January 26, 2016, Introduced by Rep. Kivela and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11703, 11717, and 11718 (MCL 324.11703,
324.11717, and 324.11718), as amended by 2004 PA 381.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11703. (1) An application for a septage waste servicing
license shall include all of the following:
(a) The applicant's name and mailing address.
(b) The location or locations where the business is operated,
if the applicant is engaged in the business of servicing.
(c) Written approval from all receiving facilities where the
applicant plans to dispose of septage waste.
(d) The locations of the sites where the applicant plans to
apply septage waste to land and, for each proposed site, either
proof that the applicant owns the proposed site or written approval
from the site owner.
(e) A written plan for disposal of septage waste obtained in
the winter, if the disposal will be by a method other than delivery
to a receiving facility or, subject to section 11711, application
to land.
(f) Written proof of satisfaction of the continuing education
requirements of subsection (2), if applicable.
(g) Any additional information pertinent to this part required
by the department.
(h) Payment of the septage waste servicing license fee as
provided in section 11717b.
(2)
Beginning January 1, 2007, a A
person is not eligible for
an initial servicing license unless the person has successfully
completed
not less than 10 15 hours of continuing education during
the
2-year period before applying for the license. Beginning
January
1, 2007 and until December 31, 2009, a person is not
eligible
to renew a servicing license unless the person has
successfully
completed not less than 10 hours of continuing
education
during the 2-year period preceding the issuance of the
license.
Beginning January 1, 2010, a A
person is not eligible to
renew a servicing license unless the person has successfully
completed
not less than 30 15 hours of continuing education during
the 5-year period preceding the issuance of the license.
(3) Before offering or conducting a course of study
represented to meet the educational requirements of subsection (2),
a person shall obtain approval from the department. The department
may suspend or revoke the approval of a person to offer or conduct
a course of study to meet the requirements of subsection (2) for a
violation of this part or of the rules promulgated under this part.
(4) If an applicant or licensee is a corporation, partnership,
or other legal entity, the applicant or licensee shall designate a
responsible
agent to fulfill the requirements of subsections (2)
and
(3). subsection (2). The responsible agent's name shall appear
on any license or permit required under this part.
(5) A person engaged in servicing shall maintain at all times
at his or her place of business a complete record of the amount of
septage waste that the person has transported or disposed of, the
location at which septage waste was disposed of, and any complaints
received concerning disposal of the septage waste. The person shall
also report this information to the department on an annual basis
in a manner required by the department.
(6) A person engaged in servicing shall maintain records
required under subsection (5) or 40 CFR part 503 for at least 5
years. A person engaged in servicing or an individual who actually
applies septage waste to land, as applicable, shall display these
records upon the request of the director, a peace officer, or an
official of a certified health department.
Sec. 11717. (1) There is created in the state treasury a
septage waste site contingency fund. Interest earned by the septage
waste site contingency fund shall remain in the septage waste site
contingency fund unless expended as provided in subsection (2).
(2) The department shall expend money from the septage waste
site contingency fund, upon appropriation, only to defray costs of
the
continuing education courses under section 11703 that would
otherwise be paid by persons taking the courses.
(3) The septage waste program fund is created within the state
treasury.
(4) Fees and interest on fees collected under this part shall
be
deposited in the septage waste
program fund. In addition,
promptly
after the effective date of the 2004 amendatory act that
amended
this section, the state treasurer shall transfer to the
septage
waste program fund all the money in the septage waste
compliance
fund. The state treasurer may
receive money or other
assets from any other source for deposit into the septage waste
program fund. The state treasurer shall direct the investment of
the septage waste program fund. The state treasurer shall credit to
the septage waste program fund interest and earnings from fund
investments.
(5) Money in the septage waste program fund at the close of
the fiscal year shall remain in the fund and shall not lapse to the
general fund.
(6) The department shall expend money from the septage waste
program fund, upon appropriation, only for the enforcement and
administration of this part, including, but not limited to,
compensation to certified health departments or third parties
carrying out certain powers and duties of the department under
section 11716.
Sec. 11718. (1) The department shall promulgate rules that
establish both of the following:
(a) Continuing education requirements under section
11706.11703.
(b) Design and operating requirements for receiving
facilities, as provided in section 11715b.
(2) The department may, in addition, promulgate rules that do
1 or more of the following:
(a) Add other materials and substances to the definition of
septage waste.
(b) Add enclosures to the list of enclosures in the definition
of
food establishment septage or
domestic septage waste under
section 11701 the servicing of which requires a septage waste
servicing license under this part.
(c) Specify information required on an application for a
septage waste servicing license, septage waste vehicle license, or
site permit.
(d) Establish standards or procedures for a department
declaration under section 11708 that a wastewater treatment plant
or structure is unavailable as a receiving facility because of
excessive hydraulic or organic loading, odor problems, or other
factors.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.