SB-0400, As Passed Senate, December 9, 2015

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 400

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending the heading of part 121 and sections 11704, 12101,

 

12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113,

 

12114, 12115, 12116, and 12117 (MCL 324.11704, 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), section 11704 as amended by 2004 PA 381, 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:

 


     Sec. 11704. (1) An application for a septage waste vehicle

 

license shall include all of the following:

 

     (a) The model and year of the septage waste vehicle.

 

     (b) The capacity of any tank used to remove or transport

 

septage waste.

 

     (c) The name of the insurance carrier for the septage waste

 

vehicle.

 

     (d) Whether the septage waste vehicle or any other vehicle

 

owned by the person applying for the septage waste vehicle license

 

will be used at any time during the license period for land

 

application of septage waste.

 

     (e) Any additional information pertinent to this part required

 

by the department.

 

     (f) A septage waste vehicle license fee as provided by section

 

11717b for each septage waste vehicle.

 

     (2) A person who is issued a septage waste vehicle license

 

shall carry a copy of that license at all times in each vehicle

 

that is described in the license and display the license upon the

 

request of the department, a peace officer, or an official of a

 

certified health department.

 

     (3) A septage waste vehicle shall not be used to transport

 

hazardous waste regulated under part 111 or liquid industrial waste

 

by-product regulated under part 121, without the express written

 

permission of the department.

 

                              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 that 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

 

document 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 the generator's 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 Unless, under subdivision (b), the department

 

specifically authorizes land application, in addition to the

 

requirements of this part and part 117, the words "Land Application

 

Prohibited", in a minimum of 2-inch letters, shall be affixed in a

 

conspicuous location and visible on both sides of the vehicle used

 

to transport waste under part 117 and this part.if both of the

 

following apply:

 

     (i) The vehicle is licensed under part 117 to transport

 

septage waste.

 

     (ii) The vehicle is authorized under the hazardous materials

 

transportation act, 1998 PA 138, MCL 29.471 to 29.480, to transport

 

liquid industrial by-product.

 

     (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 provide the generator confirmation of

 

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 Provide the generator or the

 

generator's authorized representative confirmation of the 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.

 

     (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 a 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.