Michigan Compiled Laws 368-1978-12-137 Part 137 (333.13701...333.13741)

• Section 333.13701 Meanings Of Words And Phrases.
  As used in this part, the words and phrases defined in sections 13702 to 13704 have the meanings ascribed to them in those sections....
• Section 333.13702 Definitions; A To H.
  (1) “Above ground vault” means an engineered structure with a floor, walls, and a roof constructed at least partially above grade that is designed...
• Section 333.13703 Definitions; G To M.
  (1) “Generator” means any person licensed as a generator by the nuclear regulatory commission and authorized pursuant to this part whose act or process...
• Section 333.13704 Definitions; M To S.
  (1) “Municipality” means a city, village, township, or Indian tribe. (2) “Operation” means the control, supervision, or implementation of the actual physical activities involved...
• Section 333.13705 Regulatory Responsibility.
  Subject to any limitations in this part, the department shall have the regulatory responsibility that is held by this state in all matters related...
• Section 333.13706 Implementation And Enforcement Of Part; Coordination Of Regulatory Activities; Consultation, Cooperation, And Assistance.
  (1) The department shall implement and enforce this part, and shall coordinate all regulatory activities of state agencies and departments acting within the scope...
• Section 333.13707 Review And Recommendations; Conflicting Laws And Rules.
  (1) The department shall enter into negotiations with the federal government on behalf of this state for full agreements providing for the discontinuance of...
• Section 333.13708 Duties Of Director Or Director's Designee.
  The director or the director's designee, with the assistance of other state departments and agencies, shall do all of the following: (a) Implement a...
• Section 333.13709 Compliance; Disposal Of Waste; Full Agreement State Status; Waiver; Acceptance Of Waste For Disposal.
  (1) A person shall not possess, generate, collect, process, package, store, transport, or dispose of waste in this state without complying with the requirements...
• Section 333.13710 Minimum Criteria For Design, Construction, And Operation Of Disposal Site.
  (1) The director, following consultation with the department of natural resources, shall establish minimum criteria for the design, construction, and operation of the disposal...
• Section 333.13711 Licensing Requirements For Design, Construction, And Operation Of Disposal Site.
  The licensing requirements for the design, construction, and operation of the disposal site shall be at least as stringent as all applicable federal design,...
• Section 333.13712 Construction And Operating License; Application; Additional Information; Fee; License Nontransferable.
  (1) The disposal site shall not be constructed or operated in this state except upon issuance of a construction and operating license issued under...
• Section 333.13713 Application For Construction And Operating License; Additional Information; Nullification Of Contract; Supplementing And Keeping Current Information.
  (1) The application for a construction and operating license shall contain such additional information as may be required by the department, and shall disclose...
• Section 333.13714 Surety Bond, Secured Trust Fund, Or Other Suitable Secured Instrument Or Mechanism.
  The authority shall file as a part of the application for a construction and operating license a surety bond, secured trust fund, or other...
• Section 333.13715 Financial Responsibility.
  The authority, as part of the application for a construction and operating license, shall demonstrate financial responsibility through the establishment of a fully funded...
• Section 333.13716 Duties Of Department; Issuance Or Denial Of License; Consultation; Cooperation; Assistance; Exemption; Effect Of Local Requirements.
  (1) Upon receipt of an application for a construction and operating license, the department shall do all of the following: (a) Within 45 days,...
• Section 333.13717 Independent Contractor; Inspecting And Verifying Construction Of Disposal Site; Qualification Of Contractor; Certification; Compliance; Filing And Availability Of Inspection Results; Addressing Deficiencies.
  (1) Prior to the commencement of the construction of the disposal site, the department shall enter into a contract with an independent contractor who...
• Section 333.13718 Temporary Or Permanent Closure Of Disposal Site; Reopening.
  The director may issue an order temporarily or permanently closing the disposal site prior to its scheduled closing date if the director finds that...
• Section 333.13719 Release Of Waste Or Hazardous Waste; Remedial Action; Site Closure And Stabilization; Cost.
  (1) If there has been a release of waste or hazardous waste at the disposal site during its operation, closure, or postclosure, the department...
• Section 333.13720 Site Closure And Stabilization; Control; Cost; Rules; Surveillance And Maintenance Of Disposal Site.
  (1) Beginning on January 1, 2014, or prior to that date if the disposal site has been permanently closed for any reason, the authority...
• Section 333.13721 Amendment To Construction And Operating License.
  If the authority proposes an amendment to the construction and operating license for the disposal site to conform to the requirements of this part...
• Section 333.13721a Disposal Shipment Registration System; Validity And Contents Of Approved Disposal Shipment Certificate; Application For Certificate; Duty Of Generator, Processor, Or Collector; Duty Of Carrier; Approval Or Denial Of Application For Certificate; Amended Certificate.
  (1) The authority shall establish and implement a disposal shipment registration system which shall at a minimum require a valid disposal shipment certificate to...
• Section 333.13722 Manifest; Duties Of Authority Accepting Waste At Disposal Site.
  (1) The authority or any other person shall not accept delivery of waste unless the waste is accompanied by a manifest certified by each...
• Section 333.13723 Operation Of Disposal Site; Inspection Of Shipment; Refusal To Accept Waste; Return Of Waste; Seizure And Impoundment Of Vehicle And Contents; Imposition Of Surcharges; Notice; Unloading; Requirements As To Transport Vehicle; Informing Department Of Violations.
  (1) The disposal site shall be operated in accordance with this part, the rules promulgated under this part, and in compliance with the terms...
• Section 333.13724 Compact Member States; List Of Generators, Carriers, Processors, And Collectors; State Laws And Rules; Valid Permits; Permitting And Regulatory System; Permission To Receive Waste; Equivalent Privileges; Expenses; Liabilities; Primary Place Of Business; Eligibility For Permit.
  (1) If this state is a member of a compact, the department shall obtain from each compact member a list of generators, carriers, processors,...
• Section 333.13725 Generator's Permit; Identification Number; Requirements; Conditions; Validity; Issuance Or Renewal; Application; Nontransferable; Applicability; Fee; Modification Of Permit; Administrative Costs; Automatic Issuance Of Permit.
  (1) After the issuance of a construction and operating license for a disposal site under this part, a person shall not generate waste in...
• Section 333.13726 Duties Of Generator; Generator Acting As Carrier, Collector, Or Processor.
  (1) A generator required to be permitted under this part or who has privileges in this state pursuant to section 13724 shall do all...
• Section 333.13727 Carrier's Permit; Identification Number; Requirements; Conditions; Validity; Issuance Or Renewal; Application; Registration And Inspection Of Vehicle; Inspection Fee; Vehicle Tag; Permit Nontransferable; Applicability; Application Fee; Modification Of Permit; Administrative Costs; Specifying Available Routes.
  (1) Except as otherwise provided in section 13726(2), a person shall not transport waste in this state after the issuance of a construction and...
• Section 333.13728 Manifest As Condition To Transporting Of Waste By Carrier; Certification; Contents; Delivery; Retaining Copy Of Manifest; Forwarding Copy Of Manifest.
  (1) A carrier shall not transport waste unless each shipment of waste is accompanied by a manifest. (2) A carrier shall certify on the...
• Section 333.13729 Collector's Permit; Identification Number; Requirements; Conditions; Validity; Issuance Or Renewal; Application; Nontransferable; Applicability; Fee; Modification Of Permit; Administrative Costs.
  (1) Except as otherwise provided in section 13726(2), a person shall not collect waste for disposal in this state after the issuance of a...
• Section 333.13730 Manifest As Condition To Collector Accepting Delivery Of Waste; Certification; Contents; Transfer; Retaining Copy Of Manifest; Forwarding Copy Of Manifest.
  (1) A collector shall not accept the delivery of waste unless the waste is accompanied by a manifest. (2) A collector shall certify on...
• Section 333.13731 Processor's Permit; Identification Number; Requirements; Conditions; Validity; Issuance Or Renewal; Application; Nontransferable; Applicability; Fee; Modification Of Permit; Administrative Costs.
  (1) Except as otherwise provided in section 13726(2), a person shall not process waste in this state after the issuance of a construction and...
• Section 333.13732 Manifest As Condition To Processor Accepting Delivery Of Waste; Certification; Contents; Transportation Of Waste; Forwarding Copy Of Certified Manifest To Generator; Retaining Copy Of Manifest; Preparation Of Manifest; Compliance; Records; Packaging Waste; Labeling Containers.
  (1) A processor shall not accept the delivery of waste unless the waste is accompanied by a manifest. (2) A processor shall certify on...
• Section 333.13733 Condition To Possession Of Waste; Data As Public Information.
  (1) A person shall not possess waste in this state without complying with the manifest requirements of this part. (2) Data obtained from any...
• Section 333.13734 Implied Consent; Due Process Rights; Surety Bond, Secured Trust Fund, Or Other Secured Instrument Or Mechanism; Reimbursement Of Costs Resulting From Violation; Conduct Constituting Violation.
  (1) A generator, carrier, processor, and a collector who holds a permit issued under this part or who holds a permit in a state...
• Section 333.13735 Notice Of Release Of Waste; Report.
  A generator, carrier, processor, and collector shall be responsible for giving immediate oral notice to the department, the law enforcement agency and governing body...
• Section 333.13736 Sanctions For Negligence Or Failure To Exercise Due Care; Grounds For Suspending, Revoking, Annulling, Withdrawing, Recalling, Or Cancelling License Or Permit; Order; Procedures, Hearings, Oaths, Subpoenas, And Testimony; Books, Papers, Or Documents; Aid Of Circuit Court; Grounds For Denial Of Application For License Or Permit; Monitoring, Surveillance, And Inspection; Spot Checks; Advising Authority Of Regulatory Actions; Administrative Inspection Warrant; Search Warrant; Probable Cause.
  (1) A person who holds a license or permit issued under this part may be subject to sanctions as provided in subsection (2) for...
• Section 333.13737 Action To Restrain, Enjoin, Prevent, Or Correct Violation; Rules Adopting Schedule Of Monetary Civil Fines.
  (1) Notwithstanding the existence and pursuit of any other remedy, the director, without posting a bond, may request the attorney general to bring an...
• Section 333.13738 Order Requiring Compliance Or Remedial Action; Emergency Order; Civil Action; Venue; Civil Fine; Violation As Misdemeanor Or Felony; Penalty; “state Of Mind”; “placing Person In Imminent Danger Of Death Or Serious Bodily Injury”; Affirmative Defense; “serious Bodily Injury”; Action For Damage; Costs Of Litigation; Intervention.
  (1) If the director finds that a person is in violation of this part, a rule promulgated under this part, or a permit or...
• Section 333.13739 Action For Injunction; Noncompliance By Department.
  (1) A person may bring an action for an injunction against the director to compel the director to fulfill a requirement of this part....
• Section 333.13740 Disposition Of Receipts From Civil Fines And Fees; Appropriations; Construction Of Section; Expenditures Required As Result Of Release.
  (1) The department shall deposit all receipts from civil fines and fees collected pursuant to this part and from judgments, settlements, and any other...
• Section 333.13741 Lawful Activity Not Prohibited Or Restricted.
  A municipality or county shall not prohibit or restrict a lawful activity regulated under this part. History: Add. 1987, Act 203, Imd. Eff. Dec....

Last modified: October 10, 2016