HB-4438, As Passed House, June 12, 2018

HB-4438, As Passed Senate, June 7, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4438

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11701 and 11718 (MCL 324.11701 and 324.11718),

section 11701 as amended by 2016 PA 294 and section 11718 as

amended by 2004 PA 381, and by adding section 11721.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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) (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 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) (j) "Fund" means the septage waste program fund created in

section 11717.

(l) (k) "Governmental unit" means a county, township,

municipality, or regional authority.

(m) (l) "Incorporation" means the mechanical mixing of

surface-applied septage waste with the soil.

(n) (m) "Injection" means the pressurized placement of septage

waste below the surface of soil.

(o) (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.

(p) (o) "Pathogen" means a disease-causing agent. Pathogen

includes, but is not limited to, certain bacteria, protozoa,

viruses, and viable helminth ova.

(q) (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 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) (q) "Portable toilet" means a receptacle for human waste

temporarily in a location for human use.

(s) (r) "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) (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, except that

the geographic service area of a receiving facility shall not

extend more than 25 radial miles from the receiving facility.

(u) (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.

(v) (u) "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) (v) "Septage waste servicing license" means a septage

waste servicing license as provided for under sections 11703 and

11706.

(x) (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 implement

of husbandry as defined in section 21 of the Michigan vehicle code,

1949 PA 300, MCL 257.21.

(y) (x) "Septage waste vehicle license" means a septage waste

vehicle license as provided for under sections 11704 and 11706.

(z) (y) "Septic tank" means a septic toilet, chemical closet,

or other enclosure used for the decomposition of domestic sewage.

(aa) (z) "Service" or "servicing" means cleaning, removing,

transporting, or disposing, by application to land or otherwise, of

septage waste.

(bb) (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.

(cc) (bb) "Site permit" means a permit issued under section

11709 authorizing the application of septage waste to a site.

(dd) (cc) "Storage facility" means a structure that receives

septage waste for storage but not for treatment.

(ee) (dd) "Tank" means an enclosed container placed on a

septage waste vehicle to carry or transport septage waste.

(ff) (ee) "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) (ff) "Type III marine sanitation device" means that term

as defined in 33 CFR 159.3.

Sec. 11718. (1) The department shall promulgate rules that

establish both of the following:

     (a) Continuing education requirements under section

11706.11703.

     (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 waste 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

declaration order under section 11708 that prohibiting the

operation of a wastewater treatment plant or structure is

unavailable as a receiving facility. because of excessive hydraulic

or organic loading, odor problems, or other factors.

     (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.

     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.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.