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HB-5149, As Passed House, October 5, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5149

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11701, 11702, and 11715b (MCL 324.11701,

324.11702, and 324.11715b), sections 11701 and 11702 as amended and

section 11715b as added by 2004 PA 381.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 11701. As used in this part:

(a) "Agricultural land" means land on which a food crop, a

feed crop, or a fiber crop is grown, including land used or

suitable for use as a range or pasture; a sod farm; or a Christmas

tree farm.

(b) "Certified health department" means a city, county, or

district department of health certified under section 11716.

waste to be partially absorbed directly or indirectly by the

surrounding soil.

(d) "Department" means the department of environmental quality

or its authorized agent.

(e) "Director" means the director of the department of

environmental quality or his or her designee.

(f) "Domestic septage" means liquid or solid material removed

from a septic tank, cesspool, portable toilet, type III marine

sanitation device, or similar storage or treatment works that

receives only domestic sewage. Domestic septage does not include

liquid or solid material removed from a septic tank, cesspool, or

similar facility that receives either commercial wastewater or

industrial wastewater and does not include grease removed from a

grease interceptor, grease trap, or other appurtenance used to

retain grease or other fatty substances contained in restaurant

waste.

(g) "Domestic sewage" means waste and wastewater from humans

or household operations.

(h) "Domestic treatment plant septage" means biosolids

generated during the treatment of domestic sewage in a treatment

works and transported to a receiving facility or managed in

accordance with a residuals management program approved by the

department.

(i) "Food establishment septage" means material pumped from a

grease interceptor, grease trap, or other appurtenance used to

retain grease or other fatty substances contained in restaurant

wastes and which is blended into a uniform mixture, consisting of

not more than 1 part of that restaurant-derived material per 3

parts of domestic septage, prior to land application or disposed of

at a receiving facility.

(j) "Fund" means the septage waste program fund created in

section 11717.

(k) "Governmental unit" means a county, township,

municipality, or regional authority.

(l) "Incorporation" means the mechanical mixing of surface-

applied septage waste with the soil.

(m) "Injection" means the pressurized placement of septage

waste below the surface of soil.

(n) "Operating plan" means a plan developed by a receiving

facility for receiving septage waste that specifies at least all of

the following:

(i) Categories of septage waste that the receiving facility

will receive.

(ii) The receiving facility's service area.

(iii) The hours of operation for receiving septage waste.

(iv) Any other conditions for receiving septage waste

established by the receiving facility.

(o) "Pathogen" means a disease-causing agent. Pathogen

includes, but is not limited to, certain bacteria, protozoa,

viruses, and viable helminth ova.

(p) "Peace officer" means a sheriff or sheriff's deputy, a

village or township marshal, an officer of the police department of

any city, village, or township, any officer of the Michigan state

police, any peace 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 any conservation officer appointed by the

department or the department of natural resources pursuant to

section 1606.

(q) "Portable toilet" means a receptacle for human waste

temporarily in a location for human use.

(r) "Receiving facility" means a structure that is designed to

receive septage waste for treatment at a wastewater treatment plant

or at a research, development, and demonstration project authorized

under section 11511b to which the structure is directly connected,

and that is available for that purpose as provided for in an

ordinance of the local unit of government ~~that operates the~~

~~wastewater treatment plant or in an operating plan~~ where the

structure is located or in an operating plan. Receiving facility

does not include either of the following:

(i) A septic tank.

(ii) A structure or a wastewater treatment plant at which the

disposal of septage waste is prohibited by order of the department

under section 11708 or 11715b.

(s) "Receiving facility service area" or "service area" means

the territory for which a receiving facility has the capacity and

is available to receive and treat septage waste, subject to the

following:

(i) Beginning ~~1 year after the effective date of the 2004~~

~~amendatory act that added this subdivision~~ October 12, 2005 and

before the 2011 state fiscal year, the geographic service area of a

receiving facility shall not extend more than 15 radial miles from

the receiving facility.

(ii) After the 2010 state fiscal year, the geographic service

area of a receiving facility shall not extend more than 25 radial

miles from the receiving facility.

(t) "Sanitary sewer cleanout septage" means sanitary sewage or

cleanout residue removed from a separate sanitary sewer collection

system that is not land applied and that is transported by a

vehicle licensed under this part elsewhere within the same system

or to a receiving facility that is approved by the department.

(u) "Septage waste" means the fluid mixture of untreated and

partially treated sewage solids, liquids, and sludge of human or

domestic origin ~~which~~ that is removed from a wastewater system.

Septage waste consists only of food establishment septage, domestic

septage, domestic treatment plant septage, or sanitary sewer

cleanout septage, or any combination of these.

(v) "Septage waste servicing license" means a septage waste

servicing license as provided for under sections 11703 and 11706.

(w) "Septage waste vehicle" means a vehicle that is self-

propelled or towed and that includes a tank used to transport

septage waste. Septage waste vehicle does not include an

~~instrument~~ implement of husbandry as defined in section 21 of the

Michigan vehicle code, 1949 PA 300, MCL 257.21.

(x) "Septage waste vehicle license" means a septage waste

vehicle license as provided for under sections 11704 and 11706.

(y) "Septic tank" means a septic toilet, chemical closet, or

other enclosure used for the decomposition of domestic sewage.

(z) "Service" or "servicing" means cleaning, removing,

transporting, or disposing, by application to land or otherwise, of

septage waste.

(aa) "Site" means a location or locations on a parcel or

tract, as those terms are defined in section 102 of the land

division act, 1967 PA 288, MCL 560.102, proposed or used for the

disposal of septage waste on land.

(bb) "Site permit" means a permit issued under section 11709

authorizing the application of septage waste to a site.

(cc) "Storage facility" means a structure that receives

septage waste for storage but not for treatment.

(dd) "Tank" means an enclosed container placed on a septage

waste vehicle to carry or transport septage waste.

(ee) "Type I public water supply", ~~well",~~ "type IIa public

water supply", ~~well",~~ "type IIb public water supply", ~~well",~~

and "type III public water supply" ~~well"~~ mean those terms,

respectively, as described in R 325.10502 of the Michigan

administrative code.

(ff) "Type III marine sanitation device" means that term as

defined in 33 CFR 159.3.

Sec. 11702. (1) A person shall not engage in servicing or

contract to engage in servicing except as authorized by a septage

waste servicing license and a septage waste vehicle license issued

by the department pursuant to part 13. A person shall not contract

for another person to engage in servicing unless the person who is

to perform the servicing has a septage waste servicing license and

a septage waste vehicle license.

(2) The septage waste servicing license and septage waste

vehicle license requirements provided in this part are not

applicable to a publicly owned receiving facility subject to a

permit issued under part 31 or section 11511b.

Sec. 11715b. (1) The department shall promulgate rules

establishing design and operating requirements for receiving

facilities and the control of nuisance conditions.

(2) A person shall not commence construction of a receiving

facility on or after the date on which rules are promulgated under

subsection (1) unless the owner has a permit from the department

authorizing the construction of the receiving facility. The

application for a permit shall include a basis of design for the

receiving facility, engineering plans for the receiving facility

sealed by an engineer licensed to practice in Michigan, and any

other information required by the department. If the proposed

receiving facility will be part of a sewerage system whose

construction is required to be permitted under part 41 or a

research, development, and demonstration project whose construction

and operation is required to be permitted under section 11511b, the

permit issued under part 41 or part 115, respectively, satisfies

the permitting requirement of this subsection.

(3) Subject to subsection (4), a person shall not operate a

receiving facility contrary to an operating plan approved by the

department.

(4) If the operation of a receiving facility commenced before

~~the effective date of this section~~ October 12, 2004, subsection

(3) applies to that receiving facility beginning ~~1 year after the~~

~~effective date of this section~~ October 12, 2005.

(5) Before submitting a proposed operating plan to the

department for approval, a person shall do all of the following:

(a) Publish notice of the proposed operating plan in a

newspaper of general circulation in the area where the receiving

facility is located.

(b) If the person maintains a website, post notice of the

proposed operating plan on its website.

class mail to the county health department and the legislative body

of each city, village, and township located in whole or in part

within the service area of the ~~wastewater treatment plant to which~~

~~the~~ receiving facility. ~~is connected.~~

(6) Notice of a proposed operating plan under subsection (5)

shall contain all of the following:

(a) A statement that the receiving facility proposes to

receive or, in the case of a receiving facility described in

subsection (4), to continue to receive septage waste for treatment.

(b) A copy of the proposed operating plan or a statement where

the operating plan is available for review during normal business

hours.

of the receiving facility and the deadline for receipt of such

comments, which shall be not less than 30 days after publication,

posting, or mailing of the notice.

(7) After the deadline for receipt of comments under

subsection (6), the person proposing to operate a receiving

facility may modify the plan in response to any comments received

and shall submit a summary of the comments and the current version

of the proposed operating plan to the department for approval.

(8) The operator of a receiving facility may modify an

approved operating plan if the modifications are approved by the

department. Subsections (5) to (7) do not apply to the modification

of the operating plan.

(9) If the owner or operator of a receiving facility violates

this section or rules promulgated under this section, after

providing an opportunity for a hearing, the department may order

that a receiving facility cease operation as a receiving facility.

(10) The department shall post on its website both of the

following:

(a) Approved operating plans, including any modifications

under subsection (8).

(b) Notice of any orders under subsection (9).

(11) If construction of a receiving facility commenced before

the date on which rules are promulgated under subsection (1), all

of the following apply:

(a) Within 1 year after the date on which rules are

promulgated under subsection (1), the owner of the receiving

facility shall submit to the department and obtain department

approval of a report prepared by a professional engineer licensed

to practice in Michigan describing the receiving facility's state

of compliance with the rules and proposing any modifications to the

receiving facility necessary to comply with the rules.

(b) If, according to the report approved under subdivision

(a), modifications to the receiving facility are necessary to

comply with the rules promulgated under subsection (1), within 18

months after the report is approved under subdivision (a), the

owner of the receiving facility shall submit to the department

engineering plans for modifying the receiving facility and shall

obtain a construction permit from the department for modifying the

receiving facility.

subdivision (a), the owner of the receiving facility shall complete

construction modifying the receiving facility so that it complies

with those rules.

(12) After a hearing, the department may order that a

receiving facility whose owner fails to comply with this section

cease operating as a receiving facility.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 747.

(b) House Bill No. 5148.