Just over a year ago, we reported on some positive changes as they relate to recycling provisions in the Resource Conservation and Recovery Act (in Michigan). As we, and others, said – these were common-sense changes.
Changes to Part 121 of PA 451
And now, there are some additional common-sense changes for Michigan’s regulated community. Specifically, Governor Rick Snyder signed legislation that would revise Part 121 of the Natural Resources and Environmental Protection Act (P.A. 451). Senate Bill 400 amends Part 121 as it relates to requirements for record keeping, reporting, and transport of liquid industrial waste. The amendments would also rename liquid industrial waste to liquid industrial byproducts and exclude recycled/reused material from the definition.
Importantly, the bill removes the current manifest and manifest fee requirement ($50/each) and allows the use of shipping documents for record keeping.
There are actually three Senate Bills (400, 401, and 402) that include other technical changes and sentencing guidelines for violations. According to the House Fiscal Agency, “The bills are tie-barred, meaning that none can take effect unless all are enacted into law.”
Some other key provisions of the legislation include the following:
- Exclude from classification as a liquid industrial by-product a material that is used or reused as an ingredient to make a product and meets other criteria prescribed in Part 121.
- Eliminate a requirement that a generator of liquid industrial by-product use a site identification number when necessary for transportation and pay the Department of Environmental Quality (DEQ) a $50 fee for deposit into the Environmental Pollution Prevention Fund for each number the generator uses.
- Require a generator to label or mark containers and tanks of by-product to identify their contents.
- Refer to a shipping document rather than a manifest in record-keeping requirements for shipments of liquid industrial by-product, and revise the requirements.
- Allow certain required records and documents to be maintained in an electronic format.
- Allow a transporter to dispose septage waste or liquid industrial by-product on land if authorized by the DEQ.
- Require the owner or operator of a disposal, treatment, storage, or reclamation facility to (1) maintain a plan to respond to and minimize hazards from unplanned releases of liquid industrial by-product, (2) document that employees responsible for managing by-product were trained in proper handling and emergency procedures, and (3) report annually to the DEQ.
- Authorize the Attorney General to bring a civil action against a person for a violation of Part 121, and allow a court to impose a maximum civil fine of $10,000 per violation for deposit in the General Fund.
- Include the costs of surveillance and enforcement by the State among the amounts that may be recovered from a violator who has damaged or destroyed natural resources.
We are supportive of these types of reforms, as they certainly seem to be well-reasoned, protective of human health and the environment, and helpful in reducing unnecessary burdens on the regulated community.
If you have any questions about this or other environmental regulatory matters, please feel free to contact me (mschroeder@dragun.com) at 248-932-0228, ext. 117.