reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13707 - Review and Recommendations; Conflicting Laws and Rules.

333.13707 Review and recommendations; conflicting laws and rules.
Sec. 13707.
(1) The department shall enter into negotiations with the federal government on behalf of this state for full agreements providing for the discontinuance of specified federal authority with regard to waste disposal, radioactive by-product, source and special nuclear material, or for other authority over radioactive materials or sources of ionizing radiation in this state and assumption of that authority by this state. The governor with the advice and consent of the senate may enter into 1 or more agreements with the federal government negotiated pursuant to this subsection.
(2) The department and the attorney general shall review this part and all applicable federal and state laws and rules pertaining to the authority, the disposal site, and to generators, carriers, collectors, and processors and shall submit written recommendations to the legislature and the governor regarding whether this state should require additional or more stringent regulations for generators, carriers, collectors, or processors to protect the public health, safety, and welfare, and the environment. In addition, the department and the attorney general shall submit written recommendations and the rationale supporting the recommendations to the legislature regarding whether this state should include naturally occurring or accelerator produced radioactive materials known as N.A.R.M. waste in the definition of waste that may be disposed of in the disposal site. The recommendation required in this subsection shall be submitted by April 1, 1988.
(3) If a portion of this part or a rule that is promulgated under this part conflicts with part 135 or with a rule that is promulgated under part 135 prior to the effective date of this part, this part and any rules promulgated under this part shall be given precedence unless a contrary legislative intent is evident.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
Admin Rule:
R 325.5001 et seq., R 325.5801 et seq., and R 325.5901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13710 - Minimum Criteria for Design, Construction, and Operation of Disposal Site.

333.13710 Minimum criteria for design, construction, and operation of disposal site.
Sec. 13710.
(1) The director, following consultation with the department of natural resources, shall establish minimum criteria for the design, construction, and operation of the disposal site. The minimum criteria shall reflect and shall be updated to include state-of-the-art technology in regard to disposal site design, construction, operation, and waste disposal technology. The criteria shall be developed and prepared in the form of specifications to be included in the construction and operating license issued to the authority pursuant to sections 13712 to 13714 and in any modification of that license. The criteria at a minimum shall comply with criteria adopted under the atomic energy act of 1954, 42 U.S.C. 2011 to 2296 and regulations pertaining to licensing requirements for land disposal of waste under 10 C.F.R. 61.1 to 61.81 and shall require that the isolation distance between the disposal unit and adjacent property lines be at least 3,000 feet.
(2) Shallow land burial shall not be permitted. Acceptable disposal technologies shall be limited to above and below ground canisters or above and below ground vaults, or both. The criteria shall also include provisions for monitoring at the disposal site and within the disposal unit and provisions for the recoverability of waste that has been disposed of in the disposal site.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 435, Imd. Eff. Jan. 6, 1995
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13711 - Licensing Requirements for Design, Construction, and Operation of Disposal Site.

333.13711 Licensing requirements for design, construction, and operation of disposal site.
Sec. 13711.
The licensing requirements for the design, construction, and operation of the disposal site shall be at least as stringent as all applicable federal design, construction, and operating requirements. The director, following consultation with the department of natural resources, shall establish requirements for the design, construction, and operation of the disposal site that reflect those practices that are necessary to protect the public health, safety, and welfare, and the environment, and that include at least all of the following:
(a) Requirements and performance standards for the operation of the disposal site.
(b) Requirements and standards for the keeping of records and the reporting and retaining of data collected by the authority.
(c) Requirements, training, and standards for the personnel who operate, monitor, and maintain the disposal site.
(d) Requirements and standards for the emergency closure of the disposal site.
(e) Requirements and standards for the postclosure observation and maintenance, and postclosure ownership, monitoring, maintenance, and use, if any, of the disposal site.
(f) Specifications regarding the amounts, sources, form, chemical, and physical composition, and concentrations of the waste that may be accepted at the disposal site.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13714 - Surety Bond, Secured Trust Fund, or Other Suitable Secured Instrument or Mechanism.

333.13714 Surety bond, secured trust fund, or other suitable secured instrument or mechanism.
Sec. 13714.
The authority shall file as a part of the application for a construction and operating license a surety bond, secured trust fund, or other suitable secured instrument or mechanism that shall be approved by the department and shall cover the cost of site closure and stabilization. In addition, the authority shall file a surety bond, secured trust fund, or other suitable secured instrument or mechanism that shall be approved by the department, and shall cover the cost of the postclosure observation and maintenance of the disposal site and institutional control. The authority may use a combination of bonds, instruments, mechanisms, or funds, as approved by the department, to satisfy the requirements of this section. The bond, instrument, mechanism, or fund, or combination of these methods of assurance, shall be in an amount equal to a reasonable estimate of the site closure and stabilization costs, based on the level of operations proposed in the application for the construction and operating license, and for institutional control. The bond, instrument, mechanism, or fund, or the combination of these methods of assurance, shall be adjusted periodically as determined by the department to account for inflation or changes in the permitted level of operation of the disposal site. A failure to maintain the bond, instrument, mechanism, or fund, or combination of these methods of assurance, constitutes a violation of this part.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13715 - Financial Responsibility.

333.13715 Financial responsibility.
Sec. 13715.
The authority, as part of the application for a construction and operating license, shall demonstrate financial responsibility through the establishment of a fully funded trust fund or a liability bond, or both, providing for bodily injury and property damage to third parties caused by sudden and accidental releases arising from operations of the disposal site. The authority shall obtain and maintain liability coverage for sudden and accidental releases in an amount of not less than $3,000,000.00 per occurrence with an annual aggregate of not less than $6,000,000.00, and additional coverage sufficient to meet anticipated legal defense costs.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13718 - Temporary or Permanent Closure of Disposal Site; Reopening.

333.13718 Temporary or permanent closure of disposal site; reopening.
Sec. 13718.
The director may issue an order temporarily or permanently closing the disposal site prior to its scheduled closing date if the director finds that there is a potential hazard to the public health, safety, or welfare or to the environment that justifies a temporary or permanent closure. A disposal site that is temporarily closed shall not receive waste and shall remain closed while remedial action is taken. Before authorizing the reopening of a temporarily closed disposal site, the department shall seek the advice of the local monitoring committee of the host site community and the department of natural resources, and shall provide a documented explanation of its reasons for authorizing the reopening.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13719 - Release of Waste or Hazardous Waste; Remedial Action; Site Closure and Stabilization; Cost.

333.13719 Release of waste or hazardous waste; remedial action; site closure and stabilization; cost.
Sec. 13719.
(1) If there has been a release of waste or hazardous waste at the disposal site during its operation, closure, or postclosure, the department shall assure that the authority takes appropriate remedial action.
(2) If there is a release that requires the disposal site to be closed permanently, the department shall insure that site closure and stabilization is complete and adequate and that the authority retains control of the disposal site through the period of institutional control. The cost of site closure and stabilization shall be paid from the low-level radioactive waste management fund.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13720 - Site Closure and Stabilization; Control; Cost; Rules; Surveillance and Maintenance of Disposal Site.

333.13720 Site closure and stabilization; control; cost; rules; surveillance and maintenance of disposal site.
Sec. 13720.
(1) Beginning on January 1, 2014, or prior to that date if the disposal site has been permanently closed for any reason, the authority shall begin site closure and stabilization. The department shall assure that site closure and stabilization is complete and adequate and that the authority retains control of the disposal site. The cost of site closure and stabilization shall be borne by the authority.
(2) The department shall promulgate rules pertaining to site closure and stabilization and the active surveillance and maintenance of the disposal site.
(3) After completing site closure and stabilization, the authority shall be required by the department to assure that surveillance and maintenance of the disposal site occurs in accordance with the requirements and conditions of the construction and operating license and with any rules promulgated under this part. The department shall assure that the authority retain control of the site through the period of institutional control.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13721 - Amendment to Construction and Operating License.

333.13721 Amendment to construction and operating license.
Sec. 13721.
If the authority proposes an amendment to the construction and operating license for the disposal site to conform to the requirements of this part and the rules promulgated under this part, or if the director determines that amendments are necessary to conform to the requirements of this part or the rules promulgated under this part, the director may amend the construction and operating license issued to the authority as necessary to protect the public health, safety, and welfare, and the environment. However, prior to authorizing an amendment to a construction and operating license, the director shall submit a proposed amendment to the department of natural resources for review and comment. The director shall submit the department of natural resources' comments and the director's response to those comments to the review board created in the low-level radioactive waste authority act, and to the local monitoring committees. An amendment to a construction and operating license shall specify the time required to complete any required modifications. The director may prescribe a fee to be paid by the authority from revenues collected by the disposal site that is sufficient to cover the department's administrative costs associated with the processing and modification of the construction and operating license. A construction and operating license issued under this part is subject to amendment, as provided in the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13722 - Manifest; Duties of Authority Accepting Waste at Disposal Site.

333.13722 Manifest; duties of authority accepting waste at disposal site.
Sec. 13722.
(1) The authority or any other person shall not accept delivery of waste unless the waste is accompanied by a manifest certified by each generator, carrier, processor, or collector who possessed the waste and who is authorized to possess waste under this part, and the location of acceptance is the destination indicated on the manifest.
(2) When the authority accepts waste at the disposal site, the authority shall do all of the following:
(a) Keep permanent records as required by the department.
(b) Compile an annual report pertaining to the operation of the disposal site, the volume and type of waste placed in the disposal unit, and any other information required by the department.
(c) Make manifest copies, certificates of disposal, and reports available for review and inspection at reasonable times by the department or a peace officer.
(d) Certify on the manifest receipt of the waste and furnish a copy of the manifest to the generator within 10 days after receipt of the waste.
(e) Within 30 days of receipt of waste, notify the generator whether the manifest was properly completed.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13728 - Manifest as Condition to Transporting of Waste by Carrier; Certification; Contents; Delivery; Retaining Copy of Manifest; Forwarding Copy of Manifest.

333.13728 Manifest as condition to transporting of waste by carrier; certification; contents; delivery; retaining copy of manifest; forwarding copy of manifest.
Sec. 13728.
(1) A carrier shall not transport waste unless each shipment of waste is accompanied by a manifest.
(2) A carrier shall certify on the manifest the receipt of waste for transportation, and shall specify on the manifest the number of containers of waste received and actually delivered and the corresponding identification numbers for each container of waste, and the carrier's identification number. The carrier shall deliver the waste and the manifest only to the destination specified on the manifest.
(3) A carrier shall retain a copy of each manifest for 3 years. The retention period required by this subsection shall be automatically extended during the course of an unresolved enforcement action regarding a regulated activity or as required by the director. The carrier shall forward a copy of the manifest to the authority within 10 days of its delivery to a processor, collector, or to the disposal site.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13730 - Manifest as Condition to Collector Accepting Delivery of Waste; Certification; Contents; Transfer; Retaining Copy of Manifest; Forwarding Copy of Manifest.

333.13730 Manifest as condition to collector accepting delivery of waste; certification; contents; transfer; retaining copy of manifest; forwarding copy of manifest.
Sec. 13730.
(1) A collector shall not accept the delivery of waste unless the waste is accompanied by a manifest.
(2) A collector shall certify on the manifest the receipt of waste and shall specify on the manifest the number of containers of waste received and actually delivered and the corresponding identification numbers for each container of waste, and the collector's identification number. The collector shall transfer the manifest with the waste to a carrier for transportation.
(3) The collector shall retain a copy of each manifest for 3 years. The retention period required by this subsection shall be automatically extended during the course of an unresolved enforcement action regarding the regulated activity or as required by the director.
(4) The collector shall forward a copy of the manifest to the authority within 10 days of transferring the waste to a carrier for transportation.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13732 - Manifest as Condition to Processor Accepting Delivery of Waste; Certification; Contents; Transportation of Waste; Forwarding Copy of Certified Manifest to Generator; Retaining Copy of Manifest; Preparation of Manifest; Compliance; Records; Packaging Waste; Labeling Containers.

333.13732 Manifest as condition to processor accepting delivery of waste; certification; contents; transportation of waste; forwarding copy of certified manifest to generator; retaining copy of manifest; preparation of manifest; compliance; records; packaging waste; labeling containers.
Sec. 13732.
(1) A processor shall not accept the delivery of waste unless the waste is accompanied by a manifest.
(2) A processor shall certify on the manifest the receipt of waste, the amount, and the type of waste received for processing, and shall include on the manifest the processor's identification number. A processor shall provide for the transportation of waste only by a person holding a carrier's permit authorized under this part.
(3) A processor shall forward a copy of the certified manifest to the generator within 10 days of receiving the waste. The processor shall retain a copy of each manifest for a period of 3 years. The retention period required by this subsection shall be automatically extended during the course of an unresolved enforcement action regarding the regulated activity or as required by the director.
(4) A processor shall prepare a manifest for each shipment of waste it transfers to a person holding a carrier's permit issued under this part. A processor shall comply with the requirements of section 13726(c) to (k).
(5) A processor shall maintain any records necessary to trace a generator's shipment from the point of receipt by the processor to the point of transfer to a carrier.
(6) A processor shall package waste in accordance with applicable federal requirements, this part, and any requirements under the low-level radioactive waste authority act.
(7) If a processor places waste in a different container than the container in which the generator places that waste, the processor shall label each new container of waste with the generator's identification number, an identification number that corresponds to the number listed on the manifest by the generator for that waste, the processor's identification number, and the identification number listed on the manifest by the processor for that repackaged waste.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13733 - Condition to Possession of Waste; Data as Public Information.

333.13733 Condition to possession of waste; data as public information.
Sec. 13733.
(1) A person shall not possess waste in this state without complying with the manifest requirements of this part.
(2) Data obtained from any person on a manifest required under this part is public information.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13734 - Implied Consent; Due Process Rights; Surety Bond, Secured Trust Fund, or Other Secured Instrument or Mechanism; Reimbursement of Costs Resulting From Violation; Conduct Constituting Violation.

333.13734 Implied consent; due process rights; surety bond, secured trust fund, or other secured instrument or mechanism; reimbursement of costs resulting from violation; conduct constituting violation.
Sec. 13734.
(1) A generator, carrier, processor, and a collector who holds a permit issued under this part or who holds a permit in a state that has been granted equivalent privileges in this state under section 13724 shall by utilizing the disposal site in this state be considered to have given implied consent to the duties and responsibilities imposed on that person under this part, rules promulgated under this part, and the low-level radioactive waste management act.
(2) Nothing in subsection (1) shall be construed to impact upon the due process rights, including any appellate rights, of a generator, carrier, processor, or a collector who gives implied consent as provided in subsection (1).
(3) A generator, carrier, processor, and collector who holds a permit issued under this part shall post a surety bond or present evidence of a secured trust fund or other suitable secured instrument or mechanism in an amount determined by the department. The bond, trust fund, or other instrument or mechanism shall be payable to the department and conditioned upon performance in accordance with the terms and conditions of the permit of the generator, carrier, collector, or processor. The bond, trust fund, or other instrument or mechanism shall provide that if the generator, carrier, processor, or collector violates the provisions of this part, any rules promulgated under this part, or any terms or conditions of a permit issued under this part, the department shall be reimbursed for the costs that are incurred as a result of the violation. The failure to maintain a surety bond, secured trust fund, or other suitable instrument or mechanism constitutes a violation of this part.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13735 - Notice of Release of Waste; Report.

333.13735 Notice of release of waste; report.
Sec. 13735.
A generator, carrier, processor, and collector shall be responsible for giving immediate oral notice to the department, the law enforcement agency and governing body of the municipality and county in which a release occurs, the local monitoring committee of the host site community, and the authority regarding any known release of waste in this state. Within 10 days after the release, a written report shall be submitted by the generator, carrier, processor, or collector to the department, the local monitoring committee, and the authority, which shall include all of the following information:
(a) The date, time, and location of the release.
(b) The cause, nature, and details of the release.
(c) The remedial actions, if any, taken to effectuate corrective measures and to mitigate the impact of the release.
(d) The measures to be taken to prevent the occurrence of future releases.
(e) Other information as may be required by the department.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13737 - Action to Restrain, Enjoin, Prevent, or Correct Violation; Rules Adopting Schedule of Monetary Civil Fines.

333.13737 Action to restrain, enjoin, prevent, or correct violation; rules adopting schedule of monetary civil fines.
Sec. 13737.
(1) Notwithstanding the existence and pursuit of any other remedy, the director, without posting a bond, may request the attorney general to bring an action in the name of the people of this state to restrain, enjoin, prevent, or correct a violation of this part, rules promulgated under this part, or a permit or license or order issued under this part.
(2) The department may promulgate rules to adopt a schedule of monetary civil fines in accordance with sections 2262 and 2263 to enforce this part.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13739 - Action for Injunction; Noncompliance by Department.

333.13739 Action for injunction; noncompliance by department.
Sec. 13739.
(1) A person may bring an action for an injunction against the director to compel the director to fulfill a requirement of this part.
(2) The failure of the department to comply with a requirement of this part that pertains to specified dates by which certain acts are to occur shall not invalidate an action taken by the department after the specified date if that action is otherwise in compliance with this part.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13740 - Disposition of Receipts From Civil Fines and Fees; Appropriations; Construction of Section; Expenditures Required as Result of Release.

333.13740 Disposition of receipts from civil fines and fees; appropriations; construction of section; expenditures required as result of release.
Sec. 13740.
(1) The department shall deposit all receipts from civil fines and fees collected pursuant to this part and from judgments, settlements, and any other payments collected pursuant to this part in the state treasury to the credit of the general fund.
(2) Funds credited to the general fund as required by this section shall be appropriated for the purposes provided in this section and if insufficient funds are available or appropriated from the general fund, the department may seek appropriations by the legislature from the low-level radioactive waste management fund for purposes authorized by this part, including, but not limited to, any of the following:
(a) Hiring personnel and any other operating and contingent expenses necessary for the proper administration of this part, to fulfill the state's obligations under the low-level radioactive waste policy act, Public Law 96-573, 42 U.S.C. 2021b to 2021d, and if this state is a member of a compact to assure adequate involvement by this state in any compact activities and responsibilities.
(b) Regulatory costs, including, but not limited to, the costs of promulgating and enforcing administrative rules if this state enters into an agreement with the United States nuclear regulatory commission as provided in section 13707.
(c) Contracting with any person or vendor for the purpose of carrying out this part and the rules promulgated under this part.
(d) Taking any actions necessary to protect the public health, safety, and welfare, and the environment from actual or threatened harm from activities regulated under this part.
(3) This section shall not be construed to limit the financial responsibilities of a person who holds a permit or license under this part, or establish or imply any liability on the part of the state.
(4) If expenditures are required as a result of a release or threatened release, the department, the attorney general on behalf of the department, the department of natural resources, and the authority shall seek to obtain funds from a responsible party including a surety bond, secured trust fund, or other instrument, mechanism, fund, or liability insurance held by that party.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 435, Imd. Eff. Jan. 6, 1995
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-137 - Part 137 (333.13701...333.13741) › Section 333.13741 - Lawful Activity Not Prohibited or Restricted.

333.13741 Lawful activity not prohibited or restricted.
Sec. 13741.
A municipality or county shall not prohibit or restrict a lawful activity regulated under this part.
History:
Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987
Compiler's Notes:
For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13801 - Short Title.

333.13801 Short title.
Sec. 13801.
This part shall be known and may be cited as the "medical waste regulatory act".
History:
Add. 1990, Act 18, Eff. May 31, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13803 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.13803 Meanings of words and phrases; general definitions and principles of construction.
Sec. 13803.
(1) For purposes of this part, the words and phrases defined in sections 13805 and 13807 have the meanings ascribed to them in those sections.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13805 - Definitions; a to M.

333.13805 Definitions; A to M.
Sec. 13805.
(1) "Advisory council" means the interdepartmental medical waste advisory council created in section 13827.
(2) "Autoclave" means to sterilize using superheated steam under pressure.
(3) "Decontamination" means rendering medical waste safe for routine handling as solid waste.
(4) "Fund" means the medical waste emergency response fund created in section 13829.
(5) "Health facility or agency" means that term as defined in section 20106.
(6) "Household" means a single detached dwelling unit or a single unit of a multiple dwelling.
(7) "Infectious agent" means a pathogen that is sufficiently virulent so that if a susceptible host is exposed to the pathogen in an adequate concentration and through a portal of entry, the result could be transmission of disease to a human.
(8) "Medical waste" means any of the following that are not generated from a household, a farm operation or other agricultural business, a home for the aged, or a home health care agency:
(a) Cultures and stocks of infectious agents and associated biologicals, including laboratory waste, biological production wastes, discarded live and attenuated vaccines, culture dishes, and related devices.
(b) Liquid human and animal waste, including blood and blood products and body fluids, but not including urine or materials stained with blood or body fluids.
(c) Pathological waste.
(d) Sharps.
(e) Contaminated wastes from animals that have been exposed to agents infectious to humans, these being primarily research animals.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13807 - Definitions; P to T.

333.13807 Definitions; P to T.
Sec. 13807.
(1) "Pathogen" means a microorganism that produces disease.
(2) "Pathological waste" means human organs, tissues, body parts other than teeth, products of conception, and fluids removed by trauma or during surgery, autopsy, or other medical procedure, and not fixed in formaldehyde. Pathological waste does not include a fetus or fetal body parts.
(3) "Point of generation" means the point at which medical waste leaves the producing facility site.
(4) "Producing facility" means a facility that generates, stores, decontaminates, or incinerates medical waste.
(5) "Products of conception" means any tissues or fluids, placenta, umbilical cord, or other uterine contents resulting from a pregnancy. Products of conception do not include a fetus or fetal body parts.
(6) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of medical waste into the environment in violation of this part.
(7) "Response activity" means an activity necessary to protect the public health, safety, welfare, and the environment, and includes, but is not limited to, evaluation, cleanup, removal, containment, isolation, treatment, monitoring, maintenance, replacement of water supplies, and temporary relocation of people.
(8) "Sharps" means needles, syringes, scalpels, and intravenous tubing with needles attached.
(9) "Storage" means the containment of medical waste in a manner that does not constitute disposal of the medical waste.
(10) "Transport" means the movement of medical waste from the point of generation to any intermediate point and finally to the point of treatment or disposal. Transport does not include the movement of medical waste from a health facility or agency to another health facility or agency for the purposes of testing and research.
History:
Add. 1990, Act 21, Eff. June 4, 1990 ;-- Am. 2012, Act 499, Eff. Mar. 31, 2013
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13809 - Producing Facility Not Incinerating Medical Waste on Site; Containment of Medical Waste.

333.13809 Producing facility not incinerating medical waste on site; containment of medical waste.
Sec. 13809.
A producing facility that does not incinerate medical waste on site shall do all of the following to contain medical waste:
(a) Package, contain, and locate medical waste in a manner that protects and prevents the medical waste from release at the producing facility or at any time before ultimate disposal.
(b) Separate the categories of medical waste at the point of origin into appropriate containers that are labelled as required under subdivision (c).
(c) Label the containers required under subdivision (b) with a biohazard symbol or the words "medical waste" or "pathological waste" in letters not less than 1 inch high.
(d) Not compact or mix medical waste with other waste materials before decontamination, incineration, and disposal.
(e) If decontaminated medical waste is mixed with other solid waste, clearly label the container to indicate that it contains decontaminated medical waste.
(f) Store medical waste in such a manner that prevents putrefaction and also prevents infectious agents from coming in contact with the air or with individuals.
(g) If medical waste is stored outside of the producing facility, store the medical waste in a secured area or locked in a container that weighs more than 500 pounds and prevent access to the area or container by vermin or unauthorized individuals.
(h) Not store medical waste on the premises of the producing facility for more than 90 days.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13810 - Producing Facility Incinerating Medical Waste on Site; Containment of Medical Waste.

333.13810 Producing facility incinerating medical waste on site; containment of medical waste.
Sec. 13810.
A producing facility that incinerates medical waste on site shall do all of the following to contain medical waste:
(a) Package, contain, and locate medical waste in a matter that protects and prevents the medical waste from release at the producing facility or at any time before ultimate disposal.
(b) Separate and dispose of sharps in the manner described in section 13811(d).
(c) Label the containers required under subdivision (a) with a biohazard symbol or the words "medical waste" or "pathological waste" in letters not less than 1 inch high.
(d) Not store medical waste on premises of the producing facility for more than 90 days.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Compiler's Notes:
In subdivision (a), the words “Package, contain, and locate medical waste in a matter” evidently should read “Package, contain, and locate medical waste in a manner.”
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 12 - Environmental Health (333.12101...333.13832) › 368-1978-12-138 - Part 138 Medical Waste (333.13801...333.13832) › Section 333.13811 - Storage, Decontamination, and Disposal of Medical Waste.

333.13811 Storage, decontamination, and disposal of medical waste.
Sec. 13811.
A producing facility shall store, decontaminate, and dispose of medical waste pursuant to the following:
(a) Cultures and stocks of material contaminated with an infectious agent shall be stored in closed, puncture-resistant containers, decontaminated by autoclaving or incineration, and disposed of in a sanitary landfill.
(b) Blood and blood products and body fluids shall be disposed of by 1 or more of the following methods:
(i) Flushing down a sanitary sewer.
(ii) Decontaminating by autoclaving or incineration.
(iii) Solidifying.
(iv) If not in liquid form, transferring to a sanitary landfill.
(v) A process approved by the department.
(c) Pathological waste shall be disposed of by 1 or more of the following methods:
(i) Incineration or cremation.
(ii) Grinding and flushing into a sanitary sewer.
(iii) Burial in a cemetery, if transported in leakproof containers of sufficient integrity to prevent rupture.
(iv) Grinding until rendered unrecognizable, stored in closed, puncture-resistant, properly labeled containers, and, if not in liquid form, disposed of in a sanitary landfill.
(v) A process approved by the department.
(d) Sharps shall be disposed of by 1 of the following methods:
(i) Placement in rigid, puncture-resistant containers that are appropriately labeled and transported to a sanitary landfill in a manner that retains the integrity of the container.
(ii) Incineration or decontamination and grinding that renders the objects unrecognizable. Ground sharps shall be placed in a sealed, rupture-resistant container and transported to a sanitary landfill.
(iii) A process approved by the department.
(e) Animal waste contaminated with organisms infectious to humans shall be disposed of by incineration or by burial in a sanitary landfill in properly labeled, double containers that are leakproof and puncture-resistant and are tightly sealed to prevent escape of fluids or material. Contaminated animal organs disposed of separately shall be rendered unrecognizable.
History:
Add. 1990, Act 21, Eff. June 4, 1990
Popular Name:
Act 368