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-3-117 - Part 117 Septage Waste Servicers (324.11701...324.11721) › Section 324.11717 - Septage Waste Site Contingency Fund; Creation; Authorization of Expenditures.

324.11717 Septage waste site contingency fund; creation; authorization of expenditures.
Sec. 11717.
(1) There is created in the state treasury a septage waste site contingency fund. Interest earned by the septage waste contingency fund shall remain in the septage waste contingency fund unless expended as provided in subsection (2).
(2) The department shall expend money from the septage waste contingency fund, upon appropriation, only to defray costs of the continuing education courses under section 11703 that would otherwise be paid by persons taking the courses.
(3) The septage waste program fund is created within the state treasury.
(4) Fees and interest on fees collected under this part shall be deposited in the fund. In addition, promptly after the effective date of the 2004 amendatory act that amended this section, the state treasurer shall transfer to the septage waste program fund all the money in the septage waste compliance fund. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(5) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(6) The department shall expend money from the fund, upon appropriation, only for the enforcement and administration of this part, including, but not limited to, compensation to certified health departments or third parties carrying out certain powers and duties of the department under section 11716.
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 324.11718 - Rules.

324.11718 Rules.
Sec. 11718.
(1) The department shall promulgate rules that establish both of the following:
(a) Continuing education requirements under section 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 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 order under section 11708 prohibiting the operation of a wastewater treatment plant or structure as a receiving facility.
(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.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381, Imd. Eff. Oct. 12, 2004 ;-- Am. 2018, Act 271, Eff. Sept. 27, 2018
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 324.11719 - Violation or False Statement as Misdemeanor; Penalties.

324.11719 Violation or false statement as misdemeanor; penalties.
Sec. 11719.
(1) A person who violates section 11704, 11705, 11708, 11709, 11710, or 11711 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both. A peace officer may issue an appearance ticket to a person for a violation of any of these sections.
(2) A person who knowingly makes or causes to be made a false statement or entry in a license application or a record required in section 11703 is guilty of a felony punishable by imprisonment for not more than 2 years, or a fine of not less than $2,500.00 or more than $25,000.00, or both.
(3) A person who violates this part or a license or permit issued under this part, except as provided in subsections (1) and (2), is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not less than $1,000.00 and not more than $2,500.00, or both.
(4) Each day that a violation described in subsection (1), (2), or (3) continues constitutes a separate violation.
(5) Upon receipt of information that the servicing of septage waste regulated by this part presents an imminent or substantial threat to the public health, safety, welfare, or the environment, after consultation with the director or a designated representative of the department of community health, the department, or a peace officer if authorized by law, shall do 1 or more of the following:
(a) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, summarily suspend a license issued under this part and afford the holder of the license an opportunity for a hearing within 7 days.
(b) Request that the attorney general commence an action to enjoin the act or practice and obtain injunctive relief upon a showing that a person is or has removed, transported, or disposed of septage waste in a manner that is or may become injurious to the public health, safety, welfare, or the environment.
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 324.11720 - Temporary Variance From Act.

324.11720 Temporary variance from act.
Sec. 11720.
(1) The director may grant a temporary variance from a requirement of this part added by the 2004 amendatory act that amended this part if all of the following requirements are met:
(a) The variance is requested in writing.
(b) The requirements of this part cannot otherwise be met.
(c) The variance will not create or increase the potential for a health hazard, nuisance condition, or pollution of surface water or groundwater.
(d) The activity or condition for which the variance is proposed will not violate any other part of this act.
(2) A variance granted under subsection (1) shall be in writing and shall be posted on the department's website.
History:
Add. 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 324.11721 - Farm Operation Exemption; Requirements.

324.11721 Farm operation exemption; requirements.
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.
History:
Add. 2018, Act 271, Eff. Sept. 27, 2018
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-3-119 - Part 119 Waste Management and Resource Recovery Finance (324.11901...324.11908) › Section 324.11902 - Powers of Municipality Generally.

324.11902 Powers of municipality generally.
Sec. 11902.
A municipality may do any of the following:
(a) Acquire by gift, purchase, or lease, construct, improve, remodel, repair, maintain, and operate, individually or jointly with a municipality or person, a waste management project; acquire private or public property by purchase, lease, gift, or exchange; and acquire private property when necessary by condemnation for public purposes pursuant to Act No. 149 of the Public Acts of 1911, being sections 213.21 to 213.25 of the Michigan Compiled Laws, or other applicable law or charter.
(b) Impose rates, charges, and fees, and enter into contracts relative to the rates, charges, and fees with persons using a waste management project; and assign, convey, encumber, mortgage, pledge, or grant a security interest in the rates, charges, and fees or the right to impose rates, charges, and fees to a person or municipality for the purpose of securing a contract with a person or municipality or for the purpose of providing security or a source of payment for an indebtedness of a person or municipality, including bonds or notes, issued pursuant to the following acts, to finance the cost of a waste management project or in anticipation of revenues from a waste management project:
(i) The industrial development revenue bond act of 1963, Act No. 62 of the Public Acts of 1963, being sections 125.1251 to 125.1267 of the Michigan Compiled Laws.
(ii) The economic development corporation act, Act No. 338 of the Public Acts of 1974, being sections 125.1601 to 125.1636 of the Michigan Compiled Laws.
(iii) The Derezinski-Geerlings job development authority act, Act No. 301 of the Public Acts of 1975, being sections 125.1701 to 125.1770 of the Michigan Compiled Laws.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-3-119 - Part 119 Waste Management and Resource Recovery Finance (324.11901...324.11908) › Section 324.11903 - Contracts for Acquisition, Construction, Financing, and Operation of Waste Management Project or for Use of Services of Project; Bids or Proposals; Negotiations; Validity of Contracts; Pledge of Full Faith and Credit; Methods of Paying Pledged Share of Costs.

324.11903 Contracts for acquisition, construction, financing, and operation of waste management project or for use of services of project; bids or proposals; negotiations; validity of contracts; pledge of full faith and credit; methods of paying pledged share of costs.
Sec. 11903.
(1) A municipality may enter into a contract with a person or municipality, providing for the acquisition, construction, financing, and operation of a waste management project or for the use of the services of a project. Notwithstanding the requirements of its municipal charter or ordinances, the municipality, following the receipt from persons of bids or proposals for a contract referred to in this section, may negotiate with 1 or more persons who have submitted the bids or proposals, permit those persons to modify their bids or proposals, and enter into a contract with 1 or more of those persons on the basis of a bid or proposal as modified. A contract executed pursuant to this section, regardless of whether the bidding on the contract occurred before July 12, 1978, shall be valid and binding on the parties. The municipality is authorized, but is not required, to pledge its full faith and credit for the payment of the obligation in the manner and times specified in the contract.
(2) To pay its pledged share of the costs of a waste management project or to secure its contract for the use of project services, a contracting municipality may use or pledge 1 or more, or a combination, of the following methods of raising necessary funds:
(a) If the full faith and credit of the municipality is pledged, the levy of a tax on taxable property by a municipality having the power to tax, which tax may be imposed without limitation as to rate or amount and may be imposed in addition to other taxes that the municipality is authorized to levy, but for not more than a rate or amount that is sufficient to pay its share or secure its contract.
(b) The levy and collection of rates or charges to users and beneficiaries of the service furnished by the waste management project.
(c) From money received or to be received from the imposition of taxes by the state and returned to the municipality, unless the use of the money for that purpose is expressly prohibited by the state constitution of 1963.
(d) From any other funds which may be validly used for that purpose.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-3-119 - Part 119 Waste Management and Resource Recovery Finance (324.11901...324.11908) › Section 324.11904 - Additional Powers of Municipality.

324.11904 Additional powers of municipality.
Sec. 11904.
A municipality may do any of the following:
(a) Include in a contract with a municipality or person provisions to the effect that the municipality will require all residential waste subject to its jurisdiction and police power under applicable law or charter and collected within its limits, whether by a municipality or person operating under contract with the municipality, to be disposed of at the waste management project. If so included, the municipality shall enact legislation with appropriate penalties to make the requirement effective. However, a township, by resolution, may disapprove the collection of waste within the township boundaries by a county.
(b) Provide by contract with a municipality or person for the ownership of a waste management project after all indebtedness with respect to the project has been retired.
(c) Provide that rates or charges to users and beneficiaries of the service furnished by the waste management project shall be a lien on the premises for which the services have been provided, and that amounts delinquent for 3 months or more may be certified annually to the proper tax assessing officer or agency of the municipality, to be entered upon the next tax roll against the premises to which the services have been rendered. The charges shall be collected and the lien enforced in the same manner as provided for the collection of taxes assessed upon the tax roll and the enforcement of a lien for unpaid taxes. The time and manner of certification and other details in respect to the collection of the rates and charges and the enforcement of the lien shall be prescribed by the governing body of the municipality. The municipality may authorize a person or municipality to impose, levy, and collect rates or charges against users and beneficiaries of the service furnished by the waste management project. The municipality may agree with a municipality or person that the rates and charges shall be a lien on the premises serviced, and may further agree that the collection of the rates and charges imposed may be collected and the lien enforced in the same manner as provided in this subsection for the collection of rates and charges and the enforcement of a lien by the municipality.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-3-119 - Part 119 Waste Management and Resource Recovery Finance (324.11901...324.11908) › Section 324.11905 - Contracts; Provisions; Remedies in Case of Default.

324.11905 Contracts; provisions; remedies in case of default.
Sec. 11905.
A contract by a municipality with a person or municipality may provide for any and all matters relating to the acquisition, construction, financing, and operation of the waste management project as are considered necessary. The contract may provide for appropriate remedies in case of default, including the right of the contracting municipality to authorize the state treasurer or other official charged with the disbursement of unrestricted state funds returnable to the municipality under the state constitution of 1963 or other laws of this state to withhold and apply sufficient funds from those disbursements to make up a default or deficiency.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-3-119 - Part 119 Waste Management and Resource Recovery Finance (324.11901...324.11908) › Section 324.11907 - Exercise of Powers Conferred on Municipality.

324.11907 Exercise of powers conferred on municipality.
Sec. 11907.
A municipality may exercise the powers conferred by this part regardless of the requirements, including the competitive bidding requirement, of its municipal charter.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-3-119 - Part 119 Waste Management and Resource Recovery Finance (324.11901...324.11908) › Section 324.11908 - Provisions Inapplicable to Certain Municipalities.

324.11908 Provisions inapplicable to certain municipalities.
Sec. 11908.
This part shall not apply to municipalities having a population of more than 2,000,000.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12104 - Repealed. 1998, Act 140, Eff. Sept. 1, 1998.

324.12104 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Compiler's Notes:
The repealed section pertained to licensing requirements for transportation of liquid industrial wastes.
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12105 - Registered and Permitted Transporter; Requirements.

324.12105 Registered and permitted transporter; requirements.
Sec. 12105.
A transporter is subject to the registration and permitting requirements of the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480. A transporter registered and permitted under that act and licensed under part 117 shall comply with all of the following:
(a) All registration and permitting requirements of the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480, and licensing requirements of this part and part 117.
(b) Septage waste or liquid industrial by-product transported in a vehicle managed under part 117 and this part shall not be disposed of on land, unless specifically authorized by the department.
(c) Unless, under subdivision (b), the department specifically authorizes land application, in addition to the requirements of this part and part 117, the words "Land Application Prohibited", in a minimum of 2-inch letters, shall be affixed in a conspicuous location and visible on both sides of the vehicle if both of the following apply:
(i) The vehicle is licensed under part 117 to transport septage waste.
(ii) The vehicle is authorized under the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480, to transport liquid industrial by-product.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998 ;-- Am. 2008, Act 8, Imd. Eff. Feb. 20, 2008 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12106 - Equipment, Location, and Methods of Transporter; Inspection by Department.

324.12106 Equipment, location, and methods of transporter; inspection by department.
Sec. 12106.
The department may conduct an inspection to verify that the equipment, location, and methods of a transporter are adequate to effectuate service under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12107 - Vehicles; Copy of Registration and Permit to Be Carried; Closing or Covering of Vehicles; Cleaning and Decontamination; Applicability of Subsection (3) to Vehicle Transporting Brine.

324.12107 Vehicles; copy of registration and permit to be carried; closing or covering of vehicles; cleaning and decontamination; applicability of subsection (3) to vehicle transporting brine.
Sec. 12107.
(1) A vehicle used to transport liquid industrial by-product by public roadway shall carry a copy of the registration and permit issued in accordance with the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480, and shall produce it upon request of the department or a peace officer. The registration and permit may be carried in electronic format.
(2) All vehicles and containers used to transport liquid industrial by-product shall be closed or covered to prevent the escape of by-product. The outside of all vehicles, containers, and accessory equipment shall be kept free of by-product and its residue.
(3) To avoid cross-contamination, all portions of a vehicle or equipment that have been in contact with liquid industrial by-product shall be cleaned and decontaminated before the transport of any products, incompatible by-product, hazardous waste regulated under part 111, or other material. Before the transport of by-product, all portions of a vehicle or equipment shall be cleaned and decontaminated, as necessary, of any hazardous waste regulated under part 111. A transporter who owns or legally controls a vehicle or equipment shall maintain as part of the transporter's records documentation that before its use for the transportation of any products, incompatible by-product, hazardous waste regulated under part 111, or other material, the vehicle or equipment was decontaminated. This subsection does not apply to a vehicle if brine was transported in the vehicle and the next load transported in the vehicle is brine for disposal or well drilling or production purposes, oil or other hydrocarbons produced from an oil or gas well, or water or other fluids to be used in activities regulated under part 615 or the rules, orders, or instructions under that part.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998 ;-- Am. 2008, Act 8, Imd. Eff. Feb. 20, 2008 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12108 - Repealed. 1998, Act 140, Eff. Sept. 1, 1998.

324.12108 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Compiler's Notes:
The repealed section pertained to denial, revocation, or suspension of license.
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12109 - Liquid Industrial By-Product Transporter; Delivery; Retention of Records; Use of Consolidated Shipping Document; Issuance of Site Identification Number.

324.12109 Liquid industrial by-product transporter; delivery; retention of records; use of consolidated shipping document; issuance of site identification number.
Sec. 12109.
(1) A liquid industrial by-product transporter shall provide the generator confirmation of acceptance of by-product for transportation and shall deliver the liquid industrial by-product only to the designated facility specified by the generator.
(2) The liquid industrial by-product transporter shall retain all records required under this part for at least 3 years, and shall make those records readily available for review and inspection by the department or a peace officer. The retention period required in this subsection is automatically extended during the course of any unresolved enforcement action regarding an activity regulated under this part or as required by the department. Records required under this part may be retained in electronic format.
(3) The department may authorize, for certain liquid industrial by-product streams, the use of a consolidated shipping document as authorized under section 12103(1)(d). If a consolidated shipping document is authorized by the department and utilized by a generator, the transporter shall give to the generator a receipt documenting the transporter's company name, the driver's signature, the date of pickup, the type and quantity of by-product removed, the consolidated shipping document number, and the designated facility.
(4) A transporter shall obtain a site identification number assigned by the United States Environmental Protection Agency or the department. Until October 1, 2021, the department shall assess a site identification number user charge of $50.00 for each site identification number it issues. The department shall not issue a site identification number under this subsection unless the site identification number user charge and the tax identification number for the person applying for the site identification number have been received. Money collected under this subsection shall be forwarded to the state treasurer for deposit into the environmental pollution prevention fund created in section 11130.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998 ;-- Am. 2001, Act 165, Imd. Eff. Nov. 7, 2001 ;-- Am. 2007, Act 75, Imd. Eff. Sept. 30, 2007 ;-- Am. 2011, Act 90, Imd. Eff. July 15, 2011 ;-- Am. 2013, Act 73, Eff. Oct. 1, 2013 ;-- Am. 2014, Act 286, Imd. Eff. Sept. 23, 2014 ;-- Am. 2015, Act 224, Eff. Mar. 16, 2016 ;-- Am. 2017, Act 90, Imd. Eff. July 12, 2017
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12110 - Repealed. 1998, Act 140, Eff. Sept. 1, 1998.

324.12110 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Compiler's Notes:
The repealed section pertained to proof of financial responsibility.
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12111 - Incidents Threatening Public Health, Safety, and Welfare, or Environment; Duties of Generator, Transporter, or Owner or Operator of Facility; Exemptions.

324.12111 Incidents threatening public health, safety, and welfare, or environment; duties of generator, transporter, or owner or operator of facility; exemptions.
Sec. 12111.
(1) If a fire, explosion, or discharge of liquid industrial by-product occurs that could threaten the public health, safety, and welfare, or the environment, or when a generator, transporter, or owner or operator of a designated facility first has knowledge that a spill of by-product has reached surface water or groundwater, the generator, transporter, or owner or operator of the designated facility shall take appropriate immediate action to protect the public health, safety, and welfare, and the environment, including notification of local authorities and the pollution emergency alerting system using the telephone number 800-292-4706, unless the incident is reported to this state under another state law.
(2) The generator, transporter, or owner or operator of a designated facility shall, within 30 days, prepare and maintain as part of his or her records a written report documenting the incident described in subsection (1) and the response action taken, including any supporting analytical data and cleanup activities. The report shall be provided to the department upon request. Both the initial notification, as appropriate, and the report shall include all of the following information:
(a) The name and telephone number of the person reporting the incident.
(b) The name, address, and telephone number of the generator, transporter, or designated facility, and the site identification number of the transporter or designated facility.
(c) The date, time, and type of incident.
(d) The name and quantity of liquid industrial by-product involved and discharged.
(e) The extent of injuries, if any.
(f) The estimated quantity and disposition of recovered materials that resulted from the incident, if any.
(g) An assessment of actual or potential hazards to human health or the environment.
(h) The response action taken.
(3) Incidents occurring in connection with activities regulated under part 615 or the rules, orders, or instructions under that part or regulated under part C of title XIV of the public health service act, 42 USC 300h to 300h-8, or the regulations promulgated under that act are exempt from the requirements of this section.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2008, Act 8, Imd. Eff. Feb. 20, 2008 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12113 - Treatment, Storage, or Disposal of Liquid Industrial By-Product; Requirements.

324.12113 Treatment, storage, or disposal of liquid industrial by-product; requirements.
Sec. 12113.
(1) Storage of liquid industrial by-product, whether at the location of generation, under the control of the transporter, or at the designated facility, shall be protected from weather, fire, physical damage, and vandals. All vehicles, containers, and tanks used to hold by-product shall be closed or covered, except when necessary to add or remove by-product, or otherwise managed in accordance with applicable state laws, to prevent the escape of by-product. The exterior of all vehicles, containers, and tanks used to hold by-product shall be kept free of by-product and its residue.
(2) Except as otherwise authorized pursuant to this section or other applicable statutes or rules or orders of the department, liquid industrial by-product shall be managed to prevent by-product from being discharged into the soil, surface water or groundwater, or a drain or sewer, or discharged in violation of part 55.
(3) A person shall treat, store, and dispose of liquid industrial by-product in accordance with all applicable statutes and rules and orders of the department.
(4) This part does not prohibit a publicly owned treatment works from accepting liquid industrial by-product from the premises of a person, and does not prohibit a person from engaging, employing, or contracting with a publicly owned treatment works. However, a publicly owned treatment works that receives by-product by means of transportation is a designated facility and shall comply with section 12112.
(5) A person shall not treat, store, or dispose of liquid industrial by-product in a surface impoundment, unless the surface impoundment has a discharge or storage permit authorized under part 31 or, in the case of leachate, is authorized in a permit issued under part 115.
(6) Activities regulated under part 615 or the rules, orders, or instructions under that part or regulated under part C of title XIV of the public health service act, 42 USC 300h to 300h-8, or the regulations promulgated under that act, are exempt from the requirements of this section.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2008, Act 8, Imd. Eff. Feb. 20, 2008 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12114 - Violations; Probable Cause; Powers of Department or Peace Officer; Court Costs and Other Expenses; Obtaining Samples for Purposes of Enforcing or Administering Part.

324.12114 Violations; probable cause; powers of department or peace officer; court costs and other expenses; obtaining samples for purposes of enforcing or administering part.
Sec. 12114.
(1) If the department or a peace officer has probable cause to believe that a person is violating this part, the department or a peace officer may search without a warrant a vehicle or equipment that is possessed, used, or operated by that person. The department or a peace officer may seize a vehicle, equipment, or other property used or operated in a manner or for a purpose in violation of this part. A vehicle, equipment, or other property used in violation of this part is subject to seizure and forfeiture as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.
(2) The court may award court costs and other expenses of litigation including attorney fees to a party who successfully brings an action under this section.
(3) The department or a peace officer may enter at reasonable times any generator, transporter, or designated facility or other place where liquid industrial by-products are or have been generated, stored, treated, or disposed of, or transported from and may inspect the facility or other place and obtain samples of the by-products and samples of the containers or labeling of the by-products for the purposes of enforcing or administering this part.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12115 - Civil Action; Damages; Court Costs and Other Expenses.

324.12115 Civil action; damages; court costs and other expenses.
Sec. 12115.
(1) The attorney general may commence a civil action against a person in a court of competent jurisdiction for appropriate relief, including injunctive relief for a violation of this part, or a registration or permit issued pursuant to this part. The court has jurisdiction to restrain the violation and to require compliance. In addition to any other relief granted under this section, the court may impose a civil fine of not more than $10,000.00 for each instance of violation and, if the violation is continuous, for each day of continued noncompliance. A fine collected under this subsection shall be deposited in the general fund.
(2) The attorney general or a person may bring a civil action in a court of competent jurisdiction to recover the full value of the damage done to the natural resources that are damaged or destroyed and the costs of surveillance and enforcement by the state as a result of a violation of this part. The damages and costs collected under this section shall be deposited in the general fund. However, if the damages result from the impairment or destruction of the fish, wildlife, or other natural resources of the state, the damages shall be deposited in the game and fish protection account of the Michigan conservation and recreation legacy fund provided in section 2010. The attorney general may, in addition, recover expenses incurred by the department to address and remedy a violation of this part that the department reasonably considered an imminent and substantial threat to the public health, safety, or welfare, or to the environment.
(3) The court may award court costs and other expenses of litigation including attorney fees to a party who successfully brings an action pursuant to this section or to a person who successfully defends against an action brought under this section that the court determines is frivolous.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 587, Eff. Dec. 23, 2006 ;-- Am. 2015, Act 224, Eff. Mar. 16, 2016
Compiler's Notes:
Enacting section 2 of Act 587 of 2004 provides:"Enacting section 2. This amendatory act does not take effect unless House Joint Resolution Z of the 92nd Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963."
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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12116 - Violations; Penalties.

324.12116 Violations; penalties.
Sec. 12116.
(1) A person that violates section 12105(c), 12107(2) or (3), 12109(4), or 12112(1)(b) is guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not less than $200.00 and not more than $500.00, or both. A peace officer may issue an appearance ticket to a person who is in violation of section 12105(c), 12107(2) or (3), 12109(4), or 12112(1)(b).
(2) A person that knowingly makes or causes to be made a false statement or entry in a registration or permit application or a shipping document under this part is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(3) A person that violates this part or a registration or permit issued under this part, except as provided in subsections (1) and (2), is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not less than $1,000.00 or more than $2,500.00, or both.
(4) Each day that a violation continues constitutes a separate violation.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12117 - Liquid Industrial By-Product Transporter Account.

324.12117 Liquid industrial by-product transporter account.
Sec. 12117.
(1) The liquid industrial by-product transporter account is created within the environmental pollution prevention fund, which is created in section 11130.
(2) The state treasurer may receive money or other assets from any source for deposit into the account. The state treasurer shall direct the investment of the account. The state treasurer shall credit to the account interest and earnings from account investments.
(3) Money remaining in the account at the close of the fiscal year shall not lapse to the general fund.
(4) The department shall expend money from the account, upon appropriation, for the implementation of this part. In addition, funds not expended from the account for the implementation of this part may be utilized for emergency response and cleanup activities related to liquid industrial by-product that are initiated by the department.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- 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-3-121 - Part 121 Liquid Industrial By-Products (324.12101...324.12118) › Section 324.12118 - Repealed. 1998, Act 140, Eff. Sept. 1, 1998.

324.12118 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Compiler's Notes:
The repealed section pertained to persons holding license on effective date of part.
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-4 - Chapter 4 Pollution Prevention (324.14301...324.14810) › 451-1994-II-4-143 - Part 143 Waste Minimization (324.14301...324.14306) › Section 324.14301 - Definitions.

324.14301 Definitions.
Sec. 14301.
As used in this part:
(a) "Department" means the department of environmental quality.
(b) "Environmental wastes" means all environmental pollutants, wastes, discharges, and emissions, regardless of how they are regulated and regardless of whether they are released to the general environment or the workplace environment.
(c) "Pollution prevention" means all of the following:
(i) "Source reduction" as defined in the pollution prevention act of 1990, subtitle G of title VI of the omnibus budget reconciliation act of 1990, Public Law 101-508, 42 U.S.C. 13101 to 13109.
(ii) "Pollution prevention" as described in the United States environmental protection agency's pollution prevention statement dated June 15, 1993.
(iii) Environmentally sound on-site or off-site reuse or recycling.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 289, Imd. Eff. July 27, 1998
Popular Name:
Act 451
Popular Name:
NREPA