SENATE BILL No. 1436

 

 

July 28, 2010, Introduced by Senator McMANUS and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11715 (MCL 324.11715), as amended by 2004 PA

 

381.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11715. (1) This part does not preempt an ordinance of a

 

governmental unit that prohibits the application of septage waste

 

to land within that governmental unit or otherwise imposes stricter

 

requirements than this part.

 

     (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

 

can meets both of the following requirements:

 

     (a) Is located within that local governmental unit.

 

     (b) Can lawfully accept, and has the capacity 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.