Michigan Compiled Laws
368-1978-12-137 - Part 137 (333.13701...333.13741)
Section 333.13703 - Definitions; G to M.

Sec. 13703.
(1) "Generator" means any person licensed as a generator by the nuclear regulatory commission and authorized pursuant to this part whose act or process results in the production of waste or whose act first causes waste to become subject to regulation under this part or federal law.
(2) "Groundwater" means water below the land surface in a zone of saturation.
(3) "Hazardous waste" has the meaning attributed to it in part 111 (hazardous waste management) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.11101 to 324.11152 of the Michigan Compiled Laws.
(4) "Host site" means the candidate site that is designated by the authority as the location for the disposal site in this state.
(5) "Host site community" means the municipality that is designated by the authority as the host site.
(6) "Institutional control" means the continued surveillance, monitoring, and care of the disposal site after site closure and stabilization to insure the protection of the public health, safety, and welfare, and the environment until the contents of the disposal site no longer have a radioactive content that is greater than the natural background radiation of the host site as determined during its site characterization.
(7) "Local monitoring committee" means a committee established pursuant to the low-level radioactive waste authority act to provide for the participation of the residents of a candidate site community.
(8) "Low-level radioactive waste" or "waste" means radioactive material that consists of or contains class A, B, or C radioactive waste as defined by 10 C.F.R. 61.55, as in effect on January 26, 1983 but does not include waste or material that is any of the following:
(a) Owned or generated by the department of energy.
(b) Generated by or resulting from the operation or closure of a superconducting super collider.
(c) Owned or generated by the United States navy as a result of the decommissioning of vessels of the United States navy.
(d) Owned or generated as a result of any research, development, testing, or production of an atomic weapon.
(e) Identified under the formerly utilized sites remedial action program.
(f) High-level radioactive waste, spent nuclear fuel, or byproduct material as defined in section 11(e)(2) of the atomic energy act of 1954, chapter 1073, 68 Stat. 922, 42 U.S.C.2014.
(g) Contains greater than or equal to 100 nanocuries per gram of transuranic elements.
(h) Contains concentrations of radionuclides that exceed the limits established by the nuclear regulatory commission for class C radioactive waste as defined by 10 C.F.R. 61.55, as in effect on January 26, 1983.
(i) Classified as naturally occurring or accelerator-produced radioactive materials known as N.A.R.M. waste.
(j) Waste that after the effective date of this part is determined by the nuclear regulatory commission to be waste that is beneath regulatory concern, or B.R.C. waste as defined by the nuclear regulatory commission, unless the department and the authority concur with this designation.
(9) "Low-level radioactive waste management fund" or "fund" means the fund created in section 20 of the low-level radioactive waste authority act, Act No. 204 of the Public Acts of 1987, being section 333.26220 of the Michigan Compiled Laws.
(10) "Management" means the collection, storage, packaging, processing, transportation, or disposal, where applicable, of low-level radioactive waste.
(11) "Manifest" means a form provided or approved by the department that is used for identifying the quantity; composition, including the class, curie count, and radioactive nuclides; origin; routing; and destination of waste from the point of generation to the point of processing, collection, or disposal.
History: Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987 ;-- Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996 Compiler's Notes: For transfer of powers and duties of radioactive materials program from department of health and human services to department of health and human services, see E.R.O. No. 2017-3, compiled at MCL 333.26254.Popular Name: Act 368

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 333 - Health

Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)

Article 12 - Environmental Health (333.12101...333.13832)

368-1978-12-137 - Part 137 (333.13701...333.13741)

Section 333.13701 - Meanings of Words and Phrases.

Section 333.13702 - Definitions; a to H.

Section 333.13703 - Definitions; G to M.

Section 333.13704 - Definitions; M to S.

Section 333.13705 - Regulatory Responsibility.

Section 333.13706 - Implementation and Enforcement of Part; Coordination of Regulatory Activities; Consultation, Cooperation, and Assistance.

Section 333.13707 - Review and Recommendations; Conflicting Laws and Rules.

Section 333.13708 - Duties of Director or Director's Designee.

Section 333.13709 - Compliance; Disposal of Waste; Full Agreement State Status; Waiver; Acceptance of Waste for Disposal.

Section 333.13710 - Minimum Criteria for Design, Construction, and Operation of Disposal Site.

Section 333.13711 - Licensing Requirements for Design, Construction, and Operation of Disposal Site.

Section 333.13712 - Construction and Operating License; Application; Additional Information; Fee; License Nontransferable.

Section 333.13713 - Application for Construction and Operating License; Additional Information; Nullification of Contract; Supplementing and Keeping Current Information.

Section 333.13714 - Surety Bond, Secured Trust Fund, or Other Suitable Secured Instrument or Mechanism.

Section 333.13715 - Financial Responsibility.

Section 333.13716 - Duties of Department; Issuance or Denial of License; Consultation; Cooperation; Assistance; Exemption; Effect of Local Requirements.

Section 333.13717 - Independent Contractor; Inspecting and Verifying Construction of Disposal Site; Qualification of Contractor; Certification; Compliance; Filing and Availability of Inspection Results; Addressing Deficiencies.

Section 333.13718 - Temporary or Permanent Closure of Disposal Site; Reopening.

Section 333.13719 - Release of Waste or Hazardous Waste; Remedial Action; Site Closure and Stabilization; Cost.

Section 333.13720 - Site Closure and Stabilization; Control; Cost; Rules; Surveillance and Maintenance of Disposal Site.

Section 333.13721 - Amendment to Construction and Operating License.

Section 333.13721a - Disposal Shipment Registration System; Validity and Contents of Approved Disposal Shipment Certificate; Application for Certificate; Duty of Generator, Processor, or Collector; Duty of Carrier; Approval or Denial of Application f...

Section 333.13722 - Manifest; Duties of Authority Accepting Waste at Disposal Site.

Section 333.13723 - Operation of Disposal Site; Inspection of Shipment; Refusal to Accept Waste; Return of Waste; Seizure and Impoundment of Vehicle and Contents; Imposition of Surcharges; Notice; Unloading; Requirements as to Transport Vehicle; Info...

Section 333.13724 - Compact Member States; List of Generators, Carriers, Processors, and Collectors; State Laws and Rules; Valid Permits; Permitting and Regulatory System; Permission to Receive Waste; Equivalent Privileges; Expenses; Liabilities; Pri...

Section 333.13725 - Generator's Permit; Identification Number; Requirements; Conditions; Validity; Issuance or Renewal; Application; Nontransferable; Applicability; Fee; Modification of Permit; Administrative Costs; Automatic Issuance of Permit.

Section 333.13726 - Duties of Generator; Generator Acting as Carrier, Collector, or Processor.

Section 333.13727 - Carrier's Permit; Identification Number; Requirements; Conditions; Validity; Issuance or Renewal; Application; Registration and Inspection of Vehicle; Inspection Fee; Vehicle Tag; Permit Nontransferable; Applicability; Application...

Section 333.13728 - Manifest as Condition to Transporting of Waste by Carrier; Certification; Contents; Delivery; Retaining Copy of Manifest; Forwarding Copy of Manifest.

Section 333.13729 - Collector's Permit; Identification Number; Requirements; Conditions; Validity; Issuance or Renewal; Application; Nontransferable; Applicability; Fee; Modification of Permit; Administrative Costs.

Section 333.13730 - Manifest as Condition to Collector Accepting Delivery of Waste; Certification; Contents; Transfer; Retaining Copy of Manifest; Forwarding Copy of Manifest.

Section 333.13731 - Processor's Permit; Identification Number; Requirements; Conditions; Validity; Issuance or Renewal; Application; Nontransferable; Applicability; Fee; Modification of Permit; Administrative Costs.

Section 333.13732 - Manifest as Condition to Processor Accepting Delivery of Waste; Certification; Contents; Transportation of Waste; Forwarding Copy of Certified Manifest to Generator; Retaining Copy of Manifest; Preparation of Manifest; Compliance;...

Section 333.13733 - Condition to Possession of Waste; Data as Public Information.

Section 333.13734 - Implied Consent; Due Process Rights; Surety Bond, Secured Trust Fund, or Other Secured Instrument or Mechanism; Reimbursement of Costs Resulting From Violation; Conduct Constituting Violation.

Section 333.13735 - Notice of Release of Waste; Report.

Section 333.13736 - Sanctions for Negligence or Failure to Exercise Due Care; Grounds for Suspending, Revoking, Annulling, Withdrawing, Recalling, or Cancelling License or Permit; Order; Procedures, Hearings, Oaths, Subpoenas, and Testimony; Books, P...

Section 333.13737 - Action to Restrain, Enjoin, Prevent, or Correct Violation; Rules Adopting Schedule of Monetary Civil Fines.

Section 333.13738 - Order Requiring Compliance or Remedial Action; Emergency Order; Civil Action; Venue; Civil Fine; Violation as Misdemeanor or Felony; Penalty; “State of Mind”; “Placing Person in Imminent Danger of Death or Serious Bodily Injury”;...

Section 333.13739 - Action for Injunction; Noncompliance by Department.

Section 333.13740 - Disposition of Receipts From Civil Fines and Fees; Appropriations; Construction of Section; Expenditures Required as Result of Release.

Section 333.13741 - Lawful Activity Not Prohibited or Restricted.