324.11715 Preemption; duty of governmental unit to make available public septage waste receiving facility; posting of surety.

445 words·~2 min read·/mi/chapter-324/324-11715

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Sec. 11715.

(1)This part does not preempt an ordinance of a governmental unit that does any of the following:

(a)Prohibits the application of septage waste to land within that governmental unit.

(b)Otherwise imposes stricter requirements than this part. This subdivision applies only if all of the following requirements are met:

(i)The receiving facility was operating before the date 2 years after the effective date of the amendatory act that added this subdivision.

(ii)The receiving facility's effluent is discharged, either directly or through a sewer system, to a wastewater treatment plant that was operating before the effective date of the amendatory act that added this subdivision.

(iii)The receiving facility was constructed, or the receiving facility and a wastewater treatment plant of which the receiving facility is part were improved, at a cost of $6,000,000.00 or more.

(iv)There is outstanding indebtedness for the construction or improvement described in subparagraph

(iii)consisting only of bonds that were also outstanding before the date 2 years after the effective date of the amendatory act that added this subdivision or of loans or bonds that were used to redeem or refund those bonds and that have a maturity or due date not later than 9 years after the maturity date of those bonds.

(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.

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 381 , Imd. Eff. Oct. 12, 2004 ;-- Am. 2012, Act 41 , Imd. Eff. Mar. 6, 2012 ;-- Am. 2014, Act 546 , Eff. Apr. 16, 2015

Popular Name: Act 451

Popular Name: NREPA