SB-0092, As Passed Senate, November 1, 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 92

 

 

 

 

 

 

 

 

 

 

 

     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 and

 

12102 as amended by 2001 PA 165, sections 12103 and 12112 as

 

amended by 2007 PA 75, and sections 12105 and 12107 as amended by

 

1998 PA 140, and by adding section 12102a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12101. As used in this part:

 

     (a) "Biofuel" means any renewable liquid or gas fuel offered

 

for sale as a fuel that is derived from recently living organisms

 

or their metabolic by-products and meets applicable quality

 


standards, including, but not limited to, ethanol, ethanol-blended

 

fuel, biodiesel, and biodiesel blends.

 

     (b) "Biogas" means a biofuel that is a gas.

 

     (c) (a) "Brine" means a liquid produced as a by-product of oil

 

or natural gas production or exploration.

 

     (d) (b) "Container" means any portable device in which a

 

liquid industrial waste is stored, transported, treated, or

 

otherwise handled.

 

     (e) (c) "Department" means the department of environmental

 

quality.

 

     (f) (d) "Designated facility" means a treatment facility,

 

storage facility, disposal facility, or reclamation facility that

 

receives liquid industrial waste from off-site.

 

     (g) "Director" means the director of the department.

 

     (h) (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.

 

     (i) (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.

 

     (j) (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.

 

     (k) (h) "Disposal facility" means a facility or a part of a

 

facility at which liquid industrial waste is disposed.

 

     (l) (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.

 

     (j) "Federal water pollution control act" means chapter 758,

 

86 Stat. 816, 33 U.S.C. 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.

 

     (m) (k) "Generator" means a person whose act or process

 

produces liquid industrial waste.

 

     (n) (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 to the waters of the

 

state in accordance with a permit, order, or rule 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 is not applied to the land and not used in

 

products applied to the land.

 

     (v) (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.

 

      (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.

 

      (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.

 

      (xi) A liquid waste sample transported for testing to

 

determine its characteristics or composition. The sample becomes

 

subject to this part when discarded.

 

      (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.

 

     (vi) A liquid regulated under 1982 PA 239, MCL 287.651 to

 

287.683.

 

     (vii) Material managed in accordance with section 12102a.

 

     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 facility, treatment

 

facility, storage facility, 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. 33 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 facility, storage

 

facility, 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 undergoes

 


treatment.

 

     (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. 12102a. The following materials are not liquid industrial

 

wastes when managed as specified:

 

     (a) 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, and is not applied to the land or used in products

 

applied to the land.

 

     (b) A used oil that is directly burned to recover energy or

 

used to produce a fuel if all of the following requirements are

 

met:

 

     (i) The material meets the used oil specifications of R

 

299.9809(1)(f) of the Michigan administrative code.

 

     (ii) The material contains no greater than 2 ppm

 

polychlorinated biphenyls.

 

     (iii) The material has a minimum energy content of 17,000

 

Btu/lb.

 

     (iv) 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.

 


     (c) 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.

 

     (d) A liquid waste sample transported for testing to determine

 

its characteristics or composition. The sample becomes subject to

 

this part when discarded.

 

     (e) 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:

 

     (i) The liquid is left in place at the point of generation in

 

compliance with part 31, 201, or 213.

 

     (ii) 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:

 

     (A) The disposal complies with applicable provisions of part

 

31 or 115.

 

     (B) The disposal is not to a surface water.

 

     (C) The landowner of the disposal site has authorized the

 

disposal.

 

     (f) A liquid vegetable or animal fat oil that is transported

 

directly to a producer of biofuels for the purpose of converting

 

the oil to biofuel.

 

     (g) A liquid or a sludge and associated liquid authorized to

 

be applied to land under part 31 or 115.

 

     (h) 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. The liquid residue becomes subject to this part when

 

discarded.

 

     (i) A residual amount of liquid remaining in a container and

 

generated as a result of transportation of a solid waste in that

 

container.

 

     (j) A liquid brine authorized for use as dust and ice control

 

regulated under parts 31 and 615.

 

     (k) Food processing residuals as defined in section 11503, or

 

site-separated material or source-separated material approved by

 

the department under part 115, that are decomposed for the purpose

 

of producing biogas that can be converted to energy. The

 

decomposition shall occur in a controlled manner using a closed

 

system that complies with part 55 to create and maintain anaerobic

 

conditions.

 

     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. assigned by the United States environmental

 

protection agency or the department. Until October 1, 2011, 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. 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, 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

 

facility, treatment facility, 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 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 in a vehicle managed under part 117

 

and this part 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. 42 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, by 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 regulated under part

 

111, or nonwaste other 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 hazardous waste regulated under 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 regulated under part 111, or

 

other 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. 42 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 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 either

 

assigned from the United States environmental protection agency or

 

the department. Until October 1, 2011, 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 promulgated under that part,

 

615, 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) (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.

 

     (6) (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. 42 USC 300h to

 

300h-7 300h-8, or the regulations promulgated under that act, are

 

exempt from the requirements of this section.