reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11558 - Large Class 1 Composting Facilities; Owner or Operator Responsibilities; Separation of Class 2 Compostable Materials.

324.11558 Large class 1 composting facilities; owner or operator responsibilities; separation of class 2 compostable materials.
Sec. 11558.
(1) The owner or operator of a large class 1 composting facility shall submit to the department the following items:
(a) A site map.
(b) An operations plan.
(c) An odor management plan.
(d) A training plan.
(e) A fire prevention plan.
(f) A facility closure plan.
(2) The owner or operator of a large class 1 composting facility shall ensure that all of the following requirements are met:
(a) Finished compost is tested in compliance with section 11564.
(b) The compostable material is not stored in a manner constituting speculative accumulation. The owner or operator of the large composting facility shall maintain and make available to the department records to demonstrate compliance with this requirement.
(c) Composting does not result in standing water or attract or harbor rodents or other vectors.
(d) Unless approved by the department, the composting operations do not result in more than the following volume on any acre:
(i) 5,000 cubic yards of compostable material, finished compost, compost additives, or screening rejects or any combination thereof.
(ii) 10,000 cubic yards of compostable material if the site is using forced air static pile composting.
(e) The composting facility complies with wellhead protection programs.
(3) Class 2 compostable material shall be separated out from other solid waste and maintained separately until used to produce compost, unless otherwise authorized by the department.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11560 - Annual Report.

324.11560 Annual report.
Sec. 11560.
The owner or operator of a composting facility that is required to notify or register under part 115 or that is approved under a general permit shall, within 45 days after the end of each state fiscal year, report to the department all of the following information for that fiscal year:
(a) The amount of compostable material brought to the site, by county of origin.
(b) The amount of finished compost removed from the site.
(c) The amount of unfinished compostable material removed from the site.
(d) The volume of residuals removed from the site.
(e) The total amount of compostable material, compost, and residuals on-site at the end of the fiscal year.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11561 - Characterization of Finished Compost; Use of Compost; Approval by Department.

324.11561 Characterization of finished compost; use of compost; approval by department.
Sec. 11561.
(1) A person shall not use compost produced from class 2 compostable material unless the department approves the class 2 compostable material as appropriate for the use under part 115.
(2) A person shall not compost solid waste unless the person has filed a petition under R 299.4118a of the MAC and obtained approval from the department. To characterize the finished compost, the petitioner shall include all of the following information in the petition, in addition to the information required in R 299.4118a of the MAC:
(a) The type of waste and its potential for creating a nuisance or environmental contamination.
(b) The time required for compost to reach maturity, as determined by a reduction of organic matter content during composting. Organic matter content shall be determined by measuring the volatile residues content using a method that is approved by the department or EPA method 160.4, contained in "Methods for Chemical Analysis of Water and Waste", EPA-600, Revision 8, July 2014, Update V.
(c) The foreign matter content of finished compost. The foreign matter content shall be determined as follows:
(i) A weighed sample of the finished compost is sifted through a 4.0-millimeter screen.
(ii) The foreign matter remaining on the screen is separated and weighed.
(iii) The weight of the separated foreign matter is divided by the weight of the finished compost.
(iv) The quotient under subparagraph (iii) is multiplied by 100.
(d) Particle size, as determined by sieve analysis.
(3) The department shall approve a material for use as compostable material if the person who proposes the use demonstrates all of the following:
(a) The material has or will be converted to compost under controlled conditions at a class 2 composting facility.
(b) The material will not be a source of environmental contamination or cause a nuisance.
(c) The end user will be given written instructions on the proper use of the finished compost.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11563 - Sale of General Use Compost; Labeling Requirements; Management of Restricted Use Compost.

324.11563 Sale of general use compost; labeling requirements; management of restricted use compost.
Sec. 11563.
(1) General use compost offered for sale shall be accompanied by a label, in the case of bagged compost, or an information sheet in the case of bulk sales. The label or information sheet shall contain all of the following information:
(a) The name and generator of the compost.
(b) The feedstock and bulking agents used to produce the compost.
(c) Use instructions, including application rates and any restrictions on use.
(d) If the compost is marketed as a fertilizer, micronutrient, or soil conditioner, the label shall list the applicable parameters under section 11565 and comply with the requirements of part 85, if applicable.
(e) If the compost is marketed as a liming material, the label shall list the applicable parameters under section 11565 and shall include a statement indicating that the generator of the compost is in compliance with the applicable requirements of 1955 PA 162, MCL 290.531 to 290.538. The label shall specify the generator's liming license number.
(f) A statement indicating how the user of the compost can obtain the results of all testing, including test parameters and concentration levels.
(2) Restricted use compost shall be managed as provided in any of the following:
(a) Disposed of at a properly licensed landfill.
(b) Stockpiled on-site until the generator petitions the department under section 11562 and the department reclassifies the compost as provided in that section.
(c) Used for a use specified by the department under section 11553(3).
(d) If offered for sale, accompanied by a label, in the case of bagged compost, or an information sheet in the case of bulk sales. The label or information sheet shall contain both of the following:
(i) The information required by subsection (1).
(ii) A statement that the compost has been approved for use by this state and further indicating how the user of the compost may obtain the results of all testing including test parameters, concentration levels, and the applicable standards.
(3) The department may impose conditions for use of restricted use compost to ensure the protection of the environment, natural resources, or the public health, safety, or welfare.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11564 - Testing of Finished Compost; Compliance.

324.11564 Testing of finished compost; compliance.
Sec. 11564.
(1) The following sites shall test their finished compost in compliance with the US Composting Council's Seal of Testing Assurance, unless the department has approved an alternate procedure:
(a) Class 1 composting facilities that produce over 2,000 cubic yards of finished compost per year. The finished compost shall be analyzed for the parameters listed in section 11565.
(b) Class 2 composting facilities. The finished compost shall be analyzed for the parameters listed in section 11565 and, if the compost is produced from class 2 compostable material, other parameters identified in the facility's general permit.
(2) All sites not listed in subsection (1) shall test at least 1 sample of finished compost per 4,000 cubic yards or 2,000 tons per year for the parameters listed in section 11565, unless the department has approved an alternate procedure.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11565 - General Use Parameters for Compost.

324.11565 General use parameters for compost.
Sec. 11565.
All of the following are general use parameters for compost:
(a) pH.
(b) Carbon-to-nitrogen ratio.
(c) Soluble salts.
(d) Total available nitrogen.
(e) Phosphorus reported as P2O5.
(f) Potassium reported as K2O.
(g) Calcium.
(h) Magnesium.
(i) Chloride.
(j) Sulfate.
(k) Arsenic.
(l) Cadmium.
(m) Copper.
(n) Lead.
(o) Mercury.
(p) Molybdenum.
(q) Nickel.
(r) Selenium.
(s) Zinc.
(t) Pathogens.
(u) Fecal coliforms.
(v) Salmonella.
(w) Percent organic matter.
(x) Percent foreign matter.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11567 - Creation of Soil-Like Product; Blending Requirements; Gypsum Drywall.

324.11567 Creation of soil-like product; blending requirements; gypsum drywall.
Sec. 11567.
(1) A person may blend low-hazard industrial waste or compost additives with general use compost or compost produced from yard waste to create a soil-like product if all of the following conditions are met, as applicable:
(a) The blending occurs at a class 1 or class 2 composting facility.
(b) The mixture meets the requirements of section 11553(5) or other requirements approved by the department.
(c) If the blending is with general use compost, the blending occurs within 30 days after the low-hazard industrial waste or compost additives are collected at the class 1 or class 2 composting facility.
(2) Gypsum drywall may be added to finished compost if the gypsum drywall constitutes less than 50% of the compost by weight and is less than 1/4 inch in diameter.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-10 - Subpart 10 Materials Utilization Facilities (324.11555...324.11569) › Section 324.11569 - Materials Utilization Facilities; Site Map and Operations Plan; Final Closure Plan; Notification Requirements.

324.11569 Materials utilization facilities; site map and operations plan; final closure plan; notification requirements.
Sec. 11569.
(1) With a registration or an application for approval under a general permit required under section 11568, the owner or operator of a materials utilization facility shall submit a site map and operations plan for the materials utilization facility. With an application for approval under a general permit, the owner or operator shall submit a final closure plan. Pending registration or authorization under a general permit of a materials utilization facility in operation on the effective date of the amendatory act that added this section, the department shall review the operating requirements for the facility. If the department determines upon review that the operating requirements do not comply with part 115, the department shall issue a schedule of remedial measures that will lead to compliance within a reasonable period of time not to exceed 1 year from the determination of noncompliance.
(2) If an increase in the volume or change in the type of material managed by a materials utilization facility triggers a requirement for notification, registration, or approval under a general permit, the owner or operator of the facility shall submit the notification, complete application for registration, or complete application for approval under a general permit within 90 days.
History:
Add. 2022, Act 249, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11573 - Planning Committee; Responsibilities.

324.11573 Planning committee; responsibilities.
Sec. 11573.
In addition to its other responsibilities under part 115, the planning committee shall do all of the following:
(a) Direct the DPA in the preparation of the MMP.
(b) Review and approve the DPA's work program under section 11587(4).
(c) Identify relevant local materials management policies and priorities.
(d) Ensure coordination in the preparation of the MMP.
(e) Advise counties and municipalities with respect to the MMP.
(f) Ensure that the DPA is fulfilling the requirements of part 115 as to both the content of the MMP and public participation. The planning committee shall notify the DPA of any deficiencies. If the deficiencies are not addressed by the DPA to the planning committee's satisfaction, the planning committee shall notify the CAA. If the deficiencies are not addressed by the CAA to the planning committee's satisfaction, the planning committee shall notify the department. The department shall address the deficiencies and may prepare the MMP under section 11575(11).
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11577 - Materials Management Plan Goals.

324.11577 Materials management plan goals.
Sec. 11577.
The goals of an MMP are all of the following:
(a) To prevent adverse effects on the environment, natural resources, or the public health, safety, or welfare resulting from improper collection, processing, recovery, or disposal of managed materials, including protection of surface water and groundwater, air, and land.
(b) To ensure managed materials are sustainably managed to achieve benefits to the economy, communities, and the environment.
(c) To ensure that all managed material generated in the planning area is collected and recovered, processed, or disposed at materials management facilities that comply with state statutes and rules or managed appropriately at out-of-state facilities.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11579 - Materials Management Plan; Siting Process; Exception.

324.11579 Materials management plan; siting process; exception.
Sec. 11579.
(1) An MMP shall include a siting process with a set of minimum criteria for the purposes of section 11585(3).
(2) A materials utilization facility need not be sited if the CAA or DPA demonstrates to the department that the planning area has available capacity sufficient to address the managed materials identified by the MMP as being generated in the planning area.
(3) The siting process shall not include siting criteria that are more restrictive than state law if a materials utilization facility could not be developed anywhere in the planning area under those criteria.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11580 - Preparation of Materials Management Plan by the Department; Requirements.

324.11580 Preparation of materials management plan by the department; requirements.
Sec. 11580.
(1) In addition to the other requirements of part 115, if the county board of commissioners, municipalities, and regional planning agency do not timely submit a notice of intent to prepare an MMP and the department prepares an MMP as authorized under section 11571, the MMP prepared by the department shall comply with all of the following:
(a) Automatically find all materials utilization facilities or solid waste processing and transfer facilities that are exempt from permit and license requirements, that comply with local zoning requirements, and that are identified in the MMP to be consistent with the MMP.
(b) Not allow approval of additional solid waste landfill disposal capacity unless the county board of commissioners has made the demonstration required under section 11509(9).
(c) Require all haulers serving the planning area to provide recycling access consistent with the access requirements of the benchmark recycling standards.
(2) If the department prepares an MMP, the MMP need not contain a requirement for a proposed materials management facility to meet additional siting criteria or obtain host community approval under section 11585(3)(c).
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11581 - Implementation of Materials Management Plan; Funding Mechanisms.

324.11581 Implementation of materials management plan; funding mechanisms.
Sec. 11581.
(1) In addition to the materials management planning grants under section 11587, a municipality or county may fund the implementation of an MMP through any of the following methods, if applicable and to the extent authorized by the mechanism:
(a) A millage under 1917 PA 298, MCL 123.261.
(b) A municipal utility service fee.
(c) Special assessments under 1957 PA 185, MCL 123.731 to 123.786; 1954 PA 188, MCL 41.721 to 41.738; or the township and village public improvement and public service act, 1923 PA 116, MCL 41.411 to 41.419.
(d) A service provider franchise agreement.
(e) Hauler licensing fees.
(f) A voter-approved millage.
(g) A general fund appropriation.
(h) Supplemental fees for service.
(i) A surcharge under section 8a of the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.508a.
(j) A landfill surcharge.
(k) A flow control fee structure.
(l) Any other lawful mechanism.
(2) Appropriate uses for funding described in subsection (1) may include, but are not limited to, the following:
(a) Recycling programs.
(b) Organic materials management.
(c) Education and outreach regarding recycling and materials utilization.
(d) Relevant market development.
(e) Materials reduction and reuse initiatives.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11582 - County Approval Agency; Certification of Materials Management Goals; Eligibility for Assistance.

324.11582 County approval agency; certification of materials management goals; eligibility for assistance.
Sec. 11582.
(1) The CAA shall certify to the department the CAA's progress toward meeting all components of its materials management goals. The first certification shall be submitted by the first June 30 that is more than 2 years after the department's approval of the initial MMP or MMP amendment. Subsequent certifications shall be submitted by June 30 every 2 years after the first certification.
(2) If a county does not make progress toward meeting its benchmark recycling standards and ultimately the municipal solid waste recycling rate goal under section 11507, the county is ineligible for assistance from the recycling access and voluntary participation program under section 11550(9) until both of the following requirements are met:
(a) The county adopts an ordinance or other enforceable mechanism to ensure that any solid waste hauler providing curbside solid waste hauling service also offers curbside recycling service to dwellings of 4 or fewer units in the planning area.
(b) Any remaining deficiencies in a county's progress toward meeting its materials management goals are addressed.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11583 - Enforceability of Certain Local and State Laws.

324.11583 Enforceability of certain local and state laws.
Sec. 11583.
An ordinance, law, rule, regulation, policy, or practice of a municipality, county, or governmental authority created by statute is not enforceable if any of the following apply:
(a) It conflicts with part 115.
(b) It prohibits or regulates the location or development of a materials management facility and is not part of or not consistent with the materials management plan for the county.
(c) It violates section 207 of the Michigan zoning enabling act, 2006 PA 110, MCL 125.3207, with respect to a materials management facility.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11584 - Flow of Solid Waste or Managed Material; Control Requirements; Departmental Duties; Database.

324.11584 Flow of solid waste or managed material; control requirements; departmental duties; database.
Sec. 11584.
(1) A county, municipality, authority, or regional planning agency that owns or operates a materials management facility may adopt requirements controlling the flow of solid waste or managed material to the materials management facility, to the extent allowed by the interstate commerce clause, clause 3 of section 8 of article I of the Constitution of the United States.
(2) The county board of commissioners may ensure that the necessary materials management authorizations or fees or any other regulatory ordinances or agreements needed to achieve the materials management goals are in effect.
(3) The department shall do all of the following:
(a) Maintain a database for materials management facilities to report to the department information, as determined by the department, required under part 115.
(b) Provide materials management facilities with instructions necessary to add information to the database.
(c) Provide CAAs access to information in the database.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587) › 451-1994-II-3-115-11 - Subpart 11 Materials Management Plans (324.11571...324.11587) › Section 324.11586 - State Solid Waste Management Plan.

324.11586 State solid waste management plan.
Sec. 11586.
(1) The state solid waste management plan consists of the state solid waste plan and all MMPs approved by the department.
(2) The department shall consult and assist in the preparation and implementation of MMPs.
(3) The department may undertake or contract for studies or reports necessary or useful in the preparation of the state solid waste management plan.
(4) The department shall promote policies that encourage resource recovery and establishment of materials utilization facilities.
History:
Add. 2022, Act 250, Eff. Mar. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
Popular Name:
Solid Waste Act
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11702 - Septage Waste Licensing; Requirement.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11704 - Septage Waste Vehicle License; Application; Display; Transportation of Hazardous Waste or Liquid Industrial By-Product.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11705 - Septage Waste Vehicle, Tank, and Accessory Equipment; Requirements.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11706 - Review of Applications; Providing Health Department With Copies of Application Materials; Investigations; Issuance of License; License Nontransferable; Duration of License.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11707 - Display on Both Sides of Septage Waste Vehicle.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11708 - Disposal of Septage Waste at Receiving Facility; Fee; Order Prohibiting Operation of Wastewater Treatment Plant.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11711 - Surface Application of Septage Waste to Frozen Ground; Requirements.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11712 - Applicability of Federal Regulations.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11713 - Inspection of Disposal Site.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11714 - Prohibited Disposition of Septage Waste Into Certain Bodies of Water.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11715d - Advisory Committee to Make Recommendations on Septage Waste Storage Facility Management Practices.

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
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11716 - Certification of City, County, and District Departments of Health to Carry Out Powers and Duties.

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