SB-0959, As Passed Senate, June 3, 2014
May 27, 2014, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 12103, 12109, and 12112 (MCL 324.12103,
324.12109, and 324.12112), as amended by 2013 PA 73.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12103. (1) A generator shall do all of the following:
(a) Characterize the waste in accordance with section 12101(n)
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. Until October 1, 2014, the 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.
(c) If transporting liquid industrial waste, other than the
generator's own waste, 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 for each shipment of liquid industrial
waste transported to a designated facility. The department may
authorize the use of a consolidated manifest for a single shipment
of uniform types of waste collected from multiple waste pickups. If
a consolidated manifest 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 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) When the transporter picks up liquid industrial waste,
certify that the information contained on the manifest is factual
by signing the manifest. This certification shall 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 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 operates an on-site reclamation facility,
treatment facility, or disposal facility shall keep records of all
liquid
waste produced and reclaimed, treated, or disposed of at his
or
her 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.
(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. 12109. (1) A liquid industrial waste transporter shall
certify acceptance of waste for transportation by completing the
transporter section of the manifest, and shall deliver the liquid
industrial waste and accompanying manifest only to the designated
facility specified by the generator on the manifest.
(2) The liquid industrial waste transporter shall retain all
records
required pursuant to 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.
(3) The department may authorize, for certain waste streams,
the use of a consolidated manifest as authorized under section
12103(1)(d). If a consolidated manifest 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 removed, the consolidated manifest 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 ,
at a minimum, for the current
shipment in
transportation and retain these records as specified in subsection
(2).
(c) Obtain and utilize a site identification number assigned
by the United States environmental protection agency or the
department.
Until October 1, 2014, the 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.
Sec. 12112. (1) Except as provided in section 12103(4), 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 assigned
by the United States environmental protection agency or the
department.
Until October 1, 2014, the 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 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).
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 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) 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.