Michigan Laws 324.11721 – Farm operation exemption; requirements
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Terms Used In Michigan Laws 324.11721
- Department: means the department of environmental quality or its authorized agent. See Michigan Laws 324.11701
- Domestic septage: means liquid or solid material removed from a septic tank, cesspool, portable toilet, type III marine sanitation device, or similar storage or treatment works that receives only domestic sewage. See Michigan Laws 324.11701
- Farm operation: means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286. 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
- Septage waste vehicle: means a vehicle that is self-propelled or towed and that includes a tank used to transport septage waste. 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
- Tank: means an enclosed container placed on a septage waste vehicle to carry or transport septage waste. See Michigan Laws 324.11701
(1) A farm operation is exempt from this part as it applies to servicing portable toilets, to associated domestic septage management equipment such as trailers, pumps, and septage waste vehicles, and to associated storage facilities, if all of the following requirements are met:
(a) The portable toilets are used to comply with requirements listed in the publication under subsection (2).
(b) The management, pumping, and temporary storage of the domestic septage from the portable toilets by the farm operation does not result in a release of domestic septage into the environment.
(c) The portable toilets and associated septage management equipment are securely fastened to a vehicle or trailer in a manner that prevents a release while being moved by the farm operation on or across a public street, road, or highway.
(d) The farm operation does not move portable toilets that contain domestic septage on or across a limited access highway as defined in section 26 of the Michigan vehicle code, 1949 PA 300, MCL 257.26.
(e) The farm operation does not store domestic septage for more than 60 days or in a tank larger than 3,000 gallons.
(f) The farm operation utilizes the services of a person with a septage waste servicing license and septage waste vehicle license to dispose of the domestic septage from the portable toilets in a receiving facility.
(g) The farm operation does not move domestic septage on or across a public street, road, or highway in a tank larger than 450 gallons.
(2) The department of agriculture and rural development shall publish both of the following:
(a) A list of field sanitation, worker protection, and food safety requirements applicable to the exemption provided for in this section.
(b) A guide to recommend spill preparedness, spill mitigation, and spill response programs applicable to the exemption provided for in this section.