September 8, 2005, Introduced by Reps. Acciavatti, Pavlov, Booher and Palmer and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11518 and 11701 (MCL 324.11518 and 324.11701),
section 11701 as amended by 2004 PA 381.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11518. (1) At the time When a disposal area that
is a
sanitary landfill is licensed, an instrument that imposes a
restrictive
covenant upon the land involved described in the
construction permit as constituting the facility shall be executed
by
all of the owners of the tract of that land upon
which the
landfill
is to be located and the department. If the land
involved
is state owned
by this state, the state administrative
board
shall execute the covenant on behalf of
the this state.
The
covenant shall include a legal description of the facility boundary
and a map depicting both the facility boundary, with metes and
bounds for each section of traverse labeled, and the solid waste
boundary. The instrument imposing the restrictive covenant shall be
filed for record by the department or a health officer in the
office of the register of deeds of the county, or counties, in
which the facility is located. The covenant shall state that the
land described in the covenant has been or will be used as a
landfill and that neither the property owners, their servants,
agents, or employees, nor any of their heirs, successors, lessees,
or assigns shall engage in filling, grading, excavating, drilling,
or
mining on the property during the first 50 years following
completion of the landfill without authorization of the department.
In giving authorization, the department shall consider the original
design, the type of operation, the material deposited, and the
stage of decomposition of the fill. Special exemption from this
section may be granted by the department if the lands involved are
federal lands or if contracts existing between the landowner and
the licensee on January 11, 1979 are not renegotiable.
(2) This part does not prohibit the department from conveying,
leasing, or permitting the use of state land for a solid waste
disposal area or a resource recovery facility as provided by
applicable state law.
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) "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 which 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 disposed of
at a receiving facility.
(j) "Fund" means the septage waste program fund created in
section 11717.
(k) "Governmental unit" means a county, township,
municipality, or regional authority.
(l) "Incorporation" means the mechanical mixing of surface-
applied septage waste with the soil.
(m) "Injection" means the pressurized placement of septage
waste below the surface of soil.
(n) "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.
(o) "Pathogen" means a disease-causing agent. Pathogen
includes, but is not limited to, certain bacteria, protozoa,
viruses, and viable helminth ova.
(p) "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 certified pursuant to
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, or any conservation officer appointed by the
department or the department of natural resources pursuant to
section 1606.
(q) "Portable toilet" means a receptacle for human waste
temporarily in a location for human use.
(r) "Receiving facility" means a structure that is designed to
receive
septage waste for treatment at a wastewater treatment
plant
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 that operates the wastewater treatment
plant
or in an operating plan where
the structure is located.
Receiving facility does not include either of the following:
(i) A septic tank.
(ii) A structure or a wastewater treatment plant at which the
disposal of septage waste is prohibited by order of the department
under section 11708 or 11715b.
(s) "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, subject to the
following:
(i) Beginning
1 year after the effective date of
the 2004
amendatory
act that added this subdivision October
12, 2005 and
before the 2011 state fiscal year, the geographic service area of a
receiving facility shall not extend more than 15 radial miles from
the receiving facility.
(ii) After the 2010 state fiscal year, the geographic service
area of a receiving facility shall not extend more than 25 radial
miles from the receiving facility.
(t) "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.
(u) "Septage waste" means the fluid mixture of untreated and
partially treated sewage solids, liquids, and sludge of human or
domestic
origin which 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.
(v) "Septage waste servicing license" means a septage waste
servicing license as provided for under sections 11703 and 11706.
(w) "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
instrument
implement of husbandry as defined in section 21 of the
Michigan vehicle code, 1949 PA 300, MCL 257.21.
(x) "Septage waste vehicle license" means a septage waste
vehicle license as provided for under sections 11704 and 11706.
(y) "Septic tank" means a septic toilet, chemical closet, or
other enclosure used for the decomposition of domestic sewage.
(z) "Service" or "servicing" means cleaning, removing,
transporting, or disposing, by application to land or otherwise,
of septage waste.
(aa) "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.
(bb) "Site permit" means a permit issued under section 11709
authorizing the application of septage waste to a site.
(cc) "Storage facility" means a structure that receives
septage waste for storage but not for treatment.
(dd) "Tank" means an enclosed container placed on a septage
waste vehicle to carry or transport septage waste.
(ee)
"Type I public water supply",
well", "type
IIa public
water
supply", well", "type IIb public water
supply", well",
and
"type III public water supply"
well" mean
those terms,
respectively, as described in R 325.10502 of the Michigan
administrative code.
(ff) "Type III marine sanitation device" means that term as
defined in 33 CFR 159.3.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5148(request no.
03018'05 **).
(b) Senate Bill No. 747 or House Bill No.____ (request no.
04373'05).