Michigan Compiled Laws
451-1994-II-3-111 - Part 111 Hazardous Waste Management (324.11101...324.11153)
Section 324.11104 - Definitions; O to V.

Sec. 11104.
(1) "Operator" means the person responsible for the overall operation of a disposal, treatment, or storage facility with approval of the department either by contract or license.
(2) "Site identification number" means a number that is assigned by the United States Environmental Protection Agency or the United States Environmental Protection Agency's designee to each generator, each transporter, and each treatment, storage, or disposal facility. If the generator or transporter or the treatment, storage, or disposal facility manages wastes that are hazardous under this part and the rules promulgated under this part but are not hazardous under the solid waste disposal act, site identification number means an equivalent number that is assigned by the department.
(3) "Solid waste" means that term as it is defined in part 115.
(4) "Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.
(5) "Storage facility" means a facility or part of a facility where managed hazardous waste, as defined by rule, is subject to storage. A generator who accumulates managed hazardous waste, as defined by rule, on site in containers or tanks for less than 91 days or a period of time prescribed by rule is not a storage facility.
(6) "Surface impoundment" or "impoundment" means a treatment, storage, or disposal facility or part of a treatment, storage, or disposal facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Surface impoundments include, but are not limited to, holding, storage, settling, and aeration pits, ponds, and lagoons.
(7) "Technologically enhanced naturally occurring radioactive material" or "TENORM" means naturally occurring radioactive material whose radionuclide concentrations have been increased as a result of human practices. TENORM does not include any of the following:
(a) Source material, as defined in section 11 of the atomic energy act of 1954, 42 USC 2014, and its progeny in equilibrium.
(b) Material with concentrations of radium-226, radium-228, and lead-210 each less than 5 picocuries per gram.
(8) "The solid waste disposal act" means title II of Public Law 89-272.
(9) "Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water.
(10) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, to neutralize the waste, to recover energy or material resources from the waste, or to render the waste nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable to recovery, amenable to storage, or reduced in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.
(11) "Treatment facility" means a facility or part of a facility where managed hazardous waste, as defined by rule, is subject to treatment.
(12) "Updated plan" means the updated state hazardous waste management plan prepared under section 11110.
(13) "Vehicle" means a transport vehicle as defined in 49 CFR 171.8.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1998, Act 139, Eff. Sept. 1, 1998 ;-- Am. 2001, Act 165, Imd. Eff. Nov. 7, 2001 ;-- Am. 2018, Act 688, Eff. Mar. 28, 2019 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.