Bill Text: MI SB0392 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Environmental protection; sewage; land application of septage waste; preempt certain local restrictions. Amends sec. 11715 of 1994 PA 451 (MCL 324.11715).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-05-24 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB0392 Detail]

Download: Michigan-2011-SB0392-Introduced.html

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SENATE BILL No. 392

 

 

May 24, 2011, Introduced by Senators KOWALL and CASPERSON and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11715 (MCL 324.11715), as amended by 2004 PA

 

381.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11715. (1) This part does not preempt an ordinance of a

 

governmental unit that prohibits the application of septage waste

 

to land within that governmental unit or otherwise imposes stricter

 

requirements than this part.

 

     (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.