Michigan Compiled Laws 451-1994-ii-3-111 Part 111 Hazardous Waste Management (324.11101...324.11153)

• Section 324.11101 Meanings Of Words And Phrases.
  For the purposes of this part, the words and phrases defined in sections 11102 to 11104 have the meanings ascribed to them in those...
• Section 324.11102 Definitions; C To F.
  (1) "Contaminant" means any of the following: (a) Hazardous waste as defined in R 299.9203 of the Michigan administrative code. (b) Any hazardous waste...
• Section 324.11103 Definitions; G To O.
  (1) “Generation” means the act or process of producing hazardous waste. (2) “Generator” means any person, by site, whose act or process produces hazardous...
• Section 324.11104 Definitions; O To V.
  (1) “Operator” means the person responsible for the overall operation of a disposal, treatment, or storage facility with approval of the department either by...
• Section 324.11105 Generation, Disposition, Storage, Treatment, Or Transportation Of Hazardous Waste.
  A person shall not generate, dispose, store, treat, or transport hazardous waste in this state without complying with the requirements of this part. History:...
• Section 324.11105a Repealed. 2006, Act 560, Eff. Dec. 29, 2008.
  Compiler's Notes: The repealed section pertained to adoption by reference of federal rules and promulgation of administrative rule.Popular Name: Act 451Popular Name: Hazardous Waste ActPopular...
• Section 324.11106 Municipal Solid Waste Incinerator Ash; Regulation.
  The generation, transportation, treatment, storage, disposal, reuse, and recycling of municipal solid waste incinerator ash is regulated under part 115, and not under this...
• Section 324.11107 Methods Of Hazardous Waste Management; Assistance.
  The department, in the conduct of its duties as prescribed under this part, shall assist in encouraging, developing, and implementing methods of hazardous waste...
• Section 324.11108 Landfill Or Solidification Facility; Payment Of Fee By Owner Or Operator; Certain Hazardous Waste Exempt From Fees; Certification; Evaluating Accuracy Of Generator Fee Exemption Certifications; Enforcement Action; Forwarding Fee Revenue And Completed Form; Reduction In Hazardous Waste Generated Or Disposed; Refund; Disposition Of Fees; Environmental Pollution Prevention Fund.
  (1) Except as otherwise provided in this section, each owner or operator of a landfill shall pay to the department a fee assessed on...
• Section 324.11110 State Hazardous Waste Management Plan; Preparation; Contents; Studies; Incentives; Criteria; Notice; News Release; Public Hearings; Comments; Amendments.
  (1) Not later than January 1, 1990, the department shall prepare an updated state hazardous waste management plan. (2) The updated plan shall: (a)...
• Section 324.11111 State Hazardous Waste Management Plan; Adoption Or Rejection; Reason For Rejection; Return Of Plan; Changing And Reconsidering Plan.
  (1) The department, with the advice of the director of public health, shall adopt or reject the updated plan within 60 days. (2) If...
• Section 324.11112 State Hazardous Waste Management Plan; Final Decision; Adoption.
  The department shall make a final decision on the updated plan within 120 days after the department first receives the updated plan. If the...
• Section 324.11114 Proposed Rules To Implement Plan.
  Not more than 180 days after the final adoption of the updated plan, the department shall submit to the legislature proposed rules to implement...
• Section 324.11115 Permits And Licenses For Treatment, Storage, Or Disposal Facility; Determination; Exception.
  After the updated plan is adopted, the department shall not issue a permit or license under this part for a treatment, storage, or disposal...
• Section 324.11115a Facility Subject To Corrective Action Requirements; Release Of Contaminant From Waste Management Unit Or Release Of Hazardous Waste From Facility; Determination By Department; Consent Order; License, Permit, Or Order; Contents.
  (1) Beginning on June 4, 1992, the owner or operator, or both, of a facility specified in this subsection is subject to the corrective...
• Section 324.11115b Corrective Actions; Satisfaction Of Remedial Action Obligations.
  Corrective actions conducted pursuant to this part satisfy a person's remedial action obligations under part 201 and remedial obligations under part 31 for that...
• Section 324.11116-324.11118 Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.
  Compiler's Notes: The repealed sections pertained to requirements for applications for construction permits.
• Section 324.11118a Multisource Commercial Hazardous Waste Disposal Well; Definition; Maintenance Of Treatment And Storage Facility; Operating License Required; Business Plan; Applicability Of Subsection (3).
  (1) As used in this section, "multisource commercial hazardous waste disposal well" has the meaning ascribed to that term in section 62506a. (2) A...
• Section 324.11119, 324.11120 Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.
  Compiler's Notes: The repealed sections pertained to duties of department upon receipt of construction permit application and notification of affected municipalities and counties.
• Section 324.11121 Effect Of Local Ordinance, Permit Requirement, Or Other Requirement.
  A local ordinance, permit requirement, or other requirement does not prohibit the construction of a treatment, storage, or disposal facility, except as otherwise provided...
• Section 324.11122 Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.
  Compiler's Notes: The repealed section pertained to establishment of limited storage facility.
• Section 324.11123 Operating License; Contents Of Applications; Schedule For Submitting Operating License Application; Time Period For Submitting Complete Operating License Application; Conditions For Operating Storage Facility Until Application Approved Or Denied; Placement On Department-organized Mailing List; Fee.
  (1) Unless a person is complying with subsection (8) or a rule promulgated under section 11127(4), a person shall not establish, construct, conduct, manage,...
• Section 324.11124 Inspection Of Site; Determination Of Compliance; Filing And Review Of Inspection Report.
  (1) Following the construction of the proposed treatment, storage, or disposal facility or the expansion, enlargement, or alteration of a treatment, storage, or disposal...
• Section 324.11125 Duties Of Department Upon Receipt Of Operating License Application; Establishment Of Operating License Condition; Final Decision On Operating License Application; Public Hearing; Notice; Time; Extension Of Deadline; Stipulations; Operation Not Prohibited By Local Ordinance, Permit, Or Other Requirement; Changes Or Additions To Disclosure Statement; Denial Of Application; Modification Or Revocation Of Operating License; Conditions; Postconstruction Documentation.
  (1) Upon receipt of an operating license application that complies with the requirements of section 11123(2), the department shall do all of the following:...
• Section 324.11126 Coordinating And Integrating Provisions Of Act; Extent.
  The department shall coordinate and integrate the provisions of this part for purposes of administration and enforcement with appropriate state and federal law including...
• Section 324.11126a Fee Schedule; Report.
  By September 1, 1998, the department shall submit a report to the legislature that recommends a fee schedule to implement this part. History: Add....
• Section 324.11127 Rules Generally; Exemption; Effect Of Amendment To Part Or Rules, Or Changes In Definitions.
  (1) The department shall submit to the legislature, after consultation with the department of public health, rules necessary to implement and administer this part....
• Section 324.11128 Rules Listing Hazardous Waste And Other Criteria; Revision; Removing Certain Materials From List; Public Hearings; Construction Of Part, Rules, And List.
  (1) The department shall submit to the legislature proposed rules listing hazardous waste and other criteria as required by this part. The rules shall...
• Section 324.11129 Information As Public Record; Confidential Information; Notice Of Request For Information; Demonstration By Person Regulated; Granting Or Denying Request; Certain Data Not Confidential; Release Of Confidential Information.
  (1) Except as provided in subsections (2) and (3), information obtained by the department under this part is a public record subject to disclosure...
• Section 324.11130 Environmental Pollution Prevention Fund; Creation; Receipt And Disposition Of Assets; Investment; Administration.
  (1) The environmental pollution prevention fund is created in the state treasury. (2) The state treasurer may receive money or other assets from any...
• Section 324.11132 Repealed. 1998, Act 139, Eff. Sept. 1, 1998.
  Compiler's Notes: The repealed section pertained to requirements for hazardous waste transporter business license.Popular Name: Act 451Popular Name: Hazardous Waste ActPopular Name: NREPA
• Section 324.11132a Transporter; Duties; Inspection; Establishment Of Standards And Requirements By Rule.
  (1) A transporter shall do all of the following: (a) Obtain and utilize an environmental protection agency identification number in accordance with the rules...
• Section 324.11133 Hazardous Waste Transporter Business License; Revocation.
  A hazardous waste transporter business license issued under this part shall be revoked if the holder of the license selected a treatment, storage, or...
• Section 324.11134 Municipality Or County; Prohibited Conduct.
  A municipality or county shall not prohibit the transportation of hazardous waste through the municipality or county or prevent the ingress and egress into...
• Section 324.11135 Manifest; User Charge; Payment; Violations; Deposit Of Amounts In Environmental Pollution Prevention Fund; Maintenance Of Information For Reporting Purposes; Evaluation; Report; Contents; Submission Of Copy To Department; Certification; Specified Destination; Determining Status Of Specified Waste; Exception Report; Retention Period For Copy Of Manifest; Extension.
  (1) A hazardous waste generator shall provide a separate manifest to the transporter for each load of hazardous waste transported to property that is...
• Section 324.11136 Certifying Acceptance Of Waste For Transportation; Delivery Of Hazardous Waste And Manifest; Period For Keeping Copy Of Manifest; Review And Inspection Of Manifest; Extension Of Retention Period.
  (1) The hazardous waste transporter shall certify acceptance of waste for transportation and shall deliver the hazardous waste and accompanying manifest only to the...
• Section 324.11137 Accepting Delivery Of Hazardous Waste; Condition; Duties Of Owner Or Operator.
  The treatment, storage, or disposal facility owner or operator shall accept delivery of hazardous waste only if delivery is accompanied by a manifest properly...
• Section 324.11138 Generator Of Hazardous Waste; Duties; Records; Report.
  (1) A generator of hazardous waste shall do the following: (a) Compile and maintain information and records regarding the quantities of hazardous waste generated,...
• Section 324.11139 Condition Of Obtaining Operating License For Disposal Facility; Condition Of Obtaining Operating License For Landfill.
  (1) As a condition of obtaining an operating license for a disposal facility pursuant to section 11123, the applicant shall demonstrate to the department...
• Section 324.11140 Closure And Postclosure Monitoring And Maintenance Plan; Submission; Contents; Rules.
  (1) The owner or operator of a treatment, storage, or disposal facility shall submit a closure plan to the department as part of the...
• Section 324.11141 Cost Of Closing And Postclosure Monitoring And Maintenance Of Facility; Methods Of Assurance; Amount; Periodic Adjustment; Violation.
  An owner or operator of a treatment, storage, or disposal facility shall file, as a part of the application for a license to operate,...
• Section 324.11143 Hazardous Waste Service Fund; Creation; Financing; Uses Of Fund; Administration; Expenditures; Expenses; Rules.
  (1) There is created within the state treasury a hazardous waste service fund of not less than $1,000,000.00 to be financed by appropriations for...
• Section 324.11144 Inspection; Filing Report For Licensed Facility; Complaint Or Allegation; Record; Investigation; Report; Notice Of Violation Or Emergency Situation.
  (1) The department shall inspect and file a written report not less than 4 times per year for each licensed treatment, storage, and disposal...
• Section 324.11145 Administration And Enforcement Of Part By Certified Health Department; Certification Procedures; Rescission Of Certification; Annual Grant; Costs; Rules.
  (1) The department may certify a city, county, or district health department to administer and enforce portions of this part but only to an...
• Section 324.11146 Request For Information And Records; Purpose; Court Authorization; Inspection; Samples; Probable Cause As To Violation; Search And Seizure; Forfeiture.
  (1) Any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste shall furnish information relating to the...
• Section 324.11147 Violation As Misdemeanor; Penalty; Appearance Ticket.
  A person who violates section 11132a(1)(b) or (n) or who violates rules promulgated under section 11132a(1)(b) or (n) is guilty of a misdemeanor punishable...
• Section 324.11148 Imminent And Substantial Hazard To Health; Endangering Or Causing Damage To Public Health Or Environment; Actions By Director; Determination.
  (1) Subject to subsection (2), upon receipt of information that the storage, transportation, treatment, or disposal of hazardous waste may present an imminent and...
• Section 324.11149 Tearing Down, Removing, Or Destroying Sign Or Notice As Misdemeanor; Penalty.
  A person who willfully tears down, removes, or destroys any sign or notice warning of the presence of hazardous waste or marking the boundaries...
• Section 324.11150 Order Of Noncompliance; Order Suspending Or Restricting License Of Facility.
  (1) Upon receipt and verification of information that a licensed storage, treatment, or disposal facility does not have or has not maintained a suitable...
• Section 324.11151 Violation Of Permit, License, Rule, Or Part; Order Requiring Compliance; Civil Action; Jurisdiction; Imposition, Collection, And Disposition Of Fine; Conduct Constituting Misdemeanor; Penalty; State Of Mind And Knowledge; Affirmative Defense; Preponderance Of Evidence; Definition; Action For Damages And Costs; Disposition And Use Of Damages And Costs Collected; Awarding Costs Of Litigation; Intervention.
  (1) If the department finds that a person is in violation of a permit, license, rule promulgated under this part, or requirement of this...
• Section 324.11152 Interstate And International Cooperation; Purpose.
  The department shall encourage interstate and international cooperation for the improved management of hazardous waste; for improved, and so far as is practicable, uniform...
• Section 324.11153 Site Identification Number; User Charges; Violations; Maintenance Of Information; Summary Of Findings; Report; Definitions.
  (1) A generator, transporter, or treatment, storage, or disposal facility shall obtain and utilize a site identification number assigned by the United States environmental...

Last modified: October 10, 2016