Michigan Compiled Laws
368-1978-12-137 - Part 137 (333.13701...333.13741)
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.

Sec. 13717.
(1) Prior to the commencement of the construction of the disposal site, the department shall enter into a contract with an independent contractor who shall inspect and verify that the construction of the disposal site is progressing according to this part, rules promulgated under this part, and the conditions and stipulations included in the construction and operating license. The contractor hired under this subsection shall be knowledgeable in construction projects of the scope and complexity of the disposal site and shall not be associated in any business capacity with a contractor hired by the authority to construct the disposal site. A representative of the local monitoring committee for the host site community may be present during an inspection of the disposal site by the independent contractor.
(2) Prior to the commencement of the operation of the disposal site, the authority shall submit to the director a certification under the seal of a registered professional engineer who contracted with the authority verifying that the construction of the disposal site has proceeded according to the plans approved by the department and the construction and operating license. The department may require additional certification periodically during the operation of the disposal site.
(3) Following the construction of the disposal site and receipt of the certification required under subsection (2), the department and the independent contractor hired pursuant to subsection (1) shall inspect the disposal site and determine if the site complies with this part, rules promulgated under this part, and the conditions and stipulations included in the construction and operating license. The results of the inspection shall be filed in writing with the department before the operation of the disposal site is authorized, and shall be made available to the local monitoring committee of the host site community, the governing body of the county in which the host site is located, and to the public for review. The department shall assure that all deficiencies noted in the inspection shall be addressed to the satisfaction of the department prior to the commencement of the operation of the disposal site.
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.