Michigan Compiled Laws
368-1978-12-137 - Part 137 (333.13701...333.13741)
Section 333.13731 - Processor's Permit; Identification Number; Requirements; Conditions; Validity; Issuance or Renewal; Application; Nontransferable; Applicability; Fee; Modification of Permit; Administrative Costs.

Sec. 13731.
(1) Except as otherwise provided in section 13726(2), a person shall not process waste in this state after the issuance of a construction and operating license for a disposal site under this part unless the person holds a processor's permit issued under this section or issued in a state that has been granted equivalent privileges in this state under section 13724. The department shall assign an identification number to each processor who is issued a permit or who has equivalent privileges in this state pursuant to section 13724.
(2) A processor's permit shall include requirements as provided in this part, and in any rules promulgated under this part, in the low-level radioactive waste authority act, and conditions that are equivalent to applicable federal requirements. Other conditions as necessary and provided by law may be imposed after the department has submitted to the governor and the legislature the written recommendations required under section 13707(2). A processor's permit is valid for 3 years after the date of issuance.
(3) Upon receipt of the application and fee in subsection (6), the department shall issue or renew a processor's permit if it determines that the processor meets the requirements of this part.
(4) An application for a processor's permit shall contain information required by the department to implement and enforce this part, including all of the following information:
(a) The estimated quantities and types of waste to be processed.
(b) The procedures and methods to be used for responding to the release of waste, including an analysis of the potential pathways for a release of waste to the environment and the potential impact of such a release.
(c) The location and use of storage and transfer facilities, if any.
(5) A processor's permit shall not be transferable, and shall state with particularity the persons and real or personal property to which it applies.
(6) Each person who submits an application for a processor's permit or permit renewal under this section shall pay a permit application fee of $500.00.
(7) If a processor requests modification of a processor's permit, or if the director determines that modifications are necessary to conform to the requirements of this part, the director may invoke permit modifications which the director considers necessary and may specify the time required to complete the modifications. The director may prescribe a fee not to exceed $500.00 for administrative costs associated with the processing of a modification to a processor permit.
History: Add. 1987, Act 203, Imd. Eff. Dec. 22, 1987 ;-- Am. 1994, Act 435, Imd. Eff. Jan. 6, 1995 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.