Section 324.11123 - Operating license required; contents of application; demonstration of financial responsibility; amount and disposition of fee; certifications; schedule for submitting operating lic
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.11123 Operating license required; contents of application; demonstration of financial responsibility; amount and disposition of fee; certifications; schedule for submitting operating license application; time period for submitting complete operating license application; conditions for operating storage facility until application approved or denied.
Sec. 11123.
(1) Unless a person is complying with subsection (5) or a rule promulgated under section 11127(4), a person shall not conduct, manage, maintain, or operate a treatment, storage, or disposal facility within this state without an operating license from the department.
(2) The application for an operating license shall contain the name and residence of the applicant, the location of the proposed or existing treatment, storage, or disposal facility, and other information considered necessary by the department including proof of financial responsibility. In addition, the application for the initial operating license after issuance of a construction permit shall contain all of the disclosure information called for in section 11118(4) that was not provided as part of the construction permit application and any changes in or additions to the previously submitted disclosure information. In addition, the owner and operator shall certify that the disclosure listings previously submitted continue to be correct. An applicant for an operating license for a treatment, storage, or disposal facility that is a surface impoundment, landfill, or land treatment facility shall demonstrate financial responsibility for claims arising from nonsudden and accidental occurrences relating to the operation of the facility that cause injury to persons or property. The application shall be accompanied by a fee of $500.00. The license fees shall be deposited in the general fund of the state.
(3) The applicant also shall submit to the department a certification under the seal of a registered professional engineer verifying that the construction of the treatment, storage, or disposal facility has proceeded according to the plans approved by the department and, if applicable, the approved construction permit. The department shall require additional certification periodically during the operation or in order to verify proper closure of the site. The department shall require from those treatment, storage, or disposal facilities that are permitted to operate pursuant to section 11116, certification of the treatment, storage, or disposal facilities' capability of treating, storing, or disposing of hazardous waste in compliance with this part.
(4) The department shall establish a schedule for requiring each person subject to subsection (5) to submit an operating license application. The department may adjust this schedule as necessary. Each person subject to subsection (5) shall submit a complete operating license application within 180 days of the date requested to do so by the department.
(5) A person who owns or operates a treatment, storage, or disposal facility that is in existence on the effective date of an amendment of this part or of a rule promulgated under this part that renders all or portions of the facility subject to the operating license requirements of this section may continue to operate the facility or portions of the facility that are subject to the operating license until an operating license application is approved or denied if all of the following conditions have been met:
(a) A complete operating license application is submitted within 180 days of the date requested by the department under subsection (4).
(b) The person is in compliance with all rules promulgated under this part and with all other state laws.
(c) The person qualifies for interim status as defined in the solid waste disposal act, is in compliance with interim status standards established by federal regulation under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 U.S.C. 6921 to 6931 and 6933 to 6939b, and has not had interim status terminated.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: Hazardous Waste Act
Popular Name: NREPA
Admin Rule: R 299.9101 et seq. of the Michigan Administrative Code.