Michigan Compiled Laws
451-1994-II-3-111 - Part 111 Hazardous Waste Management (324.11101...324.11153)
Section 324.11127 - Rules Generally; Exemption; Effect of Amendment to Part or Rules, or Changes in Definitions.

Sec. 11127.
(1) The department shall submit to the legislature, after consultation with the department of public health, rules necessary to implement and administer this part. The rules required to be submitted by this subsection shall include, but not be limited to, requirements for generators, transporters, and treatment, storage, and disposal facilities.
(2) The department may promulgate rules that exempt certain hazardous wastes and certain treatment, storage, or disposal facilities from all or portions of the requirements of this part as necessary to obtain or maintain authorization from the United States environmental protection agency under the solid waste disposal act, or upon a determination by the department that a hazardous waste or a treatment, storage, or disposal facility is adequately regulated under other state or federal law and that scientific data supports a conclusion that an exemption will not result in an impairment of the department's ability to protect the public health and the environment. However, an exemption granted pursuant to this subsection shall not result in a level of regulation less stringent than that required under the solid waste disposal act.
(3) If an amendment to this part or the rules promulgated under this part subjects a person to a new or different licensing requirement of this part, the department shall promulgate rules to facilitate orderly and reasonable compliance by that person.
(4) Changes in the definition of hazardous waste contained in section 11103 and the definition of treatment contained in section 11104 effected by the 1982 amendatory act that amended former Act No. 64 of the Public Acts of 1979 do not eliminate any exemption provided to any hazardous waste or to any treatment, storage, or disposal facility under administrative rules promulgated under former Act No. 64 of the Public Acts of 1979 before March 30, 1983. However, these exemptions may be modified or eliminated by administrative rules promulgated after March 30, 1983 under former Act No. 64 of the Public Acts of 1979 or under this part in order that the state may obtain authorization from the United States environmental protection agency under the solid waste disposal act, or to provide adequate protection to the public health or the environment.
History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: Hazardous Waste ActPopular Name: NREPAAdmin Rule: R 299.9101 et seq. of the Michigan Administrative Code.

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.