Michigan Laws 324.11703 – Septage waste servicing license; application; eligibility; records
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Terms Used In Michigan Laws 324.11703
- Certified health department: means a city, county, or district department of health certified under section 11716. See Michigan Laws 324.11701
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of environmental quality or its authorized agent. See Michigan Laws 324.11701
- Director: means the director of the department of environmental quality or his or her designee. See Michigan Laws 324.11701
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Peace officer: means a sheriff or sheriff's deputy, a village or township marshal, an officer of the police department of any city, village, or township, any officer of the Michigan state police, any peace officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 324.11701
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Receiving facility: means a structure that is designed to receive septage waste for treatment at a wastewater treatment plant or at a research, development, and demonstration project authorized under section 11511b to which the structure is directly connected, and that is available for that purpose as provided for in an ordinance of the local unit of government where the structure is located or in an operating plan. See Michigan Laws 324.11701
- Septage waste: means the fluid mixture of untreated and partially treated sewage solids, liquids, and sludge of human or domestic origin that is removed from a wastewater system. See Michigan Laws 324.11701
- Septage waste servicing license: means a septage waste servicing license as provided for under section 11703 and 11706. See Michigan Laws 324.11701
- servicing: means cleaning, removing, transporting, or disposing, by application to land or otherwise, of septage waste. See Michigan Laws 324.11701
- Site: means a location or locations on a parcel or tract, as those terms are defined in section 102 of the land division act, 1967 PA 288, MCL 560. See Michigan Laws 324.11701
(1) An application for a septage waste servicing license shall include all of the following:
(a) The applicant’s name and mailing address.
(b) The location or locations where the business is operated, if the applicant is engaged in the business of servicing.
(c) Written approval from all receiving facilities where the applicant plans to dispose of septage waste.
(d) The locations of the sites where the applicant plans to apply septage waste to land and, for each proposed site, either proof that the applicant owns the proposed site or written approval from the site owner.
(e) A written plan for disposal of septage waste obtained in the winter, if the disposal will be by a method other than delivery to a receiving facility or, subject to section 11711, application to land.
(f) Written proof of satisfaction of the continuing education requirements of subsection (2), if applicable.
(g) Any additional information pertinent to this part required by the department.
(h) Payment of the septage waste servicing license fee as provided in section 11717b.
(2) Beginning January 1, 2007, a person is not eligible for an initial servicing license unless the person has successfully completed not less than 10 hours of continuing education during the 2-year period before applying for the license. Beginning January 1, 2007 and until December 31, 2009, a person is not eligible to renew a servicing license unless the person has successfully completed not less than 10 hours of continuing education during the 2-year period preceding the issuance of the license. Beginning January 1, 2010, a person is not eligible to renew a servicing license unless the person has successfully completed not less than 30 hours of continuing education during the 5-year period preceding the issuance of the license.
(3) Before offering or conducting a course of study represented to meet the educational requirements of subsection (2), a person shall obtain approval from the department. The department may suspend or revoke the approval of a person to offer or conduct a course of study to meet the requirements of subsection (2) for a violation of this part or of the rules promulgated under this part.
(4) If an applicant or licensee is a corporation, partnership, or other legal entity, the applicant or licensee shall designate a responsible agent to fulfill the requirements of subsections (2) and (3). The responsible agent’s name shall appear on any license or permit required under this part.
(5) A person engaged in servicing shall maintain at all times at his or her place of business a complete record of the amount of septage waste that the person has transported or disposed of, the location at which septage waste was disposed of, and any complaints received concerning disposal of the septage waste. The person shall also report this information to the department on an annual basis in a manner required by the department.
(6) A person engaged in servicing shall maintain records required under subsection (5) or 40 C.F.R. part 503 for at least 5 years. A person engaged in servicing or an individual who actually applies septage waste to land, as applicable, shall display these records upon the request of the director, a peace officer, or an official of a certified health department.