Bill Text: MI SB0400 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Environmental protection; hazardous waste; liquid industrial waste programs; modify. Amends heading of pt. 121 & secs. 11704, 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116 & 12117 of 1994 PA 451 (MCL 324.11704 et seq.). TIE BAR WITH: SB 0401'15, SB 0402'15
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-12-18 - Assigned Pa 0224'15 With Immediate Effect [SB0400 Detail]
Download: Michigan-2015-SB0400-Introduced.html
SENATE BILL No. 400
June 16, 2015, Introduced by Senator SCHMIDT and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of part 121 and sections 12101, 12102,
12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114,
12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a,
324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112,
324.12113, 324.12114, 324.12115, 324.12116, and 324.12117),
sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by
2008 PA 8, section 12102a as amended by 2008 PA 153, sections
12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114
and 12116 as amended by 1998 PA 140, and section 12115 as amended
by 2004 PA 587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 121
LIQUID INDUSTRIAL WASTESBY-PRODUCTS
Sec. 12101. As used in this part:
(a) "Biofuel" means any renewable liquid or gas fuel offered
for sale as a fuel that is derived from recently living organisms
or their metabolic by-products and meets applicable quality
standards, including, but not limited to, ethanol, ethanol-blended
fuel, biodiesel, and biodiesel blends.
(b) "Biogas" means a biofuel that is a gas.
(c) "Brine" means a liquid produced as a by-product of oil or
natural gas production or exploration.
(d) "Container" means any portable device in which a liquid
industrial
waste by-product is stored, transported, treated, or
otherwise handled.
(e) "Department" means the department of environmental
quality.
(f) "Designated facility" means a treatment facility, storage
facility, disposal facility, or reclamation facility that receives
liquid
industrial waste by-product
from off-site.
(g) "Director" means the director of the department.
(h) "Discarded" means any of the following:
(i) Abandoned by being disposed of, burned, or incinerated; or
accumulated, stored, or treated before, or instead of, being
abandoned.
(ii) Accumulated, stored, or treated before being managed in 1
of the following ways:
(A) By being used or reused in a manner constituting disposal
by being applied to or placed on land or by being used to produce
products that are applied to or placed on land.
(B) By being burned to recover energy or used to produce a
fuel.
(C) By reclamation.
(i) "Discharge" means the accidental or intentional spilling,
leaking, pumping, releasing, pouring, emitting, emptying, or
dumping
of liquid industrial waste by-product
into the land, air,
or water.
(j) "Disposal" means the abandonment, discharge, deposit,
injection, dumping, spilling, leaking, or placing of a liquid
industrial
waste by-product into or on land or water in such a
manner
that the liquid industrial waste by-product may enter the
environment, or be emitted into the air, or discharged into surface
water or groundwater.
(k) "Disposal facility" means a facility or a part of a
facility
at which liquid industrial waste by-product is disposed.
(l) "Facility" means all contiguous land and structures, other
appurtenances, and improvements on land for treating, storing,
disposing
of, or reclamation of liquid industrial waste. by-
product.
(m) "Generator" means a person whose act or process produces
liquid
industrial waste.by-product.
(n)
"Liquid industrial waste" by-product" or "by-product"
means
any brine, by-product, industrial wastewater, leachate, off-
specification
commercial chemical product, sludge, sanitary sewer
clean-out
residue, storm sewer clean-out residue, grease trap
clean-out
residue, spill residue, used oil, or other liquid waste
material that is produced by, is incident to, or results from
industrial, commercial, or governmental activity or any other
activity or enterprise, that is determined to be liquid by method
9095 (paint filter liquids test) as described in "Test methods for
evaluating solid wastes, physical/chemical methods," United States
environmental
protection agency Environmental
Protection Agency
publication
no. SW-846, and which that
is discarded. Liquid
industrial
waste by-product does not include any of the following:
(i) Hazardous waste regulated and required to be manifested
under part 111.
(ii) Septage waste regulated under part 117.
(iii) Medical waste regulated under part 138 of the public
health
code, 1978 PA 368, MCL 333.13801 to 333.13831.333.13832.
(iv) A discharge to the waters of the state in accordance with
a permit, order, or rule under part 31.
(v) A liquid generated by a household.
(vi) A liquid regulated under 1982 PA 239, MCL 287.651 to
287.683.
(vii) Material managed in accordance with section 12102a.
Sec. 12102. As used in this part:
(a)
"Manifest" means either of the following:
(i) A form and instructions approved by the department
used
for
identifying the quantity, composition, origin, routing, or
destination
of liquid industrial waste during its transportation
from
the point of generation to the point of disposal, treatment,
storage,
or reclamation.
(ii) For shipments of liquid industrial waste that are
not
generated
or transported to a disposal facility, treatment
facility,
storage facility, or reclamation facility in this state,
a
United States environmental protection agency form number 8700-22
and
8700-22A, or its successor.
(a) (b)
"On-site" means on the
same geographically contiguous
property, which may be divided by a public or private right-of-way
if access is by crossing rather than going along the right-of-way.
On-site includes noncontiguous pieces of property owned by the same
person but connected by a right-of-way which the owner controls and
to which the public does not have access.
(b) (c)
"Peace officer" means any
law enforcement officer who
is trained and certified pursuant to the commission on law
enforcement standards act, 1965 PA 203, MCL 28.601 to 28.616, or an
officer appointed by the director of the department of state police
pursuant to section 6d of 1935 PA 59, MCL 28.6d.
(c) (d)
"Publicly owned treatment
works" means any entity that
treats
municipal sewage or industrial waste of a liquid nature or
liquid industrial by-product that is owned by the state or a
municipality, as that term is defined in 33 USC 1362. Publicly
owned treatment works include sewers, pipes, or other conveyances
only if they convey wastewater to a publicly owned treatment works
providing treatment.
(d) (e)
"Reclamation" means
either processing to recover a
usable product or regeneration.
(e) (f)
"Reclamation facility"
means a facility or part of a
facility
where liquid industrial waste by-product
reclamation is
conducted.
(f) "Shipping document" means a log, an invoice, a bill of
lading, or other record, in either written or electronic form, that
includes all of the following information:
(i) The name and address of the generator.
(ii) The name of the transporter.
(iii) The type and volume of liquid industrial by-product in
the shipment.
(iv) The date the by-product was shipped off-site from the
generator.
(v) The name, address, and site identification number of the
designated facility.
(g) "Site identification number" means a number that is
assigned
by the United States environmental protection agency
Environmental
Protection Agency or the department to
a generator,
transporter,
or facility. The department may assign a number to a
person
or a facility to cover multiple unstaffed sites that
generate
uniform types of liquid industrial waste.
(h) "Storage" means the containment of liquid industrial
waste,
by-product, on a temporary basis, in a manner that does not
constitute
disposal of liquid industrial waste.the by-product.
(i) "Storage facility" means a facility or part of a facility
where
liquid industrial waste by-product
is stored.
(j) "Surface impoundment" means a treatment facility, storage
facility, or disposal facility or part of a treatment, storage, or
disposal facility that is either a natural topographic depression,
a human-made excavation, or a diked area formed primarily of
earthen materials. A surface impoundment may be lined with human-
made
materials designed to hold an accumulation of liquid waste or
waste
containing free liquids. industrial
by-product. Surface
impoundments include, but are not limited to, holding, storage,
settling, and aeration pits, ponds, and lagoons. Surface
impoundment does not include an injection well.
(k) "Tank" means a stationary device designed to contain an
accumulation
of liquid industrial waste by-product
that is
constructed primarily of nonearthen materials such as wood,
concrete, steel, or plastic to provide structural support.
(l) "Transportation" means the movement of liquid industrial
waste
by-product by air, rail, public or private roadway, or water.
(m) "Transporter" means a person engaged in the off-site
transportation
of liquid industrial waste by-product
by air, rail,
public roadway, or water.
(n) "Treatment" means any method, technique, or process,
including neutralization, designed to change the physical,
chemical, or biological character or composition of any liquid
industrial
waste, by-product, to neutralize the waste, by-product,
or
to render the waste by-product
safer to transport, store, or
dispose of, amenable to recovery, amenable to storage, or reduced
in volume.
(o) "Treatment facility" means a facility or part of a
facility
at which liquid industrial waste by-product undergoes
treatment.
(p) "Used oil" means any oil that has been refined from crude
oil, or any synthetic oil, that has been used and that, as a result
of the use, is contaminated by physical or chemical impurities.
(q) "Vehicle" means a transport vehicle as defined by 49 CFR
171.8.
Sec. 12102a. The following materials are not liquid industrial
wastes
by-products when managed as specified:
(a) A material that is used or reused as an effective
substitute for commercial products, used or reused as an ingredient
to make a product, or returned to the original process, if the
material does not require reclamation prior to use or reuse, is not
directly burned to recover energy or used to produce a fuel, and is
not applied to the land or used in products applied to the land.
(b) A used oil that is directly burned to recover energy or
used to produce a fuel if all of the following requirements are
met:
(i) The material meets the used oil specifications of R
299.9809(1)(f) of the Michigan administrative code.
(ii) The material contains no greater than 2 ppm
polychlorinated biphenyls.
(iii) The material has a minimum energy content of 17,000
BTU/lb.
(iv) The material is expressly authorized as a used oil fuel
source, regulated under part 55, or, in another state, regulated
under a similar air pollution control authority.
(c) A liquid fully contained inside a manufactured article,
until the liquid is removed or the manufactured equipment is
discarded, at which point it becomes subject to this part.
(d)
A liquid waste by-product sample transported for testing
to determine its characteristics or composition. The sample becomes
subject to this part when discarded.
(e) A liquid that is not regulated under part 615 that is
generated in the drilling, operation, maintenance, or closure of a
well, or other drilling operation, including the installation of
cathodic protection or directional drilling, if either of the
following applies:
(i) The liquid is left in place at the point of generation in
compliance with part 31, 201, or 213.
(ii) The liquid is transported off-site from a location that
is not a known facility as defined in section 20101, and all of the
following occur:
(A) The disposal complies with applicable provisions of part
31 or 115.
(B) The disposal is not to a surface water.
(C) The landowner of the disposal site has authorized the
disposal.
(f) A liquid vegetable or animal fat oil that is transported
directly to a producer of biofuels for the purpose of converting
the oil to biofuel.
(g) An off-specification fuel, including a gasoline
blendstock, that was generated in a pipeline as the interface
material from the mixture of 2 adjacent fuel products and that will
be processed, by blending or by distillation or other refining, to
produce a fuel product or fuel products.
(h) An off-specification fuel, including a gasoline
blendstock, that resulted from the commingling of off-specification
fuel products or from phase separation in a gasoline and alcohol
blend and that will be processed, by distillation or other
refining, to produce fuel products.
(i) An off-specification fuel product transported directly to
a distillation or refining facility to produce a fuel product or
fuel products regulated pursuant to 40 CFR part 80.
(j) A liquid or a sludge and associated liquid authorized to
be applied to land under part 31 or 115.
(k) A liquid residue remaining in a container after pouring,
pumping, aspirating, or another practice commonly employed to
remove liquids has been utilized, if not more than 1 inch of
residue remains on the bottom, or, for containers less than or
equal to 110 gallons in size, not more than 3% by weight of residue
remains in the container, or, for containers greater than 110
gallons in size, not more than 0.3% by weight of residue remains in
the container. The liquid residue becomes subject to this part when
discarded.
(l) A residual amount of liquid remaining in a container and
generated as a result of transportation of a solid waste in that
container.
(m) A liquid brine authorized for use as dust and ice control
regulated under parts 31 and 615.
(n) Food processing residuals as defined in section 11503, or
site-separated material or source-separated material approved by
the department under part 115, that, to produce biogas, will be
decomposed in a controlled manner under anaerobic conditions using
a closed system that complies with part 55.
(o) A liquid approved by the director for use as a biofuel in
energy production in compliance with part 55 that is not
speculatively accumulated and that is transported directly to the
burner of the biofuel.
Sec. 12103. (1) A generator shall do all of the following:
(a)
Characterize the waste liquid
industrial by-product in
accordance
with section 12101(n) and the requirements of part 111
and
rules promulgated under that part, this
act and maintain
records of the characterization.
(b)
Obtain and utilize, when needed for transportation, a site
identification
number. Until October 1, 2017, 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 subdivision 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
subdivision shall be forwarded to the state treasurer for
deposit
into the environmental pollution prevention fund created in
section
11130.Maintain labeling or
marking on containers and tanks
of liquid industrial by-product to identify their contents.
(c)
If transporting liquid industrial waste, by-product, other
than
the generator's own waste, by-product,
by public roadway,
engage, employ, or contract for the transportation only with a
transporter registered and permitted under the hazardous materials
transportation act, 1998 PA 138, MCL 29.471 to 29.480.
(d) Except as otherwise provided in this part, utilize and
retain
a separate manifest shipping
document for each shipment of
liquid
industrial waste by-product
transported to a designated
facility. The department may authorize the use of a consolidated
manifest
shipping document for a single shipment of uniform types
of
waste by-product collected from multiple waste by-product
pickups.
If a consolidated manifest shipping
document is authorized
by the department and utilized by a generator, a receipt shall be
obtained from the transporter documenting the transporter's company
name, the driver's signature, the date of pickup, the type and
quantity
of waste by-product accepted from the generator, the
consolidated
manifest shipping document
number, and the designated
facility.
A generator of brine may complete a single manifest
shipping document per transporter of brine, per disposal well, each
month.
(e)
Submit a copy of the manifest to the department by the
tenth
day after the end of the month in which a load of waste is
transported.
(e) (f)
When Certify that, when the transporter picks up
liquid
industrial waste, certify by-product,
the liquid industrial
by-product is fully and accurately described on the shipping paper
and in proper condition for transport and that the information
contained
on the manifest shipping
document is factual. by
signing
the
manifest. This certification shall
be by the generator or his
or her authorized representative.
(f) (g)
Provide to the transporter the
signed copies a copy of
the
manifest shipping document
to accompany the liquid industrial
waste
by-product to the designated facility.
(h)
If a copy of the manifest, with a handwritten signature of
the
owner or operator of the designated facility or his or her
authorized
representative, is not received within 35 days after the
date
the waste was accepted by the initial transporter, contact the
transporter
or owner or operator of the designated facility, or
both,
to determine the status of the waste.
(i)
Submit an exception report to the department if a copy of
the
manifest is not received with the handwritten signature of the
owner
or operator of the designated facility or his or her
authorized
representative within 45 days after the date the waste
was
accepted by the initial transporter. The exception report shall
include
both of the following:
(i) A legible copy of the manifest for which the
generator
does
not have confirmation of delivery.
(ii) A cover letter signed by the generator explaining
the
efforts
taken to locate the waste and the results of those efforts.
(g) If the generator does not receive confirmation of
acceptance of the liquid industrial by-product by the designated
facility, attempt to obtain confirmation by contacting the
designated facility and the transporter. If resolution cannot be
achieved after contacting the designated facility and transporter,
the generator shall notify the department.
(2)
A generator who that transports
its own liquid industrial
by-product or operates an on-site reclamation facility, treatment
facility,
or disposal facility shall keep records of all liquid
waste
by-product produced and transported, reclaimed,
treated, or
disposed of at the facility.
(3) A generator shall retain all records required pursuant to
this part for a period of 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 by
this subsection is automatically extended during the course of any
unresolved enforcement action regarding the regulated activity or
as otherwise required by the department. Records required under
this part may be retained in electronic format.
(4)
A generator transporting its own waste in quantities of 55
gallons
or less is not subject to manifest requirements if all of
the
following conditions are met:
(a)
The waste is accompanied by a record showing the source
and
quantity of the waste and the designated facility to which the
waste
is being transported.
(b)
The generator obtains a signature from the designated
facility
acknowledging receipt of the waste and provides a copy of
the
record of shipment to the designated facility.
(c)
The generator retains a copy of the record of shipment as
part
of the generator records under subsection (3).
Sec.
12105. (1) 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. shall
be
met.
(b)
Septage waste or liquid industrial waste 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)
All waste, including septage waste, transported in a
vehicle
managed under part 117 and this part, shall be manifested
pursuant
to the requirements of sections 12103, 12109, and 12112.
(c) (d)
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 used to transport septage
waste or liquid industrial by-product under part 117 and this part.
(2)
A generator, subject to the reporting requirements under
part
C of title XIV of the public health service act, 42 USC 300h
to
300h-8, and regulations promulgated under that act, who
transports
brine, generated on property he or she owns or holds an
interest
in, to the generator's own disposal well is exempt from
the
provisions of this part regarding manifests.
Sec. 12107. (1) A vehicle used to transport liquid industrial
waste
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
waste by-product shall be closed or covered to prevent
the
escape of liquid industrial waste. by-product. The outside of
all vehicles, containers, and accessory equipment shall be kept
free
of liquid industrial waste 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 waste
by-product shall be cleaned and decontaminated before the transport
of
any products, incompatible waste, by-product, hazardous waste
regulated under part 111, or other material. Before the transport
of
liquid industrial waste, 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 waste, 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.
Sec.
12109. (1) A liquid industrial waste by-product
transporter
shall certify confirm acceptance of waste by-product
for
transportation by completing the transporter section of the
manifest,
and shall deliver the liquid
industrial waste and
accompanying
manifest by-product only to the designated facility
specified
by the generator. on the manifest.
(2)
The liquid industrial waste by-product
transporter shall
retain all records required under this part for a period of 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 waste liquid
industrial
by-product streams, the use of a
consolidated manifest
shipping document as authorized under section 12103(1)(d). If a
consolidated
manifest 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 waste by-product removed, the consolidated manifest
shipping document number, and the designated facility.
(4)
A transporter shall maintain a trip log for consolidated
manifest
shipments and for brine shipments. The transporter shall
do
all of the following:
(a)
Identify on the trip log the consolidated manifest number,
the
generator, the date of pickup, the type and quantity of waste,
and
the designated facility location for each shipment of waste.
(b)
Keep a copy of all trip logs available during
transportation
for the current shipment in transportation and
retain
these records as specified in subsection (2).
(c)
Obtain and utilize obtain a site identification number
assigned
by the United States environmental protection agency
Environmental Protection Agency or the department. Until October 1,
2017, 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
subdivision
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 subdivision subsection
shall be forwarded to
the state treasurer for deposit into the environmental pollution
prevention fund created in section 11130.
Sec. 12111. (1) If a fire, explosion, or discharge of liquid
industrial
waste 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 , and
identification
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 waste 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.
Sec.
12112. (1) Except as provided in section 12103(4), the
The owner or operator of a facility that accepts liquid industrial
waste
by-product shall accept delivery of waste by-product at the
designated
facility only if delivery is accompanied by a manifest
or
consolidated manifest properly certified by the generator and
the
transporter and the facility is the
destination indicated on
the
manifest. shipping
document. The facility owner or
operator
shall do all of the following:
(a)
Obtain and utilize a site identification number assigned
by
the United States environmental protection agency Environmental
Protection Agency or the department. Until October 1, 2017, 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
subdivision 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 subdivision shall be forwarded to the state treasurer for
deposit into the environmental pollution prevention fund created in
section 11130.
(b)
Certify on the manifest Confirm
receipt of the liquid
industrial
waste by completing the facility section of the manifest
and
returning a signed copy of the manifest to the department
within
a period of 10 days after the end of the month for all
liquid
industrial waste received within the month.by-product and
provide confirmation of receipt to the generator or generator's
authorized representative.
(c)
Return a signed copy of the manifest to the generator.
(c) (d)
Maintain records of the
characterization of the waste.
liquid industrial by-product. Characterization shall be in
accordance
with the requirements of part 111.this act.
(2) All storage, treatment, and reclamation of liquid
industrial
waste by-product at the designated facility shall be in
either containers or tanks or as otherwise specified in section
12113(5). Storage, treatment, or reclamation regulated under part
615 or the rules, orders, or instructions promulgated 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 part are exempt from this subsection.
(3) The owner or operator of a designated facility shall not
store
liquid industrial waste by-product
for longer than 1 year
unless
the liquid industrial waste by-product
is being stored for
purposes of reclamation and not less than 75% of the cumulative
amount,
by weight or volume, of each type of liquid industrial
waste
by-product that is stored on site each calendar year is
reclaimed or transferred to a different site for reclamation during
that calendar year. The owner or operator of a designated facility
shall maintain documentation that demonstrates compliance with this
subsection.
(4) The owner or operator of a designated facility shall
retain
do all of the following:
(a) Retain all records required pursuant to this part for a
period of 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 by this subsection
subdivision is automatically extended during the course of any
unresolved enforcement action regarding the regulated activity or
as required by the department. Records required under this part may
be retained in electronic format.
(b) Maintain a plan designed to respond to and minimize
hazards to human health and the environment from unplanned releases
of liquid industrial by-product to air, soil, and surface water.
(c) Document that all employees who have a responsibility to
manage liquid industrial by-product are trained in the proper
handling and emergency procedures appropriate for their job duties.
(5) Except as provided in subsection (6), a designated
facility shall submit to the department by April 30 each year a
report describing its activities for the previous calendar year.
The department shall provide for a method of electronic reporting.
The report, at a minimum, shall include the following information:
(a) The name and address of the facility.
(b) The calendar year covered by the report.
(c) The types and quantities of liquid industrial by-product
accepted and a description of the manner in which the liquid
industrial by-product was processed or managed.
(6) A designated facility is not subject to the reporting
requirements of subsection (5) for a calendar year if, during that
calendar year, the designated facility received liquid industrial
by-products only from 1 generator and was owned, operated, or
legally controlled by that generator.
Sec.
12113. (1) Storage of liquid industrial waste, 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 liquid industrial
waste
by-product shall be closed or covered, except when necessary
to
add or remove waste, by-product,
or otherwise managed in
accordance with applicable state laws, to prevent the escape of
liquid
industrial waste. by-product.
The exterior of all vehicles,
containers,
and tanks used to hold liquid industrial waste by-
product
shall be kept free of liquid
industrial waste 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 waste by-product
shall be managed to prevent
liquid
industrial waste 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
waste by-product in accordance with all applicable
statutes and rules and orders of the department.
(4)
This part does not prevent prohibit
a publicly owned
treatment
works from accepting liquid industrial waste by-product
from
the premises of a person, and does not prevent prohibit a
person from engaging, employing, or contracting with a publicly
owned treatment works. However, a publicly owned treatment works
that
receives waste by-product by means of transportation is a
designated
facility and shall comply with the requirements of
section 12112.
(5) A person shall not treat, store, or dispose of liquid
industrial
waste 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.
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 peace officer may enter at reasonable
times any generator, transporter, or designated facility or other
place
where liquid industrial wastes 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
liquid
industrial wastes by-products
and samples of the containers
or
labeling of the wastes by-products
for the purposes of enforcing
or administering this part.
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)
(1) 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) (2)
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.
Sec.
12116. (1) A person who that
violates section 12103(1)(b)
or
(e), 12105(1)(d), 12105(c), 12107(2) or (3), 12109(4), or
12112(1)(b)
or (c) 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
12103(1)(b) or (e), 12105(1)(d), 12105(c), 12107(2) or (3),
12109(4),
or 12112(1)(b). or (c).
(2)
A person who that knowingly makes or causes to be made a
false
statement or entry in a license registration
or permit
application
or a manifest 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 who that violates this part or a license
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.
Sec. 12117. (1) The liquid industrial by-product transporter
waste
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 waste by-product
that are initiated by
the department.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 401.
(b) Senate Bill No. 402.
