August 9, 2006, Introduced by Senators BASHAM and JACOBS and referred to the Committee on Technology and Energy.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 12101, 12102, 12103, 12105, 12107, 12111,
12112, and 12113 (MCL 324.12101, 324.12102, 324.12103, 324.12105,
324.12107, 324.12111, 324.12112, and 324.12113), sections 12101,
12102, 12103, and 12112 as amended by 2001 PA 165 and sections
12105 and 12107 as amended by 1998 PA 140.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12101. As used in this part:
(a) "Brine" means a liquid produced as a by-product of oil or
natural gas production or exploration.
(b) "Container" means any portable device in which a liquid
industrial waste is stored, transported, treated, or otherwise
handled.
(c) "Department" means the department of environmental
quality.
(d) "Designated facility" means a treatment, storage,
disposal, or reclamation facility that receives liquid industrial
waste from off-site.
(e) "Director" means the director of the department.
(f) (e)
"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 the land or by being used to
produce products that are applied to or placed on the land.
(B) By being burned to recover energy or used to produce a
fuel.
(C) By reclamation.
(g) (f)
"Discharge" means the accidental or
intentional
spilling, leaking, pumping, releasing, pouring, emitting, emptying,
or dumping of liquid industrial waste into the land, air, or water.
(h) (g)
"Disposal" means the abandonment,
discharge,
deposit, injection, dumping, spilling, leaking, or placing of a
liquid industrial waste into or on land or water in such a manner
that the liquid industrial waste may enter the environment, or be
emitted into the air, or discharged into surface water or
groundwater.
(i) (h)
"Disposal facility" means a facility or a
part of a
facility at which liquid industrial waste is disposed.
(j) (i)
"Facility" means all contiguous land and
structures,
other appurtenances, and improvements on the land for treating,
storing, disposing of, or reclamation of liquid industrial waste.
(k) (j)
"Federal water pollution control act"
means chapter
758,
86 Stat. 816, 33 U.S.C. USC
1251 to 1252, 1253 to 1254,
1255
to 1257, 1258 to 1263, 1265 to 1270, 1281, 1282 to 1293, 1294
to
1299, 1311 to 1313, 1314 to 1330, 1341 to 1345, 1361 to 1377,
and
1381 to 1387.
(l) (k)
"Generator" means a person whose act or
process
produces liquid industrial waste.
(m) (l) "Liquid industrial waste" 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 that is
produced by, is incident to, or results from industrial,
commercial, or governmental activity or any other activity or
enterprise 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 publication no. SW-846, and which is discarded.
Liquid industrial waste 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 as defined in regulated under part 138 of
the public health code, 1978 PA 368, MCL 333.13801 to 333.13831.
(iv) A discharge permitted or authorized under part 31.
(v) A material that is used or reused as an effective
substitute for commercial products 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, or and
is not applied to the land and
not or
used in products applied to the land.
(vi) A liquid
generated by a household. generated
liquid
waste.
(vii) A liquid industrial waste utilized for land
application
in
accordance with a program for effective residuals management,
approved
by the director or the United
States environmental
protection
agency, or both, pursuant to the federal water pollution
control
act.
(viii) Oil field brines used for public road dust control
and
ice
removal as authorized under the terms of the rules, standards,
and
brine management plan approved by the department in existence
on
June 1, 1993, until rules are promulgated.
(vii) (ix) A used oil that is directly burned to recover
energy or used to produce a fuel if all of the following are met:
(A) The material meets the used oil specifications of part
111.
(B) The material contains no greater than 2 ppm
polychlorinated biphenyls.
(C) The material has a minimum energy content of 17,000
BTU/lb.
(D) 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.
(viii) (x) 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.
(ix) (xi) A liquid waste sample transported for testing to
determine its characteristics or composition. The sample becomes
subject to this part when discarded.
(x) (xii) 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:
(A) The liquid is left in place at the point of generation in
compliance with part 31, 201, or 213.
(B) 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:
(I) The disposal complies with applicable provisions of part
31 or 115.
(II) The disposal is not to a surface water.
(III) The land owner of the disposal site has authorized the
disposal.
(xi) A liquid vegetable or animal fat oil that is used directly
to produce biofuels.
(xii) A liquid regulated under 1982 PA 239, MCL 287.651 to
287.683.
(xiii) A liquid applied to the land under part 115.
(xiv) 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.
(xv) A residual amount of liquid remaining in a container and
generated as a result of transportation of a solid waste in that
container.
(xvi) A liquid brine authorized for use as dust and ice control
regulated under part 31 and part 615.
(xvii) A liquid designated in writing by the director. The
designation shall include a statement of the reasons for the
designation consistent with the purposes of this part.
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, treatment, storage, or
reclamation facility in this state, a United States environmental
protection agency form number 8700-22 and 8700-22A, or its
successor.
(b) "On-site" means on the same geographically contiguous
property, which may be divided by a public or private right-of-way
and
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.
(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.
(d) "Publicly owned treatment works" means any entity that
treats municipal sewage or industrial waste of a liquid nature that
is owned by the state or a municipality, as that term is defined in
section
502(4) of title V of the federal water pollution control
act,
33 U.S.C. 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.
(e) "Reclamation" means either processing to recover a usable
product or regeneration.
(f) "Reclamation facility" means a facility or part of a
facility where liquid industrial waste reclamation is conducted.
(g) "Site identification number" means a number that is
assigned by the United States 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, on a temporary basis, in a manner that does not constitute
disposal of liquid industrial waste.
(i) "Storage facility" means a facility or part of a facility
where liquid industrial waste is stored.
(j) "Surface impoundment" means a treatment, storage, 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. and which is not an injection well.
Surface impoundments include, but are not limited to, holding,
storage, settling, 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 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 air, rail, highway public or private roadway,
or water.
(m) "Transporter" means a person engaged in the off-site
transportation
of liquid industrial waste by air, rail, highway
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, to neutralize the waste, or to render the waste
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 is treated.
(p)
"Used oil" means any oil
which that has
been refined
from
crude oil, or any synthetic oil, which that
has been used
and which
that, as a result of the use, is contaminated by
physical or chemical impurities.
(q) "Vehicle" means a transport vehicle as defined by 49
C.F.R.
CFR 171.8.
Sec. 12103. (1) A generator shall do all of the following:
(a) Characterize the waste in accordance with section 12101(m)
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. assigned by the United States environmental
protection
agency or the department. Beginning on October 1, 2002
and
until Until March 31, 2008,
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 and credited to
the hazardous waste and liquid industrial waste users account
created in section 11130(5).
(c)
If transporting by highway liquid industrial waste,
other than the generator's own waste, by public roadway, engage,
employ,
or contract for the transportation
of liquid industrial
waste
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 waste loads that
are multiple pickups of uniform types of wastes that constitute a
single shipment of waste. In this case, a receipt shall be obtained
from the transporter documenting the transporter's company name,
driver's signature, date of pickup, 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) Certify that at the time the transporter picks up liquid
industrial waste the information contained on the manifest is
factual, by signing the manifest. This certification is to 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 or his or her authorized representative 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 also operates an on-site reclamation,
treatment, or disposal facility shall keep records of all liquid
waste produced and reclaimed, treated, or disposed of at his or her
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 his
or her 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 where 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.
(d) The designated facility is managed in accordance with this
part.
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 in accordance with the
hazardous
materials transportation act and 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 transported by
the permit or license holder shall not be disposed of on land.
(c)
All liquid 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.
(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 and clearly legible during daylight
hours
from a distance of 50 feet used
to transport waste 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, 88 Stat.
1674,
42 U.S.C. 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 ,
if transporting by highway, 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
peace officer.
(2) All vehicles and containers used to transport liquid
industrial waste shall be closed or covered to prevent the escape
of
liquid industrial waste. , and the The outside of all
vehicles, containers, and accessory equipment shall be kept free of
liquid industrial waste and its residue.
(3) To avoid cross-contamination, all portions of a vehicle or
equipment that have been in contact with liquid industrial waste
shall be cleaned and decontaminated before the transport of any
products, incompatible waste, hazardous waste, or nonwaste
material. Before the transport of liquid industrial waste, all
portions of a vehicle or equipment shall be cleaned and
decontaminated, as necessary, of any waste regulated pursuant to
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
nonwaste
or a product any products,
incompatible waste, hazardous
waste,
or nonwaste material, the vehicle or
equipment has been
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, or
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.
12111. (1) If a fire, explosion, or
other discharge
of
liquid
industrial waste occurs which 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 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 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 their his
or her records a written report
documenting the
incident 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, telephone number, and identification
number of the generator, transporter, or designated facility.
(c) The date, time, and type of incident.
(d) The name and quantity of waste 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 Act No. 61 of the Public Acts of 1939, being
sections
319.1 to 319.27 of the Michigan Compiled Laws, part 615
or
the rules, orders, or instructions under that act, or part or
regulated under part C of title XIV of the public health service
act, 88
Stat. 1674, 42 U.S.C. USC
300h to 300h-7 300h-8,
or
the
regulations promulgated under that act
, are
exempt from the
requirements of this section.
Sec. 12112. (1) 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 either
assigned from the United States environmental protection agency or
the
department. Beginning on October 1, 2002 and until Until
March 31, 2008, 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 and credited to the hazardous waste
and liquid industrial waste users account created in section
11130(5).
(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.
(c) Return a signed copy of the manifest to the generator.
(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)
or (6). Storage, treatment, or reclamation regulated under part 615
or
the rules, orders, or instructions under that part 615,
or
regulated under part C of title XIV of the public health service
act, chapter
373, 88 Stat. 1674, 42 U.S.C. USC
300h to 300h-8,
or the regulations promulgated under that act are exempt from the
requirements of 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) (3)
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
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 required by the department.
Sec.
12113. (1) Storage of liquid industrial waste, either
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 shall be
closed or covered, except when necessary to add or remove waste, to
prevent the escape of liquid industrial waste. The exterior of all
vehicles, containers, and tanks used to hold liquid industrial
waste shall be kept free of liquid industrial waste and its
residue.
(2)
Except as otherwise authorized pursuant to this section ,
or
other applicable statutes ,
or rules , and or
orders of the
department,
liquid industrial waste shall be managed to prevent
any
of the following:
(a)
Discharge of liquid industrial waste from being
discharged
into the soil, .
(b)
Discharge of liquid industrial waste into surface water
or
groundwater, .
(c)
Discharge of liquid industrial waste into or a drain or
sewer, .
(d)
Discharge of liquid industrial waste or discharged in
violation of part 55.
(3) A person shall treat, store, and dispose of liquid
industrial
waste in accordance with all applicable statutes , and
rules ,
and orders of the department.
(4) This part does not prevent a publicly owned treatment
works from accepting liquid industrial waste from the premises of a
person, and does not prevent a person from engaging, employing, or
contracting with a publicly owned treatment works. However, a
publicly
owned treatment works , receiving that receives waste by
means
of transportation , shall be is
a designated facility and
shall
comply with the requirements specified in of section 12112.
(5) A person shall not treat, store, or dispose of liquid
industrial waste 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) The department may authorize land application of liquid
industrial waste in accordance with a program for effective
residuals management that is approved by the department or the
United States environmental protection agency, or both, pursuant to
the federal water pollution control act.
(7)
Activities regulated under Act No. 61 of the Public Acts
of
1939, being sections 319.1 to 319.27 of the Michigan Compiled
Laws,
part 615 or the rules, orders, or instructions under that
act,
or part or regulated under part C of title XIV of the public
health
service act, 88 Stat. 1674, 42 U.S.C.
USC 300h to
300h-
7
300h-8, or the regulations promulgated under that act, are
exempt from the requirements of this section.