Bill Text: MI HB4874 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Environmental protection; sewage; requirement to dispose of septage waste at receiving facilities; eliminate sunset on exemption for owners of certain storage facilities. Amends secs. 11708 & 11715 of 1994 PA 451 (MCL 324.11708 & 324.11715).
Spectrum: Moderate Partisan Bill (Republican 16-2)
Status: (Passed) 2014-12-31 - Assigned Pa 546'14 With Immediate Effect 2014 Addenda [HB4874 Detail]
Download: Michigan-2013-HB4874-Engrossed.html
HB-4874, As Passed Senate, December 18, 2014
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4874
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11708 and 11715 (MCL 324.11708 and 324.11715),
section 11708 as amended by 2004 PA 381 and section 11715 as
amended by 2012 PA 41.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11708. (1) Before 1 year after the effective date of the
2004
amendatory act that added this subsection, if a person is
engaged
in servicing in a receiving facility service area not more
than
15 road miles from that receiving facility, that person shall
dispose
of the septage waste at that receiving facility or another
receiving
facility in whose service area the person is engaged in
servicing.
(2)
Subsection (1) does not apply to a person engaged in
servicing
who owns a storage facility with a capacity of 50,000
gallons
or more.
(1) (3)
Beginning 1 year after the effective date of the 2004
amendatory
act that added this subsection, Subject
to subsection
(2), if a person is engaged in servicing in a receiving facility
service area, that person shall dispose of the septage waste at
that receiving facility or any other receiving facility within
whose service area the person is engaged in servicing.
(2) (4)
If Subsection (1) does not
apply to a person engaged
in servicing who owns a storage facility with a capacity of 50,000
gallons
or more and if the storage facility was constructed, or
authorized by the department to be constructed, before the location
where the person is engaged in servicing was included in a
receiving facility service area under an operating plan approved
under
section 11715b. , subsection (3) does not apply to that
person
before the 2025 state fiscal year.
(3) (5)
A receiving facility may charge a
fee for receiving
septage
waste. Before 1 year after the effective date of the 2004
amendatory
act that added this subsection, the fee shall not exceed
the
actual costs related to the treatment and storage of the waste.
Beginning
1 year after the effective date of the 2004 amendatory
act
that added this subsection, the The
fee shall not exceed the
actual costs of operating the receiving facility including the
reasonable cost of doing business as defined by common accounting
practices.
(4) (6)
The department may issue an order
prohibiting the
operation of a wastewater treatment plant or structure as a
receiving
facility due to because of
excessive hydraulic or organic
House Bill No. 4874 as amended December 17, 2014
loading, odor problems, or other environmental or public health
concerns.
(5) (7)
A person shall not dispose of
septage waste at a
wastewater treatment plant or structure if the operation of that
wastewater treatment plant or structure as a receiving facility is
prohibited
by an order issued under subsection (6) (4) or section
11715b.
Sec. 11715. (1) This part does not preempt an ordinance of a
governmental
unit that prohibits does
any of the following:
(a) Prohibits the application of septage waste to land within
that
governmental unit. or otherwise imposes stricter requirements
than
this part.
(b) Otherwise imposes stricter requirements than this part.
This subdivision applies only if <<all of the following requirements
are met:
(i) The receiving facility was operating before the date 2 years
after the effective date of the amendatory act that added this subdivision.
(ii) The receiving FACILITY'S effluent is discharged, either
directly or through a sewer system, to a wastewater treatment plant that was operating before the effective date of the amendatory act that added this subdivision.
(iii) The receiving facility was constructed, or the receiving facility and a wastewater treatment plant of which the receiving
facility is part were improved, at a cost of $6,000,000.00 or more.
(iv) There is outstanding indebtedness for the construction or improvement described in subparagraph (iii)>>
consisting only of bonds that were also outstanding before the date
2 years after the effective date of the amendatory act that added
this subdivision or of loans or bonds that were used to redeem or
refund those bonds and that have a maturity or due date not later
than 9 years after the maturity date of those bonds.
(2) If a governmental unit requires that all septage waste
collected in that governmental unit be disposed of in a receiving
facility or prohibits, or effectively prohibits, the application of
septage waste to land within that governmental unit, the
governmental unit shall make available a receiving facility that
meets all of the following requirements:
(a) The receiving facility service area includes the entire
governmental unit.
(b) The receiving facility can lawfully accept and has the
capacity to accept all septage waste generated within that
governmental unit that is not lawfully applied to land.
(c) If the receiving facility is not owned by that
governmental unit, the receiving facility is required by contract
to accept all septage waste generated within that governmental unit
that is not lawfully applied to land.
(3) The owner or operator of a receiving facility may require
the posting of a surety, including cash in an escrow account or a
performance bond, not exceeding $25,000.00 to dispose of septage
waste in the receiving facility.
Enacting section 1. This amendatory act takes effect upon the
expiration of 90 days after the date it is enacted into law.
