Michigan Compiled Laws
368-1978-12-137 - Part 137 (333.13701...333.13741)
Section 333.13712 - Construction and Operating License; Application; Additional Information; Fee; License Nontransferable.

Sec. 13712.
(1) The disposal site shall not be constructed or operated in this state except upon issuance of a construction and operating license issued under this part by the director. The director shall consider only an application submitted by the authority for a construction and operating license. However, the authority may submit a license that has been prepared for the authority pursuant to a contract entered into by the authority as provided in the low-level radioactive waste authority act.
(2) An application for a construction and operating license shall contain all of the following information pertaining to the disposal site:
(a) The mailing address of the authority.
(b) The location of the host site.
(c) A hydrogeological report specifying the existing hydrogeological characteristics.
(d) A monitoring program acceptable to the department and consistent with all applicable federal and state laws and rules pertaining to the protection of the public health, safety, and welfare, and the environment.
(e) A performance assessment.
(f) Engineering plans and specifications for construction.
(g) A detailed basis for design specifications.
(h) The disposal technology.
(i) Procedures for the pre-closure monitoring.
(j) Operating procedures.
(k) A site closure and stabilization plan.
(l) A postclosure observation and maintenance plan and an institutional control plan, both of which shall contain specific provisions as to who is responsible for all aspects of monitoring, maintenance, and other procedures necessary to protect the public health, safety, and welfare, and the environment for as long as the waste is in the disposal site.
(m) Estimates of the quantities and types of wastes to be stored, treated, or disposed of at the disposal site.
(n) The personnel information necessary to assure the integrity and qualifications of the personnel hired by the authority.
(o) A contingency plan to establish the procedures to be followed in the event of a release.
(3) If any information required to be included in the application regarding a person undertaking a responsibility of the authority changes, or is supplemented after the filing of the statement, the person undertaking a responsibility of the authority shall provide that information to the department in writing, within 30 days of the change or addition.
(4) An application for a construction and operating license shall be accompanied by a nonrefundable application fee that is determined by the department to be sufficient to cover the costs of processing the application.
(5) A construction and operating license shall not be transferable from the office of the authority.
History: Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987 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.