SB-0959, As Passed Senate, September 10, 2014

SENATE BILL No. 959

(as amended August 27, 2014)

May 27, 2014, Introduced by Senator KAHN and referred to the Committee on Appropriations.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 12103, 12109, and 12112 (MCL 324.12103,

324.12109, and 324.12112), as amended by 2013 PA 73.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 12103. (1) A generator shall do all of the following:

(a) Characterize the waste in accordance with section 12101(n)

and the requirements of part 111 and rules promulgated under that

part, and maintain records of the characterization.

(b) Obtain and utilize, when needed for transportation, a site

identification number. [Until October 1, ~~2014,~~ 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.

generator's own waste, 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 for each shipment of liquid industrial

waste transported to a designated facility. The department may

authorize the use of a consolidated manifest for a single shipment

of uniform types of waste collected from multiple waste pickups. If

a consolidated manifest 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 accepted from the generator, the consolidated manifest

number, and the designated facility. A generator of brine may

complete a single manifest 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.

(f) When the transporter picks up liquid industrial waste,

certify that the information contained on the manifest is factual

by signing the manifest. This certification shall be by the

generator or his or her authorized representative.

(g) Provide to the transporter the signed copies of the

manifest to accompany the liquid industrial waste 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.

(2) A generator who operates an on-site reclamation facility,

treatment facility, or disposal facility shall keep records of all

liquid waste produced and reclaimed, treated, or disposed of at ~~his~~

~~or her~~ 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.

(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.

part of the generator records under subsection (3).

Sec. 12109. (1) A liquid industrial waste transporter shall

certify acceptance of waste for transportation by completing the

transporter section of the manifest, and shall deliver the liquid

industrial waste and accompanying manifest only to the designated

facility specified by the generator on the manifest.

(2) The liquid industrial waste transporter shall retain all

records required ~~pursuant to~~ under this part for a period of at

least 3 years, and shall make those records readily available for

Senate Bill No. 959 as amended August 27, 2014

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.

(3) The department may authorize, for certain waste streams,

the use of a consolidated manifest as authorized under section

12103(1)(d). If a consolidated manifest 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 removed, the consolidated manifest 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 ~~, at a minimum,~~ for the current shipment in

transportation and retain these records as specified in subsection

(2).

by the United States environmental protection agency or the

department. [Until October 1, ~~2014,~~ 2017, the ] department shall

assess

a site identification number user charge of $50.00 for each site

Senate Bill No. 959 as amended August 27, 2014

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.

Sec. 12112. (1) Except as provided in section 12103(4), the

owner or operator of a facility that accepts liquid industrial

waste shall accept delivery of waste 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. 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 or the

department. [Until October 1, ~~2014,~~ 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 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.

(d) Maintain records of the characterization of the waste.

Characterization shall be in accordance with the requirements of

part 111.

(2) All storage, treatment, and reclamation of liquid

industrial waste 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 for longer than 1 year unless the

liquid industrial waste 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 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 all records required pursuant to this part for a period of

at least 3 years and shall make those records readily available for