Michigan Compiled Laws
451-1994-II-3-111 - Part 111 Hazardous Waste Management (324.11101...324.11153)
Section 324.11103 - Definitions; G to O.

Sec. 11103.
(1) "Generation" means the act or process of producing hazardous waste.
(2) "Generator" means any person, by site, whose act or process produces hazardous waste as identified or listed pursuant to section 11128 or whose act first causes a hazardous waste to become subject to regulation under this part.
(3) "Hazardous waste" means waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material that because of its quantity, quality, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness, or may pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous waste does not include material that is solid or dissolved material in domestic sewage discharge, solid or dissolved material in an irrigation return flow discharge, industrial discharge that is a point source subject to permits under section 402 of title IV of the federal water pollution control act, chapter 758, 86 Stat. 880, 33 U.S.C. 1342, or is a source, special nuclear, or by-product material as defined by the atomic energy act of 1954, chapter 1073, 68 Stat. 919.
(4) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, recycling, and disposal of hazardous waste.
(5) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an injection well, a salt dome formation, a salt bed formation, or an underground mine or cave.
(6) "Land treatment facility" means a treatment facility or part of a treatment facility at which hazardous waste is applied onto or incorporated into the soil surface. If waste will remain after closure, a facility described in this subsection is a disposal facility.
(7) "Limited storage facility" means a storage facility that meets all of the following conditions:
(a) Has a maximum storage capacity that does not exceed 25,000 gallons of hazardous waste.
(b) Storage occurs only in tanks or containers.
(c) Has not more than 200 containers on site that have a capacity of 55 gallons or less.
(d) Does not store hazardous waste on site for more than 90 days.
(e) Does not receive hazardous waste from a treatment, storage, or disposal facility.
(8) "Manifest" means a form approved by the department used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.
(9) "Manifest system" means the system used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.
(10) "Mechanism" means a letter of credit, a financial test that demonstrates the financial strength of the company owning a treatment, storage, or disposal facility or a parent company guaranteeing financial assurance for a subsidiary, or an insurance policy that will provide funds for closure or postclosure care of a treatment, storage, or disposal facility.
(11) "Municipal solid waste incinerator" means an incinerator that is owned or operated by any person, and that meets all of the following requirements:
(a) The incinerator receives solid waste from off site and burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources, or burns this household waste together with solid waste from commercial, institutional, municipal, county, or industrial sources that, if disposed of, would not be required to be placed in a disposal facility licensed under this part.
(b) The incinerator has established contractual requirements or other notification or inspection procedures sufficient to assure that the incinerator receives and burns only waste referred to in subdivision (a).
(c) The incinerator meets the requirements of this part and the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in 40 C.F.R. 260.10.
(12) "Municipal solid waste incinerator ash" means the substances remaining after combustion in a municipal solid waste incinerator.
(13) "Municipality" means a city, village, township, or Indian tribe.
(14) "On site" means on the same or geographically contiguous property that may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. On site property includes noncontiguous pieces of property owned by the same person but connected by a right-of-way that the owner controls and to which the public does not have access.
History: 1994, Act 451, Eff. Mar. 30, 1995 Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.Popular Name: Act 451Popular Name: Hazardous Waste ActPopular Name: NREPA

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article II - Pollution Control (324.3101...324.21563)

451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118)

451-1994-II-3-111 - Part 111 Hazardous Waste Management (324.11101...324.11153)

Section 324.11101 - Meanings of Words and Phrases.

Section 324.11102 - Definitions; C to F.

Section 324.11103 - Definitions; G to O.

Section 324.11104 - Definitions; O to V.

Section 324.11105 - Generation, Disposition, Storage, Treatment, or Transportation of Hazardous Waste.

Section 324.11105a - Repealed. 2006, Act 560, Eff. Dec. 29, 2008.

Section 324.11106 - Municipal Solid Waste Incinerator Ash; Regulation.

Section 324.11107 - Methods of Hazardous Waste Management; Assistance.

Section 324.11108 - Landfill or Solidification Facility; Payment of Fee by Owner or Operator; Certain Hazardous Waste Exempt From Fees; Certification; Evaluating Accuracy of Generator Fee Exemption Certifications; Enforcement Action; Forwarding Fee R...

Section 324.11109 - Fee for Disposal of Tenorm in Landfill; Enforcement; Completed Form; Tenorm Account in the Environmental Pollution Prevention Fund; Creation; Investment; Expenditures.

Section 324.11110 - State Hazardous Waste Management Plan; Preparation; Contents; Studies; Incentives; Criteria; Notice; News Release; Public Hearings; Comments; Amendments.

Section 324.11111 - State Hazardous Waste Management Plan; Adoption or Rejection; Reason for Rejection; Return of Plan; Changing and Reconsidering Plan.

Section 324.11112 - State Hazardous Waste Management Plan; Final Decision; Adoption.

Section 324.11114 - Proposed Rules to Implement Plan.

Section 324.11115 - Permits and Licenses for Treatment, Storage, or Disposal Facility; Determination; Exception.

Section 324.11115a - Facility Subject to Corrective Action Requirements; Release of Contaminant From Waste Management Unit or Release of Hazardous Waste From Facility; Determination by Department; Consent Order; License, Permit, or Order; Contents.

Section 324.11115b - Corrective Actions; Satisfaction of Remedial Action Obligations.

Section 324.11116-324.11118 - Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.

Section 324.11118a - Multisource Commercial Hazardous Waste Disposal Well; Definition; Maintenance of Treatment and Storage Facility; Operating License Required; Business Plan; Applicability of Subsection (3).

Section 324.11119, 324.11120 - Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.

Section 324.11121 - Effect of Local Ordinance, Permit Requirement, or Other Requirement.

Section 324.11122 - Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.

Section 324.11123 - Operating License; Contents of Applications; Schedule for Submitting Operating License Application; Time Period for Submitting Complete Operating License Application; Conditions for Operating Storage Facility Until Application App...

Section 324.11124 - Inspection of Site; Determination of Compliance; Filing and Review of Inspection Report.

Section 324.11125 - Duties of Department Upon Receipt of Operating License Application; Establishment of Operating License Condition; Final Decision on Operating License Application; Public Hearing; Notice; Time; Extension of Deadline; Stipulations;...

Section 324.11126 - Coordinating and Integrating Provisions of Act; Extent.

Section 324.11126a - Fee Schedule; Report.

Section 324.11127 - Rules Generally; Exemption; Effect of Amendment to Part or Rules, or Changes in Definitions.

Section 324.11128 - Rules Listing Hazardous Waste and Other Criteria; Revision; Removing Certain Materials From List; Public Hearings; Construction of Part, Rules, and List.

Section 324.11129 - Information as Public Record; Confidential Information; Notice of Request for Information; Demonstration by Person Regulated; Granting or Denying Request; Certain Data Not Confidential; Release of Confidential Information.

Section 324.11130 - Environmental Pollution Prevention Fund; Creation; Receipt and Disposition of Assets; Investment; Administration.

Section 324.11132 - Disposal of Certain Technologically Enhanced Naturally Occurring Radioactive Material (Tenorm) in Landfill Prohibited; Request for Renewal or Modification of Operating License for Disposal of Tenorm; Requirements; Monitoring Progr...

Section 324.11132a - Transporter; Duties; Inspection; Establishment of Standards and Requirements by Rule.

Section 324.11133 - Hazardous Waste Transporter Business License; Revocation.

Section 324.11134 - Municipality or County; Prohibited Conduct.

Section 324.11135 - Manifest; Submission of Copy to Department; Certification; Specified Destination; Determining Status of Specified Waste; Exception Report; Retention Period for Copy of Manifest; Extension.

Section 324.11136 - Certifying Acceptance of Waste for Transportation; Delivery of Hazardous Waste and Manifest; Period for Keeping Copy of Manifest; Review and Inspection of Manifest; Extension of Retention Period.

Section 324.11137 - Accepting Delivery of Hazardous Waste; Condition; Duties of Owner or Operator.

Section 324.11138 - Generator of Hazardous Waste; Duties; Records; Report.

Section 324.11139 - Condition of Obtaining Operating License for Disposal Facility; Condition of Obtaining Operating License for Landfill.

Section 324.11140 - Closure and Postclosure Monitoring and Maintenance Plan; Submission; Contents; Rules.

Section 324.11141 - Cost of Closing and Postclosure Monitoring and Maintenance of Facility; Methods of Assurance; Amount; Periodic Adjustment; Violation.

Section 324.11143 - Hazardous Waste Service Fund; Creation; Financing; Uses of Fund; Administration; Expenditures; Expenses; Rules.

Section 324.11144 - Inspection; Filing Report for Licensed Facility; Complaint or Allegation; Record; Investigation; Report; Notice of Violation or Emergency Situation.

Section 324.11145 - Administration and Enforcement of Part by Certified Health Department; Certification Procedures; Rescission of Certification; Annual Grant; Costs; Rules.

Section 324.11146 - Request for Information and Records; Purpose; Court Authorization; Inspection; Samples; Probable Cause as to Violation; Search and Seizure; Forfeiture.

Section 324.11147 - Violation as Misdemeanor; Penalty; Appearance Ticket.

Section 324.11148 - Imminent and Substantial Hazard to Health; Endangering or Causing Damage to Public Health or Environment; Actions by Director; Determination.

Section 324.11149 - Tearing Down, Removing, or Destroying Sign or Notice as Misdemeanor; Penalty.

Section 324.11150 - Order of Noncompliance; Order Suspending or Restricting License of Facility.

Section 324.11151 - Violation of Permit, License, Rule, or Part; Order Requiring Compliance; Civil Action; Jurisdiction; Imposition, Collection, and Disposition of Fine; Conduct Constituting Misdemeanor; Penalty; State of Mind and Knowledge; Affirmat...

Section 324.11152 - Interstate and International Cooperation; Purpose.

Section 324.11153 - Site Identification Number; User Charges; Violations; Maintenance of Information; Summary of Findings; Report; Definitions.