MCL - Index of 451-1994-II-3

NOTE: Dates reflect any modification to item, not necessarily a change in law.
Title Subject
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Section 324.11105a Repealed. 2006, Act 560, Eff.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 revenue and completed form; reduction in hazardous waste generated or disposed; refund; disposition of fees; environmental pollution prevention fund.
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Section 324.11116-324.11118 Repealed. 2010, Act 357, Imd.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 approved or denied; placement on department-organized mailing list; fee.
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; operation not prohibited by local ordinance, permit, or other requirement; changes or additions to disclosure statement; denial of application; modification or revocation of operating license; conditions; postconstruction documentation.
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 program; report; maintenance of records.
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; affirmative defense; preponderance of evidence; definition; action for damages and costs; disposition and use of damages and costs collected; awarding costs of litigation; intervention.
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.
451-1994-II-3-113 PART 113 LANDFILL MAINTENANCE TRUST FUND (324.11301...324.11304)
Section 324.11301 Definitions.
Section 324.11302 Landfill maintenance trust fund; creation; separate fund; revenue.
Section 324.11303 Expenditure of interest and earnings of fund; manner of maintaining corpus of fund.
Section 324.11304 Investment of fund.
451-1994-II-3-115 PART 115 SOLID WASTE MANAGEMENT (324.11501...324.11587)
451-1994-II-3-115-1 SUBPART 1 GENERAL AND DEFINITIONS (324.11501...324.11508)
Section 324.11501 Meanings of words and phrases.
Section 324.11502 Definitions; A to C.
Section 324.11503 Definitions; D to G.
Section 324.11504 Definitions; H to P.
Section 324.11505 Definitions; R, S.
Section 324.11506 Definitions; S to Y.
Section 324.11507 Recycling and reuse of materials; optimizing recycling opportunities; policies, practices, and benchmark recycling standards; development of methods for disposal of solid waste; construction and administration of Part 115; disposal, storage, or transportation of solid waste; compliance with Part 115.
Section 324.11507a Solid waste management program; certification; grounds for rescission of certification.
Section 324.11508 Operation of materials management facility; requirements; registration application.
451-1994-II-3-115-2 SUBPART 2 DISPOSAL AREAS (324.11509...324.11521)
Section 324.11509 Construction permit for establishment of disposal area; application; engineering plan; construction permit application fees; resubmission of application with additional information and fee; modification or renewal of permit; single permit multiple types of disposal areas; disposition of fees; approval of new type II landfill; restrictions; "contiguous" defined.
Section 324.11510 Advisory analysis of proposed disposal area; duties of department upon receipt of construction permit application.
Section 324.11511 Construction permit; approval or denial of issuance; expiration; renewal; fee.
Section 324.11511a Coal ash landfill, coal ash impoundment, or lateral expansion of landfill or impoundment; standard and location requirements; construction permit; detection monitoring program.
Section 324.11511b RDDP; research, development, and demonstration project.
Section 324.11512 Disposal of solid waste at licensed disposal area; license required to conduct, manage, maintain, or operate disposal area; application; contents; fee; certification; resubmitting application; additional information or corrections; operation of incinerator without operating license; additional fees; operation of coal ash landfill and coal ash impoundment; application; fees; public notice and meeting; hydrogeologic monitoring program; annual report.
Section 324.11512a Issuance of license for coal ash landfill or a coal ash impoundment; requirements.
Section 324.11512b Active gas collection and control system; prevention of the migration of explosive gases; system requirements; compliance with gas migration monitoring plan; alternative gas venting.
Section 324.11512d Installation of monitoring port; sampling of gas extractions for effectiveness; surface monitoring design plan; submission and retention of records.
Section 324.11512f Type II landfill; revised engineering plans; compliance requirements; report.
Section 324.11512h Schedule for operating and monitoring an active gas collection and control system; surface emission scans.
Section 324.11513 Operation of solid waste processing and transfer facility; notification and reporting requirements; registration application; applicability to existing operations.
Section 324.11514 Materials prohibited from disposal in landfill; disposal of yard clippings; notice of prohibitions; report.
Section 324.11514b Disposal of certain technologically enhanced naturally occurring radioactive material (TENORM) in type II landfill prohibited; annual report; disposal requirements; TENORM defined.
Section 324.11515 Inspection of site; compliance with part 115 as condition of eligibility for permit, license, or registration; written inspection report; authorized representative defined.
Section 324.11516 Final decision on license application; expiration and renewal of operating license; issuance of license as authority to accept waste for disposal; final exterior landfill slope requirements.
Section 324.11517 Approval of closure certification and postclosure plan; modification of postclosure care period; release from postclosure care; duties of owner or operator.
Section 324.11518 Landfill and coal ash impoundment; instrument imposing restrictive covenant on land; filing; contents of covenant; authorization; exemption; construction of part 115.
Section 324.11519 Specifying reasons for denial of permit, operating license, or registration; cease and desist order; grounds for order revoking, suspending, or restricting permit, license, or registration; contested case hearing; violation or inconsistency; summary suspension of permit or license; judicial review.
Section 324.11519a Duties of owner or operator of a coal ash impoundment or a coal ash landfill; compliance with federal regulations; assessment.
Section 324.11519b Placement of coal ash and associated liquids; assessment monitoring program; response action plan; closure of facility.
Section 324.11519c Groundwater contamination in unlined coal ash impound; owner or operator duties; "unlined coal ash impoundment" defined.
Section 324.11520 Disposition of fees; special fund; disposition of solid waste on private property.
451-1994-II-3-115-3 SUBPART 3 WASTE DIVERSION CENTERS (324.11521b...324.11522)
Section 324.11521 Repealed. 2022, Act 245, Eff. Mar. 29, 2023.
Section 324.11521b Operator of waste diversion center; duties; requirements; rejection of diverted waste.
Section 324.11522 Repealed. 2022, Act 245, Eff. Mar. 29, 2023.
451-1994-II-3-115-4 SUBPART 4 FINANCIAL ASSURANCE (324.11523...324.11525f)
Section 324.11523 Financial assurance; bond requirements; interest; termination; noncompliance with closure and postclosure monitoring and maintenance requirements; expiration or cancellation notice; effect of bankruptcy action; alternate financial assurance; risk pooling financial mechanism.
Section 324.11523a Operation of landfill subject to MCL 324.11523(1)(b).
Section 324.11523b Trust fund or escrow account.
Section 324.11524 Repealed. 2013, Act 250, Imd. Eff. Dec. 26, 2013.
Section 324.11525 Perpetual care fund; applicability.
Section 324.11525a Owner or operator of landfill or coal ash impoundment; surcharge; payment of surcharge; deposit.
Section 324.11525b Continuous financial assurance coverage required; request for termination of financial assurance requirements.
Section 324.11525d Landfill care fund; applicability; liability under part 115; cause of action.
Section 324.11525f Establishment and approval of other bonds.
451-1994-II-3-115-5 SUBPART 5 MISCELLANEOUS (324.11526...324.11538)
Section 324.11526 Inspection of managed materials transporting unit; determination; administration; inspections.
Section 324.11526a Solid waste generated out of state; acceptance by owner or operator of landfill prohibited; exceptions; disposal capacity.
Section 324.11526b Compliance with MCL 324.11526b required; notice requirements; compilation of list; documentation.
Section 324.11526c Order restricting or prohibiting solid waste transportation or disposal in this state.
Section 324.11526e Disposal of municipal solid waste generated outside of United States; applicability of subsections (1) and (2).
Section 324.11527 Delivery of waste to licensed disposal area or solid waste processing and transfer facility; hauler recycling services.
Section 324.11527a Website listing materials prohibited from disposal; notice to customers.
Section 324.11528 Managed materials transporting unit; watertight; construction, maintenance, and operation; ordering unit out of service.
Section 324.11529 Repealed. 2022, Act 247, Eff. Mar. 29, 2023.
Section 324.11530 Collection center for junk motor vehicles and farm implements; competitive bidding; bonds; “collect” defined.
Section 324.11531 Solid waste removal; frequency; disposal; ordinance.
Section 324.11532 Impact fees; agreement; collection, payment, and disposition; reduction; use of revenue; trust fund; board of trustees; membership and terms; expenditures from trust fund.
Section 324.11533 Promulgation of rules for implementation of part 115.
Section 324.11534-324.11538 Repealed. 2022, Act 247, Eff. Mar. 29, 2023.
451-1994-II-3-115-6 SUBPART 6 INCINERATORS AND OPEN BURNING (324.11539...324.11545)
Section 324.11539 Open burning of yard waste or leaves; prohibition; effect of local ordinance and part 55; open burning of household waste, materials; application of subpart 7; violations and penalties; open burning of certain storage bins; disposal of unserviceable flag.
Section 324.11539a Repealed. 2022, Act 247, Eff. Mar. 29, 2023.
Section 324.11540 Incinerator operator or owner; compliance with permit and license requirements of subpart 2.
Section 324.11540a Repealed. 2010, Act 345, Eff. Mar. 1, 2011.
Section 324.11541 Municipal solid waste incinerator; materials management plan; implementation schedule.
Section 324.11542 Municipal solid waste incinerator ash; disposal.
Section 324.11543 Municipal solid waste incinerator ash; transportation.
Section 324.11544 List of laboratories capable of performing test provided for in MCL 324.11542; compilation; publication; definitive testing; fraudulent or careless testing.
Section 324.11545 Incineration of used oil prohibited; “oil” defined.
451-1994-II-3-115-7 SUBPART 7 ENFORCEMENT (324.11546...324.11549)
Section 324.11546 Action for appropriate relief; penalties for violation or noncompliance; restoration; return; civil action.
Section 324.11547, 324.11548 Repealed. 2022, Act 247, Eff. Mar. 29, 2023.
Section 324.11549 Violation as misdemeanor; violation as felony; penalty; separate offenses.
451-1994-II-3-115-8 SUBPART 8 FUNDS AND GRANTS (324.11550...324.11550)
Section 324.11550 Solid waste management fund; creation; deposit of money into fund; establishment of solid waste staff account and perpetual care account; expenditures; grants and loans for recycling programs; report; coal ash care fund; creation; deposit of money; expenditures.
451-1994-II-3-115-9 SUBPART 9 BENEFICIAL USE BY-PRODUCTS (324.11551...324.11554)
Section 324.11551 Beneficial use by-product; qualification; requirements; analysis of representative sample by initial generator; determination; storage and use; beneficial uses 1 and 2 at and along roadways; registration or licensure under MCL 290.531 to 290.538; submission of information; open dumping; notice to prospective transferee.
Section 324.11551a Beneficial use by-product not required.
Section 324.11552 Notice; report; confidentiality.
Section 324.11553 Promoting and fostering use of wastes and by-products for recycling or beneficial purposes; approval of material, use, or material and use; request; approval or denial by department; determination made prior to September 16, 2014; applicability to material used under part 115.
Section 324.11554 Administration and enforcement of part 115.
451-1994-II-3-115-10 SUBPART 10 MATERIALS UTILIZATION FACILITIES (324.11555...324.11569)
Section 324.11555 Management of compostable materials; temporary accumulation of yard waste; composting on a farm; composting facility; location requirements; list of composting facilities.
Section 324.11556 Class 1 and 2 compostable materials; composting of dead animals.
Section 324.11557 Location of composting facilities; notification requirements near airport.
Section 324.11558 Large class 1 composting facilities; owner or operator responsibilities; separation of class 2 compostable materials.
Section 324.11560 Annual report.
Section 324.11561 Characterization of finished compost; use of compost; approval by department.
Section 324.11562 Petition for classification; pilot composting project; testing parameters.
Section 324.11563 Sale of general use compost; labeling requirements; management of restricted use compost.
Section 324.11564 Testing of finished compost; compliance.
Section 324.11565 General use parameters for compost.
Section 324.11567 Creation of soil-like product; blending requirements; gypsum drywall.
Section 324.11568 Materials utilization facility; reporting and compliance requirements; anaerobic digester; application; approval; fees.
Section 324.11569 Materials utilization facilities; site map and operations plan; final closure plan; notification requirements.
451-1994-II-3-115-11 SUBPART 11 MATERIALS MANAGEMENT PLANS (324.11571...324.11587)
Section 324.11571 Approved materials management plan (MMP); county approval; notification of intent; requirements; time period; county approval agency (CAA); duties; electronic mail.
Section 324.11572 Planning committee; membership; terms.
Section 324.11573 Planning committee; responsibilities.
Section 324.11574 Designated planning agency (DPA); responsibilities; copies; revisions; formal action.
Section 324.11575 Approval or rejection of materials management plan; deadline and extension; implementation of final plan.
Section 324.11576 Amending a materials management plan; procedures; permissible changes without amendment.
Section 324.11577 Materials management plan goals.
Section 324.11578 Materials management plan requirements.
Section 324.11579 Materials management plan; siting process; exception.
Section 324.11580 Preparation of materials management plan by the department; requirements.
Section 324.11581 Implementation of materials management plan; funding mechanisms.
Section 324.11582 County approval agency; certification of materials management goals; eligibility for assistance.
Section 324.11583 Enforceability of certain local and state laws.
Section 324.11584 Flow of solid waste or managed material; control requirements; departmental duties; database.
Section 324.11585 Disposal area or materials utilization facility; consistency with materials management plan; captive type III landfill; independent evaluation; coal ash.
Section 324.11586 State solid waste management plan.
Section 324.11587 Materials management planning grant program.
451-1994-II-3-117 PART 117 SEPTAGE WASTE SERVICERS (324.11701...324.11721)
Section 324.11701 Definitions.
Section 324.11702 Septage waste licensing; requirement.
Section 324.11703 Septage waste servicing license; application; eligibility; records.
Section 324.11704 Septage waste vehicle license; application; display; transportation of hazardous waste or liquid industrial by-product.
Section 324.11705 Septage waste vehicle, tank, and accessory equipment; requirements.
Section 324.11706 Review of applications; providing health department with copies of application materials; investigations; issuance of license; license nontransferable; duration of license.
Section 324.11707 Display on both sides of septage waste vehicle.
Section 324.11708 Disposal of septage waste at receiving facility; fee; order prohibiting operation of wastewater treatment plant.
Section 324.11709 Disposal of septage waste on land; permit required; additional information; notice; renewal; revocation of permit.
Section 324.11710 Requirements to which permit subject.
Section 324.11711 Surface application of septage waste to frozen ground; requirements.
Section 324.11712 Applicability of federal regulations.
Section 324.11713 Inspection of disposal site.
Section 324.11714 Prohibited disposition of septage waste into certain bodies of water.
Section 324.11715 Preemption; duty of governmental unit to make available public septage waste receiving facility; posting of surety.
Section 324.11715b Rules; requirements for receiving facilities and control of nuisance conditions; notice of operation; penalties for noncompliance.
Section 324.11715d Advisory committee to make recommendations on septage waste storage facility management practices.
Section 324.11716 Certification of city, county, and district departments of health to carry out powers and duties.
Section 324.11717 Septage waste site contingency fund; creation; authorization of expenditures.
Section 324.11717b Fees for persons engaged in septage waste servicing.
Section 324.11718 Rules.
Section 324.11719 Violation or false statement as misdemeanor; penalties.
Section 324.11720 Temporary variance from act.
Section 324.11721 Farm operation exemption; requirements.
451-1994-II-3-119 PART 119 WASTE MANAGEMENT AND RESOURCE RECOVERY FINANCE (324.11901...324.11908)
Section 324.11901 Definitions.
Section 324.11902 Powers of municipality generally.
Section 324.11903 Contracts for acquisition, construction, financing, and operation of waste management project or for use of services of project; bids or proposals; negotiations; validity of contracts; pledge of full faith and credit; methods of paying pledged share of costs.
Section 324.11904 Additional powers of municipality.
Section 324.11905 Contracts; provisions; remedies in case of default.
Section 324.11906 Resolution authorizing execution of contract; publication and contents of notice of adoption; effective date of contract; referendum; special election not included in statutory or charter limitation; verification of signatures on petition; rejection of signatures; determining number of registered electors.
Section 324.11907 Exercise of powers conferred on municipality.
Section 324.11908 Provisions inapplicable to certain municipalities.
451-1994-II-3-121 PART 121 LIQUID INDUSTRIAL BY-PRODUCTS (324.12101...324.12118)
Section 324.12101 Definitions; B to L.
Section 324.12102 Definitions; O to V.
Section 324.12102a Materials not specified as liquid industrial by-products.
Section 324.12103 Generator; duties.
Section 324.12104 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Section 324.12105 Registered and permitted transporter; requirements.
Section 324.12106 Equipment, location, and methods of transporter; inspection by department.
Section 324.12107 Vehicles; copy of registration and permit to be carried; closing or covering of vehicles; cleaning and decontamination; applicability of subsection (3) to vehicle transporting brine.
Section 324.12108 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Section 324.12109 Liquid industrial by-product transporter; delivery; retention of records; use of consolidated shipping document; issuance of site identification number.
Section 324.12110 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.
Section 324.12111 Incidents threatening public health, safety, and welfare, or environment; duties of generator, transporter, or owner or operator of facility; exemptions.
Section 324.12112 Facility accepting liquid industrial by-product; duties of owner or operator; report.
Section 324.12113 Treatment, storage, or disposal of liquid industrial by-product; requirements.
Section 324.12114 Violations; probable cause; powers of department or peace officer; court costs and other expenses; obtaining samples for purposes of enforcing or administering part.
Section 324.12115 Civil action; damages; court costs and other expenses.
Section 324.12116 Violations; penalties.
Section 324.12117 Liquid industrial by-product transporter account.
Section 324.12118 Repealed. 1998, Act 140, Eff. Sept. 1, 1998.