular permit.
(c) "Director" means the director of the state department authorized under this act to approve or deny an application for a particular permit or the director's designee.
(d) "Permit" means a permit or operating license required by any
of the following sections or by rules promulgated thereunder,
or, in the case of section 9112, by an ordinance or resolution adopted thereunder:
(i) Section 3104, floodplain alteration permit.
House Bill No. 5771 as amended September 28, 2004 1 2 of 3
(ii) Section 3503, permit for use of water in mining iron ore.
(iii) Section 4105, sewerage system construction permit.
(iv) Section 6516, vehicle testing license.
(v) Section 6521, motor vehicle fleet testing permit.
(vi) Section 8310, restricted use pesticide dealer business
location license.
(vii) Section 8504, license to manufacture or distribute fertilizer.
(viii) Section 9112, local soil erosion and sedimentation control permit.
(ix) Section 11509, solid waste disposal area construction permit.
(x) Section 11512, solid waste disposal area operating license.
(xi) Section 11542, municipal solid waste incinerator ash
landfill operating license amendment.
(xii) Section 11703 11702,
septage waste servicing license.(xiii) Section 11704, or septage waste
vehicle license.
(xiii) (xiv) Section 11709, septage waste disposal site
permit.
(xiv) (xv) Section 30104, inland lakes and streams
project permit.
(xv) (xvi) Section 30304, state permit for dredging,
filling, or other activity in wetland.
(xvi) (xvii) Section 31509, dam construction, repair,
removal permit.
(xvii) (xviii) Section 32312, flood risk, high risk, or
environmental area permit.
(xviii) (xix) Section 32503, permit for dredging and filling
bottomland.
(xix) (xx) Section 35304, department permit for critical
dune area use.
(xx) (xxi) Section 36505, endangered species permit.
(xxi) (xxii) Section 41702, game bird hunting preserve
license.
(xxii) (xxiii) Section 42101, dog training area permit.
(xxiii) (xxiv) Section 42501, fur dealer's license.
(xxiv) (xxv) Section 42702, game dealer's license.
(xxv) (xxvi) Section 44513, charter boat operating permit
under reciprocal agreement.
(xxvi) (xxvii) Section 44517, boat livery operating permit.
(xxvii) (xxviii) Section 45503, permit to take frogs for
scientific use.
(xxviii) (xxix) Section 45902, game fish propagation license.
(xxix) (xxx) Section 45906, game fish import license.
(xxx) (xxxi) Section 61525, oil or gas well drilling
permit.
(xxxi) (xxxii) Section 62509, brine, storage, or waste
disposal well drilling or conversion permit or test well drilling permit.
(xxxii) (xxxiii) Section 63103a, metallic mineral mining
permit.
(xxxiii) (xxxiv) Section 63514 or 63525, surface coal mining
and reclamation permit or revision of the permit during the term of the permit,
respectively.
(xxxiv) (xxxv) Section 63704, sand dune mining permit.
(xxxv) (xxxvi) Section 72108, use permits for Michigan trailway.
(xxxvi) (xxxvii) Section 76109, sunken aircraft or watercraft
abandoned property recovery permit.
House Bill No. 5771 as amended September 28, 2004 1 3 of 3
(xxxvii) (xxxviii) Section 76504, Mackinac Island motor vehicle
and
land use permits.
(xxxviii) (xxxix) Section 80159, buoy or beacon permit.
(e) "Processing deadline" means the last day of the processing period.
(f) "Processing period" means the following time period after the close of the application period, for the following permit, as applicable:
(i) Twenty days for a permit under section 61525 or 62509.
(ii) (i) Thirty days for a permit under section 9112.
(iii) (ii) Thirty days after the department consults with
the underwater salvage and preserve committee created under section 76103, for
a permit under section 76109.
(iv) (iii) Sixty days, for a permit under section 30104
for a minor project as established by rule under section 30105(6) or for a
permit under section 32312.
(v) (iv) Sixty days or, if a hearing is held, 90 days
for a permit under section 35304.
(vi) (v) Sixty days or, if a hearing is held, 120 days
for a permit under section 30104, other than a permit for a minor project as
established by rule under section 30105(6), or for a permit under section
31509.
(vi) Twenty days for a permit under section 61525 or 62509.
(vii) Ninety days for a permit under section 11512, a revision of a surface coal mining and reclamation permit during the term of the permit under section 63525, or a permit under section 72108.
(viii) Ninety days or, if a hearing is held, 150 days for a permit under section 3104, 30304, or 32503.
(ix) One hundred and twenty days for a permit under section 11509, 11542, 63103a, 63514, or 63704.
(x) One hundred fifty days for a permit under section 36505.
However, if a site inspection or federal approval is required, the
150-day period is tolled pending completion of the inspection or
receipt of the federal approval.
(xi) For any other permit, 150 days or, if a hearing is held, 90 days after the hearing, whichever is later.>>
1 Sec. 11701. As used in this part:
2 (a) "Agricultural land" means land on which a food crop, a
3 feed crop, or a fiber crop is grown, including land used or
4 suitable for use as a range or pasture; a sod farm; or a
1 Christmas tree farm.
2 (b) (a) "Certified
health department" means a city, county,
3 or district department of
health to which the director has
4 delegated the
authority to perform activities as prescribed by
5 this part certified under section 11716.
6 (c) (b) "Cesspool"
means a cavity in the ground that
7 receives waste to be partially absorbed directly or indirectly by
8 the surrounding soil.
9 (d) "Department" means the department of environmental
10 quality or its authorized agent.
11 (e) "Director" means the director of the department of
12 environmental quality or his or her designee.
13 (f) "Domestic septage" means liquid or solid material removed
14 from a septic tank, cesspool, portable toilet, type III marine
15 sanitation device, or similar storage or treatment works that
16 receives only domestic sewage. Domestic septage does not include
17 liquid or solid material removed from a septic tank, cesspool, or
18 similar facility that receives either commercial wastewater or
19 industrial wastewater and does not include grease removed from a
20 grease interceptor, grease trap, or other appurtenance used to
21 retain grease or other fatty substances contained in restaurant
22 waste.
23 (g) "Domestic sewage" means waste and wastewater from humans
24 or household operations.
25 (h) "Domestic treatment plant septage" means biosolids
26 generated during the treatment of domestic sewage in a treatment
27 works and transported to a receiving facility or managed in
1 accordance with a residuals management program approved by the
2 department.
3 (i) "Food establishment septage" means material pumped from a
4 grease interceptor, grease trap, or other appurtenance used to
5 retain grease or other fatty substances contained in restaurant
6 wastes and which is blended into a uniform mixture, consisting of
7 not more than 1 part of that restaurant-derived material per 3
8 parts of domestic septage, prior to land application or disposed
9 of at a receiving facility.
10 (j) "Fund" means the septage waste program fund created in
11 section 11717.
12 (k) (c) "Governmental
unit" means a county, township,
13 municipality, or other
regional authority.
14 (l) "Incorporation" means the mechanical mixing of
15 surface-applied septage waste with the soil.
16 (m) (d) "Injection"
means the pressurized placement of
17 septage waste below the surface of soil.
18 (e) "Motor
vehicle" means a vehicle that is self-propelled
19 and used to transport
septage waste.
20 (n) "Operating plan" means a plan developed by a receiving
21 facility for receiving septage waste that specifies at least all
22 of the following:
23 (i) Categories of septage waste that the receiving facility
24 will receive.
25 (ii) The receiving facility's service area.
26 (iii) The hours of operation for receiving septage waste.
27 (iv) Any other conditions for receiving septage waste
1 established by the receiving facility.
2 (o) "Pathogen" means a disease-causing agent. Pathogen
3 includes, but is not limited to, certain bacteria, protozoa,
4 viruses, and viable helminth ova.
5 (p) (f) "Peace
officer" means every a sheriff or
6 sheriff's deputy, a village or township marshal, an officer of
7 the police department of any city, village, or township, any
8 officer of the Michigan state police, any peace officer who is
9 trained and certified
pursuant to the Michigan law enforcement
10 officers training
council act of 1965, Act No. 203 of the Public
11 Acts of 1965, being
sections 28.601 to 28.616 of the Michigan
12 Compiled Laws commission on law enforcement standards act, 1965
13 PA 203, MCL 28.601 to 28.616, or any conservation officer
14 appointed by the department or the department of natural
15 resources pursuant to
section 6 of Act No. 192 of the Public
16 Acts of 1929, being
section 300.16 of the Michigan Compiled Laws
17 1606.
18 (q) (g) "Portable
toilet" means a receptacle for human
19 waste temporarily in a location for human use.
20 (h) "Public
septage waste treatment facility" means a
21 septage waste or other
wastewater treatment facility owned and
22 operated by a
governmental unit and approved by the department
23 for treating septage
waste.
24 (i) "Seepage
pit" means a dry well, leaching pit, or any
25 other cavity in the
ground that receives the liquid discharge of
26 a septic tank.
27 (j) "Septage
waste" means any human excrement, other domestic
1 or restaurant waste,
or other material or substance removed from
2 a portable toilet,
septic tank, seepage pit, cesspool, sewage
3 lift station, or other
enclosure as determined by the department
4 under section 11718,
but does not include liquid industrial waste
5 regulated under part
121.
6 (r) "Receiving facility" means a structure that is designed
7 to receive septage waste for treatment at a wastewater treatment
8 plant to which the structure is directly connected, and that is
9 available for that purpose as provided for in an ordinance of the
10 local unit of government that operates the wastewater treatment
11 plant or in an operating plan. Receiving facility does not
12 include either of the following:
13 (i) A septic tank.
14 (ii) A structure or a wastewater treatment plant at which the
15 disposal of septage waste is prohibited by order of the
16 department under section 11708 or 11715b.
17 (s) "Receiving facility service area" or "service area" means
18 the territory for which a receiving facility has the capacity and
19 is available to receive and treat septage waste, subject to the
20 following:
21 (i) Beginning 1 year after the effective date of the 2004
22 amendatory act that added this subdivision and before the 2011
23 state fiscal year, the geographic service area of a receiving
24 facility shall not extend more than 15 radial miles from the
25 receiving facility.
26 (ii) After the 2010 state fiscal year, the geographic service
27 area of a receiving facility shall not extend more than 25 radial
1 miles from the receiving facility.
2 (t) "Sanitary sewer cleanout septage" means sanitary sewage
3 or cleanout residue removed from a separate sanitary sewer
4 collection system that is not land applied and that is
5 transported by a vehicle licensed under this part elsewhere
6 within the same system or to a receiving facility that is
7 approved by the department.
8 (u) "Septage waste" means the fluid mixture of untreated and
9 partially treated sewage solids, liquids, and sludge of human or
10 domestic origin which is removed from a wastewater system.
11 Septage waste consists only of food establishment septage,
12 domestic septage, domestic treatment plant septage, or sanitary
13 sewer cleanout septage, or any combination of these.
14 (v) "Septage waste servicing license" means a septage waste
15 servicing license as provided for under sections 11703 and
16 11706.
17 (w) "Septage waste vehicle" means a vehicle that is
18 self-propelled or towed and that includes a tank used to
19 transport septage waste. Septage waste vehicle does not include
20 an instrument of husbandry as defined in section 21 of the
21 Michigan vehicle code, 1949 PA 300, MCL 257.21.
22 (x) "Septage waste vehicle license" means a septage waste
23 vehicle license as provided for under sections 11704 and 11706.
24 (y) (k) "Septic
tank" means a septic toilet, chemical
25 closet, or other
enclosure used for the storage or
26 decomposition of septage
waste domestic sewage.
27 (z) (l) "Service"
or "servicing" means cleaning, removing,
1 transporting, or
disposing, of by application to land or
2 otherwise, of septage
waste. from a portable toilet, septic
3 tank, seepage pit,
cesspool, sewage lift station, or other
4 enclosure as
determined by the department under section 11718.
5 (m) "Sewage
lift station" means a pumping facility that
6 lifts septage waste to
a higher elevation.
7 (aa) (n) "Site"
means a location that has been approved by
8 the department as a
suitable location or locations on
a parcel
9 or tract, as those terms are defined in section 102 of the land
10 division act, 1967 PA 288, MCL 560.102, proposed or used for the
11 disposal of septage waste on land.
12 (bb) "Site permit" means a permit issued under section 11709
13 authorizing the application of septage waste to a site.
14 (cc) "Storage facility" means a structure that receives
15 septage waste for storage but not for treatment.
16 (dd) (o) "Tank"
means a an enclosed container placed on a
17 motor septage waste vehicle to carry or transport
septage
18 waste.
19 (ee) "Type I public water supply well", "type IIa public
20 water supply well", "type IIb public water supply well", and
21 "type III public water supply well" mean those terms,
22 respectively, as described in R 325.10502 of the Michigan
23 administrative code.
24 (ff) "Type III marine sanitation device" means that term as
25 defined in 33 CFR 159.3.
26 Sec. 11702. (1) Except
as otherwise provided in this
27 section, a person shall
not engage in the business of servicing,
House Bill No. 5771 as amended September 28, 2004
1 or contract with a
person to service, a portable toilet, septic
2 tank, seepage pit,
cesspool, or other enclosure as determined by
3 the department under
section 11718, unless the person who will
4 perform the servicing
is licensed as provided in sections 11703
5 and 11704. A person shall not engage in servicing or contract
to
6 engage in servicing except as authorized by a septage waste
7 servicing license and a septage waste vehicle license issued by
8 the department pursuant to part 13. A person shall not contract
9 for another person to engage in servicing unless the person who
10 is to perform the servicing has a septage waste servicing license
11 and a septage waste vehicle license.
12 <<(2) Licensure, as provided in this part, is not required for
13 a real
property owner who services his or her own portable
14 toilet,
septic tank, seepage pit, cesspool, sewage lift station,
15 or other
enclosure as determined by the department under
16 section
11718 located on that person's property. Septage waste
17 removed by a
real property owner pursuant to this subsection may
18 be disposed
of on the real property from which it originates, if
19 the real
property is at least 20 acres in size, and if the
20 disposal is
in compliance with sections 11710, 11711, and 11714,
21 and any
rules promulgated under this part pertaining to the
22 disposal of
septage waste.
23 >>
24 <<(2) (3)>> The septage
waste servicing license and septage waste
25 vehicle license requirements provided in this part are not
26 applicable to a public
septage waste treatment facility
27 publicly owned receiving facility subject to a permit issued
1 under part 31.
2 Sec. 11703. (1) A
person shall not engage in the business
3 of servicing except as
authorized by a septage waste servicing
4 license issued by the
department pursuant to part 13. The
5 department shall provide
an application form that includes An
6 application for a septage waste servicing license shall include
7 all of the following:
8 (a) The applicant's name and mailing address.
9 (b) The location or locations where the business is operated,
10 if the applicant is engaged in the business of servicing.
11 (c) Additional
information pertinent to this part as
12 required by the
department.
13 (2) A person who
submits a completed application form under
14 subsection (1) shall
submit to the department with the
15 application all of the
following:
16 (a) An application
fee of $300.00 that will be refunded by
17 the department if a
septage waste servicing license is not
18 issued.
19 (b) A $100.00 fee
to accompany an initial license application
20 to be credited to the
septage waste site contingency fund as
21 provided in section
11717.
22 (c) Written approval
from all public septage waste
23 treatment receiving facilities where the applicant plans
to
24 dispose of septage waste.
and the
25 (d) The locations of the sites where the applicant plans to
26 dispose of septage
waste upon receiving the department's
27 approval, apply septage waste to land and, for each
proposed
1 disposal site, either proof of ownership of that
the
2 applicant owns the
proposed disposal site or written approval
3 from the site owner.
4 (e) A written plan for disposal of septage waste obtained in
5 the winter, if the disposal will be by a method other than
6 delivery to a receiving facility or, subject to section 11711,
7 application to land.
8 (f) Written proof of satisfaction of the continuing education
9 requirements of subsection (2), if applicable.
10 (g) Any additional information pertinent to this part
11 required by the department.
12 (h) Payment of the septage waste servicing license fee as
13 provided in section 11717b.
14 (2) Beginning January 1, 2007, a person is not eligible for
15 an initial servicing license unless the person has successfully
16 completed not less than 10 hours of continuing education during
17 the 2-year period before applying for the license. Beginning
18 January 1, 2007 and until December 31, 2009, a person is not
19 eligible to renew a servicing license unless the person has
20 successfully completed not less than 10 hours of continuing
21 education during the 2-year period preceding the issuance of the
22 license. Beginning January 1, 2010, a person is not eligible to
23 renew a servicing license unless the person has successfully
24 completed not less than 30 hours of continuing education during
25 the 5-year period preceding the issuance of the license.
26 (3) Before offering or conducting a course of study
27 represented to meet the educational requirements of subsection
1 (2), a person shall obtain approval from the department. The
2 department may suspend or revoke the approval of a person to
3 offer or conduct a course of study to meet the requirements of
4 subsection (2) for a violation of this part or of the rules
5 promulgated under this part.
6 (4) If an applicant or licensee is a corporation,
7 partnership, or other legal entity, the applicant or licensee
8 shall designate a responsible agent to fulfill the requirements
9 of subsections (2) and (3). The responsible agent's name shall
10 appear on any license or permit required under this part.
11 (5) (3) A
person who holds a septage waste servicing
12 license engaged in servicing shall maintain at all
times at his
13 or her place of business a complete record of the amount of
14 septage waste that the
person has transported and or disposed
15 of, and the
location at which the disposal of septage waste
16 has occurred. The
person shall display these records upon the
17 request of the
director, a peace officer, or an official of a
18 certified health
department. septage waste was
disposed of, and
19 any complaints received concerning disposal of the septage waste.
20 The person shall also report this information to the department
21 on an annual basis in a manner required by the department.
22 (6) A person engaged in servicing shall maintain records
23 required under subsection (5) or 40 CFR part 503 for at least 5
24 years. A person engaged in servicing or an individual who
25 actually applies septage waste to land, as applicable, shall
26 display these records upon the request of the director, a peace
27 officer, or an official of a certified health department.
1 Sec. 11704. (1) A
person who is required to be licensed
2 pursuant to section
11703 shall not use a motor vehicle to
3 transport septage
waste except as authorized by a septage waste
4 motor vehicle license
issued by the department pursuant to part
5 13 for each vehicle
that is used to transport septage waste. A
6 septage waste motor
vehicle license application submitted to the
7 department shall be
accompanied by a license fee of $75.00 for
8 each vehicle required
to be licensed under this part. A motor
9 vehicle license
application An application for a
septage waste
10 vehicle license shall include all of the following:
11 information:
12 (a) The model and
year of the motor septage waste vehicle.
13 (b) The capacity of any tank used to remove or transport
14 the septage waste.
15 (c) The name of the motor
vehicle's insurance carrier for
16 the septage waste vehicle.
17 (d) Whether the septage waste vehicle or any other vehicle
18 owned by the person applying for the septage waste vehicle
19 license will be used at any time during the license period for
20 land application of septage waste.
21 (e) (d)
Additional Any additional information pertinent to
22 this part as required
by the department.
23 (f) A septage waste vehicle license fee as provided by
24 section 11717b for each septage waste vehicle.
25 (2) A person who is
issued a septage waste motor vehicle
26 license shall carry a
copy of that license at all times in the
27 motor each vehicle that is described in that the
license and
1 display the license upon the request of the department, a peace
2 officer, or an official of a certified health department.
3 (3) Without the
express permission of the department, a
4 person shall not use a
vehicle used to transport septage waste to
5 transport hazardous
waste regulated under part 111 or liquid
6 industrial waste
regulated under part 121. A
septage waste
7 vehicle shall not be used to transport hazardous waste regulated
8 under part 111 or liquid industrial waste regulated under part
9 121, without the express written permission of the department.
10 Sec. 11705. A tank
upon a septage waste vehicle licensed
11 pursuant to section
11704 shall be closed in transit to
prevent
12 the release of septage
waste and odor. The motor septage waste
13 vehicle , tank, and
accessory equipment shall be kept clean and
14 maintained in a manner that prevents environmental damage or harm
15 to the public health.
16 Sec. 11706. (1) Upon
receipt of an application forms
17 complying with
sections 11703 and 11704 for a
septage waste
18 servicing license or a septage waste vehicle license, the
19 department shall review each
the application to ensure that it
20 is complete. If the department determines that the application
21 is incomplete, the department shall promptly notify the applicant
22 of the deficiencies. If the department determines that the
23 application forms are
is complete, the department shall
24 promptly provide the applicable
appropriate certified health
25 department with copies
a copy of all application materials.
26 Upon receipt of the application materials, a certified health
27 department shall conduct all
necessary investigations necessary
1 to verify that the locations
to be used for disposal sites, the
2 servicing methods, and
the motor septage waste vehicles and
3 tanks are in compliance with this part. and the
rules
4 promulgated under this
part. Upon approving of the applicant,
If
5 so, the department shall approve
the application and issue a
6 license as provided in
sections 11703 and 11704 the
license
7 applied for in that application. If a certified health
8 department does not exist, the department may perform the
9 functions of a certified health department as necessary.
10 (2) A septage
waste servicing license issued pursuant to
11 section 11703 or 11704
is not transferable and is valid,
unless
12 suspended or revoked, for
3 5 years. unless revoked or
13 suspended by the
department. A septage waste
vehicle license is
14 not transferable and is valid, unless suspended or revoked, for
15 the same 5-year period as the licensee's septage waste servicing
16 license.
17 Sec. 11707. Each motor
vehicle licensed pursuant to
18 section 11704 septage waste vehicle for which a septage waste
19 vehicle license has been issued shall display on both sides of
20 the motor septage
waste vehicle in letters not less than 2
21 inches high the words
"licensed septage hauler", the motor
22 vehicle license number issued by the department, and a seal
23 furnished by the department that designates the year the septage
24 waste vehicle license was issued.
25 Sec. 11708. A
person licensed under this part shall
26 deposit all septage
waste in a public septage waste treatment
27 facility if a facility
is available to receive that septage waste
1 and is located within
15 road miles of the location where the
2 septage waste is
received. This section does not restrict a
3 licensed person from
taking septage waste to any public septage
4 waste treatment
facility, regardless of where that facility is
5 located. The public
septage waste treatment facility may charge
6 a disposal fee that
does not exceed the actual costs related to
7 the treatment and
storage of the waste.
8 (1) Before 1 year after the effective date of the 2004
9 amendatory act that added this subsection, if a person is engaged
10 in servicing in a receiving facility service area not more than
11 15 road miles from that receiving facility, that person shall
12 dispose of the septage waste at that receiving facility or
13 another receiving facility in whose service area the person is
14 engaged in servicing.
15 (2) Subsection (1) does not apply to a person engaged in
16 servicing who owns a storage facility with a capacity of 50,000
17 gallons or more.
18 (3) Beginning 1 year after the effective date of the 2004
19 amendatory act that added this subsection, if a person is engaged
20 in servicing in a receiving facility service area, that person
21 shall dispose of the septage waste at that receiving facility or
22 any other receiving facility within whose service area the person
23 is engaged in servicing.
24 (4) If a person engaged in servicing owns a storage facility
25 with a capacity of 50,000 gallons or more and the storage
26 facility was constructed, or authorized by the department to be
27 constructed, before the location where the person is engaged in
House Bill No. 5771 as amended September 28, 2004
1 servicing was included in <<a receiving facility service area under an
2 operating plan approved under section 11715b>>, subsection (3) does not apply to that person before the
3 2025 state fiscal year.
4 (5) A receiving facility may charge a fee for receiving
5 septage waste. Before 1 year after the effective date of the
6 2004 amendatory act that added this subsection, the fee shall not
7 exceed the actual costs related to the treatment and storage of
8 the waste. Beginning 1 year after the effective date of the 2004
9 amendatory act that added this subsection, the fee shall not
10 exceed the actual costs of operating the receiving facility
11 including the reasonable cost of doing business as defined by
12 common accounting practices.
13 (6) The department may issue an order prohibiting the
14 operation of a wastewater treatment plant or structure as a
15 receiving facility due to excessive hydraulic or organic loading,
16 odor problems, or other environmental or public health concerns.
17 (7) A person shall not dispose of septage waste at a
18 wastewater treatment plant or structure if the operation of that
19 wastewater treatment plant or structure as a receiving facility
20 is prohibited by an order issued under subsection (6) or section
21 11715b.
22 Sec. 11709. (1)
Subject to the limitations contained in
23 sections 11710 and
11711, septage waste that is picked up at a
24 location that is
further than 15 road miles from a public septage
25 waste treatment
facility may be disposed of on land if the person
26 holding licenses
issued pursuant to sections 11703 and 11704
27 obtains a permit
issued by the department pursuant to part 13
1 authorizing the
disposal of septage waste on land, supplies any
2 additional information
pertinent to this part as required by the
3 department, and sends
notice to property owners as provided in
4 subsection (2).
5 (2) An applicant
for a permit under subsection (1) shall send
6 a notice to each land
owner who owns property located within 800
7 feet of the proposed
disposal location on a form approved by the
8 department. Service
of the notice shall be made by first-class
9 mail. The
notification shall include the nature of the proposed
10 land use, the location
of the proposed disposal area, and whom to
11 contact if there is an
objection to the proposed land use. A
12 copy of the notice
that is mailed to each property owner shall be
13 sent to the certified
health department having jurisdiction. If
14 no substantiated
objections as determined by the department are
15 received within 10
business days following the mailing of the
16 notification, the
department may issue a permit as provided in
17 this section.
18 (1) A person shall not dispose of septage waste on land
19 except as authorized by a site permit for that site issued by the
20 department pursuant to part 13. A person shall apply for a site
21 permit using an application form provided by the department. The
22 application shall include all of the following for each site:
23 (a) A map identifying the site from a county land atlas and
24 plat book.
25 (b) The site location by latitude and longitude.
26 (c) The name and address of the land owner.
27 (d) The name and address of the manager of the land, if
1 different than the owner.
2 (e) Results of a soil fertility test performed within 1 year
3 before the date of the application for a site permit including
4 analysis of a representative soil sample of each location
5 constituting the site as determined by the bray P1 (bray and
6 kurtz P1), or Mehlich 3 test, for which procedures are described
7 in the publication entitled "Recommended chemical soil test
8 procedures for the north central region". The department shall
9 provide a copy of this publication to any person upon request at
10 no cost. The applicant shall also provide test results from any
11 additional test procedures that were performed on the soil.
12 (f) Other site specific information necessary to determine
13 whether the septage waste disposal will comply with state and
14 federal law.
15 (g) Payment of the site permit fee as provided under section
16 11717b.
17 (2) Upon receipt of an application under subsection (1), the
18 department shall review the application to ensure that it is
19 complete. If the department determines that the application is
20 incomplete, it shall promptly notify the applicant of the
21 deficiencies.
22 (3) An applicant for a site permit shall simultaneously send
23 a notice of the application, including all the information
24 required by subsection (1)(a) to (d), to all of the following:
25 (a) The certified health department having jurisdiction.
26 (b) The clerk of the city, village, or township where the
27 site is located.
1 (c) Each person who owns a lot or parcel that is contiguous
2 to the lot, parcel, or tract on which the proposed site is
3 located or that would be contiguous except for the presence of a
4 highway, road, or street.
5 (d) Each person who owns a lot or parcel that is within 150
6 feet of a location where septage waste is to be disposed of by
7 injection or 800 feet of a location where septage waste is to be
8 disposed of by surface application.
9 (4) If the department finds that the applicant is unable to
10 provide notice as
required in this subsection (3), the
11 department may waive the notice requirement or allow the
12 applicant to use a substitute means of providing notice.
13 (3) A permit
issued under this section shall expire at the
14 same time as a septage
waste servicing license issued pursuant to
15 section 11703, but is
subject to renewal at that time. A permit
16 issued under this
section may be revoked by the department if
17 septage waste disposal
or site management is in violation of this
18 part or the rules
promulgated under this part.
19 (5) The department shall issue a site permit if all the
20 requirements of this part and federal law are met. Otherwise,
21 the department shall deny the site permit.
22 (6) A site permit is not transferable and is valid, unless
23 suspended or revoked, until the expiration of the permittee's
24 septage waste servicing license. A site permit may be revoked by
25 the department if the septage waste land application or site
26 management is in violation of this part.
27 Sec. 11710. Except
as provided in section 11711, a permit
1 issued pursuant to
section 11709 A site permit
is subject to all
2 of the following requirements:
3 (a) The quantity
of septage waste disposed of shall be
4 applied uniformly at a
rate no greater than 15,000 gallons per
5 acre per month and not
greater than 60,000 gallons per acre per
6 year agronomic rates. Land may be utilized as
a septage waste
7 disposal site for a
period not to exceed 20 years.
8 (b) Not more than 1 person licensed under this part may use a
9 site for the disposal of septage waste during any year.
10 (c) Septage waste
shall be mixed into the soil within 48
11 hours of any surface
application unless the soil is frozen and
12 the requirements of
section 11711 are met.
13 (c) (d) Septage
waste may be disposed of by surface or
14 injection land application only if the horizontal
distance from
15 the applied septage waste
and the items features listed in
16 subdivisions subparagraphs (i) to (iv) (ix) equals or
exceeds
17 the following isolation distances:
18 TYPE OF APPLICATION
19 Surface Injection
20 (i) Homes or commercial buildings 800 feet
150 feet
21 (ii) Private drinking water wells 800 feet
150 feet
22 (iii) Surface water 500 feet
150 feet
23 (iv) Roads or property lines 200 feet
150 feet
24 (i) Type I public water supply wells 2,000 feet 2,000 feet
25 (ii) Type IIa public water supply wells 2,000 feet 2,000 feet
26 (iii) Type IIb public water supply wells 800 feet 800 feet
27 (iv) Type III public water supply wells 800 feet 150 feet
1 (v) Private drinking water wells 800 feet 150 feet
2 (vi) Other water wells 800 feet 150 feet
3 (vii) Homes or commercial buildings 800 feet 150 feet
4 (viii) Surface water 500 feet 150 feet
5 (ix) Roads or property lines 200 feet 150 feet
6 (d) Septage waste disposed of by land application shall be
7 disposed of either by surface application, subject to subdivision
8 (g), or injection.
9 (e) The slope of
any lands on which If septage waste is
10 applied to the surface of
that land, does the slope of that
11 land shall not exceed 6%.
and the slope of land on which septage
12 waste is injected does
If septage waste is injected into
land,
13 the slope of that land shall not exceed 12%.
14 (f) Septage waste
shall not be applied to any land unless
15 the water table is at least 30 inches below any applied septage
16 waste.
17 (g) If septage waste is applied to the surface of the land, 1
18 of the following requirements is met:
19 (i) The septage waste shall be mechanically incorporated
20 within 6 hours after application.
21 (ii) (g) Septage waste shall be The septage
waste shall
22 have been treated to reduce pathogens prior to land disposal by
23 aerobic or anaerobic digestion, lime stabilization, composting,
24 air drying, or other process or method approved by the department
25 and, if applied to fallow land, is mechanically incorporated
26 within 48 hours after application, unless public access to the
27 site is restricted for 12 months and no animals whose products
1 are consumed by humans are allowed to graze on the site for at
2 least 1 month following disposal.
3 (h) Septage waste shall be treated to reduce pathogens by
4 composting, heat drying or treatment, thermophilic aerobic
5 digestion, or other process or method approved by the department
6 prior to disposal on lands where crops for direct human
7 consumption are grown, if contact between the septage waste and
8 the edible portion of the crop is possible.
9 (i) Vegetation shall be grown on a septage waste disposal
10 site each within
1 year that after septage waste is disposed
11 of on that site.
12 (j) Food establishment septage shall not be applied to land
13 unless it has been combined with other septage waste in no
14 greater than a 1 to 3 ratio and blended into a uniform mixture.
15 (k) The permittee shall not apply septage waste to a location
16 on the site unless the permittee has conducted a soil fertility
17 test of that location as described in section 11709 within 1 year
18 before the date of the land application. The permittee shall not
19 apply food establishment septage to a location on the site unless
20 the permittee has conducted testing of soil in that location
21 within 1 year before the date of application in accordance with
22 requirements in 40 CFR 257.3 to 257.5 or a single test of mixed
23 septage waste contained in a storage facility.
24 (l) Beginning 2 years after the effective date of the 2004
25 amendatory act that amended this section, before land
26 application, domestic septage shall be screened through a screen
27 of not greater than 1/2-inch mesh or through slats separated by a
1 gap of not greater than 3/8 inch. Screenings shall be handled as
2 solid waste under part 115. Instead of screening, the domestic
3 septage may be processed through a sewage grinder designed to not
4 pass solids larger than 1/2 inch in diameter.
5 Sec. 11711. (1)
The department may approve of surface
6 application of septage
waste when the soil is frozen and
7 Beginning 2 years after the effective date of the 2004 amendatory
8 act that amended this section, a person shall not surface apply
9 septage waste to frozen ground. Before that time, a person shall
10 not surface apply septage waste to frozen ground unless all of
11 the following requirements are met:
12 (a) Melting snow or precipitation does not result in the
13 runoff of septage waste from the site.
14 (b) The slope of the
land is less than 2%. or less than 4%
15 if the land is
internally drained.
16 (c) Less than
10,000 gallons per acre per year is applied.
17 (d) The United
States department of agriculture defines the
18 soil as well-drained,
moderately well-drained, somewhat
19 poorly-drained, or
poorly-drained if the department finds that
20 the poorly-drained
soil is systematically tiled or specifies
21 other reasons for
approving surface application.
22 (2) The department
may grant a variance from the requirements
23 of section 11710(d),
(e), or (f) or subsection (1) if the
24 department finds that
the conditions of the variance provide the
25 same or a higher
degree of protection to the environment and the
26 public health as
provided in subsection (1) or section 11710(d),
27 (e), or (f).
1 (3) The department
may grant a variance to the requirements
2 of section 11710(a) if
it can be demonstrated that no adverse
3 impact will affect the
soil, groundwater, surface water, or
4 public health and
safety as a result of the variance.
5 (4) The department
may grant a variance to the requirements
6 of section 11710(c) if
all the following conditions are present:
7 (a) Septage waste
is applied at a rate no greater than 10,000
8 gallons per acre per
month and not greater than 60,000 gallons
9 per acre per year.
10 (b) The site of
the septage waste disposal has a permanent
11 vegetative cover and
the disposal does not have a detrimental
12 impact on products
grown on the land or on animals being fed
13 these products.
14 (c) The slope of
any lands on which septage waste is applied
15 is less than 2% or
less than 4% if the land is internally
16 drained.
17 (c) The pH of septage waste is raised to 12.0 (at 25 degrees
18 Celsius) or higher by alkali addition and, without the addition
19 of more alkali, remains at 12.0 or higher for 30 minutes. Other
20 combinations of pH and temperature may be approved by the
21 department.
22 (d) The septage waste is mechanically incorporated within
23 20 days following the end of the frozen ground conditions.
24 (e) The department approves the surface application and
25 subsequent mechanical incorporation.
26 (f) Less than 10,000 gallons per acre are applied to the
27 surface during the period that the septage waste cannot be
House Bill No. 5771 as amended September 28, 2004
1 mechanically incorporated due to frozen ground.
2 (g) (d) The
septage waste is applied in a manner that
3 prevents the accumulation and ponding of the septage waste.
4 (e) The soil is
properly tilled at least once every 2 years
5 to prevent an
accumulation of solids forming at the soil
6 surface.
7 (f) The
application area is located no closer than 1,000 feet
8 to homes or commercial
buildings, except for homes located on the
9 same property as the
septage disposal site and occupied by the
10 owner of the septage
waste disposal site.
11 (g) All other provisions
and isolation distances stated in
12 section 11710(d) are
complied with.
13 (h) Any other applicable requirement under this part or
14 federal law is met.
15 Sec. 11712. The
standards provided for in sections 11710
16 and 11711 may be
modified by rules promulgated by the department,
17 provided that if the
rules provide the same or a higher degree of
18 protection to the
environment and the public health as provided
19 in sections 11710 and
11711. Persons subject to this
part shall
20 comply with applicable provisions of subparts A, B, and D of part
21 503 of title 40 of the code of federal regulations.
22 Sec. 11713. <<(1) The department shall inspect a septage
23 waste
disposal site at least once each year.
At any reasonable
24 time, a representative of the department may enter in or upon any
25 private or public property for the purpose of inspecting and
26 investigating conditions relating to compliance with this part.
27 However, an investigation or inspection under this subsection shall
House Bill No. 5771 as amended September 28, 2004
1 comply with the United States constitution, the state constitution
2 of 1963, and this section.>>
3 (2) The department shall inspect septage waste vehicles at
4 least annually.
5 (3) The department shall inspect a site at least annually.
6 (4) The department shall inspect a receiving facility within
7 1 year after that receiving facility begins operation and at
8 least annually thereafter.
9 Sec. 11714. A person shall not dispose of septage waste
10 directly or indirectly in a lake, pond, stream, river, or other
11 body of water.
12 Sec. 11715. (1) This part does not preempt an ordinance of
13 a governmental unit that prohibits the application of septage
14 waste to land within that governmental unit or otherwise imposes
15 stricter requirements than this part.
16 (2) (1) If
a governmental unit requires that all septage
17 waste collected in that governmental unit be disposed of in a
18 septage waste
treatment receiving facility
or prohibits, or
19 effectively prohibits, the application of septage waste to land
20 within that governmental unit, the governmental unit shall make
21 available a public
septage waste treatment receiving facility
22 that can lawfully accept all septage waste generated within that
23 governmental unit that is not lawfully applied to land.
24 (3) (2) The
owner or operator of a public septage waste
25 treatment facility
shall not receiving facility may
require the
26 posting of a surety, including cash in an escrow account or a
27 performance bond, not exceeding $25,000.00 to dispose of septage
1 waste in the public
septage waste treatment receiving
2 facility.
3 Sec. 11715b. (1) The department shall promulgate rules
4 establishing design and operating requirements for receiving
5 facilities and the control of nuisance conditions.
6 (2) A person shall not commence construction of a receiving
7 facility on or after the date on which rules are promulgated
8 under subsection (1) unless the owner has a permit from the
9 department authorizing the construction of the receiving
10 facility. The application for a permit shall include a basis of
11 design for the receiving facility, engineering plans for the
12 receiving facility sealed by an engineer licensed to practice in
13 Michigan, and any other information required by the department.
14 If the proposed receiving facility will be part of a sewerage
15 system whose construction is required to be permitted under part
16 41, the permit issued under part 41 satisfies the permitting
17 requirement of this subsection.
18 (3) Subject to subsection (4), a person shall not operate a
19 receiving facility contrary to an operating plan approved by the
20 department.
21 (4) If the operation of a receiving facility commenced before
22 the effective date of this section, subsection (3) applies to
23 that receiving facility beginning 1 year after the effective date
24 of this section.
25 (5) Before submitting a proposed operating plan to the
26 department for approval, a person shall do all of the following:
27 (a) Publish notice of the proposed operating plan in a
1 newspaper of general circulation in the area where the receiving
2 facility is located.
3 (b) If the person maintains a website, post notice of the
4 proposed operating plan on its website.
5 (c) Submit notice of the proposed operating plan by
6 first-class mail to the county health department and the
7 legislative body of each city, village, and township located in
8 whole or in part within the service area of the wastewater
9 treatment plant to which the receiving facility is connected.
10 (6) Notice of a proposed operating plan under subsection (5)
11 shall contain all of the following:
12 (a) A statement that the receiving facility proposes to
13 receive or, in the case of a receiving facility described in
14 subsection (4), to continue to receive septage waste for
15 treatment.
16 (b) A copy of the proposed operating plan or a statement
17 where the operating plan is available for review during normal
18 business hours.
19 (c) A request for written comments on the proposed operation
20 of the receiving facility and the deadline for receipt of such
21 comments, which shall be not less than 30 days after publication,
22 posting, or mailing of the notice.
23 (7) After the deadline for receipt of comments under
24 subsection (6), the person proposing to operate a receiving
25 facility may modify the plan in response to any comments received
26 and shall submit a summary of the comments and the current
27 version of the proposed operating plan to the department for
1 approval.
2 (8) The operator of a receiving facility may modify an
3 approved operating plan if the modifications are approved by the
4 department. Subsections (5) to (7) do not apply to the
5 modification of the operating plan.
6 (9) If the owner or operator of a receiving facility violates
7 this section or rules promulgated under this section, after
8 providing an opportunity for a hearing, the department may order
9 that a receiving facility cease operation as a receiving
10 facility.
11 (10) The department shall post on its website both of the
12 following:
13 (a) Approved operating plans, including any modifications
14 under subsection (8).
15 (b) Notice of any orders under subsection (9).
16 (11) If construction of a receiving facility commenced before
17 the date on which rules are promulgated under subsection (1), all
18 of the following apply:
19 (a) Within 1 year after the date on which rules are
20 promulgated under subsection (1), the owner of the receiving
21 facility shall submit to the department and obtain department
22 approval of a report prepared by a professional engineer licensed
23 to practice in Michigan describing the receiving facility's state
24 of compliance with the rules and proposing any modifications to
25 the receiving facility necessary to comply with the rules.
26 (b) If, according to the report approved under
27 subdivision (a), modifications to the receiving facility are
House Bill No. 5771 as amended September 29, 2004
1 necessary to comply with the rules promulgated under
2 subsection (1), within 18 months after the <<report is approved
3 under subdivision (a)>>, the owner of the receiving facility shall
4 submit to the department engineering plans for modifying the
5 receiving facility and shall obtain a construction permit from
6 the department for modifying the receiving facility.
7 (c) Within 3 years after the <<report is approved under
8 subdivision (a)>>, the owner of the receiving
9 facility shall complete construction modifying the receiving
10 facility so that it complies with those rules.
11 (12) After a hearing, the department may order that a
12 receiving facility whose owner fails to comply with this section
13 cease operating as a receiving facility.
14 Sec. 11715d. (1) Within 60 days after the effective date of
15 the amendatory act that added this section, the department shall
16 convene an advisory committee to make recommendations on septage
17 waste storage facility management practices, including, but not
18 limited to, storage facility inspections. The advisory committee
19 shall include at least all of the following:
20 (a) A storage facility operator.
21 (b) A receiving facility operator.
22 (c) A generator of septage waste.
23 (d) A representative of township government.
24 (e) A representative of an environmental protection
25 organization.
26 (f) A licensed Michigan septage waste hauler.
27 (2) Within 18 months after the effective date of this
1 section, the department shall establish generally accepted
2 septage storage facility management practices and post the
3 management practices on the department's website.
4 (3) A person shall not construct a septage waste storage
5 facility without written approval from the department.
6 Sec. 11716. (1) The
department shall may certify a city,
7 county, and district
departments of health or district health
8 department to carry out
certain responsibilities powers and
9 duties of the department
under this part. Except as provided in
10 subsection (2) and in
section 11717, the department shall provide
11 for the payment of all
fees collected under this part to
12 certified health
departments that carry out responsibilities
13 under this part.
14 (2) A certified
health department that carries out
15 responsibilities under
this part may assess a fee to cover the
16 actual costs incurred
by the certified health department in
17 fulfilling its
responsibilities under this part.
18 (2) (3) If
a certified health department does not exist in
19 a city, county, or district or does not fulfill its
20 responsibilities pursuant
to under this part, the department
21 may carry out those
responsibilities it considers necessary
22 contract with qualified third parties to carry out certain
23 responsibilities of the department under this part in that city,
24 county, or district. The
department shall retain the fees
25 collected under this
part that would have been paid to the
26 certified health
department had it existed or fulfilled its
27 responsibilities
pursuant to this part.
1 (3) The department and each certified health department or
2 third party that will carry out powers or duties of the
3 department under this part shall enter a memorandum of
4 understanding or contract describing those powers and duties and
5 providing for compensation to be paid by the department from the
6 fund to the certified health department or third party.
7 Sec. 11717. (1) There is created in the state treasury a
8 septage waste site
contingency fund. The contingency fund shall
9 be financed by a
$100.00 fee collected from each person who holds
10 a septage waste
servicing license under this part. The fee shall
11 be collected from a
person holding a license under section 11703
12 with the first
application and shall not be collected with
13 subsequent renewal
licenses. The fees shall be deposited in the
14 state treasury to the
credit of the septage waste site
15 contingency fund. The
department shall administer the fund and
16 authorize expenditures
to remove or treat septage waste which has
17 been disposed of in
violation of this part. Following an
18 expenditure from the
fund, the department immediately shall
19 request that the
attorney general begin proceedings to recover
20 the expenditure from
the fund from the person responsible for the
21 damage. Interest earned by the septage waste contingency
fund
22 shall remain in the septage waste contingency fund unless
23 expended as provided in this
section subsection (2).
24 (2) The department shall expend money from the septage waste
25 contingency fund, upon appropriation, only to defray costs of the
26 continuing education courses under section 11703 that would
27 otherwise be paid by persons taking the courses.
1 (3) The septage waste program fund is created within the
2 state treasury.
3 (4) Fees and interest on fees collected under this part shall
4 be deposited in the fund. In addition, promptly after the
5 effective date of the 2004 amendatory act that amended this
6 section, the state treasurer shall transfer to the septage waste
7 program fund all the money in the septage waste compliance fund.
8 The state treasurer may receive money or other assets from any
9 other source for deposit into the fund. The state treasurer
10 shall direct the investment of the fund. The state treasurer
11 shall credit to the fund interest and earnings from fund
12 investments.
13 (5) Money in the fund at the close of the fiscal year shall
14 remain in the fund and shall not lapse to the general fund.
15 (6) The department shall expend money from the fund, upon
16 appropriation, only for the enforcement and administration of
17 this part, including, but not limited to, compensation to
18 certified health departments or third parties carrying out
19 certain powers and duties of the department under section 11716.
20 Sec. 11717b. (1) The cost of administering this part shall
21 be recovered by collecting fees from persons engaged in
22 servicing. Fee categories and, subject to subsection (2), rates
23 are as follows:
24 (a) The fee for a septage waste servicing license is $200.00
25 per year.
26 (b) The fee for a septage waste vehicle license is as
27 follows:
1 (i) If none of the vehicles owned by the person applying for
2 the septage waste vehicle license will be used at any time during
3 the license period for disposal of septage waste by land
4 application, $350.00 per year for each septage waste vehicle.
5 (ii) If any of the vehicles owned by the person applying for
6 the septage waste vehicle license will be used at any time during
7 the license period for disposal of septage waste by land
8 application, $480.00 per year for each septage waste vehicle.
9 (c) The fee for a site permit is $500.00. However, a person
10 shall not be charged a fee to renew a site permit.
11 (2) If a fee under subsection (1) is paid for a license,
12 permit, or approval but the application for the license or permit
13 or the request for the approval is denied, the department shall
14 promptly refund the fee.
15 (3) For each state fiscal year, a person possessing a septage
16 waste servicing license and septage waste vehicle license as of
17 January 1 of that fiscal year shall be assessed a septage waste
18 servicing license fee and septage waste vehicle license fee as
19 specified in this section. The department shall notify those
20 persons of their fee assessments by February 1 of that fiscal
21 year. Payment shall be postmarked by March 15 of that fiscal
22 year. Fees assessed in the 2005 calendar year for a septage
23 waste servicing license or a septage waste vehicle license shall
24 be reduced by the amount of the fee paid by the applicant for a
25 septage waste vehicle license for the same vehicle or for a
26 septage waste servicing license, respectively, in effect on
27 January 1, 2005, prorated based on the portion of the 3-year term
1 of that license remaining after December 31, 2004.
2 (4) The department shall assess interest on all fee payments
3 received after the due date. The amount of interest shall equal
4 0.75% of the payment due, for each month or portion of a month
5 the payment remains past due. The failure by a person to timely
6 pay a fee imposed by this section is a violation of this part.
7 (5) If a person fails to pay a fee required under this
8 section in full, plus any interest accrued, by October 1 of the
9 year following the date of notification of the fee assessment,
10 the department may issue an order that revokes the license or
11 permit held by that person for which the fee was to be paid.
12 (6) Fees and interest collected under this section shall be
13 deposited in the fund.
14 Sec. 11718. (1)
The department may shall promulgate rules
15 to implement this
part. The rules may include rules
16 establishing that establish both of the following:
17 (a) Continuing education requirements under section 11706.
18 (b) Design and operating requirements for receiving
19 facilities, as provided in section 11715b.
20 (2) The department may, in addition, promulgate rules that do
21 1 or more of the following:
22 (a) Add other
materials and substances that are included in
23 to the definition of
septage waste. and other
24 (b) Add
enclosures for septage waste that require licenses
25 to service to the list of enclosures in the definition of
26 septage waste under section 11701 the servicing of which requires
27 a septage waste servicing license under this part.
1 (c) Specify information required on an application for a
2 septage waste servicing license, septage waste vehicle license,
3 or site permit.
4 (d) Establish standards or procedures for a department
5 declaration under section 11708 that a wastewater treatment plant
6 or structure is unavailable as a receiving facility because of
7 excessive hydraulic or organic loading, odor problems, or other
8 factors.
9 Sec. 11719. (1) A
person who violates this part, a
10 condition of a license
or permit issued under this part, or who
11 makes false statements
to obtain a license under this part
12 section 11704, 11705, 11708, 11709, 11710, or 11711 is guilty of
13 a misdemeanor punishable
by imprisonment for not more than 10
14 90 days or a fine of not
more than $500.00 $5,000.00, or both.
15 If the violation is
of a continuing nature, each day the
16 violation occurs is a
separate offense. A peace officer
may
17 issue an appearance ticket to a person for a violation of any of
18 these sections.
19 (2) If the
department finds that a person is in violation of
20 a license, permit, or
a requirement of this part, pursuant to the
21 administrative
procedures act of 1969, Act No. 306 of the Public
22 Acts of 1969, being sections
24.201 to 24.328 of the Michigan
23 Compiled Laws, the
department may revoke, suspend, or modify the
24 license or permit. A person who knowingly makes or causes to be
25 made a false statement or entry in a license application or a
26 record required in section 11703 is guilty of a felony punishable
27 by imprisonment for not more than 2 years, or a fine of not less
1 than $2,500.00 or more than $25,000.00, or both.
2 (3) A person who violates this part or a license or permit
3 issued under this part, except as provided in subsections (1) and
4 (2), is guilty of a misdemeanor punishable by imprisonment for
5 not more than 30 days or a fine of not less than $1,000.00 and
6 not more than $2,500.00, or both.
7 (4) Each day that a violation described in subsection (1),
8 (2), or (3) continues constitutes a separate violation.
9 (5) (3) Upon
receipt of information that the servicing of
10 septage waste regulated by this part presents an imminent or
11 substantial threat to the public health, safety, welfare, or the
12 environment, after consultation with the director or a designated
13 representative of the
department of public community health,
14 the department, or a peace officer if authorized by law, shall do
15 1 or more of the following:
16 (a) Summarily
suspend a license pursuant Pursuant to the
17 administrative procedures
act of 1969, Act No. 306 of the Public
18 Acts of 1969 1969 PA 306, MCL 24.201 to 24.328, summarily
19 suspend a license issued under this part and afford the holder of
20 the license an opportunity for a hearing within 7 days.
21 (b) Request that the attorney general commence an action to
22 enjoin the act or practice and obtain injunctive relief upon a
23 showing that a person is or has removed, transported, or disposed
24 of septage waste in a manner that is or may become injurious to
25 the public health, safety, welfare, or the environment.
26 (c) Seize a
vehicle, equipment, or other property used or
27 operated in a manner
or for a purpose contrary to this part or
1 contrary to a license
or permit issued under this part. A holder
2 of a license or permit
whose property is seized pursuant to this
3 section shall be
afforded an opportunity for a hearing within 7
4 days pursuant to the
administrative procedures act of 1969, Act
5 No. 306 of the Public
Acts of 1969.
6 (4) If the
department determines that hazardous or nuisance
7 conditions or unlawful
pollution of the waters of the state has
8 resulted or may result
from the activities of a person who holds
9 a license, the
department shall notify the holder of that license
10 and afford the license
holder the opportunity to take corrective
11 action to abate or
prevent the pollution.
12 Sec. 11720. (1) The director may grant a temporary variance
13 from a requirement of this part added by the 2004 amendatory act
14 that amended this part if all of the following requirements are
15 met:
16 (a) The variance is requested in writing.
17 (b) The requirements of this part cannot otherwise be met.
18 (c) The variance will not create or increase the potential
19 for a health hazard, nuisance condition, or pollution of surface
20 water or groundwater.
21 (d) The activity or condition for which the variance is
22 proposed will not violate any other part of this act.
23 (2) A variance granted under subsection (1) shall be in
24 writing and shall be posted on the department's website.