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HomeMy WebLinkAbout2018.07.20.MM Commission packet1. Call to Order Chris Swope Lansing City Clerk City of Lansing Medical Marihuana Commission Friday, July 20, 2018 2 p.m. 124 W Michigan Avenue City Clerk Conference Room, gth Floor Meeting Agenda 2. Approval of the Agenda 3. Approval of Minutes 4. Commission Appeal Hearings Cap City Medication Station -3301 Capital City Blvd Great Lakes Wellness Solutions -3405 N East St 5. Excused Absences 6. Public Comment 7. Adjournment Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city. clerk@lansingmi.gov MINUTES City of Lansing Medical Marihuana Commission REGULAR MEETING June 28, 2018 -2:00 P.M. City Clerk 9th Floor Conference Room 124 West Michigan Avenue The meeting was called to order at 2:00 P.M. BOARD MEMBERS PRESENT BY ROLL CALL: STAFF PRESENT: APPROVAL OF AGENDA: APPROVAL OF MINUTES: Brockton Feltman -Vice Chair Anita Turner Tracy Winston -Chair John Addis I 'I Chris Swope, City Clerk .1'!1,,1 ,ii; . Brian Jackson, Chief De put{ City Clerk ·. Deb Biehler, Office of th'.$. yity Clerk 1 \\. Amanda O'Boyle, Office of the City Attorn~y ., Jim Bennett, Office o(Building Safety ·· : ' Moved by John Addi~:: , Second by Anita Turner. MOTlq~:~ARRIED . l, ;' t Moved by ·Jcih'n Addis Second by: Br~ckton Feltman MOTION CARRIED ' i I I i· The Appeals were hea~d following th.e ~pproved Med'icial ;Marihuan~ Commission Appeal Hearing Format. · • .~irst:q j~?s1 .l .nc. -421p.['J Grand River , . ; ,: ·:;;:;· . l Moti~r by Brobktqn ri~1trn'an to move appeal to August 2, 2018 . • , ·1 Second Anita Turner .. MOTION CARRIED. '1 I', I! j, 11' >I'! I ,<. Taghrid M~~,~~w -1202 S Wa~~:i ~g~on AJ~'.i1 RTpresented by Bruce Rosenthall and Robert Ficano :111; ,·1 j. "!1 • ·' ·: Ten minute recess. ,, ::, ., Reconvene. ' '· Roll Call vote: PUBLIC COMMENT: ,. . , Motion by John Addis to uphold the decision of the Clerk ' ':. · ~Second by Anita Turner John Addis -Yes Brock Feltman -No Anita Turner -Yes Tracy Winston -No MOTION CARRIED. None ADJOURNMENT: 3:15 P.M. City of Lansing Medical Marihuana Commission Appeal Hearing Format I. Appeal packet provided to Commission and Appellant prior to meeting including: • The Hearing Officer Appeal Packet Copy with decision • 2nd Denial Letter outlining how to appeal to Commission • Applicant's appeal to commission with supporting documentation -Packet is read by the Commission in advance of meeting -Clarification Questions by Commission 10 Minutes II. Clerk's Office Presents Case 111. -Time Allowance: Appellant Presents Their Case or Counter Arguments -Time Allowance: IV. Closing Summary of Clerk's Case v. -Time Allowance: Closing Summary of Appellant's Case -Time Allowance: VI. Deliberation/Questions by Commission V. Decision by Commission Approved: 4/20118 10 Minutes 10 Minutes 5 Minutes 5 Minutes Timeline Cap City Medication Station 3301 Capital City Blvd Lansing, Michigan 48906 December 15, 2017 -Application submitted December 21, 2017 -Department Review of Applications Begins February 1, 2018 -Building Safety Denial -No Certificate of Occupancy ................. 3 February 2, 2018 -Denial Letter sent from Office of Clerk ......................................... .4 February 09, 2018 -Email regarding Certificate of Occupancy Denial with site ...... 5 plans. No Certificate of Occupancy submitted. February 12, 2018 -Last day to submit Certificate of Occupancy Cure February 16, 2018 -Additional documents submitted .............................................. 16 February 20, 2018 -Second Denial Letter ................................................................... 32 February 26, 2018 -Permit paperwork dropped off at the Clerk Office ................. 35 March 7, 2018 -Appeal submitted ............................................................................... 39 March 16, 2018-Letter giving appellant 7 more days to submit additional. ......... 74 documentation March 20, 2018-Additional appellant response ....................................................... 75 March 28, 2018 -Building Safety Office documentation & timeline submitted .... 79 April 6, 2018 -Appeal to Hearing Officer April 27, 2018 -Hearing Officer Denial letter sent ..................................................... 88 May 25, 2018 -Appeal submitted ................................................................................. 93 May 31, 2018 -Addendum to appeal submitted ...................................................... 125 I I N I stam~ Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 05281767 51 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02/0212018 Mailing Date: 02/0212018 From: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 To: Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here "Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation"' service on Priority Mail services with use of this electronic shipping label. Postmar1< reqtired if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail earner, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. Name Qf Establishment I Establish~ent OBA (If Known) CAP CITY MEDICATION STATION Establishment Address ----,City State 3301 CAPITAL CITY BLVD Ml Lansing ~· -,_ Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 1, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. The facility operators have knowingly operated without a Certificate of Occupancy in violation of Michigan Building Code 2015 section 111.1. The facility operators have a history of noncompliance, see MCL 333.27402 (3) (g). Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. c::.. James Bennett, C.B.O. Building Safety Office Department of Economic Development and Planning Page 1of1 -3- Jjol-/U:i, r ) j () t-r February 2, 2018 Kimberly Gaetano 11999 Gratiot Avenue Detroit, MI 48082 RE: Cap City Medication Station Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs · website http://www.michigan.gov/lara/0,4601 ,7-154-79571 83994---,00.html or by phone 517-284- 8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mich:-~~ Ave., Lansing, Ml 48933-1695 517-483-4131 $ 5-4-377-0068 FAX ww.lansingmi.gov/clerk $ clerk@lansingmi.gov Biehler, Deb From: Sent: To: Subject: Attachments: jonberi@aol.com Friday, February 09, 2018 4:30 PM Jackson, Brian; Biehler, Deb; Bennett, Jim CapCity Medication Station Capcity Medication Station SitePlans_Rev020818 (2).pdf As per response to the letter that states CapCity Medication Station was sent for potential denial, we are submitting the forms necessary to have 3301 Capitol City Blvd changed to Group M (retail) for a Certificate of Occupation as required. We have submitted a hard copy to the Building and Safety office, and I'm including an electronic copy for you also. Please accept these new drawings for the group change as our engineer has included the necessary information for such change. If there is anything additionally needed, please contact me asap and I will respond promptly. Thank you. Brant Johnson, J.D., LL.M Brant Johnson & Associates, LLC Small Business Consultants 2875 Northwind Drive, East Lansing, Ml 48823 (517) 230-1841 jonberi@aol.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com -5- II Knowwhat's Below. CALL before you dig. 3301 CAPITOL CITY BLVD LANSING, Ml 48906 LOCATION MAP· NOT TO SCALE PLAN INDEX T-1 TITLE SHEET C-1 SITE PLAN A-I EXISTING FLOOR PLAN A-2 PROPOSED A-3 WALL SECTIONS & DETAILS P-1 PLUMBING WATER LINE INSTALL SHEET P-2 PLUMBING VENTING INSTALL SHEET P-3 PLUMBING INSTALL & LABEL SHEET P-4 PLUMBING DETAILS SHEET S-1 SIGN DETAIL TITLE SHEET SITE PLAN I \.0 q ~:!ar!~~~neers Lansing, Michigan 48912 (517) 925-8352 I-MW. caeng ineer IIc@caeng ineer s Ile. com NJ. I DATt :AllTKj 111 IQl5Qllt»11i .EC I D'l l'IDa'lDll i .S:: DESCUPTJOll DAAWH>I SHEET ----.-- T-1 I 1 0:1 LEGEND PROPERTY LINE EXISTING PROPOSED EX. CONC. PAV'T EX. ASPHALT PAV'T EX. TREE EX. SEWER EX. WATER MAIN EX. ELECTRIC UG EX. STREET LIGHT EX. FIRE HYORANT EX. ELEC. TRANSFORMER D D 0 --CCC:e> --=--E-- 0 8 ORIV(WA'f EASEMENT ---.... _ CAUTION -CRITICAL UTILITY HAZARDOUS DR FLAMMABLE MATERIAL CAUTION -CRITICAL UTILITY ~~~~~~~O SK;N 'Z_JCURB 1,_..-- ~-··- --.... f ~~--~--1?1"£"1? ... _ .... """c. ------...... ;., ... CURB HAZARDOUS DR FLAMMABLE MATERIAL ci ~ I~ •u '~ ig '!!; lu !! I I 5' SIDEWALK • RN.IP @ SITEPLAN ------------------------_j OWNEl'tlt>EV£LOP£A '"'' c:N'<IT"' ~...,,."'fOS C~-.t:T:l .. TC~u..c..c;ico""PI.....,,, ~•1.Ut ... U(•50o•MlDll:fllOH ... <V ... '"""'-"h f: U'"..l .. ~ notrlAT'<CU..SS: Ctl'Ol(IGl-QO:)o ~-~ c°" .. "°""" ~Tl•...CS1 sue REQUIREMENTS· 11..-~ rwc .. s.toNs: ........ CITYOflAHSING PLANNING & ZONING J!lNCAPfTAl.A\t'E sumo., l.AHSING, Ml UHl Pll:($1T'j41J..40tili Ell1£. CfTY Of LANSING JUi N CAPfTOLAVE SUrTEC-1 LANSING, Ml 4Hl3 PH:(S'7)'83-410S ........... CITYOflAHSlNG PUBUC SERVICE 12• W. MICHIGAN A~UE TT1i FLOOR CrTY HALL LANSING, Ml 4Hll PH:(SH')4aJ..USS FB0$"Wcmqpm CfTYOflAMSJNG PUOUC SERVKE 124 W. MIClllCAN AVENUE 1Tit flOORCfTYHAU.. LANSIMG, Ml Utll PH:(S1T).caJ-4.4SS .... CONSUMEJU EHERGV PH:(800)10~to ~ LAHSIMG BOARD OF WATER I. LIGKT PH: IS17)N702~t ••r•-~Oll:l""' .r.--e..c•or~ A.. GENERAL NOTES D. SITEWORK 0. EXTERIOR APPEARANCE E. YARD ~m r·~ §51! A~- :~ -=s-=---- - H m_; j' j~ ~l~l~I~ "Cl.OCl"il'°f ~1E1~1l'l ;:, "~ i i!Hs llll'I' cc IL". c ii ii~ ii •ISlala il!§ ~ "'" ~ ~~ ~ :;;~ -~~~i ~u~ I 'oq; r--.. Qfll I ~::!E c a: :; w _, :::> 0 III ~ (j _, 0 !:: 11. <( <.> ;; ... ... "' "" :... z :s 11. w ,... iii 2"'10 ' u DOOR ANO FRAM£ SCHEDULE (WlllTE BOX ONLY) 1m1 .-.Wiii( l'{'l lN •-= -~ l • ,. ..... ,.-cr ... ·Jf•' l I T-f"o7'-r.,.J1•' 'll"-cr.,. ....... y.- l:r"Mll.lf~Tl. "I.\" r~,.ffliffj1, .. NOTE ALL ROOMS ARE FINISHED, NO CIL\NCES I """"" IZ 1:s-.... or-t">l•l/I' "B" ~u L.J '· ~ '1~.B~~ r=Jfr11:\W"'u:o:s 8 ~ ~,-:--~~~-~ ~! 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J_~J ~ 3301 CAPITOL CITY BOULEVARD N ,~.~~,------~-'-'-'------------- ' 1' = 100' HUNTER CLARK, INC PAUL CLARK 01 91[1\Nol 0111411011 PC ii P-1 PLUMBING WATER LINE SHEET t---'--------'----'--.!.---'cAi.~w'!~o~. ~~----'------------'--11-----'-=.J....._-----'---'--'---'-~....:J PHONEt 248-J·U-6269 ,. i !"'=-~~~~~33~0_1_CA_P_IT_O_L_Cl_TY~BO_U_L_EV_A_R_D~~~~~_, N F i.;;.lJ ' l" = 100' PLUMBING VENTING SHEET P-2 HUNTER CLARK, INC PAUL CLARK PHONE: 248·J4J-6269 01 Sll(PI. ..... HUNTER CLARK, INC PAUL CLARK c~nN>: 2-4B·J0-6269 01 SU[/'!..~ )'-0" HSll.ATE HOT WAHR PPES (All [XPOSEOI STRENGTH 250 LBS "''"'"'"""'""'"--c~ ~ .AHY Oll(CTIC»I TY;~··- 4 " &, I I 42"' MIN. I 12" I ---.--~ ;.,f I -r:iir In m - tl~f iFg11 :, . PROV![)( , •• ,. C::R,,,,.C ll.(5 ON TOl.ETS WALLS AT 4'·0· HIQi ITYP.I IOPTIONJr(. fOA OWNER! - IAT FNS>tHC STM:(I 1" I .... PROVIDE BACKING f"OR ALL WALL MOUNTED FIXTURES BARRIER FREE TOILET DETAILS NO SCAl..t CODE SUMMARY NOT CS• TRN' ....0 PLWB:NC LOCATEO OUTSOE CDOLCR I . ...STALL ACt:OIUJWC TO l.IAMISACH.IRER"S WSTRUCTIONS. FREE ST ANDING DRINKING WATER FOUNT AJN ADA SPOUT WITH ~S[ EHO ~ _ N.u PNt.llOOI< ''"' MOP SINK DETAIL SERVICE FJr.UCtT WITH VAC\.IUM BRCMER ~~ ~~j ·~ ;~ ~l~I~ :;;1:;;1:;; 1111 ·1·1· ~ ~ ~ •l•I• m ~ U N ~-~ "' ~ ~.'ll'.m d~~ O::U·· ~...J~ I 5 ~'.i tj-:t.0.0.. ,---i Ill _, < c tu a: c ~ " w z _, iii ::> :=; 0 ::> ID _, I'.: 0.. u _, 0 .... ii: .. <J ~ I 0 ~ " v :... ' a.. ' i i l "'""' .......=-------f- !. 3301 CAPIT4i CITY MEDS .125" POLY VINYL "FLEXFACE" r ABINET -2·x2· ALUMINUM SKIN L 111 ~ -ti --, " DIA. SCHED 40 POST WITH 3' i! I __ 1_J --~INSERT INTO MAIN COLUMN WITH 11 : I 3/4" CAP PLATE & 2 -314" PLATES ~ I LED MESSAGE CENTER---------------r I .08 ALUMINUM POLE COVER : 12" DIA. SCHED 40 POLE-----------! l t I 24"X24"X2/4" STEEL BASE PLATE~~ I I WITH 112" GUSSETS l--_l_~~~l-C+=f:::1b:::::t:==-~- I I -1' DIA. X 24 " ANCHOR BOLTS~~ t _I I_ 8' X 5' X 5' CONCRETE FOUND AT ION _I I_ WITH #8 12" X 12" REBAR FRONT VIEW CONCRETE FOUNDATION 200 CU. FT. = 24.00 K D.L. CONCRETE = 3,000 PSI WIND FORCE RESI STANCE EXPOSURE 90 MPH MAX. HORIZONTAL LOAD =24 PSF TOT AL SIGN LOAD = 3.0 K END VIEW •t -" i s::&iJ fa15 • ii ~ ~ ,. § ~ ~~ 'lo --'lo ~ ~ ·!S -;o~ ~~"g II:::=~= .... ~S I "'='h LO ~H .---l '--=~• I _J II ;;; ,_ w c z " iii m ~ u _, 0 ,_ ii: < u ~h---1 '.:'.l "" ~ 0 ~ j ' "' I ' . 10"' 10 Biehler, Deb From: Sent: To: Subject: Attachments: jonberi@aol.com Friday, February 16, 2018 12:28 PM Biehler, Deb; Jackson, Brian Revised CapCity Medication Station -Kim Gaetano's Change of Group M use information Capcity Medication Station Change of Use and Building Permit Applications02162018.pdf; Capcity Medication Station SitePlans_Rev020818 (2).pdf Please except these documents for the revised Change of use to Group M application and drawings. Kim Gaetano -CapCity Medication Station's Provisioning center application. If any further questions please contact me. Thank you. Brant Johnson, J.D., LL.M Brant Johnson & Associates, LLC Small Business Consultants 2875 Northwind Drive, East Lansing, Ml 48823 (517) 230-1841 jonberi@aol.com This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com -16- Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 Location of Proposed Construction: Facility Name: ~~ciJ Mi-..c\1c.A-+;c .... 5t11-fiu~Addrcss: 330 r Gt~+~ L c: B ~lv p I Lf\Nj;~ ' >:-tt 4~"'itf.o Parcel Number: __l_J_ -O I -0 I -0 'o --Z.oJ ·· b 71 Suite Number: Building Data: Gross Floor Area: New Building: i 1 I CJ SQ. FT. Addition: ___ SQ. fT. Alteration: 2c7 .S-SQ. FT. Repair: SQ. FT. Classification per Building Code: Building Use Group: _Jj_ Construction Type:}f B Area per Floor: -Z...'-/ / '-( No. of Floors: Number of Occupants: 3 lo Fire Sprinklers: None: __ Entire Building:__ Limited Area (Describe):----··-----·---- Description of Project:-------------------·----------------- Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and Cl Firm Name: C&A Engineers Licensed Individual: Shaukat Alvi -responsible for sheets Tl & Cl Michigan License Number: 6201053122 Mailing Address: I 19 Per Marquette Dr, Ste 2D Telephone Number: (-2.!2.__) 925-8352 Applicant: Firm Name: Einail:Jarncs.carter@caengineersllc.com ------- City: Lansing State:~ Zip: 489 ~~-- Fax Number: ( __ ~) _ _.2.Q.~0596 __ Individual: --'-K-~ nL+-. _<S=·-'Ai::.-'-f'--'-P..,_,_·rJ_z:. ______ _ Email: J DI c KW 5. @ g t1J...S..~A'-.<~ ; "'-> . (, D rj_ __ MailingAddress: 33al C&q;+oLL;~ 8Lv0 _ City:_L=P-i~t'Y_~;-'J~.+-------State:J:!LZip:l.f'C//O~ Telephone Number: l2J]_) L.3 c -J'b 'f__L_ Fax Number: (_ __ J Applicant Signatme ~~~9 Project/Construction Manager: (If Applicable) Firm Name:-------------- Email:--------------- Mailing Address:------------- Telephone Number: ( __ ) ______ _ Building/Property Owner: Finn Name:-------------- Email: 1~ ·, d<-L'-' 2 C\?:i Mailing Addn:ss: 3 :3 o I cr ... e:.f-r,L Cl ~ 8 L\SD Telephone Number: (1JJ__) 2. 3o -1 "'t. ''f ( Valuation of Work: $ 2 D ooD. ~- Individual:---------------- Cicy: ________ _ State: __ Zip: __ _ Fax Number: (_~J ________ _ Individual: __ K: ri.. G-r-H~..fAN' ti City: _.b../i!_t\..~S~~e-r-'()+------State: r--tI Zip: '-l'l'Jo~ Fux Number: ( __ __J ________ _ Plan Review Fee: $ ------ -17- BUILDING PERMIT APPLICATION Permit#: ----------- City of Lansing Building Safety Office FC #: ---------- 316 N Capitol Ave ., Suite C-1 Lansing, Ml 48933-1238 Project#:---------- (517) 483-4355 Applicant Address )5oi Cft{;-h:it. C -t-J rtS\..\.lD Phone K~M bA-~+~ Property Owner K: It 6-At,<h:trJ 0 Contractor Architect/Engineer Email -.'JA/'\£.J . DESCRIBE WORK: For Residential Property: Number of dwelling units ---l>----- H:C:. l-l ~ c; 13-~uJ~J Y)L"-1890 Phone 517 ·-2~i:i-f&'i l Phone License Number Exp. Date License Number Number of Bedrooms ___ _ For Commercial Property: Sq. Footage "21 tq Fire Suppression System? Yes__ No~ • Applicant has read, understands, and accepts the conditions in PART I on the reverse side. • Resldentlal contractors MUST complete PART II on the reverse side of this form. Section 23a of the State Construction Code Act of 1972, 1972 PA230, MCL 125.1523A, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Date OR OFFICE USE ONLY o New Building (SFR) o New Building (Com) o Convert D Siding o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch o Mobile Home Set-up o Pool o Other ______ _ o Investigation Fee o Certificate of Occupancy Required o Community Development Program o Residential Rental CONSTRUCTION TYPE. _____ USE GROUP ____ _ ZONING DISTRICT LAND USE. ______ _ PROJECT IS IN THE FLOOD PLAIN: 0 Yes o No COMMENTS -18- Valuation of Work$. _______ _ Plan Review Fee$. ________ _ Building Permit Fee $. ______ _ Technology Fee $ 10.00 CAii Bulldlnq Permits) Building Permit $-=2::..:5:.::.;.0:.:0=---** _____ _ Application Electronic Conversion $ ______ _ TOTAL FEE$_~~~~~~~- APPROVALS Zoning _____ ~----+---- Building _________ --t----- .. NOTE -These lees apply only to licensed contractors for Permit types that can be obtained onllne (Roofing, Siding And Roollng and Siding} Byild!oq Permit -Page 2 of 2 PARTI I do hereby swear and warrant that all statements made by me in this application are correct to the best of my knowledge and that, in consideration of the granting of this permit, I agree to save the City of Lansing harmless from any and all damages. I hereby agree to construct said work in all respects in compliance with the Statutes of the State of Michigan and the Ordinances of the City of Lansing , Michigan. I do hereby agree to locate this building on the lot so that it will conform with all Zoning and Building regulations. All information submitted on this application is accurate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. PART II FOR RESIDENTIAL CONTRACTOR ONLY: Applicant is responsible for the payment of all fees and charges applicable to this application and must provide the following information. Name Phone Address I City State I Zip Federal l.D. No. MESC Employer Number or Reason for Exemption Worker's Comp. Insurance Carrier or Reason for Exemption I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this ar,plication as his authorized agent, and we agree to conform to all applicable laws of the State of Michigan. A I information submitted on this application is accurate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Signature of Applicant Application Date Investigation fee: Whenever any work for which a permit is required by Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.· An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code nor from any penalty prescribed by law. Effective July 1, 2016 Last Update 09/1212016 -19- [)er"'artrre).nt rr(·~· 1)1 l"jn"""1l·1'r1µ 'lr1d -. .f)L . ---j_ .• " 'l.. . • (1... .. 0 l ·Neighborhood I)evelo1Jn1ent Bu ilding Safr~ty Office Registered Design Prnfessionl:ll Forrn Registered Design Professional in Responsi bk· Cini 1·gc ( DPHCJ In lll.:cord :rnce with the si::ction I 07.3 .'1 lvll-IC ::011. tiw i"r(Jjt•ct Own~r 1:111:;; :b.;:,p1ah: th~ iic..:n :;e,: ;11-;_:j·,:t,:o.·t 1:i1 enginee::1· who is 1he project's Registt:reu Design l'ro f(·~;;i1111ai 111 f.:,·sr''·"1.•:1bi<'. C!1irgt:. The designated an:hit<.:ctit::nginecr must b<: lt li<::~:ns.:d pr.··fc;\id:ML and is r.:spor:si:il~ li1r rcvi~wing and ,:(:'1r<lin<!li:1p all submittal documents prepared by consuJtunh !'er cunrp;liibi!ir.) wilh liH: b11i!dint: d<:~ign. Document!. rn a> i111.:l u,k: tksign/build sub111i1.!als, d~fer.red submit'l:ib . special 111·;r.e;.;no11~ and ,,r1.i-:.111ra! •Al;:nva1io:1s. Proj!!rt Address: 3301 Capitol City Uh d f>ro.jccttTcna nl Na nu.': COL Project #: Tl 21 5 ----- Registered Design Professional in ResE'.!n~!-~~.~~ q~~---.. --.. ----·--------------·---·---···-···· First Name: Pau I -----·-----·--------··--· ·----. Company: Angle Design & C<>ns1.rucLion, LLC. !'hone: :1!3.2 .. ?0.:;4J9 Addr<:~s· 6201.l Schat'fi:.r Rd 7.ip: .. i,~ 12'.·. ----------------- [-mai i: JTl liachi.:;m@angl edcsign@.co:n ;:~':t. b;_~ Owner !nformation E-rn ai l; ,\.~the PH.0,IECT O\VNER, l cfo~ignak !!i<' ;il ;o\··~ p~;·su~• :1i !i!.' n~gi:,H·n·ti profo.~,;ioirnl for rrw projt','t nolcd. l lllHkr-stand thal the im:hitet:Vengi11tt'r ui:,;ig11:(ii:d sii;:ii be ;i;;.,:p<>1:·.,ibie ~iJI' ;·::,,i,·w;ng: :!t;d coordina:in(:' ;·ii: ~ulm:it11il dtlet:ment~ prepared by others for rhe durn!inn ufth:; 1m:.!1:c:. ! ;1h • 1rnci~r~t:n~d ?!rnt ! nrn:;t prov\dt' written nnri fic;:11ic·r. !ii the Building Oflicial if 111y .Je;;i~.;ilt'<: ;, chang'·~J -----------------Owner Signature -20- LAi1A LICENSING ANO REGULATORY AFFAIRS CUSTOMER DRIVEN. BUSINESS MINDED. Bureau of Medical Marihuana Regulation P.O. Box 30205 Lansing, MI 48909 MONEY LENDER'S ACKNOWLEDGEMENT, CONSENT, & ATTESTATION , being first duly sworn upon oath or affirmation, depose and state: I am responsible for the submission of this form, and I agree to be bound by and comply with the Medical Marihuana Facilities Licensing Act (MMFLA) 2016 P.A. 281, to be subject to the jurisdiction of the courts of Michigan, and to choose Michigan as the forum if a dispute, question, or controversy arises under the MMFLA. I further agree to provide, upon request, any information and documentation as may be required by the Bureau of Medical Marihuana Regulation (Bureau) to establish and determine the identity, eligibility, suitability, and qualification of the money lender or any other pers . "' · e money lender as may be relevant lo document the source of the funds and to confirm the nature of the eerrtent betw n the app · nt and the money lender. I understand that any material changes to the subject matter of this form be file ith the 'thout undue delay. ' Mone ender's Printed Name & Tille 12d;d /) {y~ Money Lender's Spouse's Printed Name (kequirc:J only if line or crtdil i~ ,~eJgcd rrom.Join1ly hchl web) Dute r I D o . , ,(cAJ ~ -(;61,e.J.{n-t> K \;''"''· ~ e.r I l\.tl,e-. \~C: PATRICK NOiARy PUELIC J. ICApp Subscribed and sworn to by before me on cb -!S-!J7 (upplicunt nume) (dnte) COUNTY. ST ATE OF MICHIG My Co1111r1iss1on E. OF INGHAM AN A . xp1res s 1 c11ng in the C ep ernber 20 202~ ounry of INGHAM , "' Smto of Airfju'4 , Coonty of~~ . Acting in the County Of-"''-"-'--4'"-"-':::..;_::---• /111 (state) My commission expires: f ·-;l C> -.2.CJ ;::;l ::::> I ~ I \ \ BMMR-MMFL (New Feb-18) -21-Pnge 2 of2 Ill Knowwhal's Below. CALL before )'OU dig. 3301 CAPITOL CITY BLVD LANSING, Ml 48906 LOCATION MAP· NOT TO SCALE PLAN INDEX T-1 TITLE SHEET C-1 SITE PLAN A-I EXISTING FLOOR PLAN A-2 PROPOSED A-3 WALL SECTIONS & DETAILS P-1 PLUMBING WATER LINE INSTALL SHEET P-2 PLUMBING VENTING INSTALL SHEET P-3 PLUMBING INSTALL & LABEL SHEET P-4 PLUMBING DETAILS SHEET S-1 SIGN DETAIL TITLE SHEET SITE PLAN I N N ~ ~ir~?e~~neers Lansing, Michigan 48912 (517) 925-8352 Wl'kl. caeng ineer IIc@caeng ineers IIc. com Nl I DATI •AUTHI """"""" OI lmamnt . .EC G'1 l1QID'20tt !JB: ~ T-1 I 1 CF1 LEGEND PROPERTY LINE EXISTING PROPOSED EX. CONC. PAV"T EX.ASPHALT PAV'T EX. TREE EX. SEWER EX. WATER HAIN EX. ELECTRIC UG EX. STREET LIGHT EX. FIRE HYDRANT EX. ELEC. TRANSFORMER CJ CJ 0 ~ ----=-=----E -- (> E3 DRIVEWAY EASEMENT CAUTION -CR/T /Ci'>L UTILITY Hl'>ll'>RDDUS DR FLAMMABLE MATERIAL CURB ;.. ~ -'r-;l?~-- fiJ"t; ................... ""'"t. ---- {!} ------------------ --SITE PLAN -------.......... _1 Hi'>ll'>RDDUS DR FLl'>MMABLE MA TERI AL I~ •u 1~ . o I" • !1, lu !: I 5' SIDEWALK • RAMP U>•CAl'f'I ... .,. ... """" ~"'"'C"TUlf'~lU.:.OOOODIDOrT'""'f ~H""lil A.tH .... -•~ .. 1ot0<1 u•M>O. ........ .-•• r. ll"..Cll~ ... 0'\. .. 1•C)...l.$S• {CTOC:ICr-IOCO: ~~. ~·-s• :SITT REQUIAENENts· ZWOWi. CrTYOf"LANSING PLANNING lo ZONING ll&N CAPfTAl.AVE sum: 0.1 LANSING, Ml .Utll Pll:l517J~U-4otll El£E. CITY OF LANSING JUN CAPrTOL AVE SUf'Tl!C-1 LANSING, Ml 4UJl PH:J517).al-4t05 ...,..,...., CITY OF LANSING PUBLIC SER\11CE U4 W. MICHIGAH AVENUE mt FLOOR CnY HALL LANSING, Ml 48!1ll f'H:(St1)4&3-4455 FftOSIQNrpNzym CrTYOfu.n:Mnu PU8UC SERYK:E 124 W. MICHIGAN AVENUE TTH fl.OOR CITY HAU. LANSING, Ml 4Hll PH:15tn~5 """ CONSUMERS ENERGY Ptt:1800)I05-44to El..ECI.IW:. LANSING BOARD OF WATER & LIGHT PH: 1517)N102..g(J05 11r•°'°"1.>0t.OIC\.lllW w•ltO'olaAOlor~ A. GEHERAI.. NOTES D. SITI!WOAK C. BUILDING D. EXTEAK>A APPEARANCE E. YARD ~m r.·~ ~-A~-·=--:r-.~ }£ "i. 9 ~1 ~l~l~I~ "fliiil~I~ ~1~1~1~ ~H~ ~1~1~1~ Si lit A & ;;1a1a1a ·~ J;j :;;§ "' .., " ~ ~; Cb "! -~,;5f !:I\.-;;" ~~~~ 'q: M OG ~ . ~-~· 1 c "' ~ w ..J :J 0 m >-!:: 0 ..J ~ ii'. <( 0 0 "' "' "' ISl :... z <( ..J 0.. ~ iii 2•10 u :! IC " II ,. • .. ., "" • .. '" -,!a .. "I "I ~ ..... ~ .., ..., "' .., "I :: ~~~1tt"t~ttt~ ! " "' " ; " "' ; " 1 "' " <\ ; i ~~~i~~i~~~~~~ ~ ""··········-:ia nunnnnd l --rfD fl! ~ ~ r-f -\.I! JJ ~ :;_ 1_,_ ]r:,,~,,,,.,.-----3-,-30_1_C.:.c.AP_clT_O _ _c__L CITY BOULEVARD f--+--------1--4----J--.<-r:m '"'' ... ~' . .._....._~_A_~-~~...__~~~~~~~~~~~~...L.-24-~~~~..i...;:.-~j.:::::•~·-,•:1·::::1::"·:,:t·~~-~jt~::-~~c-'lU._'·~-·~~i.:::..!I~ EXISTING FLOOR PLAN 0'-8' ~j ~~ ·-~, "''- ~ ~~~a ............ ~ ~m ~ ~ ~m } T ~ PH~ ~ ~ ~ ; ' " ~ ~ ~ ~ ! ~ ~ • Ii -~ - ! ;~ ;s i ii• e~ ! fj~ ! ~- ~ ! ~~~ i~~ 1~ _· _________________ / __ l_ ___________ _ g ~ = g ~ ~ ~Q ~ ~E~~ ~ ' ~~a~ i ~~~~ ;~~! ~ ~~~i ~~~~ t" ! Q ~,.,.~~ ""'! " -·~. 0, a ~c~ ! i tl; .... !" ~ r G E!H~~~ ~::In~~~ I"')~ >"' ~~ <>> ~~ "'> ""' "'= z-~~ "'~ MEDICAL MIRlllU,\NA CARE GIVER CTR JJOI CAPITOL CITY BLVU PROPOSED FLOOR PLAN LANSING MICHIGAN 48906 P10J ••. Date:_ 25-...i..o_,._..,_•_"'-· , ___ •_-0_1 _, Ci .... II .. -....... A .... -~e ~ J: ~ § l ~ l ~ ~ ~ ~ i " § i .., ,, p 3 ~ ~ JD!!=\, 9§ '~S •,. g;' -~ ~~f ~onstructi!lll,Jk... avll En~lnccn . Condructlon Man1~m UOOS.-h-.1rn·l(uol,llHr ... ,,.,~ll<hlr.•1L.&lllU •• .,_,,., (JIJ)Ulh.<u' 1::., .. 111 mh•th11ttil'A•tklhsln,.-.. 1w..11rt u ~i F :R ~~ ~~ c~ ~""'" ~'™""" " u~ ~ ~~ -WALLSECI'ION--S&DETAILS 61' I .1<-1L _~'"-'-"-''"'-'·-_,1L ;;~ ~· ~ 1 ~ ~ ~ ;;; ~· MEDICAL MIRlllUANA CARE GIVER CTR 3301 CAPITOL CITY BLVD LAN"1""1" "·'ICHJGAN 48906 Se.tie; OR,.l.Vo1l9Y 111-1 P10J. I_ 2 6-1/1"•1'.r APPROVED BT PC 01!11: Drewing No. A-02 If) ~ nC 0 ri z ~~- (DX Oo c: ~~f ~onstructi.Qll,Jlc..._ Ch·ll En~lnttn . Cun•lnicllon M1n•tcN 61IJllS4ch•ffrr ll ... d, lk.rbum. ,\llrillr-11.4&11' Phunc: (llJ) 110-!-tU . En1all: mluithm1~.\n1lcDnlr-.""'1cuLblLnr1 -0; : 1' ii : I l ! Ill ~ ~ -011 _,, .. ,1;·· -' ~,.I ~ '_IJl. ~ ' ' ll"''l . ~··~~z~;-~,. ------------------------, /"' '7''' • '•'<• ··•er ..... _ .. ,_ •. ,_-:-_-c-_ ... -~_'~"'i:--..T-1 --tt---+:"':::=:::'+----'1------'-+---IH T )!, : ,, \ ~ r+ . -1_ ,____ rt-,"il.;~~~111 ~ l:JSJ D J ~ ___________ : __ :_:_j E3 l:::J) J, .. \j }iJ/ 'i 9 JL""~--.. • ... ---------~/~L ____________________________________________ _ N !~=,.,-------3~3_01_c_A_P_IT_O_L_c_1TY_B_o_u_LE_v_A_R_o _____ ----1 HUNTER CLARK, INC PAUL CLARK QI 91[!\Nf ii 1' = 100' P-1 .__..._ ______ .j___--J_--'-~-.. -'~ CAi.L~u~~;.· ~~~~~~-'-~~~~~~~~~~--'--27--~~--'--'--'--~~~~--'--~--'-----L___JL___J cil-ln~i:-: 24B·J43-6269 PLUMBING WATER LINE SHEET ' . ? I I! I y,·~.-.... %X.;o.· -~".)$. .{ .n. ·' I , .. , i ~~~ ~ 3 I I : z~r~ .. ': ' r-ISJ l ~!:? ~ ! ' : 1··-· I . • ~ -· ) I . i •~! ; BBB~B I ... ;:i :s -~ I i ~ ~ D .d I,~ ,--------------------------J , .. n ~ ) s-~1 ~;lj , ! ____________________ , i: ~-\, ~-7.:::--I I~ i ' ~ ' .{! ' rl ·;L . .)_ __ 7 1~ r : !-_/ ~ : i .. '.:, 9 .' ~~c~~'!'~'.1.~-.'i@ i [ ________ 1/~l ________________________________________________________ j HUNTER CLARK, INC PAUL CLARK 01 511(1'1.HI Ot1141Xlll PC ~ OWnM~· 2'48-J'4J·6269 ~i--~=--+---=---!--;;;;;;:-tM~ooiuu tAi.'[~'Y~~0=.· !1--~~~~~~33~0~1C~A~P~IT~O~L~C~ITY..:..._B~OU~L_E_VA_R_D~~~~~-----1 1~ I" = 100' PLUMBING LABEL SHEET HUNTER CLARK, INC PAUL CLARK PHONF": 248-.:HJ-6269 P-3 L-~~~~--'--~~~~~~~~~-29- r aua 8-*A STRVCT~N. - INSU..Al[ HOT WAT[R PF'(5 <ALL EXPOSCOI STR[HCTH 2!10 LBS !Tl w .. , '"""'" ""· ~ ~OVIOC 4·04· O:RllMC TLCS ON TOL[TS WH..LS Al 4•-0· HCH ITYP.I ICPTIC»loll roR O'fn<RI IAT rNSHNC 5TACEI n PROVIDE BACKING FOR ALL WALL MOUNTED FIXTURES ... BARRIER FREE TOILET DETAILS NO SCAlt. CODE SUMMARY - IHSTollLCD AWAY fROMWAll~ '----, \ mp N<J Pl~C LOCATED OUTS()( COCll[R nooR HOT[S1 I. H5'TH..L ACCORONI< TO l.IN<tl..l'ACTLACR'S N51RUCTIONS. MET~£ FREE ST ANDING DRINKING WATER FOUNTAIN ADA ~ SPOUT wnH HOSE [/'({) -NID PM.HOOK SERVICE fMJCET WITH VACUUM BR(A.l<[R J-DIA. P·TRAP MOP SINK DETAIL gtH ~~ "-./. •u ~Im •l•I• ·1·1· ••• ~ ~ ~ ·1·1· ~ ~ ~ <>ISIS c "' < > w _J :::> 0 m I~ ... ii: < 0 ~ I "' ~ U N z ~ -_ ~ ~ ~ ~xil:i d~~ D::U·· ~__J~ t ~~~ 0 :x:a..a.. CV) !/) _J < ... w c " z iii :E :::> _J a.. 0 0 :1~ • I -n. I t --=-- ~·-- 3301 CAPIT4i CITY MEDS .125" POLY VINYL "FLEXFACE" I ABINET -2"X2" ALUMINUM SKIN L 111 ~ -ti --, " DIA. SCHED 40 POST WITH 3' ft I __ 1_J --~INSERT INTO MAIN COLUMN WITH 11 I I 3/4" CAP PLATE & 2 -3/4" PLATES ~ LED MESSAGE CENTER---------------F T-----------.08 ALUMINUM POLE COVER t i---r----------12" DIA. SCHED 40 POLE 24"X24"X2/4" STEEL BASE PLATE~.--j I WITH 1/2" GUSSETS L~ I I I -1" DIA. X 24" ANCHOR BOLTS~ I I I 1---------8' X 5' X 5' CONCRETE FOUNDATION I I --WITH #8 12" X 12" REBAR FRONT VIEW CONCRETE FOUNDATION 200 CU. FT. = 24.00 K D.L. CONCRETE = 3,000 PSI WIND FORCE RESISTANCE EXPOSURE 90 MPH MAX. HORIZONTAL LOAD =24 PSF TOT AL SIGN LOAD = 3.0 K END VIEW "i.t gH j~ ;~ •o ~n a x ~ i . § ' ii I ~ I I I I I ~ ~ ~ ·I 11111 ;;; § ~ ;o! q, : b q, :;; ~ ·!S -~t ~~"'!! '5ih oq; ~r ~ ~~1 CV) '-.. !: ' ..J ii < .... w c z " iii "' ~ u ..J 0 .... a: <{ u ~h-w _, <t ~ 0 r I~ r "' 0 z ' a l 10"" 10 I w N I ----- stamps endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0561 9982 73 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02120/2018 Mailing Date: 0212012018 From: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 To: Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply_ There is no fee for Delivery Confirmation"' service on Priority Mail services with use of this electronic shipping label. Postmar1< reqtjred if fee refund requested_ Delivery information is not available by phone for the eledronlc option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. February 20, 2018 Cap City Medication Station c/o Kim Gaetano 11999 Gratiot Ave Detroit, Ml 48082 Dear Ms. Gaetano, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 51_33_7-0068 FAX www.lansingmi.gov/clerk:;; crerk@lansingmi.gov Name ~f Establishment CAP CITY MEDICATION STATION I Establishment OBA (If Known) Establishment Addre.ss 3301 CAPITAL CITY BLVD -·-,-C-it-y---'----State ___ Lansing Ml Medical Marihuana Provisioning Center Application OFFICAL USE ONLY February 1, 2018 APPROVAL DENIED Building Review: Approval Denied -Structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. The facility operators have knowingly operated without a Certificate of Occupancy in violation of Michigan Building Code 2015 section 111.1. The facility operators have a history of noncompliance, see MCL 333.27402 (3) (g). Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. James Bennett, C.B.O. Building Safety Office Department of Economic Development and Planning Page 1of1 -34- .; 16 \. ('npitol An:_ Smte C-l .... L.;;w;in§, i\.11 4S9J.~-1 2J8 -t5 i 7} .:l~J-4355 ·-Fm: (5: 7 I 377-(1 ! (;\: Virg LlcmmJ. Mayor Registered Design Pro.fessiomii Form R1!b<0<1 John::1m. Oir~l'll>r \1,,1.\:.·.l:!nsin;;n1i.gov Building Safr~ty Office H.egistc1·ed Design J>rofessional in Responsi blc Charge (DPHC) In accordance with the section [07.3.4 MBC 2011, the .Prnject O·.n?er m11s1 designak-lhc licensed archic<:C'I or engineer who is the project 's Registered Design f'rofos~ional in Responsible Charge. The d~signr1ted archilcct/engint:~r musL b1: a licensed pmft-ss i,1nal, and is n:sponsibfe for reviewing and coordiiwting all submittal documents prepared by consul!n11ts for comparibility wilh the building di:~ign. Doc11111t·n1~ rnay incluu::: design/huild submittals, defer.red sub111it1ali<, special ir1spec1ioi1S ;rnd slru0111rnl nhserv::ir-ions. Project Address: 330 I Capitol City Blvd --------------·----- Projcct!Tcn:rnt Name: Medica.I Marihuar1a Care Giver· Center/ Capitol City, LLC COl, Project#; 7 J 215 ---------·-----·--------· Registered Design Professional in Responsible Charge First Name: Paul Lnsl Name: Clemente Company: Angle Design & Consn-ucLion, LLC ·--------·----Phone: J 13.220.5439 Ad<lress: (i200 Schaefel' Rd City: Dearborn State: fl,{j Zip: 4:\12(; ·---- E-mail: mhachem@angll:design@com::::ist.biz C<:!i: 2ll4.797.04<!7 Fax: ::i !3.943.3'.i.58 _,,...,.----... ·---· /'7 . License# 4794 1 . /"" ,. _) C f :l~) \ ·--M:J ... 1 I I /.; / I accept the Responsibilities of DPRC: Signmnre __;f!jv· i,_ (.,. / '_ ..,/'""-.:::::;::---- Owner Information ---.,'- Fi:st Name: Addr<~ss· Ciry : Si-ate: -·-------·-------~--·--I E-mail: Fax: --------· -----~---------------------0~;·-· =~~~--~:~.~ As the PRO.lECT OVv'NER, I dt>~ignatt! tl1r :ilJO\'<' pcr~O!l as"!}" rl)giskred prof<t;;:;iomd for the prnj 1,~:t1101~. -~u ····1_ v r: .. 1 I understand that tht: architect/engineer <lesigm11cd shalt b~ n:sponsiblc foi ;·t·vi;:wing :.!nd coordi1rn<ing al! !;1111:-ni~~ ,...., docu111cn!s. prepared by others for rhe dmat ion of lilt: pr()_j.:-;.::.. I al~.(! 1md(:rw111d !hat .\ must provide wrinen 0. C-\ rn norific;irk,n to the Building Official if my ciesi~;nce is ch:1n),1ecJ. -·! __ --·:...~ ~ -·--...:.. fT'! C-:> ·--_________________ .r::: ..... 1:..:i i.._,• Dr. re f"'ll .; •• -• .• 1 Owner Signll tu re ~ -35- Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 Location of Proposed Construction: Facility Name: ~A4?Cfj ~--~\Tc.Atrcr.. Shttiu~Address: 330 r Ci:ta:+'J L c; ~ l>lvp I LA,..,3;~ ( H:t 4'¥Cf~ Parcel Number: 5 3 -bl -01 -O'o -Z.01-t}71 SuiteNumber: _________________ _ Building Data: Gross Floor Area: New Building: Z.J I '3 SQ. FT. Addition: ___ SQ. FT. Alteration: 295" SQ. FT. Repair: ___ SQ. FT. Classification per Building Code: Building Use Group: _LL Construction Type:}fB -r-'f I 'i Area per Floor: __ _ No. of Floors: I Number of Occupants: 3 \,, Fire Sprinklers: None: __ Entire Building:__ Limited Area (Describe):-------------- Description of Project:----------------------------------- . Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and CJ Firm Name: C&A Engineers Licensed Individual: Shaukal Alvi -respo11siblefor slteets Tl & Cl Email:James.carter@caengineersllc.com Michigan License Number: 620 I 053122 Mailing Address: 119 Per Marquette Dr, Ste 20 Telephone Number: (-2!]__) 925-8352 City: Lansing State:~ Zip: 48917 Fax Number: l_i!l_) _9:.._0:....;;8_-0:....;;5-'-96-'------ Applicant: Firm Name: Individual: _ __:_K_~ .._Q~..:::&c..:.~.=.=f._,_A.,,_N_ .. o::. ______ _ Email: a--DrcKMss.@ dn c.f>Mflj; LJ . 'on Mailing Address: '3 3 ti! CAq; +oL c_; :fJ 8Lv0 City: _L~f!l~/\-,_J~~-'J,_..,_ _____ State: Jj;;f_ Zip: lf&'tC~ Telephone Number: ( s· r7 ) ·z..:_s o -lCZ. ~I Fax Number: L__) -------- Applicant Signature: ~/ \·~· -· '7 .. · · -'u\...-<?\ .. . ;; / ·----ProjecUConstruction Manager: (If Applicable) Firm Name:-------------- Email: ------------- Individual:---------------- Mailing Address:---------------City:-----------State: __ Zip: __ _ Telephone Number: ( Fax Number: L__) --------- , __ ' Building/Property Owner: Firm Name:--------------Jndividual: K: O"), G-A-1!.fo.tS t> Email: ~IJ)i d<..(..'-' > CV;, Mailing Address: 35 0/ c,.¢,,e:f.~L c; ~ GL\fD Telephone Number: Wl_) 2. 3D -1 "'?:> ''/ ( Valuation of Work: $ '2 D Do ti . 0..0.----+-':.._:.._-'----·----Plan Review Fee: $ --------~~-- _ ...... -36- BUILDING PERMIT APPLICATION Permit#: ---------- City of Lansing Building Safety Office FC ff: ---------- 316 N Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 Project#:---------- Applicant K;M bfH:-f~ Property Owner K ~ rt 6--A~~l'l D Contractor Architect/Engineer DESCRIBE WORK: (517) 483-4355 Address 51ol CA~i ft>I... c.; +~ lS"\.~D H:I:. t-j . ~ ct-~uJµ "JL '1 gqo Phone Address I l '1 t.. Q_ J:1Atl-tj0f...~ {);>_, .J::}Z: Phone City, State, Zip f,...8-1-{'ii!J ,h:r 'lb~ 1 ·1 (511)<1i:)'6-05'1t:. Email • :5M£J. r5ca.. &. Phone 517 --Z~v -f&'ll Phone License Number Exp. Date License Number For Residential Property: Number of dwelling units --1---Number of Bedrooms ___ _ F C I IP '2\\.0 or ommerc a roperly: Sq. Footage • Fire Suppression System? Yes __ . No.¥- • · Applicant has read, understands, and accepts the conditions in PART I on the reverse side. • Residential contractors MUST complete PART II on the reverse side of this form. ·Section 23a of the State Construction Code Act of 1972, 1972 PA 230,MCL 125.1523A, prohibits a person from ·conspiring to clrcuinvent the licensing requirements ol this state relatlng to persons who are to perfonn work on a residential building or a residential structure. Violators of Section 23a are subject to clvll fines. Date _..., OR OFFICE USE ONLY o New Building (SFR) o New Building (Com) o Convert Valuation of Work $ ________ _ o Siding o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch o Mobile Home Set-up o Pciol o Other _____ _ o Investigation Fee o Certificate of Occupancy Required o Community Development Program o Residential Rental CONSTRUCTION TYPE _____ USE GROUP ____ _ ZONING DISTRICT LAND USE ______ _ . PROJECT IS IN THE FLOOD PLAIN: 0 Yes o No COMMENTS -37- Plan Review Fee$ ________ _ Building Permit Fee $ ______ _ Technology Fee$ 10.00 !All Bulldlng Permits) Building Permit $...::2=5;.:.:.0::..::0:;,_*_*""""7----- Application 1> Electronic Conversion $ -"t"f::"--===,1----TOTAL FEE $_-,-~--=-;.~~·~~~u_ c;·J (:1) ! I : APPROVALS c: ~(-, TE •. _,.:: i I: Zoning v .. ~--..: -· ! , c : ·--, Building i' i"J 1..___, -·-.I:" .. NOTE -These lees apply only to license if conll'~ctors for Permit types that can be obtained· onllne (Roofing, Siding And Roofing and Siding) BujldWr Permit -Page 2 of 2 PARTI I do hereby swear and warrant that all statements made by me in this application are correct to the best of my knowledge and that, in consideration of the granting of this permit, I agree to save the City of Lansing harmless from any and all damages. I hereby agree to construct said work in all respects in compliance with the Statutes of the State of Michigan and the Ordinances of the City of Lansing, Michigan. I do hereby agree to locate this building on the lot so that it will conform with all Zoning and Building regulations. All information submitted on this application is accurate to the best of my knowledge. PARTH Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to clvll fines. FOR RESIDENTIAL CONTRACTOR ONLY: , . Applicant is responsible for the payment of all fees and charges applicable to this application and must provide the ·following information. Name · Phone .. Address . I City I State I Zip Federal l.D. No. MESC Employer Number or Reason for Exemption Wor'ket's Comp. Insurance Carrier or Reason for Exemption I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this aITplication as his authorized agent, and we agree to conform to all applicable laws of the State of Michigan. A I information submitted on this application is accurate to the best of my knowledge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Signature of Applicant Application Date ~--('..j -.-. ~) ,., .. -.... --~~.I~ -l-, Investigation fee: Whenever any work for which a permit is required by Code has been commence!fwit[G,Lt ~:::~:; first obtaining said permit, a special investigation shall be made before a permit may be issued for sl!£~ w~ik. · o An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then Of:§ubse'que:rillY issued~ The payment of such investigation fee shall not exempt any person from compliance with all D,ther:J.I.rovi~ns of the Code nor from any penalty prescribed by law. p f;':? ;;:j Effective July 1, 2016 Last Update 09/1212016 ri'l -38- March 6, 2018 Chris Swope Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 Dear Clerk and Staff; 1 :~> .. (/3 ,_ .. ( .. ) ~ -. \. •' j"°"" i'I ....... 1 ... - ~·-.J ·:.:::::J (:;::) ._....:., • ·~1·• ;:·c.'.) ... _= :: ... :~1 _;_j,. \.D r'.o ··- As per your February 21, 2018 letter of denial to my client, CapCity Medication Station c/o Kim Gaetano, I am writing you to appeal the denial of Kim Gaetano's application for a City of Lansing Medical marihuana license. According to the language of your letter, the applicant has a right to an appeal within 14 days upon receipt of the letter by filing a written statement to your office. Additionally, pursuant to the City of Lansing, Michigan Ordinance 1217 Section 1300.15(C) states, "Any applicant aggrieved by the denial or revocation of a license or adverse decision under this chapter may appeal to the clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the clerk." My client wishes to exercise her opportunity to appeal the denial. The applicant, Kim Gaetano, believes that the language of the potential for denial letter (Exhibit A) received from the Lansing City Clerk did not allow the applicant ability to comply with Michigan Building Code 2015 section 111.1 within a reasonable time period. Also, the language of the City of Lansing Ordinance 1217 did not indicate that an applicant must secure a certificate of occupancy prior to applying for a medical marihuanalicense. I. BASIS OF APPEAL Kim Gaetano' s appeal is based on the following areas of discussion: 1. The owner of the premises was granted a building permit in 2016 to acquire a change of use (M group) but did not complete the building construction was not granted a certificate of occupancy, however, the owner is not the applicant for a City of Lansing medical 1 -39- .. ~:t·· I .. r-1-~ (".) ~If -·--- /T'l i~.~=i marihuana license. Kim Gaetano, the applicant, was not aware that the work needed to be done by Mr. Dickens was not completed. 2. The applicant for the Lansing Medical Marihuana medical marihuana license is not the owner of the premises, therefore, upon notice of lack of a certificate of occupancy there should have been given reasonable amount of time to acquire the certificate of occupancy and come into compliance, for which 10 days was not reasonable time to secure a certificate of occupancy. 3. Pursuant to the City of Lansing Ordinance 1217, the ordinance is vague and ambiguous on whether an applicant is required to obtain a certificate of occupancy prior to an applicant's application for a such license. 4. The City of Lansing Clerk's letter for potential denial for lack of a valid certificate of occupancy was vague when it demands that the applicant "address the deficiency" for which, Kim Gaetano, the applicant submitted an application for "change of use" to "address the deficiency" in order to obtain a valid certificate of occupancy. 5. On February 21, 2018; the applicant, Kim Gaetano, received the letter from the Lansing City Clerk's office denying its medical marihuana license within 3 business days of the applicant's application for "change of use", which seems not to be reasonable tiineforthe applicant to have notice of whether her application for "change of use" has been accepted, considered, approved or denied. II. APPEAL DISCUSSION A. Prior Occurrence In August 2016 a permit was issued by the City of Lansing (Exhibit B) to 3301 Capital City . Blvd. The applicant of the Site Plan Review and Building Permit applications was Jamaine Dickens (Exhibit C, D, E). The pemiit was issued on August 2016 with construction conditions, however, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and, Mr. Dickens was not granted a certificate of occupation and change of use · code. But, Kim Gaetano, as the applicant for the City of Lansing's medical marihuana license was not building permit holder and should not be responsible for Mr. Dickens's frulure. She was -40- 2 not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Kim Gaetano's application for a City of Lansing medical marihuana provisioning center should not be denied, without allowing Kim the opportunity to apply for a certificate of occupancy for which Kim Gaetano has applied. On February 2, 2018, the Lansing City Clerk sent a letter to Kim Gaetano allowing Kim Gaetano to address the deficiency for the lack of a valid certificate of occupancy within 10 business days. Thereafter, Kim Gaetano responded by resubmitting facility plans with the change of use, an application for a Site Plan Review; a Building Permit for change of use, and a Registered Design Professional Form (Exhibits F, G, H, I) within the 10 days. The City of Lansing promptly denied Kim Gaetano's application, disregarding Kim Gaetano's efforts to address the deficiency. Kim Gaetano application should not be denied without allowing her to apply for a certificate of occupation, as she attempted to address as required via the Lansing City Clerk's Februai-y 2, 2018 letter demands. II. REASONABLE TIME TO SECURE A VALID CERTI~ICATE OF OCCUPANCY On February 2, the Lansing City Clerk sent Kim Gaetano, CapCity Medication Station, a letter advising that her application for a City of Lansing medical marihuana license has been recommended for denial by the Building and Safety Department (Exhibit J). The rea.Son given was because the "structure lacks a valid Certificate of Occupancy as a retail (group M) use and not alterations or obtaining a change of use group permit is indicated on the application". In prompt response, Kim Gaetano submitted a building permit application to the Building and Safety Department, by hand delivery, which were denied by Mr. Jim Bennett. Because of his refusal to accept the documents, they were sent via email on February 9th (Exhibit K). I, Brant Johnson, as her representative, contacted Building and Safety via phone for any instructions, which was not responded to within the 10 days ofreceipt of Kim Gaetano's letter. On February 16th, Kim Gaetano took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan draWings ·· to "address" the deficiency, via email, as the City Clerk letter required. (Exhibit L) -41- 3 In summary, on February 9th and February 161h of2018, the City of Lansing's Clerk's office received, via email and hard copies, Kim Gaetano's response to the City of Lansing's February 2nd recommendation for denial letter. February 16th was a Friday, and by Wednesday February 21 51, Kim Gaetano received the letter for denial. It is clear that the City Clerk's office ignored Kim Gaetano's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently her application was denied. Now belies the question, whether 10 days was a reasonable amount of time for an applicant to secure a valid certificate of occupancy, or, to "address" the deficiency of the lack of a valid certificate of occupancy. In this matter, upon receipt of the City of Lansing's February 2nd letter, Kim Gaetano addressed the deficiency by applying for a Building Permit in order to secure the certificate of occupancy. Conversely, if building permit and site plan review applications were needed, and the applicant needed to have the location repaired and inspected prior to securing a certificate of occupancy, it is unreasonable to require an applicant to secure a certificate.of occupanci within 10 business days. Under these circumstances, to require an applicantto secure a valid certificate of occupancy within 10 business days was unreasonable. Therefore, Kini Gaetano could not have complied with the City Clerk's February 2nd letter, and her application was unfairly denied. III. CITY OF LANSING ORDINANCE 1217 IS VAGUE AND AMBIGUOUS AS TO WHETHER A CERTIFICATE OF OCCUPANCY IS REQUIRED FORAN APPLICANT; HINDERING KIM GAETANO FROM COMPLYING. Upon extensive review of the City of Lansing Ordinance No. 1217, there is no language that an applicant for a City of Lansing medical marihuana li.cense is required to secure a "valid certificate of occupancy". The ordinance speaks to ownership, location, zoning, and operational requirements, and there is no language speaking regarding certificate of occupancy. Pursuant to the City of Lansing Ordinance 1217, § 1300.S(E), ''No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. -42- 4 In this matter, the City of Lansing may argue that since to Mr. Dickens failed to complete the construction requirements under the original building permit and that the location was not in compliance with all of the laws which the Building and Safety departments are charged with enforcement. Pursuant to Section (E) herein, the ordinance states that, "No application shall be approved", without to inspection of the proposed location for compliance. However, it doesn't state that an application shall be denied prior to inspection. Furthermore, in Kim Gaetano's case, the applicant should have been given a reasonable amount of time to bring the location into compliance. Here, once the applicant, Kim Gaetano, was notified that the location was not in compliance, she submitted a building permit and a site plan review application to bring the location in to compliance. Additionally, if the location was required to be "inspected", then the City of Lansing did not allot reasonable time, I 0 business days, to Kim Gaetano for an inspection. And, the City of Lansing did not give Kim Gaetano any notice whether her building permit and site plan review applications were approved, processed, or denied, before she was unfairly issued an application denial letter. The language of Section (E) is vague and ambiguous and does not express that an applicant is. required to secure a certificate of occupancy prior to applying for a license for a City of Lansing provisioning center. To deny an application pursuant to Section (E) is unreasonable because the language bf Section (E) is vague and ambiguous. Dictionary.corn's definitions of the term "vague" is as following: Vague means: Not clearly or explicitly stated or expressed; Indefinite or indistinct in nature of character; and Not clear or distinct tci the sight or any other sense .... The language of Section (E), City of Lansing Ordinance 1217, is "not clear" and does not "explicitly state or express" whether an applicant's locationis to be "inspected" prior to an applicant submitting an application. Nor, does it "explicitly state or express" whether in Section (E) that an applicant must secure a certificate of occupancy. Further, the City of Lansing Ordinance 1217, is clearly vague whether a certificate of occupancy is even required; hindering 5 -43- an applicant to comply with such requirement prior to applying for City of Lansing medical marihuana license. Section (E) states that "no application shall be approved". The statement, "no application shall be approved", is vague as to whether the City of Lansing's Fire Department and Building and Safety office must "inspect" a location prior to applying for a license, thus receiving the Fire Department and Building and Safety office's approval. Here, after being notified that a certificate of occupancy was required, Kim Gaetano, submitted a building permit and site plan review application; and no City of Lansing department inspected the premises. And, no department inspected the premises after she submitted an application for a City of Lansing medical marihuana medical marihuana license. The City seemed to ignore or disregard Kim Gaetano's efforts to secure a certificate of occupancy. Based on the facts, Kim Gaetano was not able to comply with the City Clerk's February 2nd letter. Dictionary.com defines "ambiguous" as the following: Ambiguous means: Open to or having several possible meanings or intei;pretations; equivocal; Of doubtful or uncertain nature; difficult to comprehend, distinguish, or classify; Lacking clearness or definiteness; obscure; indistinct. As stated above, the City of Lansing Ordinance 1217 is ambiguous on whether an applicant's application will be denied for the lack of a certificate of occupancy. The ordinance does not have any language regarding an applicant's need for a valid certificate of occupancy in order to apply for a City of Lansing medical marihuana license. Section (E) can definitely have "several possible meanings and interpretations" whether the City of Lansing Fire Department and Building and Safety departments shall inspect a location, for compliance, prior to an applicant submitting an application for a City of Lansing medical marihuana license. Here, Kim Gaetano's application was denied, prior to any inspection by the Fire Department and Building and Safety. The language of the ordinance, specifically Section (E), lacks "clearness or definiteness" because the ordinance's language does not specify whether an applicant is to have his/her location "inspected" prior to applying for a City of Lansing medical marihuaria license. Hypothetically, how can the Fire and Safety Departments "inspect" a location that isn't built yet, 6 -44- for which the City of Lansing has received numerous medical marihuana license applications. Are all of those applications being denied? It is "doubtful and uncertain and difficult to comprehend" that the language of the ordinance intends to deny all applications for proposing medical marihuana licenses that have not been built. The Fire Department and Building and Safety departments cannot inspect those locations for compliance. As stated above, Kim Gaetano's application was denied prior to any inspection and prior to being given a reasonable amount of time to have her building permit and site plan review applications reviewed, processed, then denied. Therefore, the ambiguous language of the City of Lansing Ordinance 1217, specifically Section (E) should not trigger a denial for lack of a certificate of occupancy, because it hindered Kim Gaetano to comply with the City Clerk's February 2nd letter. Additionally, the City of Lansing's February 2nd letter to Kim Gaetano states that the structure lacks a valid certificate of occupancy which is a violation of the Michigan Building Code 2015 section 111.1. · However, the City of Lansing Ordinance 1217 does not speak to Michigan Building Code 2015 at all. As stated above, based on the language of City of Lansing Ordinance 1217 hindered Kirri Gaetano from complying with Michigan Code Section 111. l. Here, the city ordinance doesn't speak to the Michigan Building Code. Also, the city ordinance does not speak to whether occupation of a structure was required prior to Kim Gaetano applying for a City of Lansing medical marihuana license. If so, then such language is unclear, left to multiple interpretations, and not explicitly stated or expressed. As Michigan Code Section 111.1 relates to all of the applications that have been submitted for buildirigs that have not been occupied. In other words, for all of the applicants whom facilities that have not been built yet, those locations are not occupied and they haven't secured a · · certificate of occupancy. Based on the City Clerk's February 2nd and February 21st letters sent to Kim Gaetano, all of those applicants are in violation of Michigan Building Code Section 111.1. Are they precluded from applying for a City of Lansing medical marihuana license until they secure a certificate of occupancy? Are all of those applications being denied? Is that the intent City of Lansing Ordinance 1217? Is an applicant required to occupy and secure a certificate.of 7 -45- occupancy, pursuant to Michigan Code Section 111.1 in order to apply for a City of Lansing medical marihuana license? If that is the intent of the language of City of Lansing Ordinance 1217, then such intention must be clear, to avoid hindering all such applicants from complying with the City of Lansing Ordinance 121 7. IV. THE CITY OF LANSING FEBRUARY 2No POTENTIAL DENIAL LETTER. Kim Gaetano received a letter from the City of Lansing's Clerks office dated February 2, 2018. recommending for denial by Building and Safety Department, because of: "The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1 ... If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied". As stated .above, Kim Gaetano promptly responded to address the deficiency noted in the City Clerk's February 2nd letter, by submitting a building permit and site plan review applications to secure a certificate of occupancy. As previously argued, the language of the City of Lansing ... Ordinance failed to expressly state that a certificate of occupancy was required prior to Kim Gaetano applying for a medical marihuana license. Nonetheless, the February 2nd letter uses the term "address'', which may be left up to multiple interpretations. The City Clerk's letter should have clearer as to what was meant by "address this deficiency", other than for Kim Gaetano ~aving to apply for a certificate of occupancy for which she did on February 9th and 16th in order to comply with the Michigan Building Code Section 111.1 and the City of Lansing Ordinance 1217. Additionally, the City Clerk's February 2nd letter, states that the lack of the applicant's valid Certificate of Occupancy is in violation of the Michigan Code 2015 Section 111.1. However, according to the City of Lansing City Ordinance 1217, there is no Michigan Code 2015 Section 111. l language in the ordinance. There are no references to such code. There are no other citations within the ordinance that leads the reader to refer to Michigan Code 2015. -46- 8 The City of Lansing Ordinance 1217, Section 1300.1 and Section 1300.2 gives the Medical Marihuana Facilities Act (Public Act 281) and the 2008 Medical Marihuana Act legal precedence to definitions and meanings over the Lansing's Ordinance 1217. In such, Public Act 281, Section 333.27206 "New Rules" state that, "The department, in consultation with the board, shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act". Consequently, the Michigan License and Regulatory Affairs (LARA) department in consultations with the Michigan Medical Marihuana board issued emergency rules (Emergency Rules) on December 4, 2017. Pursuant to the Emergency Rule 26(3), "An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy being issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: .(a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance, enforcement, and inspection of building permits under this act may remairi with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. . (b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. Kim Gaetano submits that the Emergency Rule (26) confirms the need to secure a certificate of occupancy for a marihuana facility. But, Rule (26) specifically states that "an applicant or licensee shall not "operate" a marihuana facility unless a permanent certificate of occupancy has been issued. It is clear, that the Emergency Rules do not preclude an applicant from applying for a medical marihuana facilities license prior to securing a certificate of occupancy. The language of Emergency Rule (26) explicitly uses the term "operate". This language does not preclude Kim Gaetano from applying for a medical marihuana license; she may not "operate" a marihuana facility without the certificate of occupancy. 9 -47- In Kim Gaetano's matter, ifthe Emergency Rule (26) apply Kim Gaetano's application should I not be denied, because the Emergency Rules are clear. The Emergency Rule (26) prevents an applicant from "operating", and not from applying for a medical marihuana license. VII. CONCLUSION Kim Gaetano is committed to the City of Lansing. She could have applied for a medical marihuana license from another location within the allowable City of Lansing zoned areas. Kim Gaetano could have sought out other communities for her potential business ventures. She chose to make an investment in Lansing and their citizens, with jobs, taxes and property improvements. Kim Gaetano has over 10 years in the Medical Marihuana industry from Colorado to Washington. Kim has been very successful in all of medical marihuana enterprises, generating sales of over $2 million and employed many staff members, as an upstanding community leader. In conclusion, Kim Gaetano' s application for a City of Lansing medical marihuana license was unfairly denied. The City of Lansing Ordinance 1217' s language is vague and ambiguous on the matter for which the City Clerk based their denial of Kim Gaetano's application. Kim Gaetano applicant and should be given the opportunity to have her building and safety applications accepted and processed prior to the City Clerk denying her application. The ordinance does not clearly state that a: certificate of occupancy is required prior to applying for a City of Lansing medical marihuana license. If the ordinance's intent was for applicants to secure a valid certificate of occupancy, then all applicants who have not occupied their locations and who cannot secure a certificate of occupancy prior to applying for a City of Lansing medical marihuana license should be denied. I do not believe that is the City of Lansing Ordinance 1217's intent. Upon receipt of the February 2nd City Clerk's letter, Kim Gaetano promptly addressed the deficiency and applied to secure a valid certificate of occupancy. On these grounds, Kim Gaetano appeal to the City of Lansing's denial of her application should be granted. Thankypu . .. ~---- Brant A. Johnson Brant A. Johnson & Associates 10 -48- February 21, 2018 Cap City Medication Station c/o Kim Gaetano 11999 Gratiot Ave Detroit, Ml 48082 Dear Ms. Gaetano, Chris Swope Lansing City Clerk (..: ·' -· .... ~ -,. c·j r·-· \:::i !''I ~.-':' c .. .) ... -~ ·~ ,-· ..... I ' ---- ···· This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd has been denied. You have failed to obtain a valid Certificate of Occupancy as a retail (group M) use. You have the right to appeal this decision within 14 days of the date of this letter by filing a written statement with the City Clerk's Office setting forth fully the grounds for the appeal. Chapter 1300 provides that should the applicant not receive a license, one-half the appiication fee shall be returned. This refund will be processed after all appeals are exhausted. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mier 49 Ave., Lansing, Ml 48933-1695 517-483-4131 $ C.. :77-0068 FAX Appiicant: Joel Cardenas 1224 Vermont Street Lansing MI 48906 Building Sa.f ety Office Department of Planning and Neighborhood Development 315 North Capital Ave Suite C-1 Lansing, Michigan 48933~1238 (517) 48;34355 Building Permit Nµmbe1·: Type Status: ISSlTED • r-.:i PB16-1166=: Applied: Issued: Expires: Finaled: ,-· 1.:.- t.: .. :1 ::::.J --· 0&11412rri'? O~f24120% ,.,-, .. I' I f.._,) 02720/2yl.,-? .... _ .. -·· THE BUILDING PERJVIIT OR COPY SHALL BE KEPT ON THE SITE OF THE WORK UNTIL COMPLETION OF THE PROJECT LOCATION OWNER CONTRACTOR _,.·\ .. I -·-·· !O 3301 CAPITAL CITY BLVD 3301 CAPITOL CITY L L C foe! Cardenas I 33-01-01-06-201-on 615 GRISWALD 1224 Vermont S"Lreet j Zoning District: EAST LANSING MI 48826 Lansing MI 48906 (517) 402 7237 I I i Phone: Phone: Fax: Fax: Inspector: Chad Wakley (5 ! 7) 483 4364 chad.wakley@lansingmi.gov Work Description: Change of Use Group - B to M Phased Approval Permit -Main Building Drive Up Window. Full Project 11-9-16 JEB Stipulations: Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan Barrier Free Design Rules. All work is subject to field review, inspection, and approval. Shall comply with all applicable provisions of the 2012 Michigan Buildi.'1g Code (MBC) and Michigan Barrier Free Design Rules. The holder of a phased approval permit shall proceed at the holders own risk without assurance that the permit for the entire structure will be granted per section 107.3.3 MBC 2012. ADDITIONAL FEES WILL BE REQUIRED. Contractor must provide a paper copy of the approved plans or an electronic copy of the approved plans and a suitable means of viewing them for use by the inspection staff. All work is subject to field review, inspection, and approval. Primary Constructions Type: 58 Primary Use Group: M Primary Zoning Districr: Project: JCCG16-00!8 Perinit Item Com $1-$2,000 Technology Fee Work Type Standard Item Commercial Standard Item -50- Fee Basis 1.00 1.00 Hem Total $90.00 $10.00 Fee Total: Amount Paid: Balance Due: i -:-;. . .. " ·'· .' "' ... .. ----!':-.~ ....... i -·' ' c· • J i-- l"f"l ~:~-~ ..... ., -51- $100.00 $100.00 $0.00 r"'·-' c::..> c:·=• -~:::··; •. •.•. ;:.-,J ; : t .-" -~ ~-1··: :e···" --r-i-: <..O \=~) ('._,_) 0 CONDITIONS UNDER WHKCH BUILDING PERMIT ISSUED This permit is issued upon the express conditions that the person, firm, or corporation named on this pe1mit is responsible for aE work authorized by this permit to its completion and that such work shall conform in all respects to the statements certified to in the application for this pe1mit and that all work shall be done in accordance wirh the provisions of the statutes of the State of Michigan and the ordinaQces and codes of the City of Lansing pertaining to the erection of buildings. This permit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed nu!! and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. A,1.y deviation from the approved plans shall require approval as in the original examination and approval process. Any person who owns, controls, or is in possession of a construction site or building under construction shall "maintain the consmiction site, building under construction, and adjacent area free of litter, garbage, debris and waste material" and "maintain the street, road, or highways adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and sweep such areas at !east once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied l!!ltil final inspectior: has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the .Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision restrictions before starting conshuction. ADDITIONAL SPECIAL NOTE FOR COMMERCIAUINDUSTRIAL PROJECTS: construction and development signago: for new projects shall be subject to the issuance of the building permit and comply with the City of Lansing sign ordinance. NOTICE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issua01ce of any buiiding and/or trade pem1it(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demolition of this property. The t:ermit applicant/owner assumes any risks and costs associated with obtaining the permit(s) for the property listed above. Due to the volume of inspections, all request for inspectfoirrn must be received at least 24 hours in <i!<lv:mce. BEFORE YOU DIG You must call 1-800-482-7171 at least 3 working days before digging. Have the following infonnation available: *County, City or Township *Location of work -str•!et address * Intersecting streets/roads * Distance from intersection/direction *Extent of work Front'rear/both sides *Date of excavation *Start time of excavation *Type of work * Caller's name '°' Contractor -Contact phone number * Contact person -additional info1mation Warning advisory re: JP'ressuR""e Treated Lumber Based on current data from a number of industry sources, it is highly recommended that all metal in contact witb. ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. 1·-· l :'•.,.:, ..., .. ·~.1 1:.1:, C.i •' ~~~~ -: ... ,. .. ·-:·~, ~-r·~ ~ •• J ·' ('···. '·· -.... __ ....... I . .. ~ .".°'·!T ··~-~.:.:: ·-.. n-1 ~:-.. ·: r -·· 'f.j ' ·--· : rq ,. ... · ... ! (,) C:) ..; -52- BUILDING PERMff APPUC1~TiON Permit#: ________ _ City of Lansing Building Safety Office FC #: -------- 316 N Capitol Ave., Suite C-i Lansing, Ml 48933--1238 Project#: _________ _ (517) 483-4355 I 4356 LOCATION Address 3301 Capital City Blvd. Lansing, Ml 48906 OF WORK TO t-:--Lo-:t-;:N-;-o-.------r-::s=-u..,..b_,d,....iv,....is..,..io-n------------o-;:P-a-rc-e.,-1 "N-o.----- B E DONE 33-01-01 -06-201-071 Applicant Address 3301 Capital City Blvd. Phone Jamaine Dickens (517) 230-1841 Property Owner Phone 3301 Capital City Blvd. Cit . State, Zip Lansino, Ml 48906 (517) 230-1841 1-,-C-o-nt-ra-c-to-r------~-A-a-.d-r-es_s_1_2~2~4~V'-'--"'e~rm==-o~n~t·Street ~~ho-n-~----;-L-i-ce_n_s_e-~~Ju_m_b_e_r ___ _ Joel Cardenas Cit State Zi Lansinq, i'vll 48906 j S'l7-402 .. 7237 Ex . Date ~A~rc..,..h~ite_c_V~E~n--g..,..in_e_e_r-----1-A~d~d+r~es~s"-'--'-'----""-------""-'----·-----+-,P~h-o_n_e ___ --1--,L~ic~e-n_s_e~~~lu_m_,b-e-r--~ 1 DESCRIBE WORK: For Residential Property: Number of dwelling units _1____ Number of Bedrooms ~O __ _ ;•-·· '"' . For Commercia! Property: Sq. Footage 2119 Fire Suppression System? Yes__ No _x_ I ....... .~·· c=:. ..... ;:-. C\::i J " Applicant has read, understands, and accepts the conditions in PART I on the reverse side. i " Residential contractors MUST complete PART I! on the revers& side c1 this form. en :-;r:-: -······ -· =~::;·. , . .. I I I I I I I . . ... c;·) -\...' I .. ; Section 23a of lhe State Construction Code Act of 1972, 1972 PA 230, MCL 125.1523A, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who arc to perform work on a residential building or a residential structure. Violators of Saction 23a are subject to civil tines. (') o.--·~ ---! .. C) --! :·-r~i :::::::-, "'=::: Applicant Signature [:-J New Building (SFR) o New Building (Com) c:; Convert o Siding o Tear Off & Re-roof o Foundation Oniy o Addition ~ Alteration o Repair cTear-out c Garage/Carprni c Dedv'Porch c.:1 Mobiie Home Set-up l.J Pool o Other tJ Certificate of Occurancy Required --·--------DC!te 0 ~ ! : r-\~~J c::: lll .. 1 ::::'.:i c.J -·'.·1 0 ··-'""' -·----·····~ ... Vatuat!cn of Work$ 1 ,500.00 Pian Review Fee $ ------ Quilcitnc o."'P"ff1i·; ;.-::"e $ 90.00 · t-.J ... _ .• :J 4 o. •\. ~ i... -------------·----· 1 "'0 o-TOT Al FEE $ u · u o Residential Rental OTHER PERM!TS REQUff{ED: D Electrical o fv'lac:hanical u Plumbing o Fire Protectic·n GONSTRUC_!.ION TYPE _______ USE GROUP---------·-APPROVALS -·---·-----: c,1.-r ·c. I --···--! ZONING DISTRICT ___ _ LAl\JD USE ___________ _ 7oni•''' I ·-. ·~-----·----------------+·--··-----··-···--. l ?FlOJl::CT IS IN THE FLOOD PL.AiN: :J Yes I ------;---·-·-···· .. ---c:; !\lo Structure: I _____________ i _·-·--·-··-·-· ·-- p· . . I ! ILllT'Dl1iQ _______________ I i ---·----·-------------------- ---------------------·--------·-----!Vlachr±!:k;at ___________ .. ____ _J _______________ _ I ---------------------53- Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 -:~ ..... ....... ·-1·:: ~~;¥~~ ('"''.; -·· ' :-·· . .) c.:..:) :::·::> ··-' :.:..\} ; ' ,-•·, ... -i ---1 r·r .. 1 Location of Proposed Construction: Facility Name: Medical Marihuana Care Center Address: 3301 Capitol City Blvd, Lansing~'MI 4B90~:; Parcel Number: 33-01-01-06-201-071 Suite Number: -----------;<-;l:._cT~-~~·'='~· _'_:-_-._ I'' r_.) ........... Building Data: Gross Floor Area: New Building: 2119 SQ. FT. Addition: ___ SQ. FT. Alteration: 295 SQ . FT. Repair: SQ. FT. Classification per Building Code: Building Use Group : ~ Construction Type: ~ Area per Floor: 2414 No. of Floors: 1 Number of Occupants: 36 Fire Sprinklers: None: _O_ Entire Building:__ Limited Area (Describe):-------------- Description of Project: Installation of a Drive-Thru Window and Change Building Use Code B to Code M Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and Cl Firm Name: C&A Engineers Licensed Individual: Shaukat Alvi -responsible for sheets Tl & CJ Michigan License Number: 6201053122 Mailing Address: 119 Per Marquette Dr, Ste 2D Telephone Number: ( 517 _92_5_-8_3_5_2 ___ _ Applicant: Firm Name: Medical Marihuana Care Center Email: Jonberi@aol.com Mailing Address: 3301 Capitol City Blvd Telephone Number: ( 517 ) 230-1841 Email:James.carter@caengineersllc.com City: Lansing State: ~Zip: 48917 Fax Number: ~ -'-90'-'8--0'-'-5...:...9...:...6 ____ _ Individual: Richard Gaetano City: Lansing State:~ Zip: 48906 Fax Number: ( 313 ) 672-5206 Applicant Signature:---------------------- Project/Construction Manager: (If Applicable) Firm Name: Medical Marihuana Care Center Email: Jonberi@aol.com Mailing Address: 3301 Capitol City Blvd Telephone Number: ( 517 ) 230-1841 Building/Property Owner: Firm Name: ------------- Em ail: Individual: Richard Gaetano City: Lansing State: ~Zip: 48906 Fax Number: <-11.D 672-5206 Individual:--------------- --------------------- Mai ling Address:--------------City: ----------State: __ Zip: __ _ Telephone Number: ( Fax Number: (___j --------- Valuation of Work: $ Plan Review Fee: $ ----·--------------~--- -54- t~k;t+ I(£ I ( Neighborhood De,veloprnent 316 N. Capiioi Aw .. Suite C-1 -· Lunsing:, iVll 48933-1238 -(517) 483-4355 -Fax (5 ! Ti 377-0 i 69 Robert Jc:-:nson1 Director WW\\·.fo.nsingmi.gov Virg 8erncro, Mayor i ~ ~::· r_-.:~ RegRsii:«.;red Design Professiorrnn ·Frnrm ···>· <_ .... ,, .... 1 .. c:::-1 Registered Design Professional in Responsibie Ornrge (Dl'R.Z:) · .. • -1 In accordance with the section 107.3.4 1V1BC 2012, th::! T'l"oie:.::t Cwner must -i~:;i~nate the licensed m·•:.hiteC!!.or engineer who is the project's Registered Design Prcf\::r,:;ion;i in P.esponsibl.:.• Cbai-:-ge. -< ~?: · Ii :...~ •...,_') The designated architect/engineer must be a licensed pmfr::>si·:m<tl, and io: c<.:sponsibl:! for reviewing and c0o{e\ipati;i¥., all submittal documents prepared by consu1tants for ezm:pacibiiity with lht: bui!ciing design. Documems may:fXfciur.tfS design/build subn1it.tals, Qeferred sub1nitt::1ls~ special insp~cti0ns :!JJd structurai observations. ... .. · .. Prnject Address: 330 l Capitol City :S lvd Proj~d;Tcn:rnt Name: COL.Project#: 71215 -----------·----- ?egistered Design Professional ill H.esponsibk Cht.'llf.::i! First Name: Paul Last h'ame;: Clemente Company: Angle Design & Construction, LLC Phone: 313.220.5439 ------ Address: 6200 Schaefer Rd Dc::.;rborn Sta·ie: Mi Zi!l: 48126 E-mail: mhachem@ang!~design@comcast.biz (~e!.l: 284.797.0447 Fax: 313.94-3.33.58 :---~ ---· /) .. _,,.. ) 11"/ _..-....._ License# 47941 "'.'.'.~---r 1 l"t /J/ 1 (-) ' ,-/I} ;,_, / j // ''-. I 1 accept the Responsibilities of DPRC: Signature ·::[t:~::{ C. ( t{,.4-11 ";:- ·----------------- First Name: L::i>l i\)amc Addr-c:ss: City: State: Zip: ---------- E-mail: As the PW_).:l£CT O'VNER, i designak tile nbnve-pcrsor, as n!y ri!g;stcred pr.ofos:llcm2l for the p1·ojc~·c notid. I understand that the architect/engineer desig.tir,·:ed shall bt'. responsible for revi·;:wing and coordinat(ng a!i submittal doct:ments prepared by others for the duration oftlw project. i also understand ibat l must provide. vn:irren notificaiic·n to the Building Official if my designee !:; i::h<'.ngi:.cL Owner Signature -55- .· ... ....... .-.-. ... ..... lJ_ ~~.~ c-r' r:· 1 ' l ~.~ · r-! ' '· I ' J ! ~ \.. ···' r :i I -... , . ··1 --LU (J L r~i \ -J t •·• 0 ,...0 l .. c1· ,• ·" •• •. ·• vl LEGEND :_ i• '·; .: '..~ ::: '3 Cl -i .. / c LEH\\ PROPERTY LI NE EXISTING PROPOSED EX. CDNC. PAY'l EX. ASPHALT PAY'T EX. TREE EX. SEWER EX. WATER HAIN EX. ELECTRIC I.JG EX. STREET LIGHT EX. FIRE HYDRANT EX. ELEC. TRANSFORMER D D 0 --:::::=::--E-- 0 B DRIVEWAY EASEMENT CURB ;., ~ CAUTION -CRIT /CAL UTILITY .... _ i";;:--_,,,,,,, .... _ HAZARDOUS OR FLAMMABLE MATERIAL R't,,,(~ ... -... ...... 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' JOO SJ", • I octlJ>AlfTS TOTAL OCC\.PNll LQ.1.1) )3.ol• :>Ii ClttU'NflS ACTUAi.. "--X• 1' DCO.PANU Set STiil.CT~ Set Sllt\I: sec STJtLCTUllAL llllDQ. SCCSTRIX:lllltN.. STUC:JURM..~.ICS P""1C'O('l('IUlr\Vo 1111Qt11t!k.I"()) ...._, nu::1 (M•J tYtta.;""'"°1.1t;11T1ll ~IDCO """""""" ~~M\I nu.c;a~ .o.A,1~1.•-t,llol J.Tna~tf!UOtn MQllll:TIU1"JI AOL&•.nt.Tl'i ~:~~.~~ iQC.Wte&Tt'C ... , .. .('IUllO.C:t arw-G'.\llOU ~~,•::!.r"A.1..1: ~!3l1?1~1'l» r:riur"~Wl" h'fflj; 3M'WU'i;;J{i'\'i,81i""'"'" 61111'MA11C CJ!C Sll>rf!(Sl!!J:f Sll[[M V!TH ItQ!T Pfo!DI[(JrS t 7. "' c:: = ~ ;;; c "' ~ .. 0 "' .. 111 ! ~I~ • i~ =~ ~!'.: c~ ~~ ~ -·.; ... -,j' ''· 2 ......... :~~. · .. Cl z \ ·.·:··. 0 .. f! ·!: ~ ···0· ;o c~s : ;."· ;l ~~~ : . ~ : Cl ~ ~ ~ ~ :;: 8 0 ~ 1 ~ ~ 0 ~ ~ Cl ~ 'TJ . ~ § u a ~-. ~ ':i 0 ~ REVISIONS t--+--•~_• 1-"'-"'----+---+--U l(f~4j · WALL SECTIO:'>IS & DETAILS ;::~!~': l,:·~~I ~ z;:r ko Pl ~ t I ~ li! ~ 2 l 1 Q\"l ~; f 1\ ~ ~ MEDICAL mRUlUANA CARE GIVER CTR 3301 L CITY BLVD LAN:_6Q-ICW~48~m "" Pruj.~ ·• -uo-•...-N'f"ROVEOllY: PC D•le: 0711112015 OrtHring No.: A.a2 = f}Jl if L 1 Ht~ r .. i'-... :;. ;:~ i.'":.."7) •::.:.·-::> ,_. ) ··-· ~q; ' :;:::; ---! .,,: _., ... , :~:~ r·-\.0 ['T) -" (.,.) _.: ·' -· ., .__,. J> 8c ==10 ...,z~ ~Ui ---(ij~ ~o c ~ ' I ' T"i -) I ·;-; ! ; ;-----------------------------------------------: ~ ~ ! i i :l ~ : ii ~ : : i : : I ' : I i ;a •: i• I : ---'• : ....... :. _;.::· <:.-:) i::-:::-, ::_(} -:-" •. .. ;: .. :·:;··:: ::-~.:.1 ..· . ~ ' ! f ":.;. !~ .. I s~~c: a ! i~ \ ·--------------------------\\-------;-·--------\------------------------; , I l ! : ,,.. r 11 i ,~ i I i -ltlt---"'-"'j"---- L ___ , _____ _J .. ~ .. ·:.' -..J ., __ -:·-.1 c-:-r-·· \_('.) fl.-~ .. ::.':-~:: (,.) 0 D ! -BBB,B · ,--------------------------' i : [ ___________________ _ l -------·-··--------------------------------------------J ------- N ~r. .... ;;;;-- 1 -._=_L_ 0 _ 0 _.-.:,33r:o....:1....:c::.A.::P.:.rr....:o::L:.c:::r.:.rv.:....:e:..:o:..:u:..:L::EV::..::::A::R=o ____ -_··-_-_··-_-_---1·------------:~,=-,j~_·="=""="====--~=-=-·=-==-=1=====~===t==-....::' 'i' t~t.1N!ER CLARK, INC ~ PLUMBING WATER LINE SHEET FAUL CLt:~-J~J-6259 .___....._ __ f'_-_J ___ -'-----------------...1...-61-------'-f-::-'-'--l'-'--------------_= _= ------_-----.J.-J. ----------...l-1'.""-----Ll.-~=~~'_l.iL._-_"'" __ ....... __ ... .::J'.: r-----------------------------------------------1 . •: : I : i II i !: Ill ! I 1 I ll i 1_ •l I I : : i m ,~_I, i i ; ; ~, ; ! ~· ! : ~ : j 1 • 9; ' I ! ' l :m~ ;• ~~·~~ !~ i~~~a ~~ i•j'!) _-------------=~~:,:==-=-0-----i 8J i 11 : r : I t .......... I ' I 1 I I tt:ll'---"""--+--.t [ ___________________ _ []SJ r 0 ElElBiB ;-------------------------J ' ------------------------------------------------··J .. '.,,:." ,.. ··~ .. ,_,,. ' ,. -.! ····'·' (,.,) C::J l 3301 CAPITOL CITY BOULEVARD -----------;:,:• :+~·~:":;::'";::=-----+;:.:'""'"""'""""'-+"'""'-+----i:' ii' -·-: ,.t.~;;;--1-' -~-t-00-,-.,---'-;,;..,;,:...:..;,,,:~:..:..:...:....::.==.:..::..:.::_ _____ --j til..1N7E~L~~K, INC PLUMBING VENTING SHEET _ 62-2<8-~·13-6269 P-2 1---1--------l----+---l-~,,.,....,:c'AU.~Bf,.,,~ '--~------L-----------------'- P-3 ~---------------------------------------------~l ! i ! :: I : :1 1111 i I ::.1 ! i ~l!l:l!~~~!llil!ii\lllSiii!~:3~!1SS~~~··: !" I ! ID ! :,1 : ! l r ·~ ! l ! i ! i ·---------------------------------------! .,.,;-,>·· ~ I ! -·-' l ! ./ ! ['" jg=~=:!::Sr· I I i 1~ ! ! J t ........ ----='----1.J l I I I l i l l l ___________________ _ t D BBBiB· ;--------------------------' ! ..... .....:· .:.1: .... (./) ,,.-·. .... · ,- :·-.) c.::, -----------------------------------·--------------------j PLUMBING LABEL SHEET lil'NiER CLAAr<, lNC LARK -63-2'18-.J.f.J-6259 t'~'jt'~"~"~"'t=--~=--~=-=---==--==--~l~"~"~"~"'~=t-t;;<"~~~rt_-:~:J~;-fil---I l---+-----~---1----1--~~~~~:CAI.i.~~ .-·· j ; i J~.:~ r::~ '~~~~.I\/ f~~ L.:~ ..., ri Ii-· ~ r., r· --· Lu :.i i't;'1d \ .... I i:i1 9: 3 l L. t\ ~· :~ :3 i i 1 :;i c: i -f \··· ·c L E [;; 1 ~ r Pl'tOW>C ....... C£Rl.MIC tt.CS OH Tort.Els WALLS Al <l"•O"" MICH fTYP.t tOPTION.tt.. '0A OWl<AI t•T r~ Sf&C(I ' I~ l'·O" I ~ ~ I Hr---1d w·2· i~ri ~~I~ ~I N I- '--IUSU..A 1[ ttOT WAT[" PS>[S IJ.t.l CXPOSCOI CRIS BAA STRvCTVR,.,._ -f::[k] SfRt"llCTtl l:SO LBS f IN AJIY OACCTION TYP. C:7V l9"·•" I I +2"MIN, I 12" ~c:::::::::::= " ~a,I, _,::!__ = ~1 .,I~ N ~ OJ·••· I ~11 " -j'"Lo ~ g f o PROVIOE BACKING f'OR All WALL MOUNTED FIXlURES ... BARRIER FREE TOILET DETAILS NO $1.;'"'-c. CODE SUMMARY .-1-1- - """" NOT CS· ;~~~~ . .., \ F1r- ~ "" ""Pl..._. LOCATED OUTS()[ CO<l..ER L NST.61.L ACCOROI~ 10 1.1.UoU'JoCTLRCR'S •ISU:UC.TIQNS. rREE ST ANDING DRINKING WATER FOUNTAIN Af)A ~ SPOUT WllH ti~ [ltJ r--N-0 PM.to:JK SERVICE FMJC£T WLhl v..cu...u BREAKER ,j:: 10- J• OtA.. P·TR.v> MOP SINK DETAIL ., JI~ ~~i t:::EF is ~l~I~ ~l~I~ ;1~1~ ~~e BBS ~1i1i !!: s 5 iiiiiiS. •l•I• "' ~ ~ ; "' "' !!',.,.;, r;5~ :5 (.l •• I ~~ ID <:::!" \.0 0 "' ~ .... "' g ~ u .... g ... ~ ~ ~ 0 " z iii :i; :l ... ~~ 0 0 . " . I a. t~~ r:~~ c: 1~·.1 \/ L~ r J 20 I G H/t1~ -7 {'.'.''. 9: 3 i ~ .. /:.\ ~; -! '.~;. ~ ~-·~ C~ C: ! -( ·y· c: L E.-:r~·:--r: ~""":::----~----- . ' ----"'-1--'L 3301 CAPm~I c1rv MEos --rr A BINET -Z"XZ" ALUMINUM SKIN .125" POLY VINYL "FLEXFACE" '--- : 11 ~ -ili --, . " DIA. SCHED 40 POST WITH 3' I I 1J I INSERT INTO MAIN COLUMN WITH I --I I -----------3/4" CAP PLATE & 2 -314" PLATES --------- : · -------------LED MESSAGE CENTER---------------r I .08 ALUMlNUM POLE COVER : 12' DIA. SCHED 40 POLE I 24"X24"X2/4" STEEL BASE PLATE I I WJT H 112" GUSSETS I I -1" DIA. X 24 ' ANCHOR BOLTS I I I I 8' X 5' X 5' CONCRETE FOUNDATION I I --WITH #8 12" X 12" REBAR - - FRONT VIEW CONCRETE FOUNDATION 200 CU. FT. = 24.00 K D.L. CONCRETE = 3,000 PSI WIND FORCE RESISTANCE EXPOSURE 90 MPH MAX. HORIZONTAL LOAD =24 PSF TOT Al SIGN LOAD = 3.0 K END VIEW •.: .. , s::a.ii ~J~ u ~ ~ • ij ~ "' ~ ~ ~ ... ~ ~ ~; ~ ~~ ·!S,.=<t ~~~~ 'ii.~= "q: Ji QI \.0 ~~~i c a: ~ .... :::> 0 Ill 1;: u ..J g 5 ..J ~ w 0 z (!) iii ~t-r- ~ < ~ 0 ~ ~I "' 0 , • 10tr 10 A:pplkati~n fotPfan1*eView .·. City oftansfug,.Boildirtg Safety Office .· 3t6N. C~pj(O.l Av~11,tJ.i.?, Suitl!•C..,i . : . Lansin Ml 48933 •,,,,,, ,,,,,,,, g~ ' ''' '' .. -?·~· •" ... -~· 'v -· . ,. ... ; .. : ~" ' _,, f-..._,J 1::-.::i ' . .. ·~ .. ~:<J .; _. r ' ' (~} --.: :-:· i · tocaifo11 of Proposed Constructfott: ·--- Facllity N11me: ... d~lI=Q ~1CA#:foj._ St.4-no~Addt~s: .... $30 r t~~;r L c ;~ $b1p,~.·~;ID f.~:J.ihr i~~r~rfo · ... ParcelNUniber; g $::'{)I c .. OJ ""'().~ ~~()I -'C>.7f$l!it(!Nui!Jb,cr: __ ~~·""·".:...,' ..+-;.....,.......-,.,_~~~~,,,.,....~-~ . . . . . . . . . . . . . . . . ............ ~:~-:~ ..... (,,) .. · • •· · llulldiilg Data: : .. i Gross Fl()orAl:~: New~ti:.ildi.qg:. t-) 1.9 . SQ, ft, i\:cidltion: SQ. Fr. AJtcbit~on: 29~ SQ. Ff. ;R¢p~it~ ........... .... SQSI'; ·Clli$&!fieitii<>n p~r B~il~i1;11.1: C::C>d~, Building Usll Group: tl Co:ostr:uctfo11 J)'pc;].°B:-, -M1;10 pe:rfll:i9t -Z.,.'-f /Lf, No. of.Ffoors: I Numb.er ofOccupants: 3 (;; .. Fire S_i)rinklers: None: __ ... _ .. _... Eiit:ire:Efoildixig: _ ..... -.. -__ Limited Area(Descn!>.e): -~----~~~...-..........-.,,___--.- D¢~ripfion of Project: ----~--_,.,.....,,_._,_,_~~==,..,.,..,,~-,...,...--.--..,,..~~___,.-----------~ · --·neSi'.gri:J!t.o(essiqnalili:R:e~onsible Charge: •t&A Engineers is oniyrespQnslbktor'the.iCiVitDesign:Oniy;.Shects fl.andti -'F' ' -N' " -' .. c.• .. & .. ··-~.A.--.. • .• Engm."' '¢Cr:S ... inn .. ame:."'"' .. ~~~-----'-""-~~~-..,.,,..-...-,_,_,..~ 62oios.312i -Mfohigan License Number: -· ··-.. . .·- Mitil!1l~:A:d.cfr~~:.ll? ~~rM~g11etw Pt,_S(e,~p Telepho11eNumber;( 511 ) 925~'$~R .. FinP:Na.me: ~-~-~-~-=~~=-~- LiccnsedJndividual: _ ShauI<:aj AM ~.tt1lp/i1Jsi'/,le_fots.lr.e_ejs Tl&Cl Eti:ia:il:Jiime$:¢:t~et:~ilil~gi11eersnc,co1~ · · -·· · · · · . Ciiy: tilri~ing . _ . St!jte: ~-Zip: 48917 _ Fax Number: ( .. $-17 .. ) _9_0~g~_(}_j_~6_:·_· ----- Email! . ~~~~~~---------'-'---''-'-'---""'~='--'--"-=--' Mailmg:Ad!liess: _,.,..._.. ~· ~~~~~-----..------Ciiy: ____ ~_--"-.. ·=-.. ~·~·=--~·--·· State: ___ ... _ ... _. Zip: _____ _ TdephoneNuniber: l__). f111".N1.ltii.bel0: ~ ·~~------ · Rtiilding/Propetfy owner:-· Firm Nam~:. ~.......,...~~~~~~~------.-- fi: rna i l: . (11?1.tKwJ(!:h Mai1W.~Aiidresi;; .. ?~?I <:,ti.r~+~~ p ~ Bl\fl) TelephoneNurrihcr: {.[il_). 2.:-:30 ""1 ~ j: f City: (.., J}Ml' ''{) Fa.\ t'lurnb.er: Ld .. ""' ... __ .. --"""'---'-'"~---=;.;~~~ ,,, -66- BUILOlNG PS.RMI]" APPLICATION Pe.rmit#: -------~---,.,... !'--... · ;• .. ; .. ::::., c:.:.) Clfy of l,~nsing Building sa:foty Office 3ta NOaptto! Av!:!., Suite 04 ·· . Uinsing;, MF.W~$rM238 (517) 4S34S5§ .. ..... Project#:""' .. ··=· .,,.,.,.,.,.-'---~----,;·""'····""'"·· """ .. -~::·-..._ .. _ :::: •.• ' · Applicant • .Address ?>.9 i dft{;+.:£.¢: fa \:.:\If> Phone :/ . ' . K~M, .:&.+bf~ 15r7 ~??"?~·~JI . Pi'OPEirtY'OWnet Ph6ne K,; Fi: 6:-~#~ p · Ar9hlti:?ct/Englneer····· .. License Nuntt>er .. b t.¢i, fO'Q ,? Ii 'Z, . ~:-~;~~~~-:;~:;~t~~~~Si!~Ei;i~~~_,~:x ··· . ': '.;'~¢!1~~~~'.i¥,~~,~~ R~-~t.rR~9~~e~t~t i$7~.~~!i~~i~P;t.\94~,is;1.~~Pf*bl~a ee~~,~--·. :.· ;.~i;;>t).Spl~rtg.l!J: c_l~u':r111e~ttfie llcenslhg requlreme11~ Qt thlsst~E1~!1dl~. ~~personswhoaretoperto11t1work .On•!l:fysldeiiUiil b~lr~l'!SI or a r~f<ttiitt!~rs(i:U~ttii'e •. Vii:ili!t~tifOf sectl(jl_l' 23a II~ ~bJ!>~ i~: ~Mfllries, Date . : .. t •••• i : : ; ·· · s 1d·' · · / a convert v. aiua. 11_··.o.'n o_fW_o. i'.lt $······ · · ······· ·· · ··· ·············· ··· · ·. d ~ew: JJi rng ~Qqm) :~__;;~='"-'-=----....-.;;.a · •· o Garage/Carport ti'P®I d b:th:~r .. o Oecl</.Pprch d Mobile Home s~t•t:ip ,.,....,.._.,..,,...,...,,.,,,__....__ · n lnV.estigatlol'.l!Fee -.. ; ,ci oertltioate qf Oc:cup~q.y A~q1:1ir~ ·. p~Ql?ttJfP!.ltlJtY::l?:~vei9pmt;int f>rqgram ci · R~sidenti~i Rentar -67- 6.Uil~i119 P~r:rnit F~e $.,.,.,, •... ~----~ ... i 'T~chndl()gyFee$10~00. !Ali euirdingP.ermrfal Building! Permit$ 25~00:** ··· · · ·· .... ; '· ,., A · : ··fi¢ati0n ·: ....... ····· : Elecfh>t11c.converslon$ ···· .,,_~·,_,_,_,_, .,. 1df/%L.ffef¥·$ . . .. ·-..,..,..-.~~~ APPR.· ov.'A. LS.,.::,·: . . . _,, •• ':. DATE .... zooing,~·...,;.·~··~' =~~..,,,..,.=-,,----i-1:----~ Bullding ..;.;.···=···=····=···~==-:-~~~-+---.,.-- ••No~~~~t!;::f~~=::~';~~~~~;;:t~f !).lifliig~ RootlnglindSldlng) ' Departruent CJf PlaJJningand Neigh.b<?rhood .. D~yelop111ent ),i{5.N~{'aµi1<Ji A"-r.~ ... :~uitc· ~~=r.;~~n;i~rnf .• !\ti -'~!°93J:.J23S..;.; (~F7] 483-43):5 ·:-1:af((5{7).3;7'r1J~~q · ilot•:.~rt 'i<rhn~·>i t.JJii~·wr: : .. ::·· ~;~~ ·\,.,1_ ... _; _i:-.._;.;s_·i11_:,nii.~ .. o': · oc· • -~ C\'"J (.(1 'Bufl<ling Safety Office -_; c·.i ~ ' : ; i ; l~egist~red Desi~n Prqf~ssional 'Form :R.-eglstered Design Protessiona) in. Resprmsibk-l:h~irgc{DFRt} ;~~ In ace(lrd.ruic~ wit:h the section l07:3,4"MnC 20 !'.!, Hw P1Y1}~ci Ch\;TI~'r mus~· rie~ignatt: ih·~ licei\sed archikct c!i::.~ engine<<."( Wh(} is rhe project's :Regisiet~d p~,;lg11 f'rofr~$l011J.l in R\ll;pc:rnsi~le Charge' ::: ' 1 •. 0 r·1· ! .. !=J .. (.-.) 'D11:~ desig11i\ied arehitectlengfri~ej':musi be a: Ifocrisc(l pr'15 fc:s~ioncil; ,1it1Ji:s rc;;p~\l~i[)'l~furrs:vfo,,~lng and coqr~four~ag affsut>iIJ.inaldoctiments prepared b)I i:onsuitiiiits tortonipaiibilil)i ~~ilh th4: buiiding; design. L'>t1cumer11"5.ii1ii)· iiiciiid~: • designt'.bt1flti submitfals, ~efer.red •subtiiitt:-ih., spec fol tnsp~\:lJ<)rii; 1in~ · ;;tr\ic! tiraf ,1fiservaiio.1ts , 330:1 Capitol City .Bly~{ ·:----. -·.·- ProJccttreniintNanic} "'-'--.Mec::Uca!Madhuanc: Q'.ar~: (])y~:'. Center.I CapiWLCit:y:, tee:.\ . . . _..., ~-.-.. --.-....... .... ········· . .... .. . ..... · .. · ..... ... --.:...:~ .. f'irstName: Paul ................... -:...;.~ . .......:~.;~.: ('t1irlpany: . Angk Desi~ ~ Gon.so:uction, LLG Phcme: 313.220.54.39 _ ... ~---. ···-········· .. ~~-.. -··- Address'. 6200 Scha<:fei'Rd Dcarhqrn Slat~;. Mt fim .Namr!: ,.,,,,=--_.,.,,,,,_.,,,..-----~-.-----~ .. -.. -.. ;.., ... Address: St.ate: 't.;ip: ~~--~-~ ........ ---·=···""'"'··· ·~-· -·-· -~-:·-···-··-· . ·--·-,;......:;~ Fi:x: ---··· .......... ,.;.-.----~:.;_,-...;~-.:·~···-· -·-. -.. __ ,,.,~. As the PROJECT QW.NER~J d11sigrrnt~ the abo~·i! pee·srrn ftH11:: r~gisicn:-i:l pr()f~sfonal .. for the prl>J~t JllJftd. lunde::r,;ta.11<l. tharthe :1r~hi~\:Cl/~gl:i\<:~r ~cs ignt.fod shall .bl; rt<~i'on~i blc .~in: r~·/bwi og :mii c.<lordii~i1tfng ~U submittal docun1ents prepared.b~· oihers fodhe thiraikm tf~ie proji:~::., 1· Msr,1 t:no::rsran<l 11iP..tlrm1st pravl<k "i.vrineti .notiffcaiion.t<:nh~: 8ulidhig Offi.cii~l if my desig1i~e !~ chaiii!t-d. ,....,-·"=~ . ..,., ......... .,----· _......___......~--=--~~·---· -· (>~lier· $ign.a t11.re D«-te -68- February 2, 2018 Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48082 RE: Cap City Medication Station Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk (; --:,"' --~ ... ::-~·':\ '· __ ,, This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michigan.gov/lara/0,4601,7-154-79571 83994---,00.html or by phone 517-284- 8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not Indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mic'-'---Ave., Lansing, Ml 48933-1695 517-483-4131 $ -69-177-0068 FAX ww_lansinami.aov/clerk s clerk@lansinami.aov ; ; ~ 3/4/2018 CapCity Medication Station l/k '( From: jonberi <jonberi@aol.com> To: brian.jackson <brian.jackson@lansingmi.gov>; deb.biehler <deb.biehler@lansingmi.gov>; jim.bennett <jim. bennett@lansingmi.gov> Bee: jonberi <jonberi@aol.com>; jdickens <jdickens@dmcstrategies.com>; a420wellness <a420wellness@aol.com>; james.carter <jam es.carter@aecom.com>; james.carter <james. carter@caengineersllc.com> Subject: CapCity Medication Station Date: Fri, Feb 9, 2018 4:29 pm Attachments: Capcity Medication Station SitePlans_Rev020818 (2).pdf (3126K) As per response to the letter that states CapCity Medication Station was sent for potential denial, we are submitting the forms necessary to have 3301 Capitol City Blvd changed to Group M (retail) for a Certificate of Occupation as required. We have submitted a hard copy to the Building and Safety office, and I'm including an electronic copy for you also. Please accept these new drawings for the group change as our engineer has included the necessary information for such change. If there is anything additionally needed, please contact me asap and I will respond promptly. Thank you. Brant Johnson, J.D., LL.M Brant Johnson.& Associates, LLC Small Busin_ess Consultants 2875 Northwind Drive, East Lansing, Ml 48823 (517) 230-1841 jonberi@aol.com -70- r··· l'··J •.. C~> .. -,..:· ~=·:) , ( •' \ . .-_:,_:·:. •.. ; :·: .. ~ j ::-:J ; •• J C) --: -·· - ... .:;: :.·~I .. c-:" r-~::J Pl C.t) ::~·::1 -.,_ 3/4/2018 Revised CapCity Medication Station -Kim Gaetano's Change of Group M use information £')(~ ; 1 ,'..f. Ir L (/ From: jonberi <jonberi@aol.com> To: deb.biehler <deb.biehler@lansingmi.gov>; brian.jackson <brian.jackson@lansingmi.gov> Bee: jonberi <jonberi@aol.com>; jdickens <jdickens@dmcstrategies.com>; a420wellness <a420wellness@aol.com>; a420wellness <a420wellness@gmail.com> Subject: Revised CapCity Medication Station -Kim Gaetano's Change of Group M use information Date: Fri, Feb 16, 201812:27 pm Attachments: Capcity Medication Station Change of Use and Building PermitApplications02162018.pdf (5618K), Capcity Medication Station SitePlans_Rev020818 (2).pdf (3126K) Please except these documents for the revised Change of use to Group M application and drawings. Kim Gaetano -CapCity Medication Station's Provisioning center application. If any further questions please contact me. Thank you. Brant Johnson, J.D., LL.M Brant Johnson. & Associates, LLC ·Small Business Consultants 2875 Northwind Drive, EastLan~ng;Ml48823 (517) 230-1841 jonberi@aol.com -71 - r-·· ··:-;.• ··-:-:-· .. .... CJ) -· ... i:;·J c-) _ .. .. '"' ~; ... t:-; ,-r-:-: :.:~:; .. •···· ~-~ co --.. ·'·' ~ ,_, :;;:) ;--(-;· ·-• .! -...; ~-~-· i ::::"l :.!.< fT! 1 .. 0 ,.-.. ~ ~ C) 2/21/2018 Project Details I City of Lansing I AccessMyGov.com Project Details: JCCG 16-0018 Property Address: 3301 CAPITAL OTY BLVD, LANSING, Ml 48906 I Parcel: 33-01 ·01-06-201·07] Property Owner: 3301 CAPITOL CITY L LC Summary Information > 4 ltem(s) Pending Project Number JCCG16-0018 Filed As Change of Use Group -B to M - Medical Marihuana P"i:!!:C;;~i~:~:=:_·::::·.::::~:==·=·01;~~201&·--~=·=:=:=~=·:=::::=·~J!~!~;::==·~-~~==.=:·:.:=·==-1~_P"r;·9-;;;;~:E"~i~tf~~d.!~9=·~: P.~t .... .C:.'?."1'.'P.l~t..:~------.................. !'!."..°-'!1'!.t~.l?..~P.(C!Y. .................... .. . !?<1.~r!P..~!c:>.11..... ... _ . . _ . _ ..... . .... <::~~'19."'..".f..Y..~.~.<:;,r.<:>'!P.. :. ~.!c:> .. ~ .. :.M~~i~.~1. ~~I!~'!~':l.ri~ ........................ _ .... ........ ........ ......... ...... ............. . ...... __ .. . ... __ .... _ .•...... Project Items ::·: . . . . .. .. . .. . - Project Item m • ]~~~·;;;·~~~~~; -----,~~~~~~-~~~~;i;;;;~~ Oodm -----··r ··-- 1--P-ro_c_e_s_s;_C __ o_m_m_e_rc_i_al_P_l_an_R_e,_v_-1e-w---~~~-~------~-~ !-Pc;;~R1~6--0-140--·-------~·!~A~pp_r_o_v_e_d-----~----·!·-~~~~--• -~-·~·-···--.. ------~--~--·--··-·-·-~·----·---....... -_,, ___ -·--·--~ ... ··--·---------·*· ··----·--··------------·---··-·---·-·-,-~¥-·-,~------- Permit Building PB16-1166 EXPIRED 'View ----------------------------------------.--------·-. ·-····------------------------------;.----·------------------------------------ Permit Electrical Permit Mechanical Permit Plumbing ................. ,,_ ... ________ ........................................ _ .. ___ .............. --·----..... ·-·----............ __ _ Not Started Not Started : --- Not Started ·~Dlsdaimet: BS&A Software provides AccessMyGov.com as a WlfY for municipalities to display information online and is not responsible for the content or accuracy of the data herein. This data is provided for reference only and WITHOUT WARRANTY of any kind, expressed or inferred. Please contact your local municipality ii you beliove there are errors in the data. Copyright tO 2018 BS&A 5oOware Inc. ' i' ...... : .. .. c:_~ :::-:~, \'.i ·' ·--:-::· .. -... :;: .. ---,, ).,.; -· :::.-.:? ' -~ c-;· <... .) -..J -~ ' . ._..! .. -::. :.c.":1 ·-, ..... ~~ !T~ ("'. r--1 • .,:7) ! .__ _ _.. ,_~ : l: ~:j:=; (,.) .. "., -72- I --..J w I stamP.s. end1c1a Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0513 7351 16 Priority Mail 2-DAY with USPS TRACKING#• Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 03/16/'2018 Mailing Date: 03/16/'2018 From: To : Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing MI 48933 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation"' service on Priority Mail services with use or this electroric shipping label. Postmal1< reqtired if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue· DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. March 16, 2018 CapCity Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48213 Dear Ms. Gaetano, Chris Swope Lansing City Clerk We have received your appeal of the denial of licensure. Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all additional information in your written appeal that you would like the hearing officer to consider. Please submit the additional information to the City Clerk's Office within seven (7) days from the date of this notice. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W . Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX www.lansingmi.gov/clerk s clerk@lansingmi.gov -74- Biehler, Deb From: Sent: To: jonberi@aol.com Tuesday, March 20, 2018 4:38 PM Biehler, Deb; Jackson, Brian Subject: Ms. Gaetano's response to the cease operations letter Kim's cease and desist response final.docx Attachments: March 20, 2018 Chris Swope Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 In response to the March 16, 2018 letter to my client, Kim Gaetano (CapCity Medication Station), regarding the City of Lansing's demand that she ceases operations, I respectfully disagree with that decision and ask that you reconsider. From her initial business decision to locate in Lansing, Ms. Gaetano has respected and abided by all guidelines outlined by the city. Pursuant to ordinance, she is actively appealing the City of Lansing's February 21st letter denying her application. However, because Ms. Gaetano's appeal could be reviewed and approved, we do not feel that her application has been definitively denied, pursuant to the Lansing City Ordinance section 1300.15. Executive Order 2017-02 does not include language indicating that while an applicant's application is within the appeal process, that his/her operation must cease and desist. As for BMMR Emergency Rule 19: (1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the act. The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following: (i) The municipality has adopted an ordinance before December 15, 2017. (ii) The municipality authorizes the temporary operation of the In the first sentence in the state's Emergency Rule 19 states "an applicant for a state operating license may temporarily operate a proposed marihuana facility", which specifically applies to those applying for a State of Michigan medical marihuana license; and does not apply to applicants seeking a City of Lansing license, therefore doesn't apply to Ms. Gaetano. Furthermore, the City of Lansing has adopted a medical marihuana ordinance, Ms. Gaetano was issued an attestation authorizing her temporary operations, and, as argued above, her application has not been definitely denied. .-75- We respect the City of Lansing and its governing body's authority to regulate. However, the directive for operations to cease while in the appeals process, we believe, is not rooted in policy. Understand that Ms. Gaetano does not wish to jeopardize her opportunity to be granted a license by both the City of Lansing and the State of Michigan, therefore, we are asking that you reconsider your request for her to cease and desist while her appeal is under consideration. If you have any questions, please contact me at (517) 230-1841. Thank you. Brant A. Johnson Brant A. Johnson & Associates, LLC 2875 Northwind Drive $130 East Lansing, MI 48823 (517) 763-5214 jonberi@aol.com -76- March 20, 2018 Chris Swope Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 In response to the March 16, 2018 letter to my client, Kim Gaetano (CapCity Medication Station), regarding the City of Lansing's demand that she ceases operations, I respectfully disagree with that decision and ask that you reconsider. From her initial business decision to locate in Lansing, Ms. Gaetano has respected and abided by all guidelines outlined by the city. Pursuant to ordinance, she is actively appealing the City of Lansing's February 21st letter denying her application. However, because Ms. Gaetano's appeal could be reviewed and approved, we do not feel that her application has been definitively denied, pursuant to the Lansing City Ordinance section 1300.15. Executive Order 2017-02 does not include language indicating that while an applicant's application is within the appeal process, that his/her operation must cease and desist. As for BMMR Emergency Rule 19: (1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 but is pending the adoption of an ordinance pursuant to section 205 of the act. The applicant shall submit an attestation on a fonn established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following: (i) The municipality has adopted an ordinance before December 15, 2017. (ii) The municipality authorizes the temporary operation of the In the first sentence in the state's Emergency Rule 19 states "an applicant for a state operating license may temporarily operate a proposed marihuana facility", which specifically applies to those applying for a State of Michigan medical marihuana license; and does not apply to applicants seeking a City of Lansing license, therefore doesn't apply to Ms. Gaetano. Furthermore, the City of Lansing has adopted a medical marihuana ordinance, Ms. Gaetano was issued an attestation authorizing her temporary operations, and, as argued above, her application has not been definitely denied. -77- We respect the City of Lansing and its governing body's authority to regulate. However, the directive for operations to cease while in the appeals process, we believe, is not rooted in policy. Understand that Ms. Gaetano does not wish to jeopardize her opportunity to be granted a license by both the City of Lansing and the State of Michigan, therefore, we are asking that you reconsider your request for her to cease and desist while her appeal is under consideration. If you have any questions, please contact me at ( 517) 23 0-1841. Thank you. Brant A. Johnson Brant A. Johnson & Associates, LLC 2875 Northwind Drive $130 East Lansing, MI 48823 (517) 763-5214 jonberi@aol.com -78- Biehler, Deb From: Sent: To: Subject: Attachments: James Bennett, C.B.O. Bennett, Jim Wednesday, March 28, 2018 5:40 PM Jackson, Brian; Biehler, Deb appeal Cap City Medication Station Appeal.pdf Building Official -Building Safety Office Manager Department of Economic Development and Planning 316 N Capitol Ave ., Suite C-1 I Lansing, Ml 48933 0: 517-483-4155 I C: 517-230-9299 I E: jim.bennett@lansingmi.gov Website I Facebook I Twitter I lnstagram Andy Schor. Mayor Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM -79- Cap City Medication Station 3301 Capital City Blvd No Certificate of Occupancy On 7114/2016 an application and fees were received for the change of use. i~ i O\IOQeoftisc:Q-O\.O·B~M·~~Cb~ ;:§ ().r..n:fcr~e""...ard:J301CAPJ'TOlCmtlC ~-3:::::u='~ :~Bcwid~ ' ts! TriYUC!Jom: iJ'°.OJ Ow: loQ,00 :J PCPR 16-0 I'll, CocrrnctM P\w'I Re:~.,., ,l,pp'OYcd !--0.lt~tJ : ,~0-1.ttr:JlQICJJlfTO.Cl'T'l'LLC .·-.~ilOPkMil:RJ:hardeiolt~o ;· '(ti '!r.-.-:tcn\: s&:i.OOC>..>e: "1.00 ;~Pl'ereq..nto(lJ) ;..:2'-.-:-~ Sli:ti 1: i:i:-,,_ b Clltl'Clktrnnso(AA'calicn&~t.4oc , ~·d)Slcp2:Rt:-,A;lclrOV'td,R..e\~J ; ·5 ~Pr<KH1St~li::llaf'y ~ r.l~Rc-.nion2:c>.sx:c:ro~ 1 ,D.;z;. ~I: Clo'uop"~ i ~-:Gl!f"'Ema.~~'ittbl:Oi\aQCl°~-cd iii EJP616·1166flJ'IREDA.cm::idd :QPrnritS~ ~ CJ Pt'f'"t MnNn<• CJ PCf'mt f'Urbn9 Pioc.ml'Utobel: PCPA.tl-lll40 Status: Approud BDclJrAQC: f,:iv.wrf'lf'-h' -··. -·---·-... SUffCont.xt: 1-Au~dttcdlltll'U:· - l AtdiittdUftlFim1: ~ .ltdi/tKt1111IFlrn1Uun1u: O...-.;ieoft>.~Gll."4'·BloM·~J"4dlllu,a-1<1 r:!fa=·i±'"f'-· ,,·,_. ,. _ ..... " ..... ~ -·------~ Af:iPalionD.atr:: 0711"'2-)l' o.teProcessswuct: 0;11s-i!IG- o.tt" CoitPell!d: 11/fi.10"i6 - lntSt.~OWq:: U/01(1015 ~(iJ en;1n1t11~FlrmUctnm: ~ Guen1 Contr1aor: '(t1 Gtnuil Ucm1u: IEJG """" -· -------·----·-·· --------------·----·--···- ;_,_™ ·" --:-=-· -"*~ 1 r,!,:.lw-. 114-._. --j On 8/24/2016 a phased approval building permit was issued which contained specific language regarding the requirements for inspections in the stipulations. [Attached] On 11/9/16 the plan review was fully approved and the permit converted to the full project with the same stipulations for inspections. In emails of 8/24/2016 and 1119/2016 to Mr. Brant Johnson, Business Consultant for the Owner, the permit was attached and carried the requirements for inspection. [Attached] Page 1of2 -80- The owner/contractor/consultant never called for any inspections and the building permit expired. Further, they never even obtained the required electrical, mechanical, or plumbing permits. ~ · J PCPR16-0MO, Commercial Plan Review, Approved [--·@ Attachments ; ..... ,)~ Owner: 3301 CAPITOL cm L L c [... ,}~! Applicant: Richard Gaetano l-···@§1 Transactions: 580.00 Due: S0.00 ;--··<:?' Prerequisites (0) :--·C6' Misceffaneous :-··-~,.? Step 1: Review for Completeness of Application & Checklis B···~j> Step 2: Review, Approved, Revision 3 ! 'j:!o;. ~ Process Step History · 8 Slpi Revision 2: Disapproved · ' ;~--@ Attachments H1f Design Soil &Concrete -8/18/2016 i±I·!· Bunding, Approved as Presented , ~··· Plumbing,. Approved with Conditions ' •···· ......, Sent Email ~···l'.V Revision 1: Disapproved ' ;.:. @ Attachments [ ~-g Building, Resubmission Needed ! 1±1··· Plumbing, Reiected : L.. v Sent Email B··~# Original Submittal: Disapproved -::»-@ Attachments ~··· Zoning, Disapproved L... ~ Sent Email $·1 Building, Resubmission Needed . L..@J Sent Email ~···IEJ PB16-1166 EXPIRED Remodel · :·-· @ Attachments :·--.fi Owner: 330 l CAPITOL cm LL C :····· q Contractor: Joel Cardenas ;--···6 licensee: Joel Cardenas i ·-·,:f:1 Applicant: Joel Cardenas l····~ Transactions: $100.00 Due: S0.00 !--<;?' Prerequisites {O) !-··(~ Builaing Info (Value: 51,500) L .. :? Miscellaneous D Permit Electrical D Permit Mechanical D Permit Plumbing 1 Ois,.,...ltC" Therefore, a new Certificate of Occupancy was never issued. The occupants knowingly operated without a valid Certificate of Occupancy and that was the basis of the denial. Page 2 of 2 -81- Building Safety Office Economic Development & Planning 316 North Capital Aye Suite C-1 Lansing, Michigan 48933-1238 (517) 483-4355 Bull ding Permit Number: Type PB16-1166 Andy Schor, Mayor Applicant: Joel Cardenas 1224 Vermont Street Lansing MI 48906 Status: EXPIRED Applied: 08/24/2016 Issued: 08124/20 I 6 Expires: 0212012017 Finaled: THE BUILDING PERMIT OR COPY SHALL BE Kl~PT ON THE SITE OF THE WORK UNTIL COMPLETION OF THE PROJECT LOCATION OWNER CONTRACTOR 0 3301 CAPITAL CITY BLVD 3301 CAPITOL CITY L L C Joel Cardenas 33-01-01-06-201-071 615 GRISWALD 1224 Vermont Street Zoning District: EAST LANSING MI 48826 Lansing Ml 48906 Phone: Phone: (517) 402 7237 Fax: Fax: Inspector: Chad Wakley (517) 483 4364 chad.wakley@lansingmi.gov Work Description: Change of Use Group - B to M Phased Approval Permit-Main Building Drive Up Window. Full Project 11-9-16 JEB Stipulations: Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan Barrier Free Design Rules. All work is subject to field review, inspection, and approval. Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan Barrier Free Design Rules. The holder of a phased approval permit shall proceed at the holders own risk without assurance that the permit for the entire structure will be granted per section 107.3.3 MBC 2012. ADDITIONAL FEES WILL BE REQUIRED. Contractor must provide a paper copy of the approved plans or an electronic copy of the approved plans and a suitable means of viewing them for use by the inspection staff. All work is subject to field review, inspection, and approval. Primary Constructions Type: SB Primary Use Group: M Primary Zoning District: Project: JCCG 16-0018 Permit Item Com $1-$2,000 Technology Fee Work Type Standard Item Commercial Standard Item -82- Fee Basis 1.00 1.00 Item Total $90.00 $10.00 Fee Total: Amount Paid: Balance Due: -83- $100.00 $100.00 $0.00 CONDITIONS UNDER WHICH BUILDING PERMIT ISSUED This pennit is issued upon the express conditions that the person, finn, or corporation named on this permit is responsible for all work authorized by this pennit to its completion and that such work shall conform in all respects to the statements certified to in the application for this pennit and that all work shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. This permit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed null and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. Any deviation from the approved plans shall require approval as in the original examination and approval process. Any person who OWTis, controls, or is in possession ofa construction site or building under construction shall "maintain the construction site, building under construction, and adjacent area free of litter, garbage, debris and waste material" and "maintain the street, road, or highways adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and sweep such areas at least once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied until final inspection has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivisi.on restrictions before starting construction. ADDITIONAL SPECIAL NOTE FOR COMMERCIAL/INDUSTRIAL PROJECTS : construction and development signage for new projects shall be subject to the issuance of the building permit and comply with the City of Lansing sign ordinance. NOTICE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issuance of any building and/or trade pennit(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demol ition of this property. The pennit applicant/oWTier assumes any risks and costs associated with obtaining the permit(s) for the property listed above. Due to the volume ofinspections, all request for inspections must be received at least 24 hours in advance. BEFORE YOU DIG You must call 1-800-482-7171 at least 3 working days before digging. Have the following information available: *County, City or Township *Location of work -street address * Intersecting streets/roads * Distance from intersection/direction * Extent of work Front/rear/both sides * Date of excavation * Start time of excavation * Type of work * Caller's name * Contractor -Contact phone number * Contact person -additional information Warning advisory re: Pressure Treated Lumber Based on current data from a number of industry sources, it is highly recommended that all metal in contact with ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. NOTICE: If this structure or tenant space is ever associated with the sale, distribution, processing, storage, or cultivation of Medical Marihuana, the issuance or approval of any building and/or trade permit docs not in any way alter any requirements imposed by State of Michigan or City of Lansing laws as they may relate to such activities. -84- Bennett, Jim From: Sent: To: Subject: Attachments: Jim Bennett, C.B.O. Building Official Building Safety Office City of Lansing 316 N. Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 (517)483-4155 (517)377-0169 Fax Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM Bennett, Jim Wednesday, August 24, 2016 2:30 PM 'Jonberi' RE: 3301 Capital City Blvd permit PB16-1166.pdf Web Page http ://pla ndeve lopment.cityofla nsingmi.com/bldgsafety/ CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -----Original Message----- From: Jonberi [mailto:jonberi@aol.com] Sent: Wednesday, August 24, 2016 2:03 PM To: Bennett, Jim Subject: 3301 Capital City Blvd permit Good afternoon Mr. Bennett, I was just checking in the status of the 1st permit, that you may have available today. Brant Johnson Sent from my iPhone This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com -85- Bennett, Jim From: Sent: To: Subject: Attachments: Please see attached. Jim Bennett, C.B.O. Building Official Building Safety Office City of Lansing 316 N. Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 (517)483-4155 (517)377-0169 Fax Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM Bennett, Jim Wednesday, November 09, 2016 7:39 AM Jonberi Oonberi@aol.com) 3301 Capitol City Blvd PB16-1166 Full.pdf Web Page http://plandevelopment.cityoflansinqmi.com/bldgsafety/ CONFIDENTIALITY NOTICE: This email contains information from the sender that may be CONFIDENTIAL, LEGALLY PRIVILEGED, PROPRIETARY or otherwise protected from disclosure. This email is intended for use only by the person or entity to whom it is addressed. If you are not the intended recipient, any use, disclosure, copying, distribution, printing, or any action taken in reliance on the contents of this email, is strictly prohibited. If you received this email in error, please contact the sending party by replying in an email to the sender, delete the email from your computer system and shred any paper copies of the email you printed. -86- I co -...J stamJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5116 9900 07211454 34 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.35 Weight: 1 oz Print Date: 0412712018 Mailing Date: 0412712018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit Ml 48213-1338 USPS Postmark Here 'Regular Priority Mail 2-DAY Servioe postage rates apply. There is no fee for Delivery Confirmation™ service on Priority Mail services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited In any collection box, handed to your mail carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that Is specified on this label. April 27, 2018 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit, Michigan 48082 Dear Applicant, Chris Swope Lansing City Clerk I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de novo. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Chris Swope, City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michiqan Ave., Lansing, Ml 48933-1695 517-483-4131 !_gg-77-0068 FAX www.lansingmi.gov/clerk "'"Y.clerk@lansingmi.gov Hilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 49015 I 1103 N. Washington Ave. Lansing, MI 48906 1269-841-51541 hbamard@lawservicesmi.com In Re: CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION CAP CITY MEDICATION STATION This decision is remitted to the Clerk of the City of Lansing by Hearing Officer, Hilary M. Barnard, Esq., having been read and informed on the issues recommends that in regard to CAP CITY MEDICATION STATION its license for a Medical Marihuana Provisioning Center should remain denied. FACTS CAP CITY MEDICATION STATION ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about February 21, 2018, the City Clerk denied Appellant's application for failure to obtain a valid Certificate of Occupancy as a retail (group M) use. Appellant had applied on August 24, 2016 for a building permit for work described as change of use group from B to M. This permit was issued on August 24, 2016 with an expiration date of February 20, 2017. A plan review was fully approved on or about November 9, 2016. By correspondence on August 24, 2016 and November 9, 2016, the consultant for appellant was given instruction for inspection and its requirements. No calls for inspections were made. Appellant never obtained required permits for electrical, mechanical, or plumbing updates in the plan. As a result, appellant's certificate of occupancy lapsed, and appellant operated without compliance. By letter dated February 2, 2018, appellant was sent a letter indicating that the Building Safety Department recommended a denial of the marihuana business license application. It was indicated in the letter that the building structure lacked a valid Certificate of Occupancy and the waste disposal plan lacked sufficient detail to comply with the State of Michigan Emergency Rule 36. Appellant had 10 days to address the deficiency with the City. By email dated February 9, 2018, the City of Lansing received an email from appellant's representative with forms for a Certificate of Occupation, indicating a hard copy to follow in the mail. Attached to the email was a file labeled to be site plans. By subsequent email on February 16, 2018, Appellant's representative sent a Change of use permit attachment and the same site plan document. A hard copy of these documents was received March 7, 2018 by the City of Lansing. Page 1of4 -89- Hilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 4901511103 N. Washington Ave. Lansing, MI 489061269-841-51541 hbamard@lawservicesmi.com On February 20, 2018, Appellant was sent a denial letter indicating that it had 14 (fourteen) days to appeal. By letter dated March 6, 2018 and received March 7, 2018, Appellant appealed the denial.1 Appellant also received a cease operation notice from the City of Lansing on or about March 16, 2018 and submitted materials to the City requesting reconsideration. APPLICABLE LAW & REASONING The issue is whether Appellant's application for a Marihuana Facility license for the City of Lansing was erroneously denied. Pursuant to MCL § 125.1513: (a] building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency ... A certificate of use and occupancy shall be issued by the enforcing agency when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances. When a building or structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. (emphasis added) Under state construction code a building shall not be used or occupied until a certification of occupancy has been issued by the appropriate enforcing agency, and the work covered by the building permit has been completed according to the permit and all applicable laws and ordinances. 2 Under the City of Lansing Ordinance No. 1217 Sec. 1300.1 et seq., An application for a marihuana business license shall not be approved unless the building safety office has inspected a proposed location for compliance with all laws for they are charged with enforcement.3 A city applicant must also be in compliance with the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 P.A. 281 (as amended).4 Pursuant to Emergency Rule 9(5)(b), license applicants in Michigan are required to have a valid certificate of use and occupancy. 1 This officer sees the appeal as timely, given that the denial letter was delivered on February 22, 2018. 2 W. Cas. & Sur. Grp. v. Coloma Twp., 140 Mich. App. 516, 523, 364 N.W.2d 367, 369 , (Mich. App. 1985). 3 City of Lansing, Michigan Ordinance No. 1217 Sec. 1300.5(E)(l). 4 Id. at Sec. 1300.2(D). Page 2 of 4 -90- H ilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 49015 I 1103 N. Washington Ave. Lansing, MI 48906 / 269-841-5154 / hbamard@lawservicesmi.com Under Emergency Rule 19: (1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 ... The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following ... (ii) The municipality authorizes the temporary operation of the applicant ... (2) A person that does not comply with this rule shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the act, or these rules. (emphasis added) Here, Appellant has not demonstrated compliance with the City of Lansing requirement for a Certificate of Occupancy. Appellant representative indicates that the timeline to cure deficiencies is unreasonable, however per statutory requirement in MCL § 125.1513, the city must issue the certificate, if entitled, within 5 days making a 10-day limit sufficient to have a permit application issued. While Appellant made effort to address deficiencies, the Appellant is not in compliance and cannot be issued a license if noncompliant. Further, Appellant has not had a valid certificate since expiration early in 2017 and has not explained why this was not corrected at that time.5 While Appellant is not addressing a State of Michigan license application, appellant cannot reasonably expect to obtain a City of Lansing license when non-compliant with the State requirements for the same business. As appellant is not able to meet requirements of Emergency Rule 9, it cannot be compliant at this time. Addressing the cease and desist, per Emergency Rule 19, a municipality must authorize the temporary operation of the applicant. The Lansing Ordinance requires compliance with the MMFLA. Here, the City of Lansing issued a cease operations notification which would indicate Appellant's temporary operation is not authorized thus making Appellant noncompliant with Emergency Rule 19. 5 Appellant raises the reasonable time argument; however, it should be noted that it did not cure its Certificate of Occupancy within a reasonable time. See Stefanac v. Cranbrook Educ. Cmty., 435 Mich. 155, 174, 458 N.W.2d 56, 64 (1990) (stating that a long period of delay of two and a quarter years could not be construed as reasonable). Page 3 of 4 -91- Hilary M. Barnard Attorney at Law 168 N. 20th St. Battle Creek, MI 4901511103 N. Washington Ave. Lansing, MI 489061269-841-5154 I hbamard@lawservicesmi.com CONCLUSION As Appellant is not compliant with requirements for marihuana business licensure, at this time its application for a marihuana facility license should remain denied. Respectfully Submitted, Hilary Page 4 of 4 -92- March 6, 2018 Chris Swope · Lansing City Clerk City of Lansing, MI 124 W. Michigan Avenue, 9th Floor Lansing, MI 48933-1695 (517) 483-4131 Dear Clerk and Staff; , ....... ' ·~ _.., -.. ·" .. ... ...... ... .. ... ~-~" C • r"'<'.l ,~:::,. ... "" .. :.•"' .... · .. , . -- ~-.• ) ; (j -·;,) ... .. r-·· r~.J \-~·1 As per your February 21, 2018 letter of denial to my client, CapCity Medication Statidrj:.;t:/ocKim -. \.£) Gaetano, I am writing you to appeal the denial of Kim Gaetano' s application for a City of Lansing Medical marihuana license. According to the language of your letter, the applicant has a right to an appeal within 14 days upon receipt of the letter by filing a written statement to your office. Additionally, pursuant to the City of Lansing, Michigan Ordinance 1217 Section 1300.IS(C) states, "Any applicant aggrieved by the denial or revocation of a license or adverse decision under this chapter may appeal to the clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the clerk." My client wishes to exercise her opportunity to appeal the denial. The applicant, Kim Gaetano, believes that the language of the potential for denial letter (Exhibit A) received from the Lansing City Clerk did not allow the applicant ability to comply with Michigan Building Code 2015 section 111.1 within a reasonable time period. Also, the language of the City of Lansing Ordinance 1217 did not indicate that an applicant must secure a certificate of occupancy prior to applying for a medical marihuana license. I. BASIS OF APPEAL Kim Gaetano's appeal is based on the following areas of discussion: 1. The owner of the premises was granted a building permit in 2016 to acquire a change of use (M group) but did not complete the building construction was not granted a certificate of occupancy, however, the owner is not the applicant for a City of Lansing medical 1 -93- II. marihuana license. Kim Gaetano, the applicant, was not aware that the work-needed to be done by Mr. Dickens was not completed. 2. The applicant for the Lansing Medical Marihuana medical marihuana license is not the owner of the premises, therefore, upon notice of lack of a certificate of occupancy there should have been given reasonable amount of time to acquire the certificate of occupancy and come into compliance, for which 10 days was not reasonable time to secure a certificate of occupancy. 3. Pursuant to the City of Lansing Ordinance 1217, the ordinance is vague and ambiguous on whether an applicant is required to obtain a certificate of occupancy prior to an applicant's application for a such license. 4. The City of Lansing Clerk's letter for potential denial for lack of a valid certificate of occupancy was vague when it demands that the applicant "address the deficiency" for which, Kim Gaetano, the applicant submitted an application for "change of use" to "address the deficiency" in order to obtain a valid certificate of occupancy. 5. On February 21, 2018, the applicant, Kim Gaetano, received the letter from the Lansing City Clerk's office denying its medical marihuana license within 3 business days of the applicant's application for "change of use", which seems not to be reasonable time for the applicant to have notice of whether her application for "change of use" has been accepted, considered, approved or denied. ~<' .. , .--· <.7":7:• .. .... c .:,i APPEAL DISCUSSION .. , __ ~ _1 i"'C. ---A. Prior Occurrence · ---u I -..:· ... In August 2016 a permit was issued by the City of Lansing (Exhibit B) to 3301 Capital Qty~,: r ,,.v Blvd. The applicant of the Site Plan Review and Building Permit applications was Jam&fhe -~~ -.. · I ·.) ~· --· .. Dickens (Exhibit C, D, E). The permit was issued on August 2016 with construction conditions, however, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and, Mr. Dickens was not granted a certificate of occupation and change of use code. But, Kim Gaetano, as the applicant for the City of Lansing's medical marihuana license was not building permit holder and should not be responsible for Mr. Dickens's failure. She was -94 - 2 not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Kim Gaetano's application for a City of Lansing medical marihuana provisioning center should not be denied, without allowing Kim the opportunity to apply for a certificate of occupancy for which Kim Gaetano has applied. On February 2, 2018, the Lansing City Clerk sent a letter to Kim Gaetano allowing Kim Gaetano to address the deficiency for the lack of a valid certificate of occupancy within I 0 business days. Thereafter, Kim Gaetano responded by resubmitting facility plans with the change of use, an application for a Site Plan Review; a Building Permit for change of use, and a Registered Design Professional Form (Exhibits F, G, H, I) within the 10 days. The City of Lansing promptly denied Kim Gaetano's application, disregarding Kim Gaetano's efforts to address the deficiency. Kim Gaetano application should not be denied without allowing her to apply for a certificate of occupation, as she attempted to address as required via the Lansing City Clerk's February 2, 2018 letter demands. II. REASONABLE TIME TO SECURE AV ALID CERTIFICATE OF OCCUPANCY On February 2, the Lansing City Clerk sent Kim Gaetano, CapCity Medication Station, a letter ~·· ··~ advising that her application for a City of Lansing medical marihuana license has been :::.: Bl recommended for denial by the Building and Safety Department (Exhibit J). The reasori..:?iv~ji~ was because the "s~cture lacks a valid Certificate of Occupancy as a retail (group M) ~iie arld '. " ~~ U 1 not alterations or obtaining a change of use group permit is indicated on the application~:·: ., c·:: -:: ... .) f7 ] In prompt response, Kim Gaetano submitted a building permit application to the BuildiP,:g arid) Safety Department, by hand delivery, which were denied by Mr. Jim Bennett. Because of his refusal to accept the documents, they were sent via email on February 9th (Exhibit K). I, Brant Johnson, as her representative, contacted Building and Safety via phone for any instructions, which was not responded to within the 10 days ofreceipt of Kim Gaetano's letter. On February 16th, Kim Gaetano took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. (Exhibit L) -95- 3 .~·· ··--' '• ...... - In summary, on February 9th and February 16th of2018, the City of Lansing's Clerk's office received, via email and hard copies, Kim Gaetano's response to the City of Lansing's February 2nd recommendation for denial letter. February 16th was a Friday, and by Wednesday February 21 51, Kim Gaetano received the letter for denial. It is clear that the City Clerk's office ignored Kim Gaetano's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently her application was denied. Now belies the question, whether 10 days was a reasonable amount of time for an applicant to secure a valid certificate of occupancy, or, to "address" the deficiency of the lack of a valid certificate of occupancy. In this matter, upon receipt of the City of Lansing's February 2nd letter, Kim Gaetano addressed the deficiency by applying for a Building Permit in order to secure the certificate of occupancy. Conversely, if building permit and site plan review applications were needed, and the applicant needed to have the location repaired and inspected prior to securing a certificate of occupancy, it is unreasonable to require an applicant to secure a certificate of occupancy within 10 business days. Under these circumstances, to require an applicant to secure a valid certificate of occupancy within 10 business days was umeasonable. Therefore, Kim Gaetano could not have complied with the City Clerk's February 2nd letter, and her application was unfairly denied. III. CITY OF LANSING ORDINANCE 1217 IS VAGUE AND AMBIGUOUS AS TO WHETHER A CERTIFICATE OF OCCUPANCY IS REQUIRED FOR AN APPLICANT; HINDERING KIM GAETANO FROM COMPLYING. Upon extensive review of the City of Lansing Ordinance No. 1217, there is no language that an applicant for a City of Lansing medical marihuana license is required to secure a "valid certificate of occupancy". The ordinance speaks to ownership, location, zoning, and operational requirements, and there is no language speaking regarding certificate of occupancy. Pursuant to the City of Lansing Ordinance 1217, § 1300.S(E), "No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. · ·· ,..,, -· c.::-1 "I '• • ·-• '.: .. :-•._·:;i -< ~-·' __ ,, .. 96-Ci -r··--c..-:i --· .. ---·· i ; ; .... _ .. In this matter, the City of Lansing may argue that since to Mr. Dickens failed to complete the construction requirements under the original building permit and that the location was not in compliance with all of the laws which the Building and Safety departments are charged with enforcement. Pursuant to Section (E) herein, the ordinance states that, "No application shall be approved", without to inspection of the proposed location for compliance. However, it doesn't state that an application shall be denied prior to inspection. Furthermore, in Kim Gaetano's case, the applicant should have been given a reasonable amount of time to bring the location into compliance. Here, once the applicant, Kim Gaetano, was notified that the location was not in compliance, she submitted a building permit and a site plan review application to bring the location.in to compliance. Additionally, if the location was required to be "inspected", then the City of Lansing did not allot reasonable time, 10 business days, to Kim Gaetano for an inspection. And, the City of Lansing did not give Kim Gaetano any notice whether her building permit and site plan review applications were approved, processed, or denied, before she was unfairly issued an application denial letter. The language of Section (E) is vague and ambiguous and does not express that an applicant is required to secure a certificate of occupancy prior to applying for a license for a City of Lansing provisioning center. To deny an application pursuant to Section (E) is unreasonable because the language of Section (E) is vague and ambiguous. Dictionary.corn's definitions of the term "vague" is as following : Vague means: Not clearly or explicitly stated or expressed; Indefinite or indistinct in nature of character; and Not clear or distinct to the sight or any other sense .... ;~._, . :o 1··:'; ~ ,... . .... ! .. · c·, ~. :J 1'' . .) (.:I r·-. CJ p ··1 '.Tl The language of Section (E), City of Lansing Ordinance 1217, is "not clear" and does not 1'..:> "explicitly state or express" whether an applicant's location is to be "inspected" prior to an applicant submitting an application. Nor, does it "explicitly state or express" whether in Section (E) that an applicant must secure a certificate of occupancy. Further, the City of Lansing Ordinance 1217, is clearly vague whether a certificate of occupancy is even required; hindering 5 -97- an applicant to comply with such requirement prior to applying for City of Lansing medical marihuana license. Section (E) states that "no application shall be approved". The statement, "no application shall be approved", is vague as to whether the City of Lansing's Fire Department and Building and Safety office must "inspect" a location prior to applying for a license, thus receiving the Fire Department and Building and Safety office's approval. Here, after being notified that a certificate of occupancy was required, Kim Gaetano, submitted a building permit and site plan review application; and no City of Lansing department inspected the premises. And, no department inspected the premises after she submitted an application for a City of Lansing medical marihuana medical marihuana license. The City seemed to ignore or disregard Kim Gaetano' s efforts to secure a certificate of occupancy. Based on the facts, Kim Gaetano was not able to comply with the City Clerk's February 2nd letter. ~ . ··- r·• ... 'l rk :J (:•:> ---·11o ::;. Dictionary.com defines "ambiguous" as the following: ['-._) (,;'; Ambiguous means: ~ Open to or having several possible meanings or interpretations; equivocal; __ -.:J Of doubtful or uncertain nature; difficult to comprehend, distinguish, or classifx;-:: - Lacking clearness or definiteness; obscure; indistinct. ::;:; (...) ~f-:} f\.) As stated above, the City of Lansing Ordinance 121 7 is ambiguous on whether an appli~ant' s application will be denied for the lack of a certificate of occupancy. The ordinance does not have any language regarding an applicant's need for a valid certificate of occupancy in order to apply for a City of Lansing medical marihuana license. Section (E) can definitely have "several possible meanings and interpretations" whether the City of Lansing Fire Department and Building and Safety departments shall inspect a location, for compliance, prior to an applicant submitting an application for a City of Lansing medical marihuana license. Here, Kim Gaetano' s application was denied, prior to any inspection by the Fire Department and Building and Safety. The language of the ordinance, specifically Section (E), lacks "clearness or definiteness" because the ordinance's language does not specify whether an applicant is to have his/her location "inspected" prior to applying for a City of Lansing medical marihuana license. Hypothetically, how can the Fire and Safety Departments "inspect" a location that isn't built yet, 6 -98 - .; r ~ .. ,-( I C") ! A·.--1 ......... f-T'! i ---~ \ ___ .. for which the City of Lansing has received numerous medical marihuana license applications. Are all of those applications being denied? It is "doubtful and uncertain and difficult to comprehend" that the language of the ordinance intends to deny all applications for proposing medical marihuana licenses that have not been built. The Fire Department and Building and Safety departments cannot inspect those locations for compliance. As stated above, Kim Gaetano's application was denied prior to any inspection and prior to being given a reasonable amount of time to have her building permit and site plan review applications reviewed, processed, then denied. Therefore, the ambiguous language of the City of Lansing Ordinance 1217, specifically Section (E) should not trigger a denial for lack of a certificate of occupancy, because it hindered Kim Gaetano to comply with the City Clerk's February 2nd letter. Additionally, the City of Lansing's February 2nd letter to Kim Gaetano states that the structure lacks a valid certificate of occupancy which is a violation of the Michigan Building Code 2015 section 111.1 . However, the City of Lansing Ordinance 1217 does not speak to Michigan =:~ ·::r.i Building Code 2015 at all. ~''. :·" i"V .::-·:; c...n As stated above, based on the language of City of Lansing Ordinance 1217 hindered Kif:ii; -~. Gaetano from complying with Michigan Code Section 111.1. Here, the city ordinance ~oesn~J f"71 •• speak to the Michigan Building Code. Also, the city ordinance does not speak to whether ;~ _., occupation of a structure was required prior to Kim Gaetano applying for a City of Lansing medical marihuana license. If so, then such language is unclear, left to multiple interpretations, and not explicitly stated or expressed. As Michigan Code Section 111 .1 relates to all of the applications that have been submitted for buildings that have not been occupied. In other words, for all of the applicants whom facilities that have not been built yet, those locations are not occupied and they haven't secured a certificate of occupancy. Based on the City Clerk's February 2nd and February 2l5t letters sent to Kim Gaetano, all of those applicants are in violation of Michigan Building Code Section 111 .1. Are they precluded from applying for a City of Lansing medical marihuana license until they secure a certificate of occupancy? Are all of those applications being denied? Is that the intent City of Lansing Ordinance 1217? Is an applicanrrequired to occupy and secure a certificate of 7 -99- 1._...' occupancy, pursuant to Michigan Code Section 111.1 in order to apply for a City of Lansing medical marihuana license? If that is the intent of the language of City of Lansing Ordinance 1217, then such intention must be clear, to avoid hindering all such applicants from complying with the City of Lansing Ordinance 1217. IV. THE CITY OF LANSING FEBRUARY 2Nn POTENTIAL DENIAL LETTER. Kim Gaetano received a letter from the City of Lansing's Clerks office dated February 2, 2018. recommending for denial by Building and Safety Department, because of: "The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1 ... If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied". As stated above, Kim Gaetano promptly responded to address the deficiency noted in the City Clerk's February 2nd letter, by submitting a building permit and site plan review applications to secure a certificate of occupancy. As previously argued, the language of the City of Lansing Ordinance failed to expressly state that a certificate of occupancy was required prior to Kim Gaetano applying for a medical marihuana license. Nonetheless, the February 2nd letter uses the term "address'', which may be left up to multiple interpretations. The City Clerk's letter should have clearer as to what was meant by "address this deficiency", other than for Kim Gaetano having to apply for a certificate of occupancy for which she did on February 9th and 16th in order to comply with the Michigan Building Code Section 111 .1 and the City of Lansing Ordinance 1217. Additionally, the City Clerk's February 2nd letter, states that the lack of the applicant's valid Certificate of Occupancy is in violation of the Michigan Code 2015 Section 111.1. However, according to the City of Lansing City Ordinance 1217, there is no Michigan Code 2015 Section 111 .1 language in the ordinance. There are no references to such code. There are no other r-·--. "' citations within the ordinance that leads the reader to refer to Michigan Code 2015. ·•· ·· ·· -::·::i ' •' ' _._,Pl ... -·: __ , -100- c~ ·_; ·-< ····-: -.; s ir .. ·_:_1~_.·.i I .. (. . .) fT1 .. .. .. (.,.) The City of Lansing Ordinance 1217, Section 1300.1 and Section 1300.2 gives the Medical Marihuana Facilities Act (Public Act 281) and the 2008 Medical Marihuana Act legal precedence to definitions and meanings over the Lansing's Ordinance 1217. In such, Public Act 281, Section 333.27206 "New Rules" state that, "The department, in consultation with the board, shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act". Consequently, the Michigan License and Regulatory Affairs (LARA) department in consultations with the Michigan Medical Marihuana board issued emergency rules (Emergency Rules) on December 4, 2017. Pursuant to the Emergency Rule 26(3), "An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy being issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: (a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance, enforcement, and inspection of building permits under this act may remain with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. (b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. Kim Gaetano submits that the Emergency Rule (26) confirms the need to secure a certificate of occupancy for a marihuana facility. But, Rule (26) specifically states that "an applicant or licensee shall not "operate" a marihuana facility unless a permanent certificate of occupancy has been issued. It is clear, that the Emergency Rules do not preclude an applicant from applying for a medical marihuana facilities license prior to securing a certificate of occupancy. The i_angu~ge ·_-~-. r.:-:' of Emergency Rule (26) explicitly uses the term "operate". This language does not prec'!U:de ?:: .. Kim Gaetano from applying for a medical marihuana license; she may not "operate" a ni~hli~a F?i facility without the certificate of occupancy. --·:) -(. --- ! ' : .. -···: C":; I ... ;_,,) ,-.. ·1 ::::, (.;) 9 -101- In Kim Gaetano's matter, if the Emergency Rule (26) apply Kim Gaetano's application should not be denied, because the Emergency Rules are clear. The Emergency Rule (26) prevents an applicant from "operating", and not from applying for a medical marihuana license. VII. CONCLUSION Kim Gaetano is committed to the City of Lansing. She could have applied for a medical marihuana license from another location within the allowable City of Lansing zoned areas. Kim Gaetano could have sought out other communities for her potential business ventures. She chose to make an investment in Lansing and their citizens, with jobs, taxes and property improvements. Kim Gaetano has over 10 years in the Medical Marihuana industry from Colorado to Washington. Kim has been very successful in all of medical marihuana enterprises, generating sales of over $2 million and employed many staff members, as an upstanding community leader. In conclusion, Kim Gaetano's application for a City of Lansing medical marihuana license was unfairly denied. The City of Lansing Ordinance 1217's language is vague and ambiguous on the matter for which the City Clerk based their denial of Kim Gaetano' s application. Kim Gaetano applicant and should be given the opportunity to have her building and safety applications accepted and processed prior to the City Clerk denying her application. The ordinance does not clearly state that a certificate of occupancy is required prior to applying for a City of Lansing medical marihuana license. If the ordinance's intent was for applicants to secure a valid certificate of occupancy, then all applicants who have not occupied their locations and who cannot secure a certificate of occupancy prior to applying for a City of Lansing medical marihuana license should be denied. I do not believe that is the City of Lansing Ordinance 1217's intent. Upon receipt of the February 2nd City Clerk's letter, Kim Gaetano promptly addressed the deficiency and applied to secure a valid certificate of occupancy. On these grounds, Kim Gaetano appeal to the City of Lansing's denial of her application should be granted. :""'-.~I •::-.) ·-· ~ :; . .. -~ r·,) c:1 ·-··· Thank you. ~·-· ----:• Brant A. Johnson & Associates c· _; j {.,,·.~} ,-;-.. ---10 .. , : C:.) ' -· -102- .. ! -~ ----(" i ....... , ----.. I -.. '. I --.... .. i .. __ ]-l l Applicam: Jc,ei Cardenas 12.24 Vermont Street Lansing MI 48906 ' Building Safety Office '~v ,·, Department of Planning and Neighborhood Devalopment 316 North Capital Ave Suite C-1 Lansing, Michigan 48933--J 238 (517} 4-83-4355 Building Type Status: ISSUED Pe~rn it Number: PB16-1166 Applied: 08/24/2016 Issued: 08/24/20 J 6 Expires: 02120120 i 7 Finaled: THE BUILDING PERMIT OR COPY SHALL BE KEPT ON THE SITE OF THE '0/0RK UNTIL COMPLETION OF TEE PROJECT LOCATION 01.AlNER CONTRACTOR 10 3301 CAPITAL CITY BLVD ! 33-01-01-06-201-071 3301 CAPITOL CITY L L C 615 GRISWALD Joel Cardenas 1224 Vermont S·;:eet Lansing Ml 48906 i Zoning District: EAST LANSING MI 48826 I Phone: (517) 402 7237 I i ! Phone: Fax: j Fax: Inspector: Chad Wakley (517) 483 4364 chad.wakley@lansingmi.gov W0rk Description: Change of Use Group -B to M Phased Approval Permit -Main BuiJ.ding Drive Up Wi.."'ldow. Stipufations: Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michigan C'J ..... ,, .... : .... -.. ! ~ ~ ; ; -..... t.":. __ ··'-· i '..!') ( ___ ) C'-J ' ~ ::-··- ' '• --- C::J c: ~.) l•-.J ,.--L-~ . L!..J .. J :~.) -· C .... r .~.J .. •.:: ··~-! Barrier Free Design Rules. All work is subject to field review, inspection, and approval. Shall comply with all applicable provisions of the 2012 Michigan Building Code (MBC) and Michig2_n Barrier Free Design Rules. The holder of a phased approval permit shall prcce:ed at the hoiders own risk without assurance that the permit for the entire structure will b~ granted per section 107.3.3 NIBC 2012. ADDITIONAL FEES WILL BE REQUIRED. Contractor must provide a paper copy of che approved plans or an electroPic copy of the 2.pproved plans and a suitable means of vievving them for use by the inspection staff. All work is subject to field review, in.spection, and approval. Primary Constructions Type: 58 Primary Use Group: M Primary Zoning Distri cr: Project: JCCGl6-0G18 Permit Hem Work Type Com $1-$2,00G Standc:<rd Item Commercial Technology Fee Standard IteTr1 -103- Fee Basis 1.00 LOO It~m Tob.I $90.00 Sl0.00 Fee Total: Amount Paid: Balance Due: ··:· -... .. .... -·· .. 1 i-1-; -· •.. -104- $100.00 $100.00 $0.00 ......... 1 C..::-J c .. -_., .;,-· " --. ; i" .. ~;· c-.' (_;·~; .. I i -· --:_·J i ' (__~.) (_,) CONDITIONS UNDER WHICH BUILDING PERJ.'1IT XSSUJED This permit is issued upon the express conditions that the person, firm, or corporation named on this pe1mit is responsible for all work authorized by this permit to its completion and that such work shall confonn in all respects to the statements certified to in the application for this permit and that all work shall be done in accordance with the provisions of the statutes of the State of Michigan and the ordinances and codes of the City of Lansing pertaining to the erection of buildings. This permit may be revoked at any time upon violation of said statutes, ordinances or codes. Also, a permit shall be deemed null and void if work is not commenced within (6) months of the date permit is issued. Approved plans and specifications shall remain on the construction site for all inspections. Any deviation from the apprnved plans shali require approval as in the original examination and approval process. Any person who owns, controls, or is in possession of a construction site or building under construction shall "maintain the constructio;1 site, huilding under construction, and adjacent area free of litter, garbage, debris and waste material" and "maintain the street, road, or highvvays adjacent to, or abutting the construction site free of dust, sand, mud, dirt, litter, garbage, debris, or waste material and sweep such areas at least once per week. CERTIFICATE OF OCCUPANCY: Where a certificate of Occupancy is required, such building shall not be occupied uf!til final inspection has been made and certificate issued, as per Section 110 of the Michigan Building Code. SIDEWALKS: installation of sidewalks is the responsibility of the property owner. Contact the Public Service Department for specific requirements. WARNING: Check deed restrictions and subdivision restrictions before starting construction. ADDITIONAL SPECIAL NOTE FOR COMMERCIAL/INDUSTRIAL PROJECTS: construction and development signage for new projects shall be subject to the issuance of the buildif!g permit and comply with the City of Lansing sign ordinance. NOTICE: if this structure is in, or becomes submitted into the city's make safe or demolish process, issuance of any building and/or trade permit(s) does not in any way alter the demolition schedule or give rise to a cause of action to prevent the demolition of this property. The permit applicant/owner asswnes any risks and costs associated with obtaining the pe1mit(s) for the property listed above. Due to the volume of inspectfions, an request for inspections must be received at ieast 24 boms in advance. BEFORE YOU DIG You must call 1-800-482-7171 at least 3 working days before digging. Have the following information available: *County, City or Township *Location of work -street address * Intersecting streets/roads * Distance from intersection/direction * Extent of work Front/rear/both sides * Date of excavation * Start time of excavation * Type of work * Caller's name * Contractor -Contact phone number * Contact person -additional information Warning advisory re: Pressure Treated Lumtier Based on current data from a number of industry sources, it is highly recommended that all metal in contact with ACQ treated lumber and other new generation treated lumber (not CCA) be only 304 or 316 stainless steel or ACQ compatible material. This includes all Fasteners, Connectors, Flashings, etc. -105- '..•• -~· .. · i r:-~ . ,....., .~ ... ' ·.: .. '.) ..... ) ,r,.•.: ... ·· '.~ • i 1~:::1 r\-·~ ~~--. Application for Plan Review City of Lansing, Building Safety Office 316 N. Capitol Avenue, Suite C-1 Lansing, MI 48933 Location of Proposed Construction: Facility Name: ~~Cb ~vl<lAtc..A-fic;~ Jt11-f/ot>.:iAddress: 3.3e r Cf.tg;+..., L c; ~ ~lvp ,l..ANJ;{J f J:it Lf'i'<ff:f= Parcel Number: '$ 3 -o I -61 -0 'o --Z.01 --G 71 Suite Number:------------------ Building Data: Gross Floor Area: New Building: t I / lj SQ. FT. Addition: ___ SQ. FT. Alteration: 2c.() SQ. FT. Repair: ___ SQ. FT. Construction Type:llB ..... ·Vi I'-( Area per Floor: ___ _ Classification per Building Code: Building Use Group: _tL_ No. of Floors: Number of Occupants: .3 k Fire Sprinklers: None :__ Entire Building:__ Limited Area (Describe):-------------- Description of Project:------------------------------------ Design Professional in Responsible Charge: C&A Engineers is only responsible for the Civil Design Only-Sheets Tl and Cl Firm Name: C&A Engineers Licensed Individual:_ Shaukat Alvi -responsible for sheets Tl & Cl Ernail:James.carter@caengineersllc.com Michigan License Number: 6201053122 Mailing Address: 119 Per Marquette Dr , Ste 2D City: Lansing State: ~Zip: 48917 Telephone Number: (__~_!_2_) 925-8352 -------Fax Number: ( __ 2__!1.J 90_8-_0_59_6 _____ _ Applicant: Firm Name: Individual: ---'--K_I ...._OT-. --'-CS_M_r.±~· ~{\~/.J_'C ______ _ Email: J Dn:KE<-rl.$ © QMc.f>~-f!.,j ; U _ C..D n Mailing Address: 3 3 a I LI¥(; +o L (; ~ 8 LvO City: ~L=8~;....,_J ~; (L.~C)+------State: .Jj;f__ Zip: lf '6'1 u~ Telephone Number: ( 5 11 ) ·z..,3.::, -J'?. ~ I Fax Number: (__J ---------- ~'---, . ! J >r:T---7 ................. ~ ,, !\ ./~ Applicant Signature: ' , /\I / . /-7""--'«,.. I,. / ...___,/" l''·'-·-------\;f __ ___ Project/Construction Manager: (If Applicable) Firm Name:--------------Individual:---------------- Email: _____________________ _ Mailing Address:---------------City:-----------State: __ Zip: __ _ Telephone Number: ( Fax Number: (__J ________ _ Building/Property Owner: Firm Name:-------------- Email: 1J> ·i c.K:.-t......, 2 (V:.. Mailing Address: 35 o I cr ... eA·TJL C ~ Gt..\fj) Telephone Number: C1J.]_) 2-3c -1 '-'?> ''f ( Valuation of Work: $ 2 D DOD. ~ Individual: -~V\~"-·:_'"'i~,, ~G-~A-~--~~c.f-;_· ~_,.s_·~_v ____ __,,c::: ... ::-__ - City: j.., f}f\,,S I ''() Fax Number: (__J --------- State: t""tI:~/Zip:~i"?M~ • .:.-·• •• • •• J '• i ·:·: 1:· !" .1 ,· (J Plan Review Fee: $ ------~,,......._~'-.......::....~ ... _i ··-:-·) f""-i .. ! ,,--. . ,· r --( .... ) r-.-, •··.·· ) .-· -·· .. w -106- BUILDING PERMIT APPLICATION Permit#: ______ _ City of Lansing Building Safety Office FC #: ----------- 316 N Capitol Ave., Suite C-1 Lansing, Ml 48933-1238 Project#: __________ _ Address 330\ C;:i. Lot No. (517) 483-4355 Parcel No. LOCATION OF WORK TO BE DONE :) -Cf -t>) -06-~)·-0 Applicant Address 55ol C.4{;-fnt.. Cf-1 1£,'\..\JD Phone K~ h b-rtt:+~ Cit State Zi L.,Ci ":.\; t-r-:r.. Li t:::i 517 -23u-~'il Property Owner J\ ~ rt 6-At.-~N o Address 13oJ o iq °Jc. 'c; tJ-~L.."1µ Cit State Zi LAl'-5i• -, Y/L "-I 890 Phone Contractor Address 1 ·LL') V t.'Z-1"\ ~ ,..t ~~d Phone City, State, Zip J...A(l.,5'j1,~ i.1-t::r:-¥8i'O/c License Number , 0 I ~t 7)'1~2.-7237 Email -'O~ k: ~ ~d-, t.c,<--t Exp. Date Architect/Engineer Address l l '1 flt. Q_ ~'l)i:..iftl JP,,, B-Z: Phone License Number City, State, Zip l--8-r·{r~ im 9t1· 1 ·1 (5n)q.:::.'&-o5c/"- Email -5~/"\f..J . CA'rd-a.. e DESCRIBE WORK: For Residential Property: Number of dwelling units --i>----Number of Bedrooms ___ _ For Commercial Property: Sq. Footage '2\ \.C( Fire Suppression System? Yes __ · No _A,:... • Applicant has read, understands, and accepts the conditions in PART I on the reverse side. • Residential contractors MUST complete PART II on the reverse side of this form. Section 23a of the State Construction Code Act of 1972, 1972 PA230, MCL 125.1523A, prohibits a person from ·conspiring to circumvent the licensing requirements of this state relating to persons who are to perfonn work on a residential bulldlng or a residential structure. Violators of Section 23a are subject to civil fines. Date OR OFFICE USE ONLY o Convert .' .. ·--' (---:. --· -·< .... ~.,. '•' ···;·1. ~--\.;' ·-·-·· : . ; ·._ __ .. o New Building (SFR) o New Building (Com) Valuation of Work $ ~--~~~~-~~ D Siding o Tear Off & Re-roof o Foundation Only o Addition o Alteration o Repair oTear-out o Garage/Carport o Deck/Porch D Pciol D Other------- o Mobile Home Set-up o Investigation Fee o Certificate of Occupancy Required o Community Development Program o Residential Rental CONST~UCTION TYPE. _____ USE GROUP _____ _ ZONING DISTRICT LAND USE ______ _ PROJECT IS IN THE FLOOD PLAIN: 0 Yes o No COMMENTS -107 - Plan Review Fee $ ~~~~~~~~~- Bui Id in g Permit Fee $ ______ _ Technology Fee $ 10.00 (All Building Permits) Building Permit $ .... 2 ... 5 ...... 0""'0'-·*_* _____ _ Application Electronic Conversion $ -~------TOT ALF EE$_-_,,-.-~---- APPROVALS Zoning _____ ~-----+------ Building -----------1r------ **NOTE -These lees apply only to licensed contractors for Permit types that can be obtained onllne (Roofing, Siding And Roofing and Siding) Buildjng Permit -Page 2 of 2 PARTI I do hereby swear and warrant that all statements made by me in this application are correct to the best of my knowledge and that, in consideration of the granting of this permit, I agree to save the City of Lansing harmless from any and all damages. I hereby agree to construct said work in all respects in compliance with the Statutes of the State of Michigan and the Ordinances of the City of Lansing, Michigan. I do hereby agree to locate this building on the lot so that it will conform with all Zoning and Building regulations. All information submitted on this application is accurate to the best of my knowledge. PART II Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. FOR RESIDENTIAL CONTRACTOR ONLY: . Applicant is responsible for the payment of all fees and charges applicable to this application and must provide the ·following information. Name Phone Address I City State I Zip Federal l.D. No. ~. .. , .. ._., -·· ·:·::·;. -·· ---.. ~::::J MESC Employer Number or Reason for Exemption :.r:· · .. .... ~· ... : .... • -•. l ·--···· ,·.-· \_I ; --.' , .. _., r-~i Worker's Comp. Insurance Carrier or Reason for Exemption , .. . ''-' !--1-'; ,.-.... er~ ·-' ---·····-· ... , .. ........ -· ·.· -· ... -· :-·l i I hereby certify that the proposed work is authorized by the owner of record and that I have beenca.'uth9rizecl:by the owner to make this application as his authorized agent, and we agree to conform to all applit::tibl#laws of the State of Michigan. All information submitted on this application is accurate to the best of m¥:·~noie~dge. Section 23a of the State Construction Code Act of 1972, Act No. 230 of the Public Acts of 1972, being Section 125.1523a of the Michigan Compiled Laws, prohibits a person from conspiring to circumvent the licensing requirements of this state relating to persons who are to perform work on a residential building or a residential structure. Violators of Section 23a are subject to civil fines. Signature of Applicant Application Date Investigation fee: Whenever any work for which a permit is required by Code has been commenced without first obtaining said permit, a special inve.stigation shall be made before a permit may be issued for such wo'rk~ . An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued~ The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the Code nor from any penalty prescribed by law. Effective July l, 2016 Last Update 09/12/2016 -108- 3 16 >.:. Caoitul A \·t: .. Su; Le C-I ··-Lziusini:'.. ;\:U .iS9J3-l238 -(5 l 7) .!~83-4355 ·-·Fax (5 i TJ )77-0 I GCi · Rot~en Jqhr.s1;1\ Din.:c1or \.\''.vv:. l.:wsingm i.gov Virg Bemero. Mn_yor Huildina Safety'' Office .!....JI -· 1 ._... ... ···b . .J.. - Registered Design P:rofossfona~ Form Registered Design Professional in R~spom:ibi.;:: Ch::li'ge (DPRC) In accordruice with the section l07.J.Ll 1\rJ'BC 2012, the Project Owr:c·r mus; ,_fasignato: the -licensed an:hitcct 01· engineer who is rhe project's Registered Design Prr>fossiona! in Responsible Charge. The designated architectlenginet:r must be: a licensed pmfr:ssional, and is r\Jsponsibi::: for reviewing and coordinating all submittal documents prepared by consultants for e-ompa!ibiiity with the building design. Docurnems may induck: design/build submittals, deferred submit-t:'lb , special irVipections ;mci srructurn1 observations. Project Address: 3301 Cap[tol City Bivd Projcd!Tcnant Name: Medical 1'1!arihuana Care Give:· ~en_ter/ Capicoi City, LLC COL f'rojec! #: 71215 --------~ Registered Design Professional in Responsible Charg«_~--------------------- Firs1 Name: Paui t,·--·-- Company: Angle Design & Conscruction, LLC Phone: 313.220.5432~: Addi·ess : 6200 Schaefer Rd Cii:v: State: !Vii --------- E-mail: mhachem@anglcdesigu@com~'.2St.biz Owner information --------------·------ Fi:st Nam~: Addn:ss: Srate: T __ ,1p: -----·-----·------ E-rnaiJ: F'ho:1e-: Fa:~: r\s the p~;~()JJSC:'f ()\:VftfEl~, j design·at-e the atJo-.,,:,z persD~i ns E!.)" r~gis~:_:.re~.:1 pr-of:essio~1~d for t~e pn:Jje~t not;!d~ I undei-siand that the architect/engineer desigmd,:d sk,i! br: f·'.:Spo1 :s ibie fr.:i1· revi;:wing :'.nd coord[m11 ing ;di subn:ittrd documents prepared by others for the duration oftii'; project. i a!so und<:rstanci ihat I mcist pre>vide w:rinen ;1otificafr:·n to the Building Official if my desi~nee i:; clm1.i:'.ed. Own1.0r Signature -109- -.c.-:.:: April 27, 2018 Cap City Medication Station c/o Kimberly Gaetano 11999 Gratiot Avenue Detroit, Michigan 48082 Dear Applicant, Chris Swope Lansing City Clerk -...... -· .... .... ·-·· ... .. ... , .... c·~: _.,. i ... ·~ ... /'"'" ;G :: .· .. ~ ;···._) c_-_-:, c.~ -::-. .. .--···· .. i'• .. ) (); --,::\ C,;,) .. i:-' I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3301 Capital City Blvd. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de nova. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, -~~ Chris Swope, City Clerk cc : M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk citv.clerk@lansingmi.gov -110- .. -~-i (--.-.; :·-r; -.-:-·--~. ~ -: : ; -..,._. February 2, 2018 Kimberly Gaetano 11999 Gratiot Avenue Detroit, Ml 48082 RE: Cap City Medication Station Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. A copy of the Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michiqan.gov/lara/0,4601,7-'l 54-79571 83994---,00.html or by phone 517-284- 8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ 517-377-0068 FAX ww.lansingmi.gov/cle _ l l l -~rk@lansingmi.gov , .. ., .. ' c--~~ (/': .... .. ·.--: -' \,, ... , .. .•.. Hilary Jlf. Bclrnctrd Atton1':;y at Law ---·--·-- 168 N. 20th SL BatUe Creek, MI 49015 f I I 03 N. Washington Ave. Lansing, Ml 489061269-841-5154 1 hbo.mard@lawservicesmi.com In Re: CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION CAP CITY MEDICATION STATION This decision is remitted to the Clerk of the City of Lansing by Hearing Officer, Hilary M. Barnard, Esq., having been read and informed on the issues recommends that in regard to CAP CITY MEDICATION STATION its license for a Medical Marihuana Provisioning Center should remain denied. FACTS CAP CITY MEDICATION STATION ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. On or about February 21, 2018, the City Clerk denied Appellant's application for failure to obtain a valid Certificate of Occupancy as a retail (group M) use. Appellant had appiied on August 24, 2016 for a building permit for work described as change of use group from B to M. This permit was issued on August 24, 2016 with an expiration date of February 20, 2017. A plan review was fully approved on or about November 9, 2016. By conespondence on August 24, 2016 and November 9, 2016, the consultant for appellant was given instruction for inspection and its requirements. No calls for inspections were made. Appellant never obtained required permits for electrical, mechanical, or plumbing updates in the plan. As a result, appellant's certificate of occupancy lapsed, and appellant operated without compliance. By letter dated February 2, 2018, appellant was sent a Jetter indicating that the Building Safety Department recommended a denial of the rnarihuana business license application. It was indicated in the letter that the building structure lacked a valid Certificate of Occupancy and the waste disposal plan lacked sufficient detail to comply with the State of Michigan Emergency Rule 36. Appellant had 10 days to address the deficiency with the City. By email dated February 9, 2018, the City of Lansing . received an email from appellant's representative with fo1ms for a Certificate of Occupation, indicating a hard copy to follow in the mail. Attached to the email was a file labeled to be site plans. By subsequent email on February 16, 2018, Appellant's representative sent a Change of use permit attachment and the same site plan document. A hard copy of these documents was received March 7, 2018 by the City of Lansing. i ;-...;) -•.. i;:-;·.:J -.. ('.: ~ .' ... -.:.:·., ----· :'-..) ... ._ .. () ' ----· ;-; ... Page I of 4 '· ' ( ...... ) -112-j-;~ :··~ .. '· .. : l : i~·-, r~ ; ··--· ·-·-· ·-·,-! : Hila1y M. Bar11{trd Anorney at Law ---·---·---·--------------.. ····---·------------------------------------- 168 N. 20th St. Battle Creek, Ml 4901511103 N. Washington Ave. Lansing, MI ·189061269-841-51541 hbamnrd@Jawscrviccsmi.com On February 20, 2018, Appellant was sent a denial letter indicating that it had 14 (fourteen) days to appeal. By letter dated March 6, 2018 and received March 7, 2018, Appellant appealed the denial.1 Appellant also received a cease operation notice from the City of Lansing on or about March 16, 2018 and submitted materials to the City requesting reconsideration. APPLICABLE LAW & REASONING The issue is whether Appellant's application for a Marihuana Facility license for the City of Lansing was erroneously denied. Pursuant to MCL § 125 . I 5 l3: [a] building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency ... A certificate of use and occupancy shall-be issued by the enforcing agency when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances. When a building or structure is entitled thereto, the enforcing agency shall issµe a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. (emphasis added) Under state construction code a building shall not be used or occupied until a certification of occupancy has been issued by the appropriate enforcing agency, and the work covered by the building pennit has been completed according to the permit and all applicable laws and ordinances.2 Under the City of Lansing Ordinance No. 1217 Sec. l300. I et seq., An application for a marihuana business license shall not be approved unless the building safety office has inspected a proposed location for compliance with all laws for they are charged with enforcement. 3 A city applicant must also be in compliance with the Medical Marihuana Facilities Licensing Act (MMFLA), 2016 P.A. 281 (as amended).4 Pursuant to Emergency Rule 9(5)(b), license applicants in Michigan are required to have a valid certificate of use and occupancy. 1 This officer sees the appeal as timely, given that the denial letter was delivered on February 22, 2018. 2 W. Cas. & Sur. G1p. v. Coloma Twp .• 140 Mich. App. 516, 5:!3, 364 N.W.2d 367, 369 , (Mich. App. 1985). 3 City ofLansing, Michigan Ordinance No. 1217 Sec. 1300.5(E)(l). 4 Id. at Sec. l 300.2(D). Page2 of 4 -113- ' -· ,. -·· .., -~; ... .. .. '-.. ... ( ... ~; i .. ... : ; i'-) r:. .) (::'.) :r:.- \.) U ; - ... (,) !•· .. '·· I t-·- <:-) ;-:-1 r-i· Hilary M. Bctrnard Attorney at Law 168 N. :?0th St. Battle Creek, MI 49015 ( 1103 N. W11Shington Ave. Lansing, MT 489061 269-841-51541 hbamard@Jawservicesmi.com Under Emergency Rule 19: ( 1) An applicant for a state operating license may temporarily operate a proposed marihuana facility that would otherwise require a state operating license if either of the following applies: (a) The applicant's proposed marihuana facility is within a municipality that adopted an ordinance before December 15, 2017 ... The applicant shall submit an attestation on a form established by the department that includes the signature of the clerk of the municipality or his or her designee attesting to all of the following ... (ii) The municipality authorizes the temporary operation of the applicant ... (2) A person that does not comply with this rule shall cease and desist operation of a proposed marihuana facility and may be subject to all the penalties, sanctions, and remedies under state and federal law, the act, or these rules. (emphasis added) Here, Appellant has not demonstrated compliance with the City of Lansing requirement for a Certificate of Occupancy. Appellant representative indicates that the timeline to cure deficiencies is unreasonable, however per statutory requirement in MCL § 125.1513, the city must issue the certificate, if entitled; within 5 days making a l 0-day limit sufficient to have a permit application issued. While Appellant made effort to address deficiencies, the Appellant is not in compliance and cannot be issued a license if noncompliant. Further, Appellant has not had a valid certificate since expiration early in 2017 and has not explained why this was not con-ected at that time.5 While Appellant is not addressing a State of Michigan license application, appellant cannot reasonably expect to obtain a City of Lansing license when non-compliant with the State requirements for the same business. As appellant is not able to meet requirements of Emergency Rule 9, it cannot be compliant at this time. Addressing the cease and desist, per Emergency Rule 19, a municipality must authorize the temporary operation of the applicant. The Lansing Ordinance requires compliance with the MMFLA. Here, the City of Lansing issued a cease operations notification which would indic<1te Appellant's temporary operation is not authorized thus making Appellant noncompliant with Emergency Rule l 9. , .... ) ,. L:::;i --.. c :J · ... ·'"_; -· .... : •. .. ;\ c ·-· u : ··-.. .. ,-, .. -.. , ' I (...) r-;-·: •• ~ Appellant raises the reasonable time argument; however, it should be noted that it did not cure its Certificit6 of:;;:-: Occupancy within n reasonable time. See Stefanac v. Cranbrook Educ. Cmty., 435 Mich. 155, 174, 458 N.W.2d 56, 64 (1990) (stating that a long period of delay of two and a quarter years could not be construed as reasonable). Pnge 3 of 4 -114- / '.,~) -· ' ' .-' ·-) I ; : i: Hilary; M~ B{1r11{tr{/ 1\norney at Law 168 N. 20th St. Battle Creek, MI 49015 j 1103 N. Washington Ave. Lan~ing, Ml 489061269-841-5154 I hbarnard@lawservicesmi.com CONCLUSION As Appellant is not compliant with requirements for marihuana business licensure, at this time its application for a marihuana facility license should remain denied. Respectfully Submitted, Hilary f'-.. 1 ,. C .. ) " .. , . c_:::~ ... .. --· , .. ·' r·· .. .) ,_ .. (F; -·--. ·-<: J (-') l" . C ) !'~Ii ~'"·'1 ••• J .. ... .!::··· Page 4 of 4 -115- ,,. .... ,.-,, __ · -1··1 .. -, !.... _; ~·-r-1 ----"• !-·~-·! CITY OF LANSING MEDICAL MARIHUANA COMMISSION APPEALS FOR MEDICAL MARIHUANA FACILITIES LICENSE CAPCITY MEDICATION ST A TI ON Appellant, V. CITY OF LANSING, CITY CLERK Appellee. Rico D. Neal (P69744) Attorney for Appellant 2875 Northwind Drive East Lansing, MI 48823 (517) 290-5753 4"' -~. :--.... ~--, ., ~ ' -r:::.~.'";) ........ -,·- :..:::1 ~·:;·:: -< ;".,.) --' en .. : --.--; ;·-·· (_,.) :'I .... ;:':'_] APPELLANTS MOVES TO APPEAL A DENIAL OF MEDICAL MARIHUANA APPLICATION PURSUANT TO THE CITY OF LANSING ORDINANCE, CHAPTER 1300.15 (C) Appellant, Kim Gaetano aka CapCity Medication Station, by and through attorney, Rico Neal, hereby appeals to the City of Lansing Medical Marihuana Commission pursuant to the City of Lansing Ordinance Chapter 1300.15 ( c) -116- 1 -~~-{.'\ i (_-) 1---~~ ; I ; :· .. ·-; ......... ADMINISTRATIVE HISTORY Appellant applied for a City of Lansing Medical Marihuana Facility license with the City of Lansing. The Clerk for the City of Lansing denied Appellant's application for failure of securing a Certificate of Occupancy. Pursuant to the City of Lansing Ordinance Chapter 1300.15 (C), Appellant submitted a Clerk Appeal, (Exhibit A) for a reversal of the denial. Upon review of the Clerk's designated Hearing Officer, the Appellant's appeal was denied. Here, the Appellant pursues her rights for an appeal to be heard and reviewed by the City of Lansing Medical Marihuana Commission. The Appellant moves to have her appeal granted due to· the _ ::> ~;:~~ ···. Clerk's arbitrary and capricious denial. ::.,..l :-;-:.: ..... ,_:-1 FACTS ~---... In August 2016 a building permit was issued by the City of Lansing (Exhibit B) to 330fj:apjJal !··-~ ~ . ~ : City Blvd. The applicant of the Site Plan Review and Building Permit applications wasiam~ine Dickens (Exhibit C, D, E). The permit was issued on August 2016 with construction conditions. However, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and Mr. Dickens was not granted a certificate of occupation and change of use code. Appellant, the applicant for the City of Lansing's medical marihuana license, was not the building permit holder and should not be responsible for Mr. Dickens's failure. She was not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Appellant's application for a City of Lansing medical marihuana license should not have been denied, without allowing the Appellant an opportunity to secure a certificate of occupancy of which she has applied for. Appellant's representative submitted a building permit application to the Building and Safety Department, which were refused by Building and Safety. Because of the refusal to accept the 2 -117- documents, they were sent via email on February 9th (Exhibit F). Appellant's representative contacted Building and Safety via phone for any instructions, which was not responded to. On February 16tl1, Appellant's representative took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. After several more attempts to submit the documents for the Certificate of Occupancy, Building and Safety accepted hard copy documents on March 7, 2018. In summary, the City of Lansing's Clerk's office received, via email and hard copies February 9th and February 161h of2018. The Appellant took appropriate action to secure a Certificate of Occupancy within the required 10 days. On Wednesday February 21 5\ Appellant received the letter for denial. It is clear that the City Clerk's office ignored Appellant's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently Appellant's application was denied. STANDARD OF REVIEW Pursuant to Administrative Procedure Act 5 U.S.C. § 706(2)(A) r--... :.l' _J:.· c::.i ·-· ·-·--~ ... -.·. :r::-· ~ .::. -··::. i''•,J ('.! ()"/ .. -··._ c:o :)""i ; .. (_-:~ (2) hoid unlawful and set aside agency action, findings, and conclusions found to be -r ··· :;;) ;_.: fll 1~'-. (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;< ,. RELEVANT LAWS MCL 125.1513 125 .1513 Certificate of use and occupancy; issuance; contents; application; fee; temporary certificate; notice of final inspection. A building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency.. . . A certificate of use and occupancy shall be issued by the enforcing agency when the work covered by a building permit has been completed in accordance with the permit, the code and other applicable laws and ordinances .... When a building or -118- 3 structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. Emergency Rule 9(5)(a) (5) An applicant shall submit proof to the department of the following: (a) A certificate of use and occupancy as required pursuant to section l3of1972 PA 230, MCL 125 .1513 and these rules. City of Lansing Ordinance 1217, § 1300.5(£), "No application shall be approved unless:" (I) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. City of Lansing Ordinance 1217, §l300.2(D), All activities related to medical marihuana, including those related to a medical marihuana provisioning center, a medical marihuana grower facility, a medical marihuana secure transporter, a medical marihuana processor or a medical marihuana safety compliance facility shall be in compliance with the rules of the Medical Marihuana Licensing Board, the rules of the Michigan Department of Licensing and Regulatory Affairs, or any successor agency, the rules and regulations of the City, the MMMA, MMFLA and the MTA. MCL 111.1 111.1 . Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. i ·-' -·-c:.:• .. -< i ... 1 ... i •, ,• ,-..• (.!) 4 -119- SUMMARY OF ARGUMENT Appellant, aka CapCity Medication Station, (Appellant), argues that the City of Lansing's Hearing Officer's denial (Exhibit G) of the Clerk Appeal was arbitrary and capricious. The Hearing Officer refers to inapplicable sections of the Chapter 1300 of the City Medical Marihuana Facility Ordinance, and arbitrarily applies ancillary State of Michigan Statutes in its reasoning to uphold the Clerk's denial of the Appellant's application. Here, the Appella~f ;~;:; ·-····" complied with the language of the City of Lansing Ordinance 1217 Chapter 1300's langu~ge,~~; .... ' . -~ i'" .. ) when she applied for a medical marihuana facility license, and attempted to address the 0 u: C) deficiencies required in the City of Lansing's February 2nd letter, (Exhibit H) for I f .. i! recommendation of denial. The Hearing Officer arbitrarily applies statutes and rules thaf:~hapter 1300 does not express; and ignored the expressed language in the City of Lansing's Letter recommending for denial. In other words, the Hearing Officer's reasoning was not based on the facts and evidence relevant to the City of Lansing's stated reasons for denial. Additionally, the Hearing Officer specifically states that, "The Appellant made attempts to address the deficiency"; and even if the Appellant isn't in compliance, she then states that the Appellant is not in compliance "at this time". Here, the Appellant "made attempts to address the deficiency", by applying for a Certificate of Occupancy. Moreover, the City of Lansing's Clerk's recommendation for denial letter states, "address this deficiency", which the Hearing Officer expressly admits. Plus, had .the City of Lansing accepted the Appellant's building permit and change of use application, the Appellant could be in compliance. DISCUSSION Pursuant to Natural Resources. v. US., 966 F.2d 1292, 97, (9th Cir.'92), arbitrary and capricious is defined as, absence of a rational connection between the facts found and the choice made. 5 -120- Additionally, an agency decision may be set aside if the decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, Id 5 U.S.C. § 706(2)(A). Here, the Hearing Officer's initial reasoning applied MCL 125.1513, stating that the Appellant must secure a Certificate of Occupancy in order to be in compliance for a Lansing Medical Marihuana facility license. According to the facts, MCL 125.1513 was not stated in the Lansing Ordinance 1217 § 1300. Furthermore, the City of Lansing's February 2nd letter of recommendation for denial, did not state or refer to MCL 125.1513. The Hearing Officer abused its discretion by referring to this ancillary state rule, for which the Appellant was not being held to, according to the facts. Here the facts reveal that the City of Lansing's Clerk's letter ofrecommendation for denial, stated that the Appellant was in violation of Michigan Building Code 2015 section 111.1. However, the Hearing Officer arbitrarily applied MCL 125.1513 in order to support a denial of appeal and did not review the facts of the Appellant's matter, which does not include MCL 125.1513. IfMCL 125.1513 were to apply, then such statute would favor the Appellant, due to the facts that the Appellant applied for a Certificate of Occupancy on February 9t1i, allowing the City of Lansing the ability to grant a Certificate of Occupancy within 5 days of the applicatio11•· · ,, ( •.. EMERGENCY RULE 19 ,_;,; ····:: ~) t"~I (;I The Hearing Officer states that the Appellant cannot reasonably expect to obtain a Cif¥iof ··' .. -\~ Lansing License when it can't meet the requirements of Emergency Rule 19. Howe'1bf., th~, :-; .. ; ,; ~ :::·1 ... _ Hearing Officer admits that Emergency Rule 19 applies to a State of Michigan Applfoatiot(not the City of Lansing application. The Hearing Officer arbitrarily assumes that the Appellant cannot comply with the Emergency Rule 19, when the Appellant applies for a State of Michigan 6 -121- Medical Marihuana license. Such assumption, is not factual. Specifically, since, in this matter, the Appellant has applied for a Certificate of Occupancy. CITY OF LANSING ORDINANCE 1217 §1300 The Hearing Officer stated the City of Lansing Ordinance 1217 §1300(5) (e) and (2)(d), however, but failed to apply them to its denial. Pursuant to 1300.5(e), an application shall not be approved unless the proposed location is inspected by Fire and Building and Safety Departments for compliance. Here, the City of Lansing did not attempt to inspect the Appellant's location, despite the Appellant's application for a Certificate of Occupancy. Additionally, the Fire and Building and Safety Departments cannot inspect applications of proposed locations that are not built or abandoned, and if the City of Lansing grants an exemption for those proposed locations, such action is, on its face, arbitrary and capricious, and would clearly be an abuse of discretion against the Appellant. The Hearing Officer states that the Appellant has not explained why the applicant's 2016 building permit expired and did not secured a Certificate of Occupancy since early 2017. The Hearing Officer arbitrarily ignored the facts that the Appellant was not the holder of the 2016 building permit. Mr. Dickens was the holder of the building permit and he failed to secure the Certificate of Occupancy. Moreover, once the Appellant was notified of the lack of Certificate of Occupancy, the Appellant promptly submitted the application for a Certificate of Occupancy, which allowed for a Fire and Building and Safety Departments inspection. Therefore, the Hearing Officer's arbitrary application of §1300.5 (e) does not apply to Appellant. -122- ' _.._ ... ·~> !.=:J i ;; C .'.:) I".) ()I i" .) .····' C.J'i ... ·· •. J ··~ ····• !7·"; MCL 111.1 The Hearing Officer arbitrarily dictates that occupancy precedes application. Pursuant to MCL 111.1 and Emergency Rule 9, a Certificate of Occupancy is required to comply with the rules of operation and occupying a structure in the State of Michigan. However, according to the City of Lansing arbitrary actions of exempting buildings that haven't been constructed or abandoned buildings, occupancy obviously does not precede an application. In other words, an individual or entity is allowed to apply for a City of Lansing license without occupancy, such opportunity should be afforded to the Appellant. Here, the facts show that the Appellant was not aware that Mr. Dickens fail to secure a Certificate of Occupancy, and promptly "attempted to address the deficiency" as the City of Lansing's February 2nd letter demanded. And, the Appellant's application should not be arbitrarily denied until the Appellant has the official occupancy and operation of the proposed location. CONCLUSION ·~·· .. 1:. :.:::::i ;:_-··.: r··.; c·:; (JI The Hearing Officer's arbitrary and capricious reasoning to deny Appellant's dciil;al ::? ..... _) r··~-, ... should be reversed. The Hearing Officer ignored the facts of which the Appellant was fa~el·:? .. C.~·' ;::-: ~~ with in this matter. The City of Lansing issued the Appellant a letter of recommendation. for denial for lack of Certificate of Occupancy and that the Appellant was to "address the deficiency". Upon notice of the lack of Certificate of Occupancy, Appellant promptly, in the words of the Hearing Officer, "made attempts to address the deficiency". The Hearing Officer's attempt to apply rules and statutes that were not relevant to the City Clerk's recommendation for denial letter is clearly arbitrary and capricious. The Appellant complied with the language of the City of Lansing Ordinance 1217 § 1300, and when notified of a deficiency, promptly addressed them. To arbitrarily apply ancillary rules and statutes to the Appellant's matter, and not adhere 8 -123- to the applicable facts, is clearly an abuse of discretion. Appellant's denial of its application for a City of Lansing medical marihuana license should be reversed. Respectfully submitted, Date: May 25, 2018 r ., ... -.--.,;:, ---c.=1 :-.:.·:l c ,·) .. ·-··· .... _ .. , ___ J .-··· .. _ . .. -· -;··r ·.! r.:·:: f'\) (----~ ,_ ' (Yi r·-c-· ; I I ..... ;._; ~-_,~-----~ f"~! .. ] (''') i ··--C.) ~ ' i-i-j .. .. ... ( ... • } l -· 9 -124- i (CCE~ ! \/E·u ADDENDUM TO COMMISSION APPEAL BRIE1:11JiUf:/i ir? l r1/'J !: :.:-i . . .._, I On February 2, 2018, the Lansing City Clerk sent CapCity Medication Station k fafi~:if ~tciti£g7ih'aC !_[{(':; their application for a City of Lansing medical marihuana license was recommended for denial by the Building and Safety Department. The reason was because the "structure lacks a valid Certificate of Occupancy as a retail (group M) use and not alterations or obtaining a change of use group permit is indicated on the application". In prompt response, CapCity Medication Station submitted a building permit application and additional documents to secure a Certificate of Occupancy to the Building and Safety Department. A few days following, CapCity Medication Station, received a letter of denial for their medical marihuana license. Clearly, the City Clerk ignored CapCity Medication Station's attempt to secure the certificate of occupancy. CapCity Mediation Station argues that 10 days was not a reasonable amount of time for them to secure a valid certificate of occupancy. In this matter, upon receipt of the City of Lansing's February 2nd letter, CapCity Medication Station immediately applied for a Building Permit in order to secure the certificate of occupancy. If a building permit, a site plan review, and inspections were needed by the Fire and Building and Safety departments, then it would be unreasonable to require an applicant to secure a certificate of occupancy within 10 business days. Therefore, CapCity Medication Station could not have complied with the City Clerk's February 2nd letter, and their application was unfairly denied. APPLICABLE FACTS In August 2016 a permit was issued by the City of Lansing to 3301 Capital City Blvd. In 2016, the applicant for the Site Plan Review and Building Permit applications was Jamaine Dickens. The permit was issued on August 2016 with conditions, however, the permit expired before those conditions were met, the Building and Safety Department did not insjieaCt&e,prldrhises~~an~hM.r. Dickens was not granted a certificate of occupation and change of us~ ~qqe. f. Mo'fty~~ ~pfl.ity 1 -125- Medication Station, the applicant for the City of Lansing's medical marihuftn~ ~~~Gfl~er 'f-~i n~! 57 the building permit holder nor the occupant, and should not be responsibl~ fo.r, fy1r,);:>i.c;kp:1.s '~ 1 c 1.,,; ~ ;~-~~ : < ,~: i : '. Ci t..) J l i i._, '.-L .. 1 \ ~ -. failure. CapCity Medication Station was not aware that Mr. Dickens failed to secure the Certificate of Occupancy. CapCity Medication Station's application for a City of Lansing medical marihuana provisioning center should not be denied, without being allowed the opportunity to apply for a certificate of occupancy for which CapCity Medication Station had applied. The February 2nd letter to CapCity Medication Station requested that CapCity Medication Station address the deficiency within 10 business days. CapCity Medication Station responded by submitting facility plans with the change of use, an application for a Site Plan Review, a Building Permit for change of use, and a Registered Design Professional Form within the 10 days. The City of Lansing promptly denied CapCity Medication Station's application, disregarding CapCity Medication Station's efforts to address the deficiency. CapCity Medication Station application should not be denied without being allowed an opportunity to apply and secure a certificate of occupation, which the February 2nd letter demands. LANSING CITY ORDINANCE 1217 § 1300 According to City of Lansing Ordinance No. 1217, there is no language that an applicant for a City of Lansing medical marihuana license is required to secure a "valid certificate of occupancy." The ordinance speaks to ownership, location, zoning, and operational requirements, but there is no language regarding a certificate of occupancy. Pursuant to the City of Lansing Ordinance 1217, §1300.S(E), "No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. -126- 2 Z []I 0 f ;/~ ~/ 3 i c~ ;· .. 7 ' • c 0 Here, the City of Lansing may argue that since to Mr. Dickens failed to complet,e .~he conditiJris 1 • .J 0 of the original building permit, and that 3301 Capital City was not in complia~-~~,~~t~11r~~1tir~C:i .. E.°ff{ rules of the Fire and Building and Safety departments. Pursuant to § 1300.S(E), no application shall be approved without an inspection of the proposed location for compliance. However, it doesn't state that an application shall be denied prior to inspection. Furthermore, here, the applicant should have been given a reasonable amount ohime to bring the location into compliance. In this matter, once the applicant was notified that the location was not in compliance, a building permit application and a site plan review application were submitted for a Certificate of Occupancy in order to bring the location into compliance. If the location was needing an inspection, then the City of Lansing did not allow reasonable time, 10 business days, so that CapCity Medication Station could be inspected. Furthermore, the City of Lansing did not give CapCity Medication Station any notice whether its building permit and site plan reviews were processed, approved, or denied, before they were unfairly denied. In the City of Lansing's Hearing Officer's denial, the Hearing Officer argued that CapCity Medication Station has not demonstrated compliance by to not securing a Certificate of Occupancy. The Officer continued, stating that M CL § 125 .1513 requires that a city must issue the certificate, if entitled, within 5 days making the 10-day limit sufficient to have a permit application issued. The Hearing Officer then stated that CapCity Medication Station made an effort to address the deficiencies, however, they were not in compliance since their 2017 building permit expiration. CapCity Medication Station argued that Lansing Ordinance 1217 § 1300.5(E) does not state whether an applicant's location is to be inspected prior to an applicant submitting an application. Nor, does it state whether an applicant must secure a certificate of occupancy. § l 300.5(E) states that no application shall be approved unless the City of Lansing's Fire Department and Building and Safety office inspects the proposed location. 3 -127- Here, after being notified that a certificate of occupancy was required, CapCity Medication Station, submitted an application to secure a Certificate of Occupation, but no City of Lansing department inspected the premises. The City seemed to ignore or disregard CapCity Medication Station's efforts to secure a certificate of occupancy. In the Clerk's response, the Hearing Officer states that CapCity Medication Station is not in compliance and cannot come into compliance. And that CapCity Medication Station did not have a Ce11ificate of Occupancy since 2017 without explaining why it has not been corrected at that time. Here, CapCity Medication Station's application was denied prior to any inspection by the Fire Department and Building and Safety. §1300.5(E), is unclear whether an applicant must have its location inspected prior to applying for a City of Lansing medical marihuana license. Hypothetically, can the Fire and Safety Departments inspect a location that isn't built yet, for which the City of Lansing has received numerous medical marihuana license applications? Are all of those applications being denied? It is unclear whether § 1300.5(E) intended to deny all applications for locations that have not yet been built. The Fire Department and Building and Safety departments cannot inspect those locations. Therefore, those applicants are not in compliance. As stated, CapCity Medication Station's application was denied prior to any inspection and prior to being given a reasonable amount of time. Thus, a lack of inspection should not automatically trigger a license application denial for the lack of a certificate of occupancy. MICHIGAN BUILDING CODE 2015 SECTION 111.1 The City of Lansing's February 2nd letter to CapCity Medication Station states that the structure lacks a valid certificate of occupancy which is a violation of the Michigan Building Code 2015 section 111.1. However, the City of Lansing Ordinance 1217 does not speak to Michigan Building Code 2015 at all. MCL 111.1 -128- 4 111.1. Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. As stated above, the Lansing Ordinance 121 7 does not speak to the Michigan Building Code. Michigan Code Section 111.1 applies to all building occupants. As it relates to facilities that have not been built yet, those locations are not occupied, therefore a certificate of occupancy could not be secured. Based on the Building and Safety's statement that CapCity Medication Station was in violation of MCL 111.1, then all of those applicants are in violation of Michigan Building Code Section 111.1. Are they precluded from applying for a City of Lansing medical marihuana license? Are all of those applications being denied? Is that the intent the City of Lansing Ordinance 1217? Is an applicant required to occupy and secure a certificate of occupancy, pursuant to Michigan Code Section 111. l in order to apply for a City of Lansing medical marihuana license? If that is the intent of the language of City of Lansing Ordinance 1217, then such intention is not clear. The City Clerk's February 2nd letter recommended a denial to CapCity Medication Station because: "The structure lacks a valid Certificate of Occupancy as a retail (group M) use and no alterations or obtaining a change of use group permit is indicated on the application. This is in violation of Michigan Building Code 2015 section 111.1 ... If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied". As stated above, CapCity Medication Station promptly addressed the deficiency, as noted in the February 2nd letter, by submitting building permit and site plan review applications to secure a certificate of occupancy. As previously argued, the language of the City of Lansing Ordinance failed to state that a certificate of occupancy was required prior to CapCity Medication Station applying for a medical marihuana license. Nonetheless, the February 2nd letter says, "address the deficiency". The February 2nd letter shout<tljr~v;e:by_ep! ele<aryr~in ·Hs·meaning of addressing the deficiency, other than for CapCity •.• -._., • 1. ••.••• :_' :._, • •• ;; ·;: •.). ~ ') ) Medi~~~? 1~fiopSo).~P;Y~ {fr a certificate of occupancy in order to comply with the Michigan -129- 5 Building Code Section 111.1. The Clerk's Hearing Officer stated that the appellant made an effort to address the deficiencies. The February 2nd letter stated that the lack of the applicant's valid Certificate of Occupancy is in violation of the Michigan Code 2015 Section 111.1. However, there is no reference to Michigan Code 2015 Section 111.1 language in the Lansing Ordinance 1217. There are no citations within the ordinance that lead an applicant to refer to Michigan Code 2015. The City Clerk's Hearing Officer did not include MCL 111 .1 in its response to CapCity Medication Station's appeal. The Lansing Ordinance 1217, Sections 1300.1 and 1300.2 gives the Medical Marihuana Facilities Act (Public Act 281) and the 2008 Medical Marihuana Act legal precedence to definitions and meanings over Lansing's Ordinance 1217. In such, Public Act 281, Section 333.27206 "New Rules" states that, "The department, in consultation with the board, shall promulgate rules and emergency rules as necessary to implement, administer, and enforce this act". Consequently, the Michigan License and Regulatory Affairs (LARA) department in consultations with the Michigan Medical Marihuana board issued emergency rules (BMMR Emergency Rules). Pursuant to the BMMR Emergency Rule 26(3 ), "An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy being issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply: (a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and the.se rules. The issuance, enforcement, and inspection of building permits under this act may remain with the governmental entity havingjurisdiction under 1972 PA 230, MCL 125.1501 to 12 5 . 1 5 3 1. . '· . ' '-; -·: .... '· ' 1 ·~ ' . ' . ,-. " . -- (b) An applicant or licensee shall obtain a building permit for a charig~'iko~c~~a!lc{rJ~<'i 'J 1 an exis~ing ~uilding to be utilized as a proposed marihuana facility o cr:!f'l~1h9~ria f~~F~),'j a: 0~ as provided m the act and these rules. 6 -130- CapCity Medication Station submits that Emergency Rule (26) confirms a requirement to secure a certificate of occupancy for a marihuana facility. But, Rule (26) specifically states that "an applicant or licensee shall not "operate" a marihuana facility unless a permanent certificate of occupancy has been issued. It is clear that the Emergency Rules do not preclude an applicant from applying for a medical marihuana facility license prior to securing a certificate of occupancy until operation. Therefore, Emergency Rule (26) does not preclude CapCity Medication Station from applying for a medical marihuana license; they may not "operate" a marihuana facility without the certificate of occupancy. The Hearing Officer did not refer to The Lansing Ordinance 1217, Sections 1300.1 and 1300.2, or Emergency Rule (26). The Hearing Officer briefly refened to Emergency Rule (9), stating that "license applicants in Michigan are required to have a valid certificate of occupancy. The Hearing Officer's claims that the Appellant would not be able to comply with the State of Michigan license application, since, the Appellant isn't in compliance with Lansing's Ordinance. But, the Hearing Officer admits that the Appellant is not applying for a State license in this matter. Therefore, the Emergency Rules do not apply to a Lansing application. Additionally, the Hearing Officer stated that the Appellant was not in compliance "at this time". Whereas, if the CapCity Medication Station were given ample time to secure the Certificate of Occupancy, they could have been in compliance. CONCLUSION CapCity Medication Station is committed to the City of Lansing. They chose to make an investment in Lansing with jobs, taxes and property improvements. CapCity Medication Station brings over 10 years of experience in the Medical Marihuana industry from Colorado and Washington. In conclusion, the City of Lansing's denial of CapCity Medication Station medi'cal marihuana license was arbitrary and capricious. (See Attached Brief). CapCity Medication Station should ! :1 ,~-;,-! 1 '. --, ......... l , •• ·~· have been given the opportunity to secure the Certificate of Oc'cupahey~'-. -The ordhian<ieidoes not state that a certificate of occupancy is required prior to applying'.forl a City <i>f::U~fi~iP,g!Piedical 7 -131- marihuana license. If the ordinance's intent was for all applicants to secure a certificate of occupancy, then all of the applicants whose location has not been built should be denied. Upon receipt of the February 2nd letter, CapCity Medication Station promptly addressed the deficiency and applied to secure a valid certificate of occupancy. The Hearing Officer admits to this evidence in its response. On these grounds, CapCity Medication Station's appeal to the City of Lansing's denial of the application should have been granted. 8 -132- CITY OF LANSING MEDICAL MARIHUANA COMMISSION APPEALS FOR MEDICAL MARIHUANA FACILITIES LICENSE CAPCITY MEDICATION STATION Appellant, v. CITY OF LANSING, CITY CLERK Appellee. Rico D. Neal (P69744) Attorney for Appellant 2875 Northwind Drive East Lansing, MI 48823 (517) 290-5753 APPELLANTS MOVES TO APPEAL A DENIAL OF MEDICAL MARIHUANA APPLICATION PURSUANT TO THE CITY OF LANSING ORDINANCE, CHAPTER 1300.15 (C) Appellant, Kim Gaetano aka CapCity Medication Station, by and through attorney, Rico Neal, hereby appeals to the City of Lansing Medical Marihuana Commission pursuant to the City of Lansing Ordinance Chapter 13 00. 15 ( c) h .~ • j 1 l ) r t_~ ::J • ~ , : -i I . . i : . I ' ~ l (" ' ~ . •.) c /. (,.; i v i /J~ -133- 1 ADMINISTRATIVE HISTORY Appellant applied for a City of Lansing Medical Marihuana Facility license with the City of Lansing. The Clerk for the City of Lansing denied Appellant's application for failure of securing a Certificate of Occupancy. Pursuant to the City of Lansing Ordinance Chapter 1300.15 (C), Appellant submitted a Clerk Appeal, (Exhibit A) for a reversal of the denial. Upon review of the Clerk's designated Hearing Officer, the Appellant's appeal was denied. Here, the Appellant pursues her rights for an appeal to be heard and reviewed by the City of Lansing Medical Marihuana Commission. The Appellant moves to have her appeal granted due to the Clerk's arbitrary and capricious denial. FACTS In August 2016 a building permit was issued by the City of Lansing (Exhibit B) to 3301 Capital City Blvd. The applicant of the Site Plan Review and Building Permit applications was Jamaine Dickens (Exhibit C, D, E). The permit was issued on August 2016 with construction conditions. However, the permit expired before those conditions were met, the Building and Safety Department did not inspect the premises, and Mr. Dickens was not granted a certificate of occupation and change of use code. Appellant, the applicant for the City of Lansing's medical marihuana license, was not the building permit holder and should not be responsible for Mr. Dickens's failure. She was not aware that Mr. Dickens failed to secure the Certificate of Occupancy. Appellant's application for a City of Lansing medical marihuana license should not have been denied, without allowing the Appellant an opportunity to secure a certificate of occupancy of which she has applied for. Appellant's representative submitted a building permit application to the.:BU:il'ding and:.Sa$(y\···; r {'· · ; ~. '. i , i"; , ~--~= ! ;o I c ~. Department, which were refused by Building and Safety. Because of trre"refusa!Jto laeoept<t<iMll 2 -134- documents, they were sent via email on February 9th (Exhibit F). Appellant's representative contacted Building and Safety via phone for any instructions, which was not responded to. On February 16th, Appellant's representative took additional action by submitting a building permit application, a site plan review application and a registered design professional form, and revised facility plan drawings to "address" the deficiency, via email, as the City Clerk letter required. After several more attempts to submit the documents for the Certificate of Occupancy, Building and Safety accepted hard copy documents on March 7, 2018. In summary, the City of Lansing's Clerk's office received, via email and hard copies February 9th and February 161h of2018. The Appellant took appropriate action to secure a Certificate of Occupancy within the required 10 days . On Wednesday February 21 5\ Appellant received the letter for denial. It is clear that the City Clerk's office ignored Appellant's Building and Safety applications to address the deficiency for lack of certificate of occupancy, consequently Appellant's application was denied. ST AND ARD OF REVIEW Pursuant to Administrative Procedure Act 5 U.S.C. § 706(2)(A) (2) hold unlawful and set aside agency action, findings, and conclusions found to be - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; RELEVANT LAWS MCL 125.1513 125 .1513 Certificate of use and occupancy; issuance; contents; application; fee; temporary certificate; notice of final inspection. A building or structure hereafter constructed shall not be used or occupied in whole or in part until a certificate of use and occupancy has been issued by the appropriate enforcing agency. . . . A certificate of use and occupancy sh al 1 be issued by'. tb]-e!jf9·~9_i~g ~ge,ncy ,,_ i -1 when the work covered by a building permit has been completeg.L~ a.cc~.rdance -~iith 'the ' permit, the code and other applicable laws and ordinances .... Wh~ri Ia ollildihg 9t'!I i! i oz 3 -135- structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor on a form to be prescribed by the enforcing agency and payment of the fee to be established by it. Emergency Rule 9(5)(a) ( 5) An applicant shall submit proof to the department of the following: (a) A ceriificate of use and occupancy as required pursuant to section 13 of I 972 PA 230, MCL 125 .1513 and these rules. City of Lansing Ordinance 1217, §1300.5(E), "No application shall be approved unless:" (1) The Fire Department and Building and Safety office have inspected the proposed location for compliance with all laws for which they are charged with enforcement and for compliance with requirements of this chapter. City of Lansing Ordinance 1217, §1300.2(D), All activities related to medical marihuana, including those related to a medical marihuana provisioning center, a medical marihuana grower facility, a medical marihuana secure transporter, a medical marihuana processor or a medical marihuana safety compliance facility shall be in compliance with the rules of the Medical Marihuana Licensing Board, the rules of the Michigan Department of Licensing and Regulatory Affairs, or any successor agency, the rules and regulations of the City, the MMMA, MMFLA and the MT A. MCL 111.1 111.1. Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing occupancy classification of a building or structure or portion thereof shall not be made until a certificate of occupancy has been issued in accordance with the act. -136- SUMMARY OF ARGUMENT Appellant, aka CapCity Medication Station, (Appellant), argues that the City of Lansing's Hearing Officer's denial (Exhibit G) of the Clerk Appeal was arbitrary and capricious. The Hearing Officer refers to inapplicable sections of the Chapter 1300 of the City Medical Marihuana Facility Ordinance, and arbitrarily applies ancillary State of Michigan Statutes in its reasoning to uphold the Clerk's denial of the Appellant's application. Here, the Appellant complied with the language of the City of Lansing Ordinance 1217 Chapter 1300's language, when she applied for a medical marihuana facility license, and attempted to address the deficiencies required in the City of Lansing's February 2nd letter, (Exhibit H) for recommendation of denial. The Hearing Officer arbitrarily applies statutes and rules that Chapter 13 00 does not express; and ignored the expressed language in the City of Lansing's Letter recommending for denial. In other words, the Hearing Officer's reasoning was not based on the facts and evidence relevant to the City of Lansing's stated reasons for denial. Additionally, the Hearing Officer specifically states that, "The Appellant made attempts to address the deficiency"; and even if the Appellant isn't in compliance, she then states that the Appellant is not in compliance "at this time". Here, the Appellant "made attempts to address the deficiency", by applying for a Certificate of Occupancy. Moreover, the City of Lansing's Clerk's recommendation for denial letter states, "address this deficiency", which the Hearing Officer expressly admits. Plus, had the City of Lansing accepted the Appellant's building permit and change of use application, the Appellant could be in compliance. DISCUSSION Pursuant to Natural Resources. v. US., 966 F.2d 1292, 97, (9th Cir.'92), ai:biqar;Y, ~q !0~pricjal,ls , .. , " 0 ..... .... ' ·'" ·' •• • '-I •; -'; ! i '·:: i • ! \! ~ is defined as, absence of a rational connection between the facts found ancftliG ~hQ'i.¢e $1~g~l'.·J;) j JZ 5 -137- Additionally, an agency decision may be set aside if the decision is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, Id 5 U.S.C. § 706(2)(A). Here, the Hearing Officer's initial reasoning applied MCL 125.1513, stating that the Appellant must secure a Certificate of Occupancy in order to be in compliance for a Lansing Medical Marihuana facility license. According to the facts, MCL 125 .1513 was not stated in the Lansing Ordinance 1217 § 1300. Furthermore, the City of Lansing's February 2"d letter of recommendation for denial, did not state or refer to MCL 125 .1513. The Hearing Officer abused its discretion by referring to this ancillary state rule, for which the Appellant was not being held to, according to the facts. Here the facts reveal that the City of Lansing's Clerk's letter ofrecommendation for denial, stated that the Appellant was in violation of Michigan Building Code 2015 section 111.1. However, the Hearing Officer arbitrarily applied MCL 125 .1513 in order to support a denial of appeal and did not review the facts of the Appellant's matter, which does not include MCL 125.1513. IfMCL 125.1513 were to apply, then such statute would favor the Appellant, due to the facts that the Appellant applied for a Certificate of Occupancy on February 9th, allowing the City of Lansing the ability to grant a Certificate of Occupancy within 5 days of the application. EMERGENCY RULE 19 The Hearing Officer states that the Appellant cannot reasonably expect to obtain a City of Lansing License when it can't meet the requirements of Emergency Rule 19. However, the Hearing Officer admits that Emergency Rule 19 applies to a State of Michigan Application, not the City of Lansing application. The Hearing Officer arbitrarily as.s~j@¢"$~h~t}?.S '¥PreH?W .. i cannot comply with the Emergency Rule 19, when the Appellant ~plrds fch]a ~~t,~:pJM,9higan • • '-' I •J \1 -138- 6 Medical Marihuana license. Such assumption, is not factual. Specifically, since, in this matter, the Appellant has applied for a Certificate of Occupancy. CITY OF LANSING ORDINANCE 1217 §1300 The Hearing Officer stated the City of Lansing Ordinance 1217 §1300(5) (e) and (2)(d), however, but failed to apply them to its denial. Pursuant to 1300.5(e), an application shall not be approved unless the proposed location is inspected by Fire and Building and Safety Departments for compliance. Here, the City of Lansing did not attempt to inspect the Appellant's location, despite the Appellant's application for a Certificate of Occupancy. Additionally, the Fire and Building and Safety Depaiiments cannot inspect applications of proposed locations that are not built or abandoned, and if the City of Lansing grants an exemption for those proposed locations, such action is, on its face, arbitrary and capricious, and would clearly be an abuse of discretion against the Appellant. The Hearing Officer states that the Appellant has not explained why the applicant's 2016 building permit expired and did not secured a Certificate of Occupancy since early 2017. The Hearing Officer arbitrarily ignored the facts that the Appellant was not the holder of the 2016 building permit. Mr. Dickens was the holder of the building permit and he failed to secure the Certificate of Occupancy. Moreover, once the Appellant was notified of the lack of Certificate of Occupancy, the Appellant promptly submitted the application for a Certificate of Occupancy, which allowed for a Fire and Building and Safety Departments inspection. Therefore, the Hearing Officer's arbitrary application of§ 1300.5 (e) does not apply to Appellant. 7 -139- MCL 111.1 The Hearing Officer arbitrarily dictates that occupancy precedes application. Pursuant to MCL 111.1 and Emergency Rule 9, a Certificate of Occupancy is required to comply with the rules of operation and occupying a structure in the State of Michigan. However, according to the City of Lansing arbitrary actions of exempting buildings that haven't been constructed or abandoned buildings, occupancy obviously does not precede an application. In other words, an individual or entity is allowed to apply for a City of Lansing license without occupancy, such opportunity should be afforded to the Appellant. Here, the facts show that the Appellant was not aware that Mr. Dickens fail to secure a Certificate of Occupancy, and promptly "attempted to address the deficiency" as the City of Lansing's February 2nd letter demanded. And, the Appellant's application should not be arbitrarily denied until the Appellant has the official occupancy and operation of the proposed location. CONCLUSION The Hearing Officer's arbitrary and capricious reasoning to deny Appellant's denial should be reversed. The Hearing Officer ignored the facts of which the Appellant was faced with in this matter. The City of Lansing issued the Appellant a letter of recommendation for denial for lack of Certificate of Occupancy and that the Appellant was to "address the deficiency". Upon notice of the lack of Certificate of Occupancy, Appellant promptly, in the words of the Hearing Officer, "made attempts to address the deficiency". The Hearing Officer's attempt to apply rules and statutes that were not relevant to the City Clerk's recommendation for denial letter is clearly arbitrary and capricious. The Appellant complied with the language of the City of Lansing Ordinance 1217 § 1300, and when notified of a deficietJ'q:Y:ilP.(9n1P.~~y:;a:4~r;~$~~9-·i them. To arbitrarily apply ancillary rules and statutes to the Appellant'£thatter;1ahdlrfi>t\adh~teZ 8 -140- to the applicable facts, is clearly an abuse of discretion. Appellant's denial of its application for a City of Lansing medical marihuana license should be reversed. Respectfully submitted, Date: May 25 , 2018 Rico D. Neal (P69744) 9 -141- Timeline Great Lakes Wellness Solutions 3405 North East Street Lansing, Michigan 48906 December 15, 2017 -Application submitted with Sanitation & Waste Disposal ..... 1 December 21, 2017-Department Review of Applications Begins February 3, 2018 -Building Safety Denial -Sanitation & Waste Disposal Plan ....... 5 February 5, 2018 -Denial Letter sent from Office of Clerk ......................................... 6 February 10, 2018 -Statement of Correction submitted by applicant ...................... 8 March 10, 2018 -Building Safety Denial of submitted correction ........................... 57 March 15, 2018 -Second Denial Letter sent from Office of Clerk ........................... 58 March 29, 2018 -Appeal submitted ............................................................................. 61 April 10, 2018 -Building Safety Denial Explanation ................................................... 72 April 19, 2018 -Appeal to Hearing Officer May 2, 2018 -Hearing Officer Denial Letter ................................................................ 74 May 31, 2018-Commission Appeal submitted ......................................................... 78 7 grams (Y-i oz) 14 grams (Yi oz) 28 grams (Full oz) ·n . ; r· --tt+ e_,_,, 0 Bulk medicine will be bagged and labeled for record keeping. The labels will include the M.T Freeway Batch Number to view Vendor information. As medicine is distributed from the bulk packaging, our inventory control system powered by MJ Freeway, will update current batch quantities/keep record of our transactions. MMJ MUST NEVER BE STORED WITH FLAMMABLE OR HARMFUL CHEMICALS/MATERIALS. The MJ Freeway generates a label for our patients' medications and will be on front of the packaging. Labeling will include the official Michigan Department of LARA warning labels to avoid the potential of any unlawful use or access by children as well as the patients con-esponding database patient profile number, their state issued Qualifying Patient Registry Identification Number, and the batch number of the marijuana purchased, the amount, the strain, the date of harvest and the date of purchase. Labels will include: • facility Registration ID# • Amount/Strain and batch # of MMJ • LARA Warning Statement • If not cultivated by the facility, the label will designate by which grower it was cultivated. • Date of manufactme, harvest, or sale. • List of chemical additives, non organic pesticides, herbicides, and fertilizers used in cultivation/production. • The acceptance or denial of Education Materials (denied or accepted) • Registry ID of the receiving Patient and/or designated caregiver. It is always priority to utilize MJ Freeway automated receipts and labels alld all transactions must he conducted via secure electronic device BY THE SELLER or via telephone by another Agent. If the Agent cannot run the Michigan Department of LARA system, YOU CANNOT COMPLETE THE TRANSACT/ON. If another Agent records the transaction in 11Jic/zigan Department of LARA 011 your helzalf, you'll he required to note tlzis on tlze respective trip plan. " 7. Sanitation Plan, Proper Storage awl Safety in the Facility -1300.5(18) (a) A grower/processor/provision facility shall maintain its facility in a.sanitary condition to limit the potential for contamination or adulteration of the medical marijuana grown, processed, or dispensed in the facility. The following apply: (i) Equipment and surfaces, including floors, counters, walls and ceilings, shall be cleaned and sanitized as frequently as necessary to protect against contamination, using a sanitizing agent registered by the United States Environmental Protection Agency, in accordance with the instructions printed on the label. Equipment and utensils shall be so designed and of such material and workmanship as to be capable of being adequately -1 -23GLWS Basic Storage and Access Requirements 1300.9 (F) (G) The following basic storage requirements apply to all hazardous chemicals including medical marUuana. Storage Area Requirements: ../ All activity related to the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility shall be done indoors . ../All storage of medical marijuana shall be out of the view of the public and in locked, vaults and safes with a minimum fire rating of 1-hour. Vaults and safes will be located in designated storage areas only accessible by the facilities qualified and registered employees and only after gaining authorized key agreements for specified personnel. ../ 1300.9 (F) All Medical Marihuana Storage areas within the provision center must be separated from any customer/patient areas by a PERMANENT BARRIER. Unless pe1mitted by the mmma, no medical marihuana is pe1mitted to be stored in an area accessible by the general public or registered customers/patients. Medical marihuana MAY BE displayed in a sales area ONLY if pe1mitted by the MMFLA. PUBLIC OR COMMON AREAS OF THE MEDICAL MARIJUANA provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from restricted or non-public areas of the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility by a PERMANENT BARRIER. NO medical marijuana is permitted to be stored, displayed, or transforred in an area accessible to the general public . ../ ALL medical marijuana storage areas within the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from any customer/patient areas by a permanent barrier. Unless permitted by the mmfla, no medical marijuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Medical Marijuana may be displayed in a sales area only if permitted by the mmfla and local gov't agency . ../1300.9 (G) Any usable medical marijuana remaining on the premises of a medical marijuana provisioning center, grower, processor, safoty compliance facility, and/or secure transporter facility, while the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility is not in operation shall be secured in a safe permanently affixed to the premise . ../ All storage areas will have designated signs indicating the limited access to specified facility agents only . ../ The dispensing floor will only be accessible by patients upon after completion of a registered patient profile under the facilities patient management system gathering all required data but not limited to: A photocopy of the patients Registry Identification Cards name, address, and date of birth of the qualifying patient: name, address, and date of birth of the primaiy caregiver, if any, of the qualifying patient; date of issuance and expiration date of the registiy identification card; a random identification number; A photograph, if the department requires one by rule; and a clear designation showing whether the primary caregiver or the qualit)'ing patient will be allowed under state law· to possess the marijuana plants (determined based solely on the qualifying patient's preference). -2-25GLWS ensuring that all chemicals are stored and handled in the safest and most secure way possible. IMPLEMENTATION: BEFORE YOU START: TRAINING AND INFORMATION A staff member must undertake training in: First aid Safety procedures in case of accidents . Posters about the use of chemicals should be placed on the walls where chemicals are stored and decanted in order to educate staff and visitors to the Service. REMEMBER: All potentially dangerous products must be clearly labelled and stored independently of all medication -Put a dangerous goods label on containers that require them. -Storage areas must be clearly labelled. -No chemicals are to be stored on the floor. -Store containers at a height that makes them easily accessible for decanting, but not so high that they pose a risk when they are lifted down. Wherever possible use non-hazardous products in preference to hazardous products eg use a non-toxic sanitation cleaner rather than a toxic cleaner like bleach. It is important to discuss the dangers of certain products. NEVER: Store chemicals, in a soft drink bottle or other food or drink container. Mix chemicals. All preparation is to take place in a specific preparation area separated by barrier from public access areas. IF AN ACCIDENT HAPPENS IF A SPILLAGE ACCIDENT OCCURS FOLLOW THE CLEAN UP AND FIRST AID PROCEDURES ON THE MSDS IF A PATIENT OR WORKER INGESTS ANY CHEMICAL CALL THE POISONS INFORMATION SERVICE CALL 13 11 26 COMPLETE AN "Incident and Accident Record Fonn" BE INFORMED ALL EMPLOYEES NEED TO BE FAMILIAR WITH THE CHEMICAL PRODUCTS USED IN THE SERVICE: This is because many of the seemingly harmless items found in every service are potentially dangerous particularly when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also bum the skin and seriously damage the eyes. Dishwasher detergent is a corrosive and hazardous chemical. Stove cleaner is highly toxic. -3-27GLWS • All Medical Marijuana Equipment including scales and surfaces must be cleaned daily. • All trucks, trays, buckets, other receptacles, platforms, racks, tables, shelves, knives, saws, cleavers, other utensils, or the machinery used in moving, handling, cutting, chopping, mixing, canning, packaging or other processes are cleaned daily. • All stored edible food products must be securely covered. • When handling MMJ and or/infusing products Agents must wear sanitary Gloves, keep fingernails trimmed and free of polish or chemicals, wears clean and protective clothing. • If you ever see that MMJ has been contaminated, please advise the Medical Director and dispose of material if necessary • Wash again after touching body parts other than clean hands/exposed arms Chemicals Great Lakes Wellness Solutions will implement an all "green cleaning" method in which all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the Green Buy Award Program . However, treat all of them with extreme caution. Employees are familiarized with chemicals, their labels, and their uses. Chemicals are stored in a cool, dry, dark, locked storage cabinets in designated storage rooms. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. List of all Chemicals to be used in Provisioning Center: 1. lsopropyl Alcohol 2. Chemicals which have "LOW voe or NO VOC": Products certified and labeled by United States Environmental Protection Agency (EPA) labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatile organic compounds or none at all. 3. Antibacterial/ Sanitation Wipes 4. Bleach 5. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures only. Know where the water source, MSDS notebook, and first aid kit are located. If in doubt, ask the supervisor. No smoking in or around when chemicals are stored, mixed, or used. No eating in or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, in a container, or bag. 8. Audits -4-29GLWS Name of Establishment I Establlshment OBA (If Known) GREAT LAKES WELLNESS SOLUTIONS LLC Establishment Address City State 3405 N EAST ST Lan~lng Ml Medical l\ilarihuana Provisioning Center Application OFFICAL USE ONLY February 3, 2018 CONDITIONAL DENIAL Building Review: Conditional Denial -Structure lacks a Marihuana Facility plan in compliance with Emergency Rule 8 (2) items (b), (c), (d), (e), and (f). Please resubmit. Sanitation and Waste Disposal Review: Conditional Denial: The submitted waste disposal plan does not contain sufficient detail to determine compliance with Emergency Rule 36. Please resubmit. James Bennett, C.B:O. Building Safety Office Department of Economic Development and Planning . Page 1of1 -5- ,..., .... Biehler, Deb From: Sent: To: Chris Swope < No-Reply@stamps.com > Monday, February 05, 2018 1:41 PM Biehler, Deb Subject: Chris Swope has sent you a package This message was sent to you at the request of Chris Swope, to notify you that they have shipped a package to you. For details about your shipment or to track your package, please refer to the information below. Shipment Details Shipped To: Superior Wellness & Solutions LLC Great Lakes Wellness Solutions LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 Mailing 2/5/2018 Date: Est. 2 d Delivery: ays Service: Priority Mail (R) Signature: Not Required Tracking: 9405511899560595278495 The shipment information contained in this email is provided by Stamps.com. For questions about this package, please contact Chris Swope or the U.S. Postal Service. .Easily print USPS shipping labels from your PC or Mac. At Stamps.com, 0ur goal is to simplify shipping. so·you can focus on your business. Get started at www.stamps.com . This email has been scanned by the City of Lansing Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com l -6- I I I I February 5, 2018 Great Lakes Wellness Solutions LLC 3334 Rochester Rd #165 Troy, Ml 48083 RE: 3405 N East St Dear Provisioning Center Applicant: Chris Swope Lansing City Clerk This is to advise you that your City of Lansing Medical Marihuana license application has been recommended for denial by the Building Safety Department. The structure lacks a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 8(2) items (b), (c), (d), (e), and (f). Please resubmit. The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36. Please resubmit. A copy of the State of Michigan Emergency Rules can be found at the Licensing and Regulatory Affairs website http://www.michigan.gov/lara/0,4601 .7-154-79571 83994---,00.html or by phone 517-284-8599. If you do not address this deficiency with the City of Lansing within ten (10) business days of the date of this letter, your application will be denied. Please submit the required plan to the Clerk's Office. Please note there are a number of City departmental approvals required. This notice does not indicate that other departments have completed their review of your application. Sincerely, Chris Swope, Master Municipal Clerk Lansing City Clerk Cc: Building Safety Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michi 7 Ave., Lansing, Ml 48933-1695 517-483-4131$5~. ]77-0068 FAX STATEMENT OF CORRECTION Great Lakes Wellness Solutions, LLC 3405 N East Street Lansing, Ml 48906 Chris Swope, Master Municipal Clerk Lansing City Clerk RE: February 5th, 2018 • Marihuana Facility Plan per Emergency Rule 8(2): (b), (c), (d), (e), and (f) • Waste Disposal Plan per Emergency Rule 36 Statement of Correction Marihuana Facility Plan per Emergency Rule 8(2): (b), (c), (d), (e), & (f) MMFLA EMERGENCY RULES 8(2): (b) Date Corrected: 02/10/2018 Great Lakes Wellness Solutions application was reviewed and determined that the structure lacked a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 8(2) items (b) which states, "Diagram of the marihuana facility including, but not limited to, its size and dimensions; specifications; physical address; location of common entryways, doorwars, or passageways; means of public entry or exit; limited-access areas within the marihuana facility; and indication of distinct areas or structures at ta same location as provided for in Rule 24." Great Lakes Wellness Solutions corrected this structure Marihuana Facility Plan per Emergency Rule 8(2): (b) by updating the Site Plan and Floor Plan to indicate the facilities: size and dimensions of each interior room added, 1300.9 G: added Safe, or "Vaults", permanently affixed to the premise, physical address of location added, location of common entryways, doorways, or passageways has been highlighted, means of public entry or exit is called out, limited-access areas are called out, and indications that the structure will not be co-located and will not operate at the same location as a grower or processor or other provision center have been added to the Plan, per Rule 24. (Enclosure/Attachment: Pg. A2.0 & Pg . AS1 .0, 3405 N East St. Lansing, Ml 48906 Updated Site Plan I Floor Plan [See Storage Area in Quonset)) -8- MMFLA EMERGENCY RULES 8(2): (c) Date Corrected: 02/10/2018 Great Lakes Wellness Solutions application was reviewed and determined that the structure lacked a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 8(2) items (c) which states, "Floor plan and layout, including dimensions, maximum storage capabilities, number of rooms, dividing structures, fire walls, and entrances and exits." Great Lakes Wellness Solutions corrected this structure Marihuana Facility Plan per Emergency Rule 8(2): (c) by including dimensions of all interior rooms to the plan, highlighting maximum storage capabilities in the facility, outlining the total number of rooms, dividing structures, firewalls construction rating, and clearly stating all entrances and exits. (Enclosure/Attachment Floor Plan Pg . A2.0 [See "Building Data"]) MMFLA EMERGENCY RULES 8(2): (d) Date Corrected: 02/10/2018 Great Lakes Wellness Solutions application was reviewed and determined that the structure lacked a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 8(2) items (d) which states, "Means of egress, including, but not limited to, delivery and transfer points." Great Lakes Wellness Solutions corrected this structure Marihuana Facility Plan per Emergency Rule 8(2): (d) by creating a separate egress/ingress plan into the facility depicting the public entry and exits for patients into the retail dispensing floor portion of the facility to show transfer points between the provisioning center and the patient. The egress/ingress plan also details the delivery points between business to business, through the Quonset structure portion of the building, through the non-public, limited-access garage bay-doors on the West side of the property. Secure Transport vehicle can enter to deliver or pick up through these bay-doors. (Enclosure/Attachment: Egress Plan Pg . A2.1) MMFLA EMERGENCY RULES 8(2): (e) Date Corrected: 02/10/2018 Great Lakes Wellness Solutions application was reviewed and determined that the structure lacked a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 8(2) items (e) which states, "Construction details for structures and fire-rated construction for required walls." -9- Great Lakes Wellness Solutions corrected this structure Marihuana Facility Plan per Emergency Rule 8(2): (e) by highlighting the construction details and new additions on the plan. See "Building Data" located on the Floor Plan attachment. (Enclosure/Attachment: Floor Plan Pg. A2.0) MMFLA EMERGENCY RULES 8(2): (f) Date Corrected: 02/10/2018 Great Lakes Wellness Solutions application was reviewed and determined that the structure lacked a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 8(2) items (f) which states, "Building structure information, including but not limited to, new, pre-existing, free-standing, or fixed. Building type information, including but not limited to, commercial, warehouse, industrial, retail, converted property, house, building, mercantile building, pole barn, greenhouse, laboratory, or center." Great Lakes Wellness Solutions corrected this structure Marihuana Facility Plan per Emergency Rule 8(2): (f) by stating the structure type, "pre-existing", on the plan, as well as stating the building information, "Quonset I Retail". (Enclosure/Attachment: Floor Plan Pg. A2.0) Statement of Correction Waste Disposal Plan per Emergency Rule 36 Rule 36. Marihuana product destruction and waste management. Date Corrected: 02/10/2018 Great Lakes Wellness Solutions waste disposal plan was reviewed and determined that the waste disposal plan did not contain sufficient detail to determine compliance with the State of Michigan LARA's Emergency Rule 36, which details:"Rule 36. Marihuana product destruction and waste management". Great Lakes Wellness Solutions corrected this by adding Great Lakes Wellness Solutions Waste, Chemical & Plant Waste Disposal Plan amending its Policies and Procedures: D. Inventory Control 333.27207 Thil'd-Party Inventory Control and Tracking System -2. Disposal of Unusable Medical Mflrijuana ( Pg 21-22 of Policies and Procedures) and adding and addressing a Waste Disposal Plan in accordance and compliance with all requirements of Emergency Rule 36. Per LARA. See attached for corrective action, Policies and Procedures, Act 451 Part 111 and training requirements. (Enclosure/Attachment: Great Lakes Wellness Solutions Waste, Chemical & Plant Waste Disposal Plan) -10- (Enclosure/Attachment: Great Lakes Wellness Solutions pages 21-22 of Policies and Procedures detailing Waste Disposal Plan) (Enclosure/Attachment: Great Lakes Wellness Solutions Retail Weekly Disposal Log) (Enclosure/Attachment: Act 451 of 1994 Part 111 .pdf) (Enclosure/Attachment: Michigan DEQ Selecting a Waste Transporter and Treatment, Storage, and Disposal Facility) -11- Great Lakes Wellness Solutions Waste, Chemical & Plant Waste Disposal Plan The waste disposal and chemical disposal and plant waste disposal plan for Great Lakes Wellness Solutions, LLC is as follows. All disposal areas and dumpsters areas shall be enclosed by a decorative brick wall on three sides and a wrought iron gate to provide access by the employees and waste hauler only. This 3 sided brick trash designation area will be built and placed on the property in accordance with local ordinance requirements. The access key to the gate will only be provided to employees after they have been screened and passed by the State Department Background check and approved to work in the medical marihuana licensed program. Dumpsters shall have a private key lock that will provide the key to only managers on site. This key will then only be distributed to lower level employees when required to take out the trash and will immediately return the key to manager on duty. It is a strictly enforced policy that when the trash is taken out by any employee, they are accompanied by another employee. We call this the "Accounta-bili-buddy" system. No trash taken out is ever done alone by one single employee. For safety and precautionary measures from being approached outside of the facility, any waste, chemical or not, all employees are required to obtain a fellow employee to take the trash out. All chemicals will be disposed of properly and according to the Waste, Chemical & Plant Waste Disposal Plan. All waste will be disposed of in a trash receptacle, surrounded by 3 brick walls, and locked behind a wrought iron gate. See Policies and Procedures Pg 21-22 3. Dispos(I/ of U11us(lb/e Medical Marijua11(1 (J11ve11t01y Control Refotive Details) Documentation of the disposal of medical marihuana will be recorded in the statewide monitoring system "METRC'" and recorded within the Companies Seed-to-Sale software "MJFree;vay•· as well as kept via our cloud serviced -MMJ Disposal form (found on google drive). Records include information on the disposal of medical marijuana that is not usable marijuana, including the: i. Description of and reason for the marijuana being disposed of including, if applicable, the number of failed or other unusable plants; ii. Date of disposal; iii. Method of disposal (The facility shall dispose of marihuana product waste in a secured waste receptacle using I or more of the following: )); and (a) A manned and permitted solid waste landfill. (b) A manned compostable materials operation or facility. (c) An in-vessel digester (only at the grow facility.) (d) In a manner in compliance with applicnble state and local laws and regulations. iv. Name and registry identification number of the facility agent responsible for the disposal; MJ Freeway™. Every action in GramTracker™ is tied to a specific user with permission to perform that function. -12- As per the City of Lansing Ordinance 1217: 1300.9(K) ***Disposal of Marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in non-conformance with state laws "LARA EM.ERG.ENCY RULE 36" and any other amendments or emergency rules that are proYided from LARA as the program advances. Medical Marijuana that is deemed unfit for patients and any non usable materials will be willingly forfeited to local law enforcement to be destroyed OR may be ground for natural biodegradation within the grounds of the facility or cultivation site. The Managing Agent is responsible for disposal of medication and by products of medical marijuana. The Managing Agent will additionally document and keep record of any and all disposals/forfeitures to local law enforcement or plant materials prepped for biodegradation. There will be an applicable trip log, and disposal log for every disposal of medication. LARA may request this information at anytime. ¥* MvfENDED 02/07/2018 PER RF! WASTE DISPOSAL PLAN PER Ei'11IERGENCY RULE 36** As Per LARA 's EMERGENCY RULE 36 All medical marihuana and related product that contains marijuana that is returned. trimmed, contaminated or otherwise required to be destroyed or disposed of (i .e. contamination, etc.) shall be done in accordance with the BMJv1R LARA ·s Emergency Rule 36. "lvlarihuana product dest111ction and waste manageme11t,. (l) Tvlarihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. (2.) The facility shall not sell marihuana waste or marihuana products that are to be destroyed, or that the department orders destroyed. (See pg 15. D. Inventory Control 333 .27207 Third-Party Inventory Control and Tracking System: l. Inventory Control System: (I) Batch Recalls ) (3) The facility shall manage all waste that is hazardous waste pursuant lo part 11 l of 1994 PA 451, MCL 324.11101TO324.90106. ALL HAZARDOUS WASTE WILL BE TREATED AND DISPOSED OF IN COMPLIANCE WITH rv1ichigan Compiled Laws MCL NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT. ACT 451 of 1994. PART 111 . HAZARDOUS WASTE MANAGEMENT. See Attached: (l) .Personnel Training Requirements for Fully Regulated Generators of Hazardous Waste (2) Copy of Act 451 of 1994 Part 111 lVfCL324. l I 10 I Hazardous Waste Management. ( 4) The facility shall dispose of marihuana product waste in a secured waste receptacle using I or more of the following: (a) A manned and permitted solid waste landfill. (b) A manned compostable materials operation or facility. (c) An in-vessel digester (only at a grow facility.) (d) In a manner in compliance with applicable state and local laws and regulations. (5) Wastewater generated during the cultivation of marihuana and processing of marihuana products shall be disposed of in compliance with applicable state and local laws and regulations -13- See Standard Operations Procedures Pg 3. Chemicals Great Lakes Wellness Solutions will implement an all "green cleaning" method in which all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the GreenBuy Award Program. However, treat all of them with extreme caution. Employees are familiarized with chemicals, their labels, and their uses. Chemicals are stored in a cool, dry, dark, locked storage cabinets in designated storage rooms. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. List of all Chemicals to be used in Provisioning Center: 1. Jsopropyl Alcohol 2. Chemicals which have "LOW VOC or NO VOC": Products certified and labeled by United States Environmental Protection Agency (EPA) labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatile organic compounds or none at all. 3. Antibacterial I Sanitation Wipes 4. Bleach 5. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures only. Know where the water source, MSDS notebook, and first aid kit are located. If in doubt, ask the supervisor. No smoking in or around when chemicals are stored, mixed, or used. No eating in or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, in a container, or bag. STORAGE & HANDLING OF CHEMICALS POLICY Policy Statement: To ensure that the workplace is safe for staff, visitors, and patients by ensuring that all chemicals are stored and handled in the safest and most secure way possible. IMPLEMENTATION: BEFORE YOU START: TRAINING AND INFORMATION A staff member must undertake training in: First aid Safety procedures in case of accidents . Posters about the use of chemicals should be placed on the walls -14- where chemicals are stored and decanted in order to educate staff and visitors to the Service. REMEMBER: All potentially dangerous products must be clearly labelled and stored independently of all medication -Put a dangerous goods label on containers that require them. -Storage areas must be clearly labelled. -No chemicals are to be stored on the floor. -Store containers at a height that makes them easily accessible for decanting, but not so high that they pose a risk when they are lifted down. Wherever possible use non-hazardous products in preference to hazardous products eg use a non-toxic sanitation cleaner rather than a toxic cleaner like bleach. It is important tp discuss the dangers of certain products. NEVER: Store chemicals, in a soft drink bottle or other food or drink container. Mix chemicals. All preparation is to take place in a specific preparation area separated by barrier from public access areas. IF AN ACCIDENT HAPPENS IF A SPILLAGE ACCIDENT OCCURS FOLLOW THE CLEAN UP AND FIRST AID PROCEDURES ON THE MSDS IF A PATIENT OR WORKER INGESTS ANY CHEMICAL CALL THE POISONS INFORMATION SERVICE CALL 13 11 26 COMPLETE AN "Incident and Accident Record Form" BE INFORMED ALL EMPLOYEES NEED TO BE FAMILIAR WITH THE CHEMICAL PRODUCTS USED IN THE SERVICE: This is because many of the seemingly harmless items found in every service are potentially dangerous particularly when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also bum the skin and seriously damage the eyes. Dishwasher detergent is a corrosive and hazardous chemical. Stove cleaner is highly toxic. Many pesticides are also toxic. Petrol or two-stroke petrol-oil mix used in lawnmowers can burn skin, damage eyes and be a fire hazard unless stored properly. Some adhesives can cause serious damage to eyes and skin and the fumes can be toxic. INFORMATION ABOUT CHEMICALS: Each program must have Material Safety Data -15- Sheets (MSDS) for the materials in use. MSD Sheets must be located in plastic sleeves alongside the chemicals in the storage areas. A copy of each MSD Sheet and a Chemical Register must also be kept in the office. The manufacturer or supplier is required by law to make adequate information available. WHAT DOES THE MSDS CONTAIN? Each MSDS details: the chemical ingredients; its effects on health when swallowed, inhaled, splashed into the eye or spilled on the skin; precautions to be followed when using the chemical; information on safe handling and storage. WHAT TO DO WHEN USING CHEMICALS: When using any chemicals: Read the MSDS. Follow the manufacturer's instructions for use on the label. Be aware of potential hazards. Read first-aid instructions on the container. Make sure that chemical containers are correctly labelled. Use the appropriate and approved personal protective equipment such as gloves, aprons, goggles and respiratory protections such as masks when using the chemical. The appropriate equipment will be listed in the MSDS. General sanitation in the facility Discard trash in the appropriate waste cans: Regular Trash, Recycle, and Chemical Waste I Hazardous Disposal. Marijuana material waste/ hazardous and other waste separate. Sweep/mop floors daily and wash away dirt and dust. Trash taken out daily. No trash is to be left in any trash can with the facility after hours. Remove trash to dumpster and plant waste/soil to proper waste/disposal area.IF UNABLE to dispose of marihuana plant material waste before close of business day, all marihuana plant material waste is to be stored, locked in the safe or vault. All rooms, areas and surfaces sanitized and cleaned daily. Facility Cleaning And Sanitation Standards • All employees must wash their hands prior to returning to work if they've used the restroom or handled any sort of facility trash and/or waste. If you use the bathroom, use the provided handwashing sink in that bathroom before exiting. If you have handled and other sort of facility trash and or waste, wash hands in the provided hand washing sink in the water heater room, directly to the right when passing through the doorway into the dispensing room. • Medical Marijuana must be properly stored and handled carefully to avoid any contamination. • Refuse/Waste must be removed from the facility at least every 24 hours. • All Medical Marijuana Equipment including scales and surfaces must be cleaned daily. • All trucks, trays, buckets, other receptacles, platforms, racks, tables, shelves, knives, saws, cleavers, other utensils, or the machinery used in moving, handling, cutting, chopping, mixing, canning, packaging or other processes are cleaned daily. • All stored edible food products must be securely covered. • When handling MMJ and or/infusing products Agents must wear sanitary Gloves, keep fingernails trimmed and free of polish or chemicals, wears clean and protective clothing. -16- • If you ever see that MMJ has been contaminated, please advise the Medical Director and dispose of material if necessary • Wash again after touching body parts other than clean hands/exposed arms Chemicals Great Lakes Wellness Solutions, LLC will implement an all "green cleaning" method in which all cleaning and sanitary agents used will be verified through OSHA and recognized by the U.S. Department of Energy (DOE) in the Green Buy Award Program . However, treat all of them with extreme caution. Employees are familiarized with chemicals, their labels, and their uses. Chemicals are stored in a cool, dry, dark, locked storage cabinets in designated storage rooms. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material. List of all Chemicals to be used in Provisioning Center: 1. lsopropyl Alcohol 2. Chemicals which have "LOW VOC or NO VOC": Products certified and labeled by United States Environmental Protection Agency (EPA) labeled with the Design for the Environment (DfE) label which states to have lower concentration of volatile organic compounds or none at all. 3. Antibacterial I Sanitation Wipes 4. Bleach 5. Hand Soap 6. Hand Sanitizer Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifically recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots, work shirt, safety glasses/goggles, gloves and respirator (depends on chemical). Follow written recipes and procedures only. Know where the water source, MSDS notebook, and first aid kit are located. If in doubt, ask the supervisor. No smoking in or around when chemicals are stored, mixed, or used. No eating in or around where chemicals are stored, mixed, or used. Wash hands after handling chemicals in their raw form, in a container, or bag. Chemical spills I. Call supervisor if time allows. 2. Identify the chemicals involved. 3. Follow proper procedure according to MSDS manual located in production area and/or office. 4. If unsure, or unable to locate MSDS and consult supervisor for proper procedure. 5. If supervisor is unavailable, call Poison Control Center to request advice for cleanup at: (800) 222-1222 -17- 6. Always assume the spill is hazardous and wear PPE. a. In the event of fire or explosion resulting from chemical spill, refer to 'Fire' and 'Explosion' sections in this document for proper procedure. 7. Contain chemical spill in appropriate containers. a. For petroleum's, oils, pesticides, and similar, use Vermiculite or Diatomaceous Earth to soak up chemical. b. Dispose of in chemical resistant container and label appropriately. c. If on-site, dispose of with Risk Management. See supervisor for appropriate procedure. 8. Label containers and then dispose of waste properly. 9. Record in logbook the nature of the accident, time, date, persons involved, location, and response taken. JO. Call supervisor if not having done so already. -18- On Site Emergency Situations Policy This policy will be implemented on 10.17.17 Our Grow features an alarm system provided by a third party contracted company . The alarms will alert managing agents and security staff of any potential intrusion as well as alert local authorities if the alarm is not deactivated by a designated dispensary agent. Video and audio will be digitally stored on a central server for future review ensuring compliance and quality control as well as an off-site data recovery site. Great Lakes Wellness Solutions takes every measure to ensure your safety while inside the dispensary. As an employee of Great Lakes Wellness Solutions you will be required to follow our policies; 1. If you are witness to any harm done to a patient or patient's property you will; a. Not leave the dispensary (do not follow the patient outside) i. If you are outside and a situation occurs come into the dispensary immediately. b. Report immediately to your manager c. After reporting to management you will fill out an incident report and give to a manager. d. Resume regular schedule of duties 2. If someone is threatening you or an employee's life you will; a. Locate and press the nearest panic button i. Panic button at Register 1, 2 and 6 (attached to scanner f w/ cash drawer) ii. Panic button at Host desk (underneath) iii. Panic button on lanyard in Admin Office (on wall behind door) iv. Panic button on lanyard in Storage Office (on calendar wall) b. Call the police. (Always cooperate in police investigation and file applicable police reports.) c. Inform a manager, if possible. These policies are in place for your safety. If you do not follow the policies disciplinary actions will be taken. Sign below that you understand Great Lakes Wellness Solutions Emergency Situations Policies and Procedures. Employee Name (print) Employee Signature Date This form will be added to your personal file. -19- Great Lakes WeUBJless Solutions, LLC dba : GREENPHARMS Policies and Procedures 1 GLWS -20- Table of Contents *(page numbers are approximate due to revisions)* A. Hours of Operation Pg. 5 B. Job Descriptions and Employment Contracts Pg. 5-12 I. Personnel Supervision 2. Training & Confidentiality 3. Performance Evaluations 4. Disciplinary Actions 5. Employment Contracts C. Business Records Pg. 13-15 I. Records 2. Retention a Method(s) b. Time-Frame D. Inventory Control 333.27207 Third-Party Inventory Control and Tracking System Pg. 16-32 I. Inventory Control System (a) acquiring and transfer of medical marijuana from a grower or processor; (b) for each batch of marijuana cultivated; (c) for providing marijuana to another facility; and (d) for receiving medical marijuana infused edible products from another facility. (e) Certified Laboratory Testing Results 1300.9(R) 2. Procedures for Testing Contaminants -1300.5(20) 3. Disposal of Unusable Medical Marijuana (Inventory Control Relative Details) -1300.9(K) *')AMENDED 02/07i2018 PER RF! WASTE DISPOSAL PLAN PER EMERCiENCY RULE 36** 4. Designated facility Agent 5. Methods of Acquiring Medical Marijuana 6. Packaging 7. Sanitation Plan, Proper Storage and Safety in the Facility -1300.5(18) Basic Storage and Access Requirements 1300.9 (F) (G) Ventilation Policies -1300.9(1) 8. Audits STORAGE & HANDLING OF CHEMICALS POLICY General sanitation in the facility Facility Cleaning And Sanitation Standards 9. Records Retention a Acquiring Medical Marijuana from a Grower of Processor b. Cultivation (Process) c. Disposal of Unusable Medical Marijuana d. For providing medical marijuana to another facility e. For receiving edible food products infused with medical marijuana from another facility 2 GLWS -21- 7 grams (Y-i oz) 14 grams (\ti oz) 28 grams (Full oz) Bulk medicine will be bagged and labeled for record keeping. The labels will include the MJ Freeway Batch Number to view Vendor information. As medicine is distributed from the bulk packaging, our inventory control system powered by MJ Freeway, will update current batch quantities/keep record of our transactions. MMJ MUST NEVER BE STORED WITH FLAMMABLE OR HARMFUL CHEMICALS/MATERIALS. The MJ Freeway generates a label for our patients' medications and will be on front of the packaging. Labeling will include the official Michigan Department of LARA warning labels to avoid the potential of any unlawful use or access by children as well as the patients corresponding database patient profile number, their state issued Qualifying Patient Registry Identification Number, and the batch number of the marijuana purchased, the amount, the strain, the date of harvest and the date of purchase. Labels will include: • facility Registration ID # • Amount/Strain and batch # of MMJ • LARA Warning Statement • Ifnot cultivated by the facility, the label will designate by which grower it was cultivated. • Date of manufacture, harvest, or sale. • List of chemical additives, non organic pesticides, herbicides, and fertilizers used in cultivation/production. • The acceptance or denial of Education Materials (denied or accepted) • Registry ID of the receiving Patient and/or designated caregiver. It is always priority to utilize MJ Freeway automated receipts and labels and all transactions must be conducted via secure electronic device BY THE SELLER or via teleplzone by anotlzer Agent. /f tlze Agent cannot run t/ze Miclzigan Department of LARA system, YOU CANNOT COMPLETE THE TRANSACTION. If anotlzer Agent records tlze transaction in Michigan Department of LARA on your belzalf, you 'II be required to note tlzis on tlze respective trip plan. 7. Sanitation Plan, Proper Storage and Safe(v in the Facility -1300.5(18) (a) A grower/processor/provision facility shall maintain its facility in a sanitary condition to limit the potential for contamination or adulteration of the medical marijuana grown, processed, or dispensed in the facility. The following apply: (i) Equipment and surfaces, including floors, counters, walls and ceilings, shall be cleaned and sanitized as frequently as necessary to protect against contamination, using a sanitizing agent registered by the United States Environmental Protection Agency, in accordance with the instructions printed on the label. Equipment and utensils shall be so designed and of such material and workmanship as to be capable of being adequately 23 GLWS -22- cleaned and sanitized. (ii) Trash shall be properly removed. (iii) Floors, walls and ceilings shall be kept in excellent condition. (iv) Equipment, counters and surfaces for processing and dispensing must be food grade quality and may not react adversely with any solvent being used. (v) Adequate protection against pests shall be provided through the use of integrated pest management practices and techniques that identiy and manage plant pathogens and pest problems, and the regular disposal of trash to prevent infestation. (vi) Toxic cleaning compounds, sanitizing agents, solvents used in the growing and processing of medical marijuana, and pesticide chemicals must be labeled and stored in a manner that prevents contamination of seeds, immature medical marijuana plants, medical marijuana plants and medical marijuana, and in manner that otherwise complies with other applicable laws and regulations. (b) An employee working in direct contact with medical marijuana is subject to the restrictions on food handlers (relating to restrictions on food handlers). An employee shall otherwise conform to sanitary practices while on duty, including the following: (I) Maintaining adequate personal hygiene. (2) Wearing proper clothing, including gloves (3) Washing hands thoroughly in an adequate hand-washing area before starting work and at any other time when hands may have become soiled or contaminated. (4) Refraining from having direct contact with marijuana ifthe person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnonnal source of microbial contamination, until the condition is corrected. (c) A grower/processor/provisioning center shall provide its employees and visitors with adequate and convenient hand-washing facilities furnished with running water at a temperature suitable for sanitizing hands. The following apply: (i) Hand washing facilities must be located in processing areas and where good sanitary practices require employees to wash and sanitize their hands. (ii) Effective non toxic sanitizing cleansers and sanitary towel service or suitable drying devices shall be provided (d) A grower/processor/provision shall provide its employees and visitors with adequate, readily accessible lavatories that re maintained in a sanitary condition and in good repair. (e) A grower/processor/provision shall ensure that its facility is provided with a water supply sufficient for its operations which shall be derived from a source that is a public water system, or a nonpublic system that is capable of providing a safe, potable and adequate supply of water to meet the operation needs of the facility. (f) A grower/processor/provisioner shall comply with all other applicable State and local building code requirements intended for storage, sanitation, and safety. 24 GLWS -23- Basic Storage and Access Requirements 1300.9 (F) (G) The following basic storage requirements apply to all hazardous chemicals including medical marijuana. Storage Area Requirements: ./ All activity related to the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility shall be done indoors . ./ All storage of medical marijuana shall be out of the view of the public and in locked, vaults and safes with a minimum fire rating of 1-hour. Vaults and safes will be located in designated storage areas only accessible by the facilities qualified and registered employees and only after gaining authorized key agreements for specified personnel. ./ 1300.9 (F) All Medical Marihuana Storage areas within the provision center must be separated from any customer/patient areas by a PERMANENT BARRIER. Unless permitted by the mmma, no medical marihuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Medical marihuana MAY BE displayed in a sales area ONLY if permitted by the MMFLA. PUBLIC OR COMMON AREAS OF THE MEDICAL MARIJUANA provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated from restricted or non-public areas of the provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility by a PERMANENT BARRIER. NO medical marijuana is permitted to be stored, displayed, or transferred in an area accessible to the general public . ./ ALL medical marijuana storage areas within the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility will be separated f~om any customer/patient areas by a permanent barrier. Unless permitted by the mmfla, no medical marijuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Medical Marijuana may be displayed in a sales area only if permitted by the mmfla and local gov't agency . ./1300.9 (G) Any usable medical marijuana remaining on the premises of a medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility, while the medical marijuana provisioning center, grower, processor, safety compliance facility, and/or secure transporter facility is not in operation shall be secured in a safe permanently affixed to the premise . ./ All storage areas will have designated signs indicating the limited access to specified facility agents only . ./ The dispensing floor will only be accessible by patients upon after completion of a registered patient profile under the facilities patient management system gathering all required data but not limited to: A photocopy of the patients Registry Identification Cards name, address, and date of birth of the qualifying patient; name, address, and date ofbi11h of the primary caregiver, if any, of the qualif)ring patient; date of issuance and expiration date of the registry identification card; a random identification number; A photograph, if the department requires one by rule; and a clear designation showing whether the primaiy caregiver or the qualifying patient will be allowed under state law to possess the marljuana plants (determined based solely on the qualifying patient's preference). 25 GLWS -24- Cannabidiol (CBD), Total cannabinoid testing results, and a pass/fail rating based on the certified laboratory's State-required testing must be available to all medical marihuana pmvisioning center patients/customers upon request and prominently displayed. 2. Procedures for Testing Co11tamilla11ts -1300.5(20) Procedures for testing contaminants will be strictly enforced and follow procedures outlined by State. If the medical marihuana is grown through our own cultivation center. Product will be send via third party Transporter to a third party Safety Compliance Facility. Where each batch of marijuana harvested will be tested for THC, CBD, along with a handful list of other various cannabinoid molecules, terpene profiles, and contaminants, such as molds and pesticides. See attached: additional supplemental information including: "Sampling and Testing Guide for Metre" the Oregon testing procedure packet for METRC which is the exact same software system LARA has contracted with and will be using for the BMMR Program, "OHA Technical Report Contaminant Testing" a standardized process to determine what contaminants to test for, and a "Control Study Process Flow" chart showing the process in which it requires to test batches of medical marihuana. Because LARA is using the same METRC software system as Oregon, we can presume the process will be similar, if not identical. 3. Disposal of Uuusable Medical Mari/11u111a (Inventory Control Relative Details) -1300.9(K) Documentation of the disposal of medical marihuana will be recorded in the statewide monitoring system "!vIETRC" and recorded "vithin the Companies Seed-to-Sale software "!vIJFreeway" as well as kept via our cloud serviced -MMJ Disposal form (found on google drive). Records include information on the disposal of medical marijuana that is not usable marijuana, including the: i. Description of and reason for the marijuana being disposed of including, if applicable, the number of failed or other unusable plants; ii. Date of disposal; iii. Method of disposal (rendered into an unusable and unrecognizable form before forfeiture to law enforcement or natural biodegradation/mixed with compost, placed in locked trash bin)); and iv. Name and registry identification number of the facility agent responsible for the disposal; MJ Freeway™. Every action in GramTracker™ is tied to a specific user with permission to perform that function. As per the City of Lansing Ordinance 1217: 1300.9(K) ***Disposal of Marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in non-conformance with state laws "LARA EMERGENCY RULE 36" and any other amendments or eme1·gency rules that are provided from LARA as the program advances. Medical Marijuana that is deemed unfit for patients and any non usable materials will be willingly forfeited to local law enforcement to be destroyed OR may be ground for natural biodegradation within the grounds of the facility or cultivation site. The Managing Agent is responsible for disposal of medication and by products of medical marijuana. The Managing Agent will additionally document and keep record of any and all disposals/forfeitures to local law enforcement or plant materials prepped for biodegradation. There will be an applicable trip log, and disposal log for every disposal of medication. 21 GLWS -25- LARA may request this information at anytime. **AMENDED 02/0712018 PER RFI WASTE DISPOSAL PLAN .PER El'v!ERGENCY RULE 36*'' As Per LARA's EMERGENCY RULE 36 All medical marihuana that is returned or otherwise required to be destroyed or disposed of(i.e. contamination, etc.) shall be done in accordance with the BMMR LARA's Emergency Rule 36. ",Harif111ana product destruction and waste management." (l) Marihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable fom1 and recorded in the statewide monitoring system. (2) The facility shall not sell marihuana waste or marihuana products that are to be destroyed, or that the department orders destroyed. (See pg 15. D. Inventory Control 333.27207 Third-Party Inventory Control and Tracking System: I. Inventory Control System: (f) Batch Recalls) (3) The facility shall manage all waste that is hazardous waste pursuant to part 111 of 1994 PA 451, MCL324.lll0l T0324.90106. ALL HAZARDOUS WASTE WILL BE TREATED AND DISPOSED OF JN COMPLIANCE WITH Michigan Compiled Laws t-.'1CL NATURAL RESOURCES AND ENVIROWvlENTAL PROTECTION ACT. ACT 451 of 1994. PART l l l. HAZARDOUS WASTE l\·1ANAGEMENT. See Attached Personnel Training Requirements for Fully Regulated Generators of Hazardous Waste and a copy of MCL324. l I 10 I Hazardous \lt'aste Management. (4) The facility shall dispose ofmarihuana product waste in a secured waste receptacle using I or more of the following: (a) A manned and permitted solid waste landfill. (b) A manned cornpostable materials operation or facility. (c) An in-vessel digester (only at the grow facility.) (d) ln a manner in compliance with applicable state and local laws and regulations. (5) Wastewater generated during the cultivation of marihuana and processing of marihuana products shall be disposed of in compliance with applicable state and local laws and regulations 4. Designated facility Agent The Managing Agent(s) is/are responsible for maintaining the inventory control system. MJ Freeway™: System administrators create and manage agents using our Manage Users features which allows unique permissions by user role. User controls currently are Front Desk, BudTender, Grower, Store Manager and Administrator. Only agents designated manager or administrators have the ability to manipulate inventory. The account owner and manager can oversee Inventory remotely as well. Scans of any supporting documentation, such as a written designation, can be attached to the facility agent's user ID record. The managing agent will be designated to oversee Inventory Control Systems, and in their absence any Tier 1 Agent may oversee ICS also. 5. Methods of Acquiring Medical Marijuana 22 GLWS -26- ' .... hfdrns: .. ~ t Eich weok a MW bg wil bo ~;irl<!d. Pad(aglng wil bo reqiil~ lo nolate each and o~ disposal on U'i1 form. Please f~ r. All blanltt. Completed lorrnt wil bo turned into )'Ol.A" patbgl1"9 load. : 1 For disposals cMH 28.1 gnwn1 an c;::~~~01~~1:'V::.~ke7c~:.~~=~:'."1~@gmai.com on the day of. . . :eomiat. MIU\od of Wtlght MMJ AddNHllcntlon or Bitch .~•ar1d~ .DI•~~~~.~~-~ .. !~ .. ~!!.ec>!~ ~.!~ .. ~.~~~ ~~1~~1nfo '.N.~!1•) l'.':~!.1~ .. • ~-~.utne.~~ i ... ; L. .. iOiapem..art Registration IOI ['?~.R·euiilr.ition IOI . ...................... 1;_;_;;;:-:.~.· i Oispens.111} Rcgilltar>on IOI ~Ollpenury Reg1s:tation IOI . .............. i.~iY·R-ev;·~·i'OI ~Oisp«isary Registration IOI . ·:·~~i~!Qj~~:!~ .. :: .. i~fl'.~ogilfrltionl~ ~Oispenuty Rcgi.U.tion IOI i'~·R·e.;1~·jk;~·101 .... ! Dilpem.ary Rogilolr1~ IOI . ........ ~~·ry·R·;g~iiO;;'iOI' .. !·sea below ........... ~; .. ~"~ ;'MO below ;.~~~ ;· ... below ······:;··~;·~·-.. ~·tea below . ............................ ·--····-~-!~~~:~·": .. :•sea below ·~·MO below .... !;·~~ .. ~· ~-5ff below ........ l~.i~.~~ .. ~ ... ~ .. f!!~.~~J.~. ~~-~-~ .... -27- ! ; ........ 1 ..... ......................... .!. ....... . .... f .. .. ~ ... ... i . ............ ! . ............ J~~-~.~r..~~.\..~~---~· Dalo ................... j R•50l1~~~ ...................... 1 .) ... !.... .......... ~ ........ ~. ·---··--;• .. · ... • ...... -.......... ·--j·· .. . . ........ i NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of 1994 PART Ill HAZARDOUS WASTE MANAGEMENT 324.11101 Meanings of words and phrases. Sec. 11101. For the purposes of this part, the words and phrases defined in sections 11102 to I 1104 have the meanings ascribed to them in those sections. History: 1994, Act 451, Eff. Mar. 30, 1995. Compiler's note: For transfer of authority. powers. duties. functions. and responsibilities of 1he Waslc Management Division to the Director of the Michigan Department of Environmental Quality. see E.R.O. No. 1995-16. compiled at MCL 324.99901 of the Michigan Compiled Laws. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11102 Definitions; C to F. Sec. 11102. (I) "Contaminant" means any of the following: (a) Hazardous waste as defined in R 299.9203 of the Michigan administrative code. (b) Any hazardous waste or hazardous constituent listed in 40 CFR part 261 , appendix VIII or 40 CFR part 264. appendix IX. (2) "Corrective action" means an action determined by the department to be necessary to protect the public health, safety, or welfare, or the environment, and includes, but is not limited to, investigation. evaluation, cleanup, removal, remediation, monitoring, containment, isolation, treatment, storage, management, temporary relocation of people, and provision of alternative water supplies, or any corrective action allowed under the solid waste disposal act or regulations promulgated pursuant lo that act. (3) "Designated facility" means a hazardous waste treatment, storage, or disposal facility that has received a permit or has interim status under the solid waste disposal act or has a permit from a state authorized under section 3006 of subtitle c of the solid waste disposal act, 42 use 6926, and which , if located in this state. has an operating license issued under this part, has a legally binding agreement with the department that authorizes operation, or is subject to the requirements of section 11123(8). (4) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking. or placing of a hazardous waste into or on land or water in a manner that the hazardous waste or a constituent of the hazardous waste may enter the environment, be emitted into the air, or be discharged into water, including groundwater. (5) "Disposal facility" means a facility or a part of a facility where managed hazardous waste, as defined by rule, is intentionally placed into or on any land or water and at which hazardous waste will remain after closure. (6) "Failure mode assessment" means an analysis of the potential major methods by which safe handling of hazardous wastes may fail at a treatment, storage, or disposal facility. Hi~1ory: 1994. Act 451, Eff. Mar. 30, 1995:-Am. 2010. Act357. lmd. Eff. Dec. 22. 2010. Compiler's note: For transfer of authority, powers, duties. funclions. and responsibilities of the Waste Management Division to lhe Director of the Michigan Department of Environmental Quality. sec E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws. Popular name: Ac1 451 Popular name: Hazardous Waste Act Popular natne: NREPA 324.11103 Definitions; G to O. Sec. 11103. (I) "Generation" means the act or process of producing hazardous waste. (2) "Generator" means any person. by site, whose act or process produces hazardous waste as identified or listed pursuant to section 11128 or whose act first causes a hazardous waste to become subject to regulation under this part. (3) "Hazardous waste" means waste or a combination of waste and other discarded material including solid, liquid, semisolid, or contained gaseous material that because of its quantity, quality. concentration,o; physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illness or serious incapacitating but reversible illness, or may Rendered Friday, February 2. 2018 © Legislative Council, State of Michigan Page 1 -28- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy ofwww.legislature.mi.gov pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous waste does not include material that is solid or dissolved material in domestic sewage discharge, solid or dissolved material in an irrigation return tlow discharge, industrial discharge that is a point source subject to permits under section 402 of title IV of the federal water pollution control act, chapter 758, 86 Stat. 880. 33 U.S.C. 1342. or is a source, special nuclear, or by-product material as defined by the atomic energy act of I 954, chapter I 073, 68 Stat. 919. (4) "Hazardous waste management" means the systematic control of the collection. source separntion. storage, transportation. processing, treatment, recovery, recycling, and disposal of hazardous waste. (5) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile. a land treatment facility. a surface impoundment. an injection well, a salt dome formation, a salt bed formation, or an underground mine or cave. (6) "Land treatment facility" means a treatment facility or part of a treatment facility at which hazardous waste is applied onto or incorporated into the soil surface. If waste will remain after closure, a facility described in this subsection is a disposal facility. (7) "Limited storage facility" means a storage facility that meets all of the following conditions: (a) Has a maximum storage capacity that does not exceed 25,000 gallons of hazardous waste. (b) Storage occurs only in tanks or containers. (c) Has not more than 200 containers on site that have a capacity of 55 gallons or less. (d) Does not store hazardous waste on site for more than 90 days. (e) Does not receive hazardous waste from a treatment, storage, or disposal facility. (8) "Manifest" means a form approved by the department used for identifying the quantity. composition, origin, routing. and destination of hazardous waste during its transportation from the point of generation to the point of disposal. treatment. or storage. (9) "Manifest system" means the system used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. (I 0) "Mechanism" means a letter of credit, a financial test that demonstrates the financial strength of the company owning a treatment, storage, or disposal facility or a parent company guaranteeing financial assurance for a subsidiary, or an insurance policy that will provide funds for closure or postclosure care ofa treatment, storage, or disposal facility. · ( 11) "Municipal solid waste incinerator" means an incinerator that is owned or operated by any person, and that meets all of the following requirements: (a) The incinerator receives solid waste from off site and bums only household waste from single and multiple dwellings, hotels, motels, and other residential sources, or bums this household waste together with solid waste from commercial, institutional, municipal, county. or industrial sources that. if disposed of, would not be required to be placed in a disposal facility licensed under this part. (b) The incinerator has established contractual requirements or other notification or inspection procedures sufficient to assure that the incinerator receives and burns only waste referred to in subdivision (a). (c) The incinerator meets the requirements of this part and the rules promulgated under this part. (d) The incinerator is not an industrial furnace as defined in 40 C.F.R. 260.10. ( 12) "Municipal solid waste incinerator ash" means the substances remaining after combustion in a municipal solid waste incinerator. ( 13) "Municipality" means a city, village. township, or Indian tribe. (14) "On site" means on the same or geographically contiguous property that may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and access is by crossing rather than going along the right-of-way. On site property includes noncontiguous pieces of property owned by the same person but connected by a right-of-way that the owner controls and to which the public does not have access. History: 1994. Act 45 l. Eff. Mar. 30. 1995. Compiler's note: For transfer of authority. powers. duties. functions. and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, sec E.R.0. No. 1995-16. compiled al MCL 324.99901 of the Michigan Compiled Laws. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11104 Definitions; O to V. Sec. 11104. ( 1) "Operator" means the person responsible for the overall operation of a disposal, treatment, Rendered Friday, February 2, 2018 Page 2 Michigan Compiled Laws Complete Through PA 1 O of 201 s ©Legislative Council, State of Michigan Courtesy of www.legislature.migov -29- or storage facility with approval of the department either by contract or license. (2) "Site identification number" means a number that is assigned by the United States environmental protection agency or the United States environmental protection agency's designee to each generator, each transporter, and each treatment, storage, or disposal facility. If the generator or transporter or the treatment. storage, or disposal facility manages wastes that are hazardous under this part and the rules promulgated under this part but are not hazardous under the solid waste disposal act, site identification number means an equivalent number that is assigned by the department. (3) "Solid waste" means that term as it is defined in part 115. (4) "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. (5) "Storage facility" means a facility or part of a facility where managed hazardous waste, as defined by rule, is subject to storage. A generator who accumulates managed hazardous waste, as defined by rule, on site in containers or tanks for less than 91 days or a period of time prescribed by rule is not a storage facility. (6) "Surface impoundment" or "impoundment" means a treatment, storage, or disposal facility or part of a treatment, storage, or disposal facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials. that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Surface impoundments include, but are not limited to, holding, storage, settling. and aeration pits. ponds, and lagoons. (7) "The solid waste disposal act" means title II of Public Law 89-272, 42 U.S.C. 6901, 6902 to 6907, 691 I , 6912 to 69 l 4a, 6915 to 6916. 6921 to 6939e. 6941 , 6942 to 6949a, 6951 to 6956. 6961 to 6964, 6971 to 6979b, 6981 to 6987. 6991 to 6991 i. and 6992 to 6992k. (8) 'Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail. highway, or water. (9) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical. chemical, or biological character or composition of any hazardous waste. to neutralize the waste, to recover energy or material resources from the waste, or to render the waste nonhazardous or less hazardous, safer to transport, store, or dispose of, amenable to recovery. amenable to storage, or reduced in volume. Treatment includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (I 0) "Treatment facility" means a facility or part of a facility where managed hazardous waste, as defined by rule. is subject to treatment. ( 11) "Updated plan" means the updated state hazardous waste management plan prepared under section 11110. ( 12) "Vehicle" means a transport vehicle as defined in 49 C.F.R. 171.8. History: 1994, Act 451. Eff. Mar. 30. 1995:-Am. 1998. Act 139. Eff. Sept. I. 1998:---Am. 2001.Act 165. lmd. Eff. Nov. 7, 2001. Compiler's note: For transfer of authority. powers. duties. functions. and responsibilities of the Waste Management Division lo the Director of the Michigan Department of Environmental Quality. sec E.R.O. No. 1995-16. compiled at MCL 324.99901 of the Michigan Compiled Laws. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11105 Generation, disposition, storage, treatment, or transportation of hazardous waste. Sec. 11105. A person shall not generate, dispose, store, treat, or transport hazardous waste in this state without complying with the requirements of this part. History: 1994, Act 451. Eff. Mar. 30, 1995. Compiler's note: For transfer of authority. powers, duties. functions. and responsibilities of the Waste Management Division to the Director of lhc Michigan Department of Environmental Quality, see E.R.0. No. 199.S.16. compiled MCL 324.99901 of the Michigan Compiled Laws. Popular name: Act 451 Popular name: Hazardous Waslc Act Popular name: NREPA 324.111 OS a Repealed. 2006, Act 560, Eff. Dec. 29, 2008. Compiler's note: The repealed section pertained to adoption by reference of federal rules and promulgation of administrative rule. Popular name: Act 451 Popular name: Hazardous Waste Act Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page3 -30- Michigan Compiled Laws Complete Through PA 1 o o1201 a Courtesy of www./egislature.migov Popular name: NREPA 324.11106 Municipal solid waste incinerator ash; regulation. Sec. l l I 06. The generation, transportation, treatment, storage. disposal. reuse. and recycling of municipal solid waste incinerator ash is regulated under part I IS, and not under this part. History: 1994, Act 451 , Eff. Mar. 30, 1995. Compiler's note: For trnnsfcr of authority. powers. duties. functions. and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of lhe Michigan Compiled Laws. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11107 Methods of hazardous waste management; assistance. Sec. 11107. The department, in the conduct of its duties as prescribed under this part, shall assist in encouraging, developing, and implementing methods of hazardous waste management that are environmentally sound, that maximize the utilization of valuable resources, that encourage resource conservation, including source separation, recycling, and waste reduction. and that are consistent with the plan to be provided by the department pursuant to section 12103( I )(d) of the public health code, 1978 PA 368, MCL 333.12103. In addition, the department, in the conduct of its duties as prescribed by this part, shall assist in implementing the policy of this state to minimize the placement of untreated hazardous waste in disposal facilities. History: 1994. Acl 451 , Eff. Mar. 30, 1995:--Am. 2010. Act 357, lmd. Eff. Dec. 22. 2010. Compiler's note: For transfer of authority, powers, duties. functions, and responsibilities of the Waste Management Division to lhe Director of the Michigan Department of Environmental Quality. see E.R.0 . No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled L~ws. Popular name: Acl 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11108 Landfill or solidification facility; payment of fee by owner or operator; certain hazardous waste exempt from fees; certification; evaluating accuracy of generator fee exemption certifications; enforcement action; forwarding fee revenue and completed form; reduction in hazardous waste generated or disposed; refund; disposition of fees; environmental pollution prevention fund. Sec. 11108. (I) Except as otherwise provided in this section, each owner or operator of a landfill shall pay to the department a fee assessed on hazardous wa~te disposed of in the landfill. The fee shall be based on the quantity of hazardous waste specified on the manifest or monthly operating report and shall be $10.00 per ton, $I 0.00 per cubic yard, or I /2 cent per pound depending on the unit of measure used by the owner or operator to calculate the fee. The fee for fractional quantities of hazardous waste shall be proportional. If the hazardous waste is required to be listed on a manifest and the owner or operator of the landfill determines that the hazardous waste quantity on the manifest is not accurate, the owner or operator shall correct the hazardous waste quantity on all manifest copies accompanying the shipment, note the reason for the change in the discrepancy indication space on the manifest, and assess the fee in accordance with the corrected hazardous waste quantity. Payment shall be made within 30 days after the close of each quarter. The landfill owner or operator shall assess off-site generators the fee. The fee for hazardous waste that is generated and disposed of on the site of a landfill owner or operator shall be paid by that owner or operator. (2) Except as otherwise provided in this section. each owner or operator of a solidification facility licensed pursuant to section I I 123 shall pay to the department a fee assessed on hazardous waste received at the solidification facility. The fee shall be based on the quantity of hazardous waste specified on the manifest or monthly operating report and shall be $10.00 per ton. $10.00 per cubic yard. 4 cents per gallon, or I /2 cent per pound depending on the unit of measure used by the owner or operator to calculate the fee. The fee for fractional quantities of hazardous waste shall be proportional. If the hazardous waste is required to be listed on a manifest and the owner or operator of the solidification facility determines that the hazardous waste quantity on the manifest is not accurate, the owner or operator shall correct the hazardous waste quantity on all manifest copies accompanying the shipment, note the reason for the change in the discrepancy indication space on the manifest, and assess the fee in accordance with the corrected hazardous waste quantity. Payment shall be made within 30 days after the close of each quarter. The solidification facility owner or operator shall Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 4 -31- Michigan Compiled Laws Complete Through PA 10 of 2016 Courtesy ofwww.legis/ature.mi.gov assess off-site generators the fee . The fee for hazardous waste that is generated and solidified on the site of a solidification owner or operator shall be paid by that owner or operator. (3) The following hazardous waste is exempt from the fees provided for in this section: (a) Ash that results from the incineration of hazardous waste or the incineration of solid waste as defined in part 115. (b) Hazardous waste exempted by rule because of its character or the treatment it has received. (c) Hazardous waste that is removed as part of a site cleanup activity al the expense of this state or the federal government. (d) Solidified hazardous waste produced by a solidification facility licensed pursuant to section l 1123 and destined for land disposal. ( e) Hazardous waste generated pursuant to a I-time closure or site cleanup activity in this state if the closure or cleanup activity has been authorized in writing by the department. Hazardous waste resulting from the cleanup of inadvertent releases which occur after March 30, 1988 is not exempt from the fees. (f) Primary and secondary wastewater treatment solids from a wastewater treatment plant that includes an aggressive biological treatment facility as defined in 42 USC 6925. (g) Emission control dust or sludge from the primary production of steel in electric furnaces. (4) An owner or operator of a landfill or solidification facility shall assess or pay the fee described in this section unless the generator provides a signed written certification indicating that the hazardous waste is exempt from the fee. If the hazardous waste that is exempt from the fee is required to be listed on a manifest, the certification shall contain the manifest number of the shipment and the specific fee exemption for which the hazardous waste qualifies. If the hazardous waste that is exempt from the fee is not required to be listed on a manifest, the certification shall provide the volume of exempt hazardous waste, the waste code or waste codes of the exempt waste, the date of disposal or solidification, and the specific fee exemption for which the hazardous waste qualifies. The owner or operator of the landfill or solidification facility shall retain this certification for 4 years from the date of receipt. (5) The department or a health department certified pursuant to section 11 145 shall evaluate the accuracy of generator fee exemption certifications and shall take enforcement action against a generator who files a false certification. In addition, the department shall take enforcement action to collect fees that are not paid as required by this section. (6) The landfill owner or operator and the solidification facility owner or operator shall forward to the department the fee revenue due under this section with a completed form that is provided or approved by the department. The owner or operator shall certify that all information provided in the form is accurate. The form shall include the following information: (a) The volume of hazardous waste subject to a fee. (b) The name of each generator who was assessed a fee, the generator's identification number, manifest numbers, hazardous waste volumes, and the amount of the fee assessed. (7) A generator is eligible for a refund from this state of fees paid under this section if the generator documents to the department, on a form provided by the department, a reduction in the amount of hazardous waste generated as a result of a process change, or a reduction in the amount of hazardous waste disposed of in a landfill, either directly or following solidification at a solidification facility, as a result of a process change or the generator's increased use of source separation, input substitution, process reformulation, recycling, treatment. or an exchange of hazardous waste that results in a utilization of that hazardous waste. The refund shall be in the amount of $10.00 per ton.$ I 0.00 per cubic yard, 4 cents per gallon, or 1/2 cent per pound of reduction in the amount of hazardous waste generated or disposed of in a landfill. A generator is not eligible to receive a refund for that portion of a reduction in the amount of hazardous waste generated that is attributable to a decrease in the generator's level of production of the products that resulted in the generation of the hazardous waste. (8) A generator seeking a refund under subsection (7) shall calculate the refund due by comparing hazardous waste generation, treatment. and disposal activity in the calendar year immediately preceding the date of filing with hazardous waste generation, treatment. and disposal activity in the calendar year 2 years prior to the date of filing. To be eligible for a refund, a generator shall file a request with the department by June 30 of the year following the year for which the refund is being claimed. A refund shall not exceed the total fees paid by the generator to the landfill operator or owner and the solidification facility operator or owner. A form submitted by the generator as provided for in subsection (7) shall be certified by the generator or the generator's authorized agent. (9) The department shall maintain information regarding the landfill disposal fees received and refunds provided under this section. (l 0) The fees collected under this section shall be forwarded to the state treasurer and deposited in the Rendered Friday, February 2. 2018 Page 5 Michigan Compiled Laws Complete Through PA 10 of 2018 ©Legislative Council, State of Michigan Courtesyofwww.legislature.mi.gov -32- environmental pollution prevention fund created in section 11130. Any balance in the waste reduction fund on October l, 2013 shall not lapse to the general fund but shall be transferred to the environmental pollution prevention fund and the waste reduction fund shall be closed. Money from the environmental pollution prevention fund shall be expended, upon appropriation. only for 1 or more of the following purposes: (a) To pay refunds to generators under this section. (b) To fund programs created under this part, part 143, part 145, or the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480. (c) Not more than $500.000.00 to implement section 3103a. (d) To fund the permit to install program established under section 5505. History: 1994. Act 451 , Eff. Mar. 30, 1995;-Arn. 2001. Act 165, lrnd. Eff. Nov. 7, 2001 :-Am. 2011. Act 150. lrnd. Eff. Sept. 21, 2011 :-Arn. 2013, Act 73. Eff. Oct. I. 2013 . Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11110 State hazardous waste management plan; preparation; contents; studies; incentives; criteria; notice; news release; public hearings; comments; amendments. Sec. 1 l I 10. ( 1) Not later than January I, l 990, the department shall prepare an updated state hazardous waste management plan. (2) The updated plan shall: (a) Update the state hazardous waste management plan adopted by the commission on January 15, 1982. (b) Be based upon location of generators, health and safety, economics of transporting, type of waste, and existing treatment, storage. or disposal facilities. (c) Include information generated by the department of commerce and the department on hazardous waste capacity needs in the state. (d) include information provided by the office of waste reduction created in part 143. (e) Plan for the availability of hazardous waste treatment or disposal facilities that have adequate capacity for the destruction, treatment, or secure disposition of all hazardous wastes that are reasonably expected to be generated within the state during the 20-year period after October I, 1988. as is described in section 104{c)(9)(A) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510,42 U.S.C. 9604. (f) Plan for a reasonable geographic distribution of treatment. storage. and disposal facilities to meet existing and future needs. including proposing criteria for determining acceptable locations for these facilities. The criteria shall include a consideration of a location's geology, geography, demography, waste generation patterns, along with environmental factors, public health factors, and other relevant characteristics as determined by the department. (g) Emphasize a shift away from the practice of landfilling hazardous waste and toward the in-plant reduction of hazardous waste and the recycling and treatment of hazardous waste. (h) Include necessary legislative, administrative, and economic mechanisms, and a timetable to carry out the plan. (3) The department shall instruct the office of waste reduction created in part 143 to complete studies as considered necessary for the completion of the updated plan . The studies may include: (a) An inventory and evaluation of the sources of hazardous waste generation within this state or from other states, including the types. quantities, and chemical and physical characteristics of the hazardous waste. (b) An inventory and evaluation of current hazardous waste management, minimization, or reduction practices and costs, including treatment, disposal. on-site recycling, reclamation, and other forms of source reduction within this state. (c) A projection or determination of future hazardous waste management needs based on an evaluation of existing capacities, treatment or disposal capabilities, manufacturing activity. limitations. and constraints. Projection of needs shall consider the types and sizes of treatment, storage, or disposal facilities. general locations within the state, management control systems. and an identified need for a state owned treatment, storage, or disposal facility. (d) An investigation and analysis of methods, incentives. or technologies for source reduction, reuse, recycling, or recovery of potentially hazardous waste and a stra\egy for encouraging the utilization or reduction of hazardous waste. (e) An investigation and analysis of methods and incentives to encourage interstate and international cooperation in the management of hazardous waste. Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 6 -33- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature. mi gov (f) An estimate of the public and private cost of treating, storing, or disposing of hazardous waste. (g) An investigation and analysis of alternate methods for treatment and disposal of hazardous waste. (4) If the department finds in preparing the updated plan that there is a need for additional treatment or disposal facilities in the state, then the department shall identify incentives the state could offer that would encourage the construction and operation of additional treatment or disposal facilities in the state that are consistent with the updated plan. The department shall propose criteria which could be used in evaluating applicants for the incentives. (5) Upon completion of the updated plan, the department shall publish a notice in a number of newspapers having m~jor circulation within the state as determined by the department and shall issue a statewide news release announcing the availability of the updated plan for inspection or purchase at cost by interested persons. The announcement shall indicate where and how the updated plan may be obtained or reviewed and shall indicate that not less than 6 public hearings shall be conducted at varying locations in the state before formal adoption. The first public hearing shall not be held until 60 days have elapsed from the date of the notice announcing the availability of the updated plan. The remaining public hearings shall be held within 120 days after the first public hearing at approximately equal time intervals. (6) After the public hearings, the department shall prepare a written summary of the comments received,· provide comments on the major concerns raised. make amendments to the updated plan, and determine whether the updated plan should be adopted. History: 1994, Act 451. Eff. Mar. 30. 1995;-Am. 1995. Act 61. lmd. Eff. May 24. 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11111 State hazardous waste management plan; adoption or rejection; reason for rejection; return of plan; changing and reconsidering plan. Sec. 11111 . (I) The department. with the advice of the director of public health, shall adopt or reject the updated plan within 60 days. (2) If the department rejects the updated plan, it shall indicate its reason for rejection and return the updated plan for further work. (3) The department shall make the necessary changes and reconsider the updated plan within 30 days after receipt of the rejection. History: 1994. Act 451. Eff. Mar. 30. 1995. Popular name: Act 45 l Popular name: Hazardous Waste Act Popular name: NREPA 324.11112 State hazardous waste management plan; final decision; adoption. Sec. 11112. The department shall make a final decision on the updated plan within 120 days after the department first receives the updated plan. If the department fails to formally adopt or reject the updated plan within 120 days, the updated plan is considered adopted. History: 1994. Act 451 . Eff. Mar. 30. 1995. Popular name: Act 45 l Popular name: Hazardous Waste Act Popular name: NREPA 324.11114 Proposed rules to implement plan. Sec. 11114. Nol more than 180 days after the final adoption of the updated plan. the department shall submit to the legislature proposed rules to implement the updated plan created in section 11110. History: 1994, Act 451. Eff. Mar. 30. I 995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11115 Permits and licenses for treatment, storage, or disposal facility; determination; exception. Sec. 11115. After the updated plan is adopted, the department shall not issue a permit or license under this part for a treatment, storage, or disposal facility until the department has made a determination that the action Rendered Friday, February 2. 2018 © Legislative Council, State of Michigan Page 7 -34- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov is consistent with the updated plan. This section does not apply to a treatment. storage, or disposal facility granted a construction permit or a license under this part before the final adoption of the updated plan. However, such a facility shall be consistent with the state hazardous waste management plan adopted by the commission on January 15, 1982. History: 1994. Act 451. Eff. Mar. 30, 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.1111 Sa Facility subject to corrective action requirements; release of contaminant from waste management unit or release of hazardous waste from facility; determination by department; consent order; license, permit, or order; contents. Sec. I 1115a. (I) Beginning on June 4. 1992, the owner or operator, or both , of a facility specified in Lhis subsection is subject to the corrective action requirements specified in this part and the rules promulgated under this part for all releases of a contaminant from any waste management unit at the facility, regardless of when the contaminant may have been placed in or released from the waste management unit. This requirement applies to a facility for which the owner or operator, or both. is applying for or has been issued a license under this part. (2) Beginning on June 4, 1992, if the department, on the basis of any information, determines that there is or has been a release of a contaminant from any waste management unit at the facility, the department may order. or may enter a consent order with an owner or operator, or both, of a facility specified in subsection (I), requiring corrective action at the facility. A license, permit, or order issued or entered pursuant to this subsection shall contain all of the following: (a) Schedules of compliance for corrective action if corrective action cannot be completed before the issuance of the license, permit, or order. (b) Assurances of financial responsibility for completing the corrective action. (c) Requirements that corrective action be taken beyond the facility boundary if the release of a c.ontaminant has or may have migrated or otherwise has or may have been emitted beyond the facility boundary, unless the owner or operator of the facility demonstrates to the satisfaction of the department that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake this corrective action. (3) Beginning on June 4. 1992, the owner or operator, or both, of a facility specified in this subsection and not in subsection (I) is subject to the corrective action requirements specified in this part and the rules promulgated under this part for all releases of a hazardous waste from the facility, regardless of when the hazardous waste may have been placed in or released from the facility. This requirement applies to a facility for which the owner or operator, or both, is or was subject to the interim status requirements defined in the solid waste disposal act, except for those facilities that have received formal written approval of the withdrawal of their United States environmental protection agency part A hazardous waste permit application from the department or the United States environmental protection agency. (4) Beginning on June 4, 1992, if the department, on the basis of any information, determines that there is or has been a release of a hazardous waste, the department may order, or may enter a consent order with, an owner or operator, or both, of a facility specified in subsection (3), requiring corrective action at the facility. An order issued or entered pursuant to this subsection shall contain both of the following: (a) Schedules of compliance for corrective action. (b) Assurances of financial responsibility for completing the corrective action. History: 1994. Act 451, Eff. Mar. 30. 1995;-Am. 1995. Act 61. lmd. Eff. May 24, 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 et seq. of the Michigan Administrative Code. 324.11115b Corrective actions; satisfaction of remedial action obligations. Sec. 11 I I 5b. Corrective actions conducted pursuant to this part satisfy a person's remedial action obligations under part 201 and remedial obligations under part 31 for that release or threat of release. History: Add. 1995. Act 37. lmd. Eff. May 17. 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page a -35- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov Popular name: NREPA 324.11116-324.11118 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Compiler's note: The repealed sections per1ained to requirements for applications for construction pennits. 324.11118a Multisource commercial hazardous waste disposal well; definition; maintenance of treatment and storage facility; operating license required; business plan; applicability of subsection (3). Sec. l 1I18a. (l) As used in this section, "multisource commercial hazardous waste disposal well" has the meaning ascribed to that term in section 62506a. (2) A multisource commercial hazardous waste disposal well shall maintain on site a treatment facility and a storage facility that have obtained an operating license under section 11123. (3) Subject to subsection (4). in addition to the information required under section 11123. the owner or operator of a proposed treatment and storage facility with a multisource commercial hazardous waste disposal well shall provide to the department in an application for an operating license a business plan for the well operations. The business plan shall contain all of the following information: (a) The type, estimated quantities, and expected potential sources of wastes to be disposed of in the well. (b) A feasibility study on the viability of the disposal well operations. (c) Additional business plan information required by the department and related solely to the requirements of subdivisions (a) and (b). (d) Any additional business plan information if the department and applicant agree that such additional information should be submitted. (4) Subsection (3) applies only to a person who submits an application for an operating license, other than a renewal operatirig license. after the effective date of the 20 l 0 amendatory act that added this subsection. History: Add. 1996. Act 182, lmd. Eff. May 3. 19%;-Am. 2010, Act 357. lmd. Eff. Dec. 22. 2010. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11119, 324.11120 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Compiler's note: The repealed sections pertained to duties of depanment upon receipt of construction permit application and notification of affected municipalities and counties. 324.11121 Effect of local ordinance, permit requirement, or other requirement. Sec. 11121 . A local ordinance, permit requirement, or other requirement does not prohibit the construction of a treatment, storage, or disposal facility. except as otherwise provided in section 11123. History: 1994. Act 451. Eff. Mar. 30. 1995;-Am. 2010. Act 357. lmd. Eff. Dec. 22. 2010. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11122 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Compiler's note: The repealed section penaincd to establishment of limited storage facility. 324.11123 Operating license; contents of applications; schedule for submitting operating license application; time period for submitting complete operating license application; conditions for operating storage facility until application approved or denied; placement on department-organized mailing list; fee. Sec. 11123. (I) Unless a person is complying with subsection (8) or a rule promulgated under section 11127(4), a person shall not establish. construct, conduct, manage, maintain, or operate a treatment, storage, or disposal facility within this state without an operating license from the department. (2) An application for an operating license for a proposed treatment, storage, or disposal facility or the expansion, enlargement, or alteration of a treatment, storage, or disposal facility beyond its original authorized design capacity or beyond the area specified in an existing operating license, original construction pennit. or other authorization shall be submitted on a form provided by the department and contain all of the following: (a) The name and residence of the applicant. (b) The location of the proposed treatment. storage. or disposal facility project. Rendered Friday, February 2. 2018 © Legislative Council, State of Michigan Page9 -36- Michigan Compiled Laws Complete Through PA 10 ol 20t8 Courtesy of www.legislature.mi.gov (c) A copy of an actual published notice that the applicant published at least 30 days before submittal of the application in a newspaper having major circulation in the municipality and the immediate vicinity of the proposed treatment, storage, or disposal facility project. The notice shall contain a map indicating the location of the proposed treatment, storage, or disposal facility project and information on the nature and size of the proposed facility . In addition, as provided by the department, the notice shall contain a description of the application review process, the location where the complete application may be reviewed, and an explanation of how copies of the complete application may be obtained. (d) A written summary of the comments received at the public prcapplication meeting required by rule and the applicant's response to the comments, including any revisions to the application. (e) A determination of existing hydrogeological characteristics specified in a hydrogeological report and monitoring program consistent with rules promulgated under this part. (t) An environmental assessment. The environmental assessment shall include, at a minimum, an evaluation of the proposed facility's impact on the air, water. and other natural resources of this state, and also shall contain an environmental failure mode assessment. (g) The procedures for closure and postclosure monitoring. (h) An engineering plan. (i) Other information specified by rule or by federal regulation issued under the solid waste disposal act. U) An application fee. The application fee shall be deposited in the environmental pollution prevention fund created in section 11130. Pursuant to procedures established by rule, the application fee shall be $25,000.00 plus all of the following, as applicable: (i)For a landfill, surface irnpoundrnent, land treatment, or waste pile facility ................................. $ 9, 000. 00 (ii ) For an incinerator or treatment facility other than a treatment facility described in subparagraph (i) ............. $ 7,200.00 iii For a storage facility, other than storage that is associated with treatment or disposal activities that may be regulated under a single license .. $ 500.00 (k) Except as otherwise provided in this subdivision. a disclosure statement that includes all of the following: (i) The full name and business address of all of the following: (A) The applicant. (B) The 5 persons holding the largest shares of the equity in or debt liability of the proposed facility. The department may waive all or any portion of this requirement for an applicant that is a corporation with publicly traded stock. (C) The operator. If a waiver is obtained under sub-subparagraph (B), detailed information regarding the proposed operator shall be included in the disclosure statement. (D) If known, the 3 employees of the operator who will have the most responsibility for the day-to-day operation of the facility, including their previous experience with other hazardous waste treatment, storage, or disposal facilities. Rendered Friday. February 2, 2018 © Legislative Council, State of Michigan Page 10 -37- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov (E) Any other partnership, corporation, association, or other legal entity if any person required to be listed under sub-subparagraphs (A) to (D) has at any time had 25% or more of the equity in or debt liability of that legal entity. The department may waive all or any portion of this requirement for an applicant that is a corporation with publicly traded stock. (ii) For each person required to be listed under this subdivision, a list of all convictions for criminal violations of any statute enacted by a federal , state, Canadian, or Canadian provincial agency if the statute is an environmental statute, if the violation was a misdemeanor committed in furtherance of obtaining an operating license under this part not more than 5 years before the application is filed, or if the violation was a felony committed in furtherance of obtaining an operating license under this part not more than JO years before the application is filed. If debt liability is held by a chartered lending institution, information required in this subparagraph and subparagraphs (iii) and (iv) is not required from that institution. The department shall submit to the legislature a report on the 2014 act that amended this subparagraph, including the number of permits denied as a result of that act and whether this subparagraph should be further amended. The report shall cover the 5-year period after the effective date of that act and shall be submitted within 60 days after the expiration of that 5-year period. The report may be submitted electronically. (iii) A list of all environmental permits or licenses issued by a federal, state, local , Canadian , or Canadian provincial agency held by each person required to be listed under this subdivision that were permanently revoked because of noncompliance. (iv) A list of all activities at property owned or operated by each person required to be listed under this subdivision that resulted in a threat or potential threat to the environment and for which public funds were used to finance an activity to mitigate the threat or potential threat to the environment, except if the public funds expended to facilitate the mitigation of environmental contamination were voluntarily and expeditiously recovered from the applicant or other listed person without litigation. (/) A demonstration that the applicant has considered each of the following: (i) The risk and impact of accident during the transportation of hazardous waste to the treatment, storage, or disposal facility. (ii) The risk and impact of fires or explosions from improper treatment, storage. and disposal methods at the treatment, storage, or disposal facility. (iii) The impact on the municipality where the proposed treatment. storage, or disposal facility is to be located in terms of health, safety. cost, and consistency with local planning and existing development, including proximity to housing, schools, and public facilities. (iv) The nature of the probable environmental impact, including the specification of the predictable adverse effects on each of the following: (A) The natural environment and ecology. (B) Public health and safety. (C) Scenic, historic, cultural , and recreational values. (D) Water and air quality and wildlife. (m) A summary of measures evaluated to mitigate the impacts identified in subdivision (/) and a detailed description of the measures .to be implemented by the applicant. (n) A schedule for submittal of all of the following postconstruction documentation: (i) Any changes in, or additions to. the previously submitted disclosure information, or a certification that the disclosure listings previously submitted continue to be correct, following completion of construction of the treatment, storage, or disposal facility. (ii) A certification under the seal of a licensed 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. including as-built plans. (iii) A certification of the treatment, storage, or disposal facility's capability of treating, storing, or disposing of hazardous waste in compliance with this part. (iv) Proof of financial assurance as required by rule. (3) If any information required to be included in the disclosure statement under subsection (2)(k) changes or is supplemented after the filing of the statement, the applicant or licensee shall provide that information to the department in writing not later than 30 days after the change or addition. (4) Notwithstanding any other provision of law, the department may deny an application for an operating license if there are any listings pursuant to subsection (2)(k)(ii), (iii), or (iv) as originally disclosed or as supplemented. (5) The application for an operating license for a proposed limited storage facility, which is subject to the requirements pertaining to storage facilities, shall be submitted on a form provided by the department and contain all of the following: Rendered Friday. February 2. 2018 © Legislative Council, State of Michigan Page 11 -38- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov (a) The name and residence of the applicant. (b) The location of the proposed facility. (~) A_ determination o'. existing hydrogeological characteristics specified in a hydrogeological report and monitoring program consistent with rules promulgated under this part. (d) An environmental assessment. The environmental assessment shall include, at a minimum. an evaluation of the proposed facility's impact on the air, water, and other natural resources of this state, and also shall contain an environmental failure mode assessment. (e) The procedures for closure. (f) An engineering plan. (g) Proof of financial responsibility. (h) A resolution or other formal determination of the governing body of each municipality in which the proposed limited storage facility would be located indicating that the limited storage facility is compatible with the zoning ordinance of that municipality, if any. However, in the absence of a resolution or other formal determination, the application shall include a copy of a registered letter sent to the municipality at least 60 days before the application submittal. indicating the intent to construct a limited storage facility. and requesting a formal determination on whether the proposed facility is compatible with the zoning ordinance of that municipality, if any. in effect on the date the letter is received, and indicating that failure to pass a resolution or make a formal determination within 60 days of receipt of the letter means that the proposed facility is to be considered compatible with any applicable zoning ordinance. If, within 60 days of receiving a registered letter, a municipality does not make a formal determination concerning whether a proposed limited storage facility is compatible with a zoning ordinance of that municipality as in effect on the date the letter is received, the limited storage facility is considered compatible with any zoning ordinance of that municipality, and incompatibility with a zoning ordinance of that municipality is not a basis for the department to deny the license. (i) An application fee of $500.00. The application fee shall be deposited in the environmental pollution prevention fund created in section l I 130. U) Other information specified by rule or by federal regulation issued under the solid waste disposal act. (6) The application for an operating license for a treatment, storage, or disposal facility other than a facility identified in subsection (2) or (5) shall be made on a form provided by the department and include all of the following: (a) The name and residence of the applicant. (b) The location of the existing treatment, storage, or disposal facility. (c) Other information considered necessary by the department or specified in this section, by rule, or by federal regulation issued under the solid waste disposal act. (d) Proof of financial responsibility. 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. (e) A fee of $500.00. The fee shall be deposited in the environmental pollution prevention fund created in section 11130. (7) The department shall establish a schedule for requiring each person subject to subsection (8) to submit an operating license application. The department may adjust this schedule as necessary. Each person subject to subsection (8) shall submit a complete operating license application within 180 days of the date requested to do so by the department. (8) 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 requirements 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 (7). (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 re.gulation under subtitle C of the solid waste disposal act, 42 USC 6921 to 6939e, and has not had interim status terminated. (9) A person may request to be placed on a department-organized mailing list to be kept informed of any rules, plans, operating license applications, contested case hearings. public hearings, or other information or procedures relating to the administration of this part. The department may charge a fee to cover the cost oflhe Rendered Friday, February 2, 2018 Page 12 Michigan Compiled Laws Complete Through PA 10 of 2018 © Legislative Council, State of Michigan Courtesy ofwww.legislature.mi.gov -39- materials. History: 1994, Act 451. Eff. Mar. JO, 1995;-Am. 2010. Act 357. lmd. Eff. Dec. 22, 2010;-Am. 2014. Act 254. lmd. Eff. June 30. 2014. Popular name: Act 45 I Popular name: Hazardous Wa.-te Act Popular name: NREPA Administrative rules: R 299.9101 ct seq. of the Michigan Administrative Code. 324.11124 Inspection of site; determination of compliance; filing and review of inspection report. Sec. 11124. (1) Following the construction of the proposed treatment, storage, or disposal facility or the expansion, enlargement, or alteration of a treatment, storage, or disposal facility beyond its original authorized design capacity or beyond the area specified in an existing operating license. original construction permit. or other authorization. and the receipt of the postconstruction documentation required under section 11123, the department shall inspect the site and determine if the proposed treatment, storage, or disposal facility complies with this part. the rules promulgated under this part, and the stipulations included in the approved treatment, storage, or disposal facility operating license. An inspection report shall be tiled in writing by the department before issuing final authorization to manage, maintain. and operate the treatment, storage. or disposal facility and shall be made available for public review. (2) Upon receipt of an operating license application meeting the requirements of section 11123(6), the department shall inspect the site and determine if the treatment, storage, or disposal facility complies with this part and the rules promulgated under this part. An inspection report shall be filed in writing by the department before issuing an operating license. History: 1994. Act451. Eff. Mar. 30. 1995;-Am. 2010. Act 357. lmd. Eff. Dec. 22. 2010. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11125 Duties of department upon receipt of operating license application; establishment of operating license condition; final decision on operating license application; public hearing; notice; time; extension of deadline; stipulations; operation not prohibited by local ordinance, permit, or other requirement; changes or additions to disclosure statement; denial of application; modification or revocation of operating license; conditions; postconstruction documentation. Sec. 11125 . (I) Upon receipt of an operating license application that complies with the requirements of section 11123(2), the department shall do all of the following: (a) Notify the municipality and county in which the treatment, storage, or disposal facility is located or proposed to be located; a local soil erosion and sedimentation control agency appointed pursuant to part 91; each division within the department that has responsibility in land. air, or water management; a regional planning agency established by executive directive of the governor; and other appropriate agencies. The notice shall describe the procedure by which the license may be approved or denied. (b) Review the plans of the proposed treatment, storage. or disposal facility to determine if the proposed operation complies with this part and the rules promulgated under this part. The review shall be made within the department. The review shall include, but need not be limited to. a review or air quality, water quality, waste management. hydrogeology, and the applicant's disclosure statement. A written and signed review by each person within the department reviewing the application and plans shall be received and filed in the department's license application records before an operating license is issued or denied by the department. (c) Integrate the relevant provisions of all permits that the applicant is required to obtain from the department to construct the proposed treatment, storage, or disposal facility into the operating license required by this part. (d) Consider the mitigation measures proposed to be implemented as identified in section l l 123(2)(m). (e) Hold a public hearing not more than 60 days after receipt of the application. (2) The department may establish operating license conditions specifically applicable to the treatment. storage, or disposal facility and operation at that site to mitigate adverse impacts. (3) The department shall provide notice and an opportunity for a public hearing before making a final decision on an operating license application. (4) The department shall make a final decision on an operating license application within 140 days afler Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 13 -40- Michigan Compiled Laws Complete Through PA 10 ol 2018 Courtesy ofwww.legislature.mi.gov ~he depa~tment receives~ complete application. However, if the state's hazardous waste management program is authorized by the United States environmental protection agency under section 3006 of subtitle C of the solid waste disposal act, 42 USC 6926, the department may extend the deadline beyond the limitation provided in this section in order to fulfill the public participation requirements of the solid waste disposal act. The operating license may contain stipulations specifically applicable to site and operation. (5) A local ordinance, permit, or other requirement shall not prohibit the operation of a licensed treatment, storage, or disposal facility. (6) If any information required to be included in the disclosure statement required under section 11123 changes or is supplemented after the filing of the statement, the applicant or licensee shall provide that information lo the department in writing within 30 days after the change or addition. (7) The department may deny an operating license application submitted pursuant to section 11123 if any information described in section I I 123(2)(k)(ii) to (iv) was not disclosed as required in section 11123(2) or this section. (8) The department shall provide notice of the final decision to persons on the organized mailing list for the facility. (9) Following the construction of a new, expanded, enlarged. or altered treatment, storage, or disposal facility, the department shall review all information required to be submitted by the operating license. If the department finds that the owner or operator has deviated from the specific conditions established in the operating license, the department shall determine if cause exists for modification or revocation of the operating license, in accordance with provisions established by rule. At a minimum, the postconstruction documentation shall include all of the following: (a) Updated disclosure information or a certification as described in section l l I 23(2)(n)(i). (b) A certification of construction as described in section l l 123(2)(n)(ii). The department shall require additional certification periodically during the operation or in order to verify proper closure of the site. (c) A certification of capability signed and sealed by a licensed professional engineer as described in section l l l 23(2)(n)(iii). (d) Information regarding any deviations from the specific conditions in the operating license. (e) Proofoffinancial responsibility. History: 1994. Act 451. Eff. Mar. 30. 1995;--Arn. 2010. Act 357, lmd. Eff. Dec. 22. 2010. Popular name: Act 451 Popular nnmc: Hazardous Waste Act Popular name: NREPA 324.11126 Coordinating and integrating provisions of act; extent. Sec. 11126. The department shall coordinate and integrate the provisions of this part for purposes of administration and enforcement with appropriate state and federal law including the clean air act, chapter 360, 69 Stat. 322. 42 U .S .C. 740 l to 7431. 7470 to 7479, 7491 to 7492, 750 l to 7509a, 7511 to 7515, 7521 to 7525, 7541 to 7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601 to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641to7642, 7651 to 76510, 7661 to 766lf, and 7671 to 767lq; the federal water pollution control act, chapter 758, 86 Stat. 816, 33 U.S.C. 1251 to 1252, 1253 to 1254, 1255 to 1257, 1258 to 1263, 1265 to 1270, 1281, 1282 to 1293, 1294 to 1299. 1311 to 1313, 1314 to 1326, 1328 to 1330, 1341 to 1345. 1361 to 1377, and 1381 to 1387; title XIV of the public health service act, chapter 373, 88 Stat. 1660; the toxic substances control act, Public Law 94-469. 15 U.S.C. 2601 to 2629, 2641 to 2656, 2661 to 2671, and 2681 to 2692; the resource conservation and recovery act of 1976, 42 U.S.C. 6901 to 6987; parts 31 , 55, 115, and 121; the safe drinking water act. 1976 PA 399, MCL 325.1001 to 325.1023; the fire prevention code. 1941 PA 207, MCL 29.l to 29.34; and the hazardous materials transportation act. The coordination and integration shall be effected only to the extent that it can be done in a manner consistent with the goals and policies of this part. History: 1994, Act 451. Eff. Mar. 30. 1995;-Am. 1998, Act 139, Eff. Sept. I. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11126a Fee schedule; report. Sec. 1 l l 26a. By September l, 1998, the department shall submit a report to the legislature that recommends a fee schedule to implement this parl. History: Add. 1998, Act 139. Eff. Sept. I. 1998. Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 14 -41- Michigan Compiled Laws Complete Through PA 10 ol 2018 Courtesy of www./egislature. migov Popular name: Acl 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11127 Rules generally; exemption; effect of amendment to part or rules, or changes in definitions. Sec. 11127. (I) The department shall submit to the legislature, after consultation with the department of public health, rules necessary to implement and administer this part. The rules required to be submitted by this subsection shall include, but not be limited to, requirements for generators, transporters, and treatment, storage, and disposal facilities. (2) The department may promulgate rules that ex.empt certain hazardous wastes and certain treatment, storage, or disposal facilities from all or portions of the requirements of this part as necessary to obtain or maintain authorization from the United States environmental protection agency under the solid waste disposal act. or upon a determination by the department that a hazardous waste or a treatment, storage, or disposal facility is adequately regulated under other state or federal law and that scientific data supports a conclusion that an exemption will not result in an impairment of the department's ability to protect the public health and the environment. However, an exemption granted pursuant to this subsection shall not result in a level of regulation less stringent than that required under the solid waste disposal act. (3) If an amendment to this part or the rules promulgated under this part subjects a person to a new or different licensing requirement of this part, the department shall promulgate rules to facilitate orderly and reasonable compliance by that person. (4) Changes in the definition of hazardous waste contained in section 11103 and the definition of treatment contained in section 11104 effected by the 1982 amendatory act that amended former Act No. 64 of the Public Acts of 1979 do not eliminate any exemption provided to any hazardous waste or to any treatment, storage, or disposal facility under administrative rules promulgated under former Act No. 64 of the Public Acts of 1979 before March 30, 1983. However, these exemptions may be modified or eliminated by administrative rules promulgated after March 30, 1983 under former Act No. 64 of the Public Acts of 1979 or under this part in order that the state may obtain authorization from the United States environmental protection agency under the solid waste disposal act, or to provide adequate protection to the public health or the environment. History: 1994, Act 451, Eff. Mar. JO. 1995. Popular name: Act 451 Popular name: Hazardous Wasle Act Popular name: NREPA Administrative rules: R 299.910 I et seq. of the Michigan Administralive Code. 324.11128 Rules listing hazardous waste and other criteria; revision; removing certain materials from list; public hearings; construction of part, rules, and list. Sec. 11128. (I) The department shall submit to the legislature proposed rules listing hazardous waste and other criteria as required by this part. The rules shall state the criteria for identifying the characteristics of hazardous waste and for listing the types of hazardous waste, taking into account toxicity, persistence, degradability in nature. potential for accumulation in tissue, and other related factors including flammability, corrosiveness, and other hazardous characteristics. The department shall revise by rule the criteria and listing as necessary. A rule promulgated for the purpose of removing from the list those materials removed from the federal list of regulated materials or removing from management as a hazardous waste those wastes that have been exempted from management under the solid waste disposal act are not required to meet the requiremenls of sections 41, 42, and 45(2) of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969. being sections 24.241, 24.242, and 24.245 of the Michigan Compiled Laws. (2) Before the department establishes the list, the department shall hold not less than 3 public hearings in different municipalities in the state. To ensure consistency between federal and state requirements, this part, the rules promulgated by the department, and the list shall be construed to conform as closely as possible to requirements established under the solid waste disposal act. History: 1994. Act 451. Eff. Mar. 30. 1995. Popular name: Act 45 l Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 et seq. of the Michigan Administrative Code. Rendered Friday. February 2, 2018 © Legislative Council, State of Michigan Page 15 -42- Michigan Compiled Laws Complete Through PA 1 O of 2018 Courtesy of wwwJegislature. mi.gov 324.11129 Information as public record; confidential information; notice of request for information; demonstration by person regulated; granting or denying request; certain data not confidential; release of confidential information. Sec. 11129. (I) Except as provided in subsections (2) and (3), information obtained by the department under this part is a public record subject to disclosure as provided in the freedom of information act, 1976 PA 442.MCL 15.231to15.2-%. (2) A person regulated under this part may designate a record, permit application, other information, or a portion of a record. permit application, or other information furnished to or obtained by the department or its agents as being only for the confidential use of the department. The department shall notify the regulated person of a request for public records under section 5 of the freedom of information act, I 976 PA 442, MCL 15.235. whose scope includes information designated as confidential. The person regulated under this part has 30 days after the receipt of the notice to demonstrate to the department that the information designated as confidential should not be disclosed because the information is a trade secret or secret process or is production, commercial, or financial information the disclosure of which would jeopardize the competitive position of the person from whom the information was obtained and make available information not otherwise publicly available. The department shall grant the request for the information unless the person regulated under this part makes a satisfactory demonstration to the department that the information should not be disclosed. If there is a dispute between the owner or operator of a treatment. storage, or disposal facility and the person requesting information under the freedom of information act. 1976 PA 442, MCL 15.231 to 15.246, the director of the department shall make the decision to grant or deny the request. When the department makes a decision to grant a request. the information requested shall not be released until 3 days have elapsed after the decision is made. (3) Data on the quantity or composition of hazardous waste generated, transported, treated. stored. or disposed of; air and water emission factors, rates and characterizations; emissions during malfunctions of equipment required under this part on treatment, storage, or disposal facilities; or the efficiency of air and water pollution control devices is not rendered as confidential information by this section. (4) The department may release any information obtained under this part, including a record, permit application. or other information considered confidential pursuant to subsection (I), to the United States environmental protection agency, the United States agency for toxic substance disease registry, or other agency authorized to receive information, including confidential information. under the solid waste disposal act. History: 1994, Act 451. Eff. Mar. 30, 1995;-Am. 2010, Act 357. lmd. Eff. Dec. 22. 2010. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11130 Environmental pollution prevention fund; creation; receipt and disposition of assets; investment; administration. Sec. I 1 130. (I) The environmental pollution prevention fund is created in the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the environmental pollution prevention fund or into an account within the environmental pollution prevention fund. The state treasurer shall direct the investment of the environmental pollution prevention fund. The state treasurer shall credit to each account within the environmental pollution prevention fund interest and earnings from account investments. (3) Money remaining in the environmental pollution prevention fund and in any account within the environmental pollution prevention fund at the close of the fiscal year shall not lapse to the general fund. The department shall be the administrator of the fund for auditing purposes. History: 1994, Act 451, Eff. Mar. 30, 1995:-Am. 1998. Act 139. Eff. Sept. I. 1998:-Am. 2001, Act 165. lmd. Eff. Nov. 7. 2001; -Am. 20l3. Act 73. Eff. Oct. I. 2013. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 et seq. of the Michigan Administrative Code. 324.11132 Repealed.1998, Act 139, Eff. Sept.1, 1998. Compiler's note: The repealed section pertained to requirements for hazardous waste transporter business license. Popular name: Act 451 Rendered Friday, February 2. 2018 © Legislative Council, State of Michigan Page 16 -43- Michigan Compiled Laws Complete Through PA 10 or 2018 Courtesy of www./egislature.migov Popular name: Hazardous Waste Act Popular name: NREPA 324.11132a Transporter; duties; inspection; establishment of standards and requirements by rule. Sec. I I I 32a. (I) A transporter shall do all of the following: (a) Obtain and utilize an environmental protection agency identification number in accordance with the rules promulgated under this part. (b) If transporting by highway, register and be permitted in accordance with the hazardous materials transportation act and carry a copy of the registration and permit on the vehicle for inspection by the department, the department of state police, a peace officer, or a representative of the United States environmental protection agency. (c) Comply with the transfer facility operating and financial responsibility requirements as required by the rules promulgated under this part. (d) Comply with the consolidation and commingling requirements as required by the rules promulgated under this part. (e) Comply with the vehicle requirements as required by the rules promulgated under this part. (f) Utilize, complete, and retain a manifest for each shipment of hazardous waste as required by this part and the rules promulgated under this part. (g) Keep all records readily available for review and inspection by the department. the department of state police, a peace officer, or a representative of the United States environmental protection agency. (h) Retain all records as required by the rules promulgated under this part for a period of 3 years. The retention period required by this subdivision is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. (i) Comply with the reporting requirements as required by the rules promulgated under this part. (j) Comply with the import and export requirements as required by the rules promulgated under this part. (k) Comply with the requirements regarding hazardous waste discharges as required by the rules promulgated under this part. ([) Comply with the land disposal restriction requirements as required by the rules promulgated under this part. (m) Comply with the universal waste requirements as required by the rules promulgated under this part. (n) Keep the outside of all vehicles and accessory equipment free of hazardous waste or hazardous waste constituents. (2) The department may conduct an inspection to verify that the equipment, location, and methods of a transporter are adequate to effectuate service under this part and the rules promulgated under this part. The department shall establish, by rule, the inspection standards and requirements. History: Add. 1998. Act 139. Eff. Sept. I. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 et seq. of the Michigan Administrative Code. 324.11133 Hazardous waste transporter business license; revocation. Sec. 11133. A hazardous waste transporter business license issued under this part shall be revoked if the holder of the license selected a treatment, storage, or disposal facility which is operated contrary to this part or the rules promulgated under this part or uses a vehicle to store. treat, transport. or dispose of hazardous waste contrary to this part or the rules promulgated under this part. History: l994. Act 451, Eff. Mar. 30. 1995:-Am. 1998. Act IJ9, Eff. Sept. I. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11134 Municipality or county; prohibited conduct. Sec. 11134. A municipality or county shall not prohibit the transportation of hazardous waste through the municipality or county or prevent the ingress and egress into a licensed treatment, storage. or disposal facility. History: 1994, Act 451, Eff. Mar. 30, 1995. Popular name: Act 451 Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 17 -44- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www./egis/ature.m1:gov Popular name: Hazardous Waste Act Popular name: NREPA 324.11135 Manifest; user charge; payment; violations; deposit of amounts in environmental pollution prevention fund; maintenance of information for reporting purposes; evaluation; report; contents; submission of copy to department; certification; specified destination; determining status of specified waste; exception report; retention period for copy of manifest; extension. Sec. I I 135. (I) A hazardous waste generator shall provide a separate manifest to the transporter for each load of hazardous waste transported to property that is not on the site where it was generated. Until October 1, 2021, a person required lo prepare a manifest shall submit to the department a manifest processing user charge of $8.00 per manifest and his or her tax identification number. Money collected under this subsection shall be forwarded to the state treasurer for deposit into the environmental pollution prevention fund created in section 11130. (2) Manifest processing user charges under subsection (I) shall be paid using a form provided by the department. The department shall send a form to each person subject to the manifest processing user charge by March 30 of each year. The form shall specify the number of manifests prepared by that person and processed by the department during the previous calendar year. A person subject to the manifest processing user charge shall return the completed form and the appropriate payment to the department by April 30 of each year. (3) A person who fails to provide timely and accurate information, a complete form. or the appropriate manifest processing user charge as provided for in this section is in violation of this part and is subject to both of the following: (a) Payment of the manifest processing user charge and an administrative fine of 5% of the amount owed for each month that the payment is delinquent. Any payments received after the fifteenth day of the month after the due date are delinquent for that month. However, the administrative fine shall not exceed 25% of the total amount owed. (b) Beginning 5 months after the dale payment of the manifest user charge is due, but not paid. at the request of the department. an action by the attorney general for the collection of the amount owed under subdivision (a) and the actual cost to the department in attempting to collect the amount owed under subdivision (a). (4) Any amounts collected under subsection (3) for a violation of this section shall be forwarded to the state treasurer and deposited in the environmental pollution prevention fund created in section 11130. (5) The department shall maintain information regarding the manifest processing user charges received under this section as necessary to satisfy the reporting requirements of subsection (6). (6) The department shall evaluate the effectiveness and adequacy of the manifest processing user charges collected under this section relative to the overall revenue needs of the state's hazardous waste management program administered under this part. Not later than April I of each even-numbered year, the department shall submit to the legislature a report summarizing its findings under this subsection. (7) A generator shall include on the manifest details as specified by the department and shall at least include a sufficient qualitative and quantitative analysis and a physical description of the hazardous waste to evaluate toxicity and methods of transportation, storage, and disposal. The manifest also shall include safety precautions as necessary for each load of hazardous waste. The generator shall submit to the department a copy of the manifest within I 0 days after the end of the month for each load of hazardous waste transported within that month. (8) A generator shall certify that the information contained on a manifest prepared by the generator is accurate. (9) The specified destination of each load of hazardous waste identified on the manifest shall be a designated facility. (I 0) If a generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days after the date on which the hazardous waste was accepted by the initial transporter, the generator shall contact the transporter to determine the status of the hazardous waste. If the generator is unable to determine the status of the hazardous waste upon contacting the transporter, the generator shall contact the owner or operator of the designated facility to which the hazardous waste was to be transported to determine the status of the hazardous waste. ( 11) A generator shall submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days after the date on which the hazardous waste was accepted by the initial transporter. The exception report Rendered Friday, February 2, 2018 Page 18 Michigan Compiled Laws Complete Through PA 10 of 2018 © Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov -45- shall include all of the following: (a) A legible copy of the manifest. (b) A cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts. ( 12) A generator shall keep a copy of each manifest signed and dated by the initial transporter for 3 years or until the generator receives a signed and dated copy from the owner or operator of the designated facility that received the hazardous waste. The generator shall keep the copy of the manifest signed and dated by the owner or operator of the designated facility for 3 years. The retention periods required by this subsection are automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. History: 1994. Act 451. Eff. Mar. JO. 1995:-Am. 2001, Act 165. lmd. Eff. Nov. 7. 2001:-Am. 2007. Act 75. lmd. Eff. Sept 30. 2007;-Am. 2008. Act 403. lmd. Eff. Jan. 6. 2009;-Am. 2011. Act 90. lmd. Eff. July 15. 2011;-Am. 2013. Act 73. Eff. Ocl. I. 2013: -Am. 2014. Act 287. lmd. Eff. Sept. 23, 2014;-Am. 2017, Act 90. lmd. Eff. July 12. 2017. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11136 Certifying acceptance of waste for transportation; delivery of hazardous waste and manifest; period for keeping copy of manifest; review and inspection of manifest; extension of retention period. Sec. 11136. (I) The hazardous waste transporter shall certify acceptance of waste for transportation and shall deliver the hazardous waste and accompanying manifest only to the destination specified by the generator on the manifest. (2) The hazardous waste transporter shall keep a copy of the manifest for a period of 3 years and shall make it readily available for review and inspection by the department, the director of public health, an authorized representative of the director of public health, a peace officer, or a representative of the United States environmental protection agency. The retention period required by this subsection shall be automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. History: 1994, Act 451, Eff. Mar. 30. 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11137 Accepting delivery of hazardous waste; condition; duties of owner or operator. Sec. 11137. The treatment. storage, or disposal facility owner or operator shall accept delivery of hazardous waste only if delivery is accompanied by a manifest properly certified by both the generator and the transporter and the treatment, storage, or disposal facility is the destination indicated on the manifest. The treatment, storage, or disposal facility owner or operator also shall do all of the following: (a) Certify on the manifest receipt of the hazardous waste and return a signed copy of the manifest to the department within a period of 10 days after the end of the month for all hazardous waste received within that month. (b) Return a signed copy of the manifest to the generator. (c) Keep permanent records pursuant to the rules promulgated by the department. (d) Compile a periodic report of hazardous waste treated, stored, or disposed of as required by the department under rules promulgated by the department. (e) Retain a copy of each manifest and report described in this section for a period of 3 years and make each copy readily available for review and inspection by the department, the director of public health or a designated representative of the director of public health, a peace officer, or a representative of the United States environmental protection agency. The retention period required by this subdivision is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. History: 1994, Act 451. Eff. Mar. 30. 1995. Popular na10e: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.910 I ct seq. of the Michigan Administrative Code. Rendered Friday, February 2, 2018 Page 19 Michigan Compiled Laws Complete Through PA 10 of 2018 ©Legislative Council, State of Michigan Courtesyofwww.legislature.mi.gov -46- 324.11138 Generator of hazardous waste; duties; records; report. Sec. 11138. (I) A generator of hazardous waste shall do all of the following: (a) Compile and maintain information and records regarding the quantities of hazardous waste generated, characteristics and composition of the hazardous waste, and the disposition of hazardous waste generated. (b) Utilize proper labeling and containerization of hazardous waste as required by the department. (c) Provide for the transport of hazardous waste only by a transporter permitted under the hazardous materials transportation act. (d) Utilize and retain a manifest for each shipment of hazardous waste transported to property that is not on site as required by section 11135 and assure that the treatment, storage, or disposal facility to which the waste is transported is a designated facility. (e) Provide the information on the manifest as required under section 11135( 1) to each person transporting. treating. storing, or disposing of hazardous waste. (t) Keep all records readily available for review and inspection by the department, the department of state police, a peace officer, or a representative of the United States environmental protection agency. (g) Retain all records for a period of 3 years. The retention period required by this subdivision is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. (hJ Compile and submit a periodic report of hazardous waste generated, stored, transferred, treated, disposed of, or transported for treatment, storage. or disposal as required by the department. (2) A generator who also operates a treatment, storage, or disposal facility shall keep records of all hazardous waste produced and treated, stored; or disposed. The generator shall submit a report to the department within a period of 10 days after the end of each month for all waste produced and treated, stored, or disposed. History: 1994. Act 451. Eff. Mar. 30. 1995;-Am. 1998. Act 139, Eff. Sept. I, 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11139 Condition of obtaining operating license for disposal facility; condition of obtaining operating license for landfill. Sec. 11139. (I) As a condition of obtaining an operating license for a disposal facility pursuant to section 11123, the applicant shall demonstrate to the department that the owner of the property has recorded on the deed to the property or some other document that is normally examined during a title search a notice that will notify in perpetuity any potential purchaser of the following: (a) That the property has been used to manage hazardous wastes. (b) That the use of the land should not disturb the final cover. liners. components of any containment system, or the function of the monitoring systems on or in the property. (c) That the survey plat and records of type, location, and quantity of hazardous waste on or in the property have been filed with the local zoning or land use authority as required by the rules promulgated under this part. (2) As a condition of obtaining an operating license for a landfill pursuant to section 11123. the applicant shall demonstrate to the department that an instrument imposing a restrictive covenant upon the land involved has been executed by all of the owners of the tract of land upon which the landfill is to be located. The instrument imposing the restrictive covenant shall be filed for record by the department in the office of the register of deeds in the county in which the disposal facility is located. The covenant shall state that the land has been or may be used as a landfill for disposal of hazardous waste and that neither the property owners, agents, or employees, nor any of their heirs, successors, lessees, or assignees shall engage in filling, grading, excavating, building, drilling, or mining on the property following completion of the landfill without authorization of the department. In giving authorization, the department shall consider, at a minimum, the original design. type of operation, hazardous waste deposited, and the state of decomposition of the fill. Before authorizing any activity that would disturb the integrity of the final cover of a landfill, the department must find either that the disturbance of the final cover is necessary to the proposed use of the property and will not increase the potential hazard to human health or the environment or that disturbance of the final cover is necessary to reduce a threat to human health or the environment. History: 1994. Act 451. Eff. Mar. 30, 1995. Popular name: Act 451 Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 20 -47- Michigan Compiled Laws Complele Through PA 10 of 2016 Courtesy of www.legislature.mi.gov Popular name: Hazardous Waste Act Popular name: NREPA 324.11140 Closure and postclosure monitoring and maintenance plan; submission; contents; rules. Sec. 1114-0. (I) The owner or operator of a treatment. storage, or disposal facility shall submit a closure plan to the department as part of the application for an operating license under section 11123. Jn addition, the owner or operator of a disposal facility shall submit a postclosure monitoring and maintenance plan to the department as part of the application. At a minimum. the closure plan shall include a description of how the facility shall be closed, possible uses of the land after closure, anticipated time until closure. estimated time for closure. and each anticipated partial closure. Those facilities described in section 11123(6) and (8) shall submit a closure and. if required by rule, a postclosure plan with their operating license application. (2) The department shall promulgate rules regarding notification before closure of a treatment, storage, or disposal facility, length of time permitted for closure, removal and decontamination of equipment, security, groundwater and leachate monitoring system, sampling analysis and reporting requirements, and any other pertinent requirements. History: 1994. Act 451 . Eff. Mar. 30. 1995;-Am. 2010. Act 357. fmd. Eff. Dec. 22. 2010. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.910 I ct seq. of the Michigan Administrative Code. 324.11141 Cost of closing and postclosure monitoring and maintenance of facility; methods of assurance; amount; periodic adjustment; violation. Sec. 11141. An owner or operator of a treatment. storage, or disposal facility shall file, as a part of the application for a license to operate, a surety bond or other suitable instrument or mechanism or establish a secured trust fund, as approved by the department, to cover the cost of closing the treatment, storage, or disposal facility after its capacity is reached or operations have otherwise terminated. In addition, the owner or operator of a disposal facility shall also file a surety bond or other suitable instrument or mechanism or establish a secured trust fund, approved by the department, to cover the cost of postclosure monitoring and maintenance of the facility. An owner or operator may use a combination of bonds, instruments, mechanisms, or funds, as approved by the department, to satisfy the requirements of this section. The bond, instrument. mechanism, or fund, or combination of these methods of assurance, shall be in an amount equal to a reasonable estimate of the cost required to adequately close the facility, based on the level of operations proposed in lhe operating license application, and, with respect to a disposal facility, to monitor and maintain the site for a period of at least 30 years. The bond, instrument, mechanism, or fund, or the combination of these methods of assurance, shall be adjusted periodically as determined by rule to account for inflation or changes in the permitted level ofoperations. Failure to maintain the bond, instrument. mechanism, or fund, or combination of these methods of assurance, constitutes a violation of this part. History: 1994, Act 451. Eff. Mar. 30, 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 ct seq. of the Michigan Administrative Code. 324.11143 Hazardous waste service fund; creation; financing; uses of fund; administration; expenditures; expenses; rules. Sec. 11143 . (I) There is created \Vithin the state treasury a hazardous waste service fund of not less than $1 ,000,000.00 to be financed by appropriations for the following uses: (a) For hazardous waste emergencies as defined by rule. (b) For use in ensuring the closure and post closure monitoring and maintenance of treatment, storage, or disposal facilities. (2) The department shall administer the fund and authorize eKpenditures upon a finding of actual or potential environmental damage caused by hazardous waste or when the owner or operator of the treatment, storage, or disposal facility is not fulfilling his or her obligation in regard to closure or postclosure monitoring and maintenance of the site and the surety bond, instrument, mechanism, or secured trust fund maintained by the owner or operator of a treatment, storage, or disposal facility as required by section 11141 is inadequate or Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 21 -48- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov is no longer in effect. (3) After an expenditure from the fund, the department immediately shall request the attorney general to begin proceedings to recover any expenditure from the fund from the person responsible for the hazardous waste emergency or the owner or operator of a treatment. storage, or disposal facility who is not fulfilling his or her obligation in regard to closure or postclosure monitoring and maintenance of a facility. If the owner of the property refuses to pay expenses incurred. the expenses shall be assessed against the property and shall be collected and treated in the same manner as taxes assessed under the laws of the state. (4) The department shall promulgate rules to define a hazardous waste emergency and to establish the method of payment from the fund. History: 1994, Act 451 . Eff. Mar. 30. 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11144 Inspection; filing report for licensed facility; complaint or allegation; record; investigation; report; notice of violation or emergency situation. Sec. 11144. (I) The department shall inspect and file a written report not less than 4 times per year for each licensed treatment, storage, and disposal facility. (2) A person may register with the department a complaint or allegation of improper action or violation of this part. a rule, or a condition of the license to operate a treatment, storage, or disposal facility. (3) Upon receipt of a complaint or allegation from a municipality, the department shall make a record of the complaint and shall order an inspection of the treatment. storage, or disposal facility, or other location of alleged violation to investigate the complaint or allegation within not more than 5 business days after receipt of the complaint or allegation. If a complaint or allegation is of a highly serious nature, as determined by the department, the facility or the location of the alleged violation shall be inspected as quickly as possible. (4) Following an investigation of a complaint or allegation under subsection (3), the department shall make a written report to the municipality within 15 days. (5) A person who has knowledge that hazardous waste is being treated, disposed of, or stored in violation of this part shall notify the department. A person 1vho has knowledge that an emergency situation exists shall notify the departmem and the department of community health. History: 1994. Act 451. Eff. Mar. 30, 1995;-Am. 1998. Act 139. Eff. Sept. I. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11145 Administration and enforcement of part by certified health department; certification procedures; rescission of certification; annual grant; costs; rules. Sec. 11145. (I) The department may certify a city, county, or district health department to administer and enforce portions of this part but only to an extent consistent with obtaining and maintaining authorization of the state's hazardous waste management program pursuant to sections 3006 to 3009 of subtitle C of the solid waste disposal act. title II of Public Law 89-272, 42 U.S.C. 6926 to 6929. Certification procedures shall be established by the department by rule. The department may rescind certification upon the request of the certified city , county, or district health department. or after reasonable notice and hearing, if the department finds that a certified health department is not administering and enforcing this part as required. (2) In order for a certified health department to carry out the responsibilities authorized under this part, an annual grant shall be appropriated by the legislature from the general fund of the state to provide financial assistance to each certified health department. A certified health department shall be eligible to receive I 00% of its reasonable costs as determined by the department based on criteria established by rule. The department shall promulgate rules for distribution of the appropriated funds. History: 1994. Act 451 , Eff. Mar. 30. 1995. Popular name: Act 451 Popular name: Hazardous Waste Acl Popular name: NREPA Administratin rules: R 299.9101 el seq. of lhe Michigan Administrative Code. 324.11146 Request for information and records; purpose; court authorization; inspection; samples; probable cause as to violation; search and seizure; forfeiture. Rendered Friday. February 2. 2018 © Legislative Council, State of Michigan Page 22 -49- Micnigan Compiled Laws Complete Through PA 10 Ol 2018 Courtesy ofwww./egislature.mi.gov Sec. 11146. (I) Any person who generates, stores, treats, transports. disposes of, or otherwise handles or has handled hazardous waste shall furnish information relating to the hazardous wastes or permit access to and copying of all records relating to the hazardous wastes, or both, if the information and records are required to be kept under this part or the rules promulgated under this part. upon a request of the department. made for the purpose of developing a rule or enforcing or administering this part or a rule promulgated under this part. This subsection does not limit the department's authority to pursue appropriate court authorization in order to obtain information pertaining to enforcement actions under this part. (2) The department may enter at reasonable times any treatment. storage, or disposal facility or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from and may inspect the facility or other place and obtain from any person samples of the hazardous wastes and samples of the containers or labeling of the wastes for the purpose of developing a rule or enforcing or administering this part or a rule promulgated under this part. (3) If the department or a law enforcement official has probable cause to believe that a person is violating this part or a rule promulgated under this part, the department or law enforcement official may search without a warrant a vehicle or equipment that is possessed, used, or operated by that person. The department or a law enforcement official may seize a vehicle, equipment, or other property used or operated in a manner or for a purpose contrary to this part or a rule promulgated under this part. A vehicle, equipment. or other property used in violation of this part or a rule promulgated under this part is subject to seizure and forfeiture as provided in chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709. History: 1994, Act 451, Eff. Mar. 30. 1995;-Am. 1998, Act 139. Eff. Sepl. I. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11147 Violation as misdemeanor; penalty; appearance ticket. Sec. 11147. A person who violates section 1I132a(l)(b) or (n) or who violates rules promulgated under section l J 132a( I )(b) or (n) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both, for each violation. A law enforcement officer or a conservation officer may issue an appearance ticket to a person who is in violation of section l l l 32a(l )(b) or (n) or the rules promulgated under section l 1132a( 1 )(b) or (n). History: 1994, Act 451, Eff. Mar. 30, 1995:-Am. 1998. Act 139. Eff. Scpl. 1. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11148 Imminent and substantial hazard to health; endangering or causing damage to public health or environment; actions by director; determination. Sec. 11148. (I) Subject to subsection (2), upon receipt of information that the storage, transportation, treatment. or disposal of hazardous waste may present an imminent and substantial hazard to the health of persons or to the natural resources, or is endangering or causing damage to public health or the environment, the department, after consultation with the director of public health or a designated representative of the director of public health, shall take 1 or more of the following actions: (a) Issue an order directing the owner or operator of the treatment, storage, or disposal facility, the generator, the transporter, or the custodian of the hazardous waste that constitutes the hazard. to take the steps necessary to prevent the act or eliminate the practice that constitutes the hazard. The order may include permanent or temporary cessation of the operation of a treatment. storage, or disposal facility, generator. or transporter. An order issued under this subdivision may be issued without prior notice or hearing and shall be complied with immediately. An order issued under this subdivision shall not remain in effect more than 7 days without affording the owner or operator or custodian an opportunity for a hearing. In issuing an order calling for corrective action, the department shall specify the precise nature of the corrective action necessary and the specific time limits for performing the corrective action. If corrective action is not completed within the time limit specified and pursuant to the department's requirements, the department shall issue a cease and desist order against the owner or operator of the treatment, storage. or disposal facility, generator, or transporter and initiate action to revoke the operating license and take appropriate action. (b) Request that the attorney general commence an action to enjoin the act or practice and obtain injunctive relief upon a showing by the department that a person has engaged in the prohibited act or practice. (c) Revoke a permit, license, or construction permit after reasonable notice and hearing pursuant to the Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 23 -50- Michigan Compiled Laws Complete Through PA 10 of 2018 Cow1esy of wv.w.legisfature.mi.gov administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, if the department finds that a treatment, ~torage, or disposal facility is not, or has not been. constructed or operated pursuant to the approved plans or this part and the rules promulgated under this part, or the conditions of a license or construction permit. (2) A determination of an instance of imminent and substantial hazard to the health of persons shall be made by the director of community health . History: 1994, Act 451, Eff. Mar. 30, 1995:-Am. 1998. Act 139. Eff. Sept. I. 1998. Popular name: Act 45 I Popular name: Hazardous Waste Act Popular name: NREPA 324.11149 Tearing down, removing, or destroying sign or notice as misdemeanor; penalty. Sec. 11149. A person who willfully tears down, removes, or destroys any sign or notice warning of the presence of hazardous waste or marking the boundaries of a hazardous waste treatment, storage, or disposal facility is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. History: 1994, Act 451 , Eff. Mar. 30. 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11150 Order of noncompliance; order suspending or restricting license of facility. Sec. 11150. (I) Upon receipt and verification of information that a licensed storage, treatment. or disposal facility does not have or has not maintained a suitable instrument or mechanism required under section I I 141. or that the hazardous waste at the licensed facility exceeds the maximum quantities allowed under the storage. treatment. or disposal facility's license issued under this part. the department may issue an order of noncompliance directing the owner or operator of the storage, treatment. or disposal facility to take steps to eliminate the act or practice that results in a violation listed in this section. An order issued pursuant to this section shall specify the corrective action necessary and may order a licensed facility that has exceeded the maximum quantities of hazardous waste allowed under the terms of the facility's license to cease receiving hazardous waste. The order shall specify the time limit in which corrective action must be completed. If a licensed storage, treatment, or disposal facility comes into compliance with this part following the issuance of an order of noncompliance, the department shall send written verification of compliance to the owner or operator of the facility. (2) An order of noncompliance issued pursuant to subsection (I) that requires a licensed facility to reduce the quantity of hazardous waste on site and to cease receiving hazardous waste shall not remain in effect for more than 7 days without affording the owner or operator an opportunity for a hearing. If the order remains in effect following the hearing, or if the owner or operator of the facility waives his or her right to a hearing, the owner or operator shall cooperate with the department in developing and implementing a compliance plan to reduce the amount of hazardous waste at the facility. If the department determines that the owner or operator has failed to make reasonable and continuous efforts to comply with the order of noncompliance and the resulting compliance plan. the department may issue an order suspending or restricting the facility's license pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. An order provided for in this subsection that suspends or restricts a license following the licensed facility's failure to comply with an order of noncompliance provided for in this section shall not remain in effect for more than 7 days without affording the owner or operator of the facility an opportunity for a hearing to contest the suspension or restriction. (3) If the owner or operator of a storage, treatment, or disposal facility receives an order of noncompliance issued pursuant to subsection (I) for failing to maintain a suitable instrument or mechanism required under section I 1141 and does not make reasonable efforts to comply with the order of noncompliance, the department may issue an order suspending or restricting the facility's license pursuant to Act No. 306 of the Public Acts of 1969. An order provided for in this subsection that suspends or restricts a license following the licensed facility's failure to comply with an order of noncompliance provided for in this section shall not remain in effect for more than 7 days without affording the owner or operator of the facility an opportunity for a hearing to contest the suspension or restriction. (4) Upon receipt and verification that a storage, treatment. or disposal facility has not maintained a suitable instrument or mechanism required under section 11141 or that hazardous waste at a licensed facility exceeds Rendered Friday, February 2, 2018 ©Legislative Council, State of Michigan Page 24 -51- Michigan Compiled Laws Complete Through PA 10 012010 Courtesy of www. /egislature. mi.gov the maximum quantities allowed under the facility's license and the owner or operator of the facility has previously been issued an order of noncompliance under this section, the department may do either of the following: (a) Issue a second or subsequent order of noncompliance and proceed in the manner provided for in subsection (2) or (3 ). (b) Initiate an action to suspend or restrict the facility's license or permit pursuant to Act No. 306 of the Public Acts of 1969, without first issuing an order of noncompliance. History: 1994. Act 451, Eff. Mar. 30. 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11151 Violation of permit, license, rule, or part; order requiring compliance; civil action; jurisdiction; imposition, collection, and disposition of fine; conduct constituting misdemeanor; penalty; state of mind and knowledge; affirmative defense; preponderance of evidence; definition; action for damages and costs; disposition and use of damages and costs collected; awarding costs of litigation; intervention. Sec. 11151. ( 1) If the department finds that a person is in violation of a permit, license, rule promulgated under this part, or requirement of this part including a corrective action requirement of this part, the department may issue an order requiring the person to comply with the permit, license, rule, or requirement of this part including a corrective action requirement of this part. The attorney general or a person may commence a civil action against a person, the department, or a health department certified under section 11145 for appropriate relief, including injunctive relief for a violation of this part including a corrective action requirement of this part, or a rule promulgated under this part. An action under this subsection may be brought in the circuit court for the county of Ingham or for the county in which the defendant is located, resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance. In addition to any other relief granted under this subsection, the court may impose a civil fine of not more than $25,000.00 for each instance of violation and, if the violation is continuous, for each day of continued noncompliance. A fine collected under this subsection shall be deposited in the general fund of the state. (2) A person who transports, treats, stores, disposes, or generates hazardous waste in violation of this part, or contrary to a permit. license, order. or rule issued or promulgated under this part. or who makes a false statement, representation, or certification in an application for, or form pertaining to, a permit, license, or order or in a notice or report required by the terms and conditions of an issued permit, license, or order, or a person who violates section 11144(5). is guilty of a misdemeanor punishable by a fine of not more than $25,000.00 for each instance of violation and, if the violation is continuous, for each day of violation. or imprisonment for not more than 1 year. or both. If the conviction is for a violation committed after a first conviction of the person under this subsection, the person is guilty of a misdemeanor punishable by a fine of not more than $50,000.00 for each instance of violation and, if the violation is continuous, for each day of violation, or by imprisonment for not more than 2 years, or both. Additionally, a person who is convicted of a violation under this subsection shall be ordered to pay all costs of corrective action associated with the violation. (3) Any person who knowingly stores, treats, transports, or disposes of any hazardous waste in violation of subsection (2) and who knows at that time that he or she thereby places another person in imminent danger of death or serious bodily injury, and if his or her conduct in the circumstances manifests an unjustified and inexcusable disregard for human life, or if his or her conduct in the circumstances manifests an extreme indifference for human life, upon conviction, is subject to a tine of not more than $250,000.00 or imprisonment for not more than 2 years. or both, except that any person whose actions constitute an extreme indifference for human life, upon conviction, is subject to a tine of not more than $250.000.00 or imprisonment for not more than 5 years. or both. A defendant that is not an individual and not a governmental entity, upon conviction, is subject to a fine of not more than $1 ,000,000.00. Additionally, a person who is convicted of a violation under this subsection shall be ordered to pay all costs of corrective action associated with the violation. (4) For the purposes of subsection (3), a person's state of mind is knowing with respect to: (a) His or her conduct, if he or she is aware of the nature of his or her conduct. (b) An existing circumstance, if he or she is aware or believes that the circumstance exists. (c) A result of his or her conduct, if he or she is aware or believes that his or her conduct is substantially certain to cause danger of death or serious bodily injury. Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 25 -52- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy ofwww.legislature.mi.gov (5) For purposes of subsection (3). in determining whether a defendant who is an individual knew that his or her conduct placed another person in imminent danger of death or serious bodily injury, both of the following apply: (a) The person is responsible only for actual awareness or actual belief that he or she possessed. (b) Knowledge possessed by a person other than the defendant but not by the defendant himself or herself may not be attributed to the defendant. However, in proving the defendant's possession of actual knowledge, circumstantial evidence may be used, including evidence that the defendant look affirmative steps to shield himself or herself from relevant information. (6) It is an affirmative defense to a prosecution under this part that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of either of the following: (a) An occupation, a business, or a profession. (b) Medical treatment or professionally approved methods and the other person had been made aware of the risks involved prior to giving consent. (7) The defendant may establish an affirmative defense under subsection (6) by a preponderance of the evidence. (8) For purposes of subsection (3), "serious bodily injury" means each of the following: (a) Bodily injury that involves a substantial risk of death. (b) Unconsciousness. (c) Extreme physical pain. (d) Protracted and obvious disfigurement. (e) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty . (9) In addition lo a fine, the attorney general may bring an action in a court of competent jurisdiction lo recover the full value of the damage done to the natural resources of this state and the costs of surveillance and enforcement by the state re;ulting from the violation. The damages and cost collected under this subsection shall be deposited in the general fund if the damages or costs result from impairment or destruction of the fish, wildlife, or other natural resources of the state and shall be used to restore. rehabilitate, or mitigate the damage to those resources in the affected area, and for the specific resource to which the damages occurred. ( l 0) The court, in issuing a final order in an action brought under this part, may award costs of litigation, including reasonable attorney and expert witness fees to a party, if the court determines that the award is appropriate. ( 11) A person who has an interest that is or may be affected by a civil or administrative action commenced under this part has a right to intervene in that action. History: 1994, Act 451. Eff. Mar. 30. 1995:-Am. 1998. Act439, Eff. Mar. 23, 1999. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11152 Interstate and international cooperation; purpose. Sec. 11152. The department shall encourage interstate and international cooperation for the improved management of hazardous waste; for improved, and so far as is practicable, uniform state laws relating to lhe management of hazardous waste; and compacts between this and other states for the improved management of hazardous waste. History: 1994. Act 451. Eff. Mar. 30, 1995. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11153 Site identification number; user charges; violations; maintenance of information; summary of findings; report; definitions. Sec. I I 153. (I) A generator, transporter, or treatment, storage, or disposal facility shall obtain and utilize a site identification number assigned by the United States Environmental Protection Agency or the department. Until October I, 2021, the department shall assess a site identification number user charge of $50.00 for each site identification number it issues. The department shall not issue a site identification number under this subsection unless the site identification number user charge and the tax identification number for the person applying for the site identification number have been received by the department. Rendered Friday, February 2, 2018 © Legisiative Council, State of Michigan Page 26 -53- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy ofwww.legislature.mi.gov (2) Until October I, 2021. the department shall annually assess hazardous waste management program user charges as follows: (a) A generator shall pay a handler user charge that is the highest of the following applicable fees: (i) A generator who generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste in any month during the calendar year shall pay to the department an annual handler user charge of $100.00. (ii) A generator who generates 1,000 kilograms or more of hazardous waste in any month during the calendar year and who generates less than 900,000 kilograms during the calendar year shall pay Lo the department an annual handler user charge of $400.00. (iii) A generator who generates I ,000 kilograms or more of hazardous waste in any month during the calendar year and who generates 900.000 kilograms or more of hazardous waste during the calendar year shall pay to the department an annual handler user charge of $1 ,000.00. (b) An owner or operator of a treatment, storage, or disposal facility for which an operating license is required under section 11123 or for which an operating license has been issued under section 11125 shall pay to the department an annual handler user charge of $2,000.00. (c) A used oil processor or rerefiner. a used oil burner. or a used oil fuel marketer as defined in the rules promulgated under this part shall pay to the department an annual handler user charge of $100.00. (3) A handler shall pay the handler user charge specified in subsection (2)(a) to (c) for each of the activities conducted during the previous calendar year. (4) Handler user charges shall be paid using a form provided by the department. The handler shall certify that the information on the form is accurate. The department shall send forms to the handlers by March 30 of each year. A handler shall return the completed forms and the appropriate payment to the department by April 30 of each year. (5) A handler who fails to provide timely and accurate information, a complete form, or the appropriate handler user charge is in violation of this part and is subject to both of the following: (a) Payment of the handler user charge and an administrative fine of 5% of the amount owed for each month that the payment is delinquent. Any payments received after the fifteenth of the month after the due date are delinquent for that month. However. the administrative fine shall not exceed 25% of the total amount owed. (b) Beginning 5 months after the date payment of the handler user charge is due, if the amount owed under subdivision (a) is not paid in full, at the request of the department. an action by the attorney general for the collection of the amount owed under subdivision (a) and the actual cost to the department in attempting to collect the amount owed under subdivision (a). (6) The department shall maintain information regarding the site identification number user charges and the handler user charges collected under this section as necessary to satisfy the reporting requirements of subsection (8). (7) The site identification number user charges and the handler user charges collected under this section and any amounts collected under subsection (5) for a violation of this section shall be forwarded to the state treasurer and deposited in the environmental pollution prevention fund created in section 11130. (8) The department shall evaluate the effectiveness and adequacy of the site identification number user charges and the handler user charges collected under this section relative to the overall revenue needs of the hazardous waste management program administered under this part. Not later than April l of each even-numbered year, the department shall submit to the legislature a report summarizing the department's findings under this subsection. (9) As used in this section: (a) "Handler" means the person required to pay the handler user charge. (b) "Handler user charge" means an annual hazardous waste management program user charge provided for in subsection (2). History: Add. 2001, Act 165. Imd. Eff. Nov. 7, 2001:-Am. 2007, Act 75, lmd. Eff. Sept. 30, 2007;-Am. 2008. Act 403. lmd. Eff. Jan. 6, 2009;-Am. 2010. Act 357. Imd. Eff. Dec. 22. 2010;-Am. 2011. Act 90, lmd. Eff. July 15. 2011:-Am. 2013. Act 73. Eff. Oct. I, 2013;-Am. 2014. Act 287. Imd. Eff. Sept. 23. 2014:-Am. 2017. Act 90. lmd. Eff. July 12. 2017. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Rendered Friday. February 2, 2018 © Legislative Council, State of Michigan Page 27 -54- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.Jegislature.mi.gov Michigan De artment of Environmental Quality Office of Waste Management and Radiological Protection Selecting a Waste Transporter and Treatment, Storage, and Disposal Facility GUIDANCE Questions to Ask Prospective Transporters and Treatment, Storage and Disposal Facilities (TSDFs) 1. Hazardous waste -Is the hazardous waste transporter currently permitted and registered in Michigan to transport hazardous waste under Act 138? Does the TSDF where the hazardous waste is being taken have a current operating license? You may search the Waste Data System at www.deq .state.mi.us/wdspi/ for hazardous waste transporters and TSDFs. You may also look for companies in your telephone directory under the heading "Waste Reduction , Disposal, and Recycling Service." A TSDF can accept only those types of wastes allowed by its permit or operating license. Special fees may be charged for small quantities of hazardous waste requiring extra handling by the facility. 2. Liquid industrial waste -Is the liquid industrial waste transporter currently permitted and registered to transport liquid industrial waste under Act 138? Is the liquid industrial waste being taken to a facility that has notified the DEQ, Hazardous Waste Program, as a designated facility that accepts liquid industrial waste? You may search the Waste Data System at www.deq .state.mi.us/wdspi/ for companies that have notified as being liquid industrial waste designated facilities and liquid industrial waste transporters. You may also look for companies that deal with liquid industrial waste in your phone directory under the heading "Waste Reduction, Disposal, and Recycling Service," or for used oils look under the heading "Oils-Waste." 3. What type and amount of insurance does the transporter or TSDF carry? Permitted and registered transporters are required to have insurance coverage to cover accidents and environmental spills. You may want to ask for proof of current insurance coverage for your records. 4. If you are hiring an independent transporter, find out what TSDF the transporter uses for your type of waste. Do they use a transfer facility? If the waste is going to a treatment facility before disposal, where is the ultimate place of disposal for the treated wastes? 5. Does the transporter or the facility offer special services for small volumes of waste? Some transporters might not service Small Quantity or Conditionally Exempt Small Quantity Generators. 6. Does the transporter or TSDF initially prepare the waste manifests or will they assist you by reviewing manifests you prepare for correct and complete information? Does the TSDF provide the land ban or land disposal restriction notice forms and do they help complete them? 7. Does the transporter test used oil prior to picking up the waste or do they require you to do any testing? Does the TSDF require specific tests or laboratories to be used? 1-800-662-9278 www.michigan.gov/deq 1212015 -55- Selecting a Waste Transporter and TSDF -Guidance Is there anything additional to the labeling requirements you must do before your waste is picked up by the transporter or accepted at the TSDF? Some facilities have their own requirements as to how they accept waste material. For example, some companies will not accept hazardous waste in drums even though this is a common method of storage and only pick up bulk loads. 9. Does the transporter or TSDF serve other businesses similar to yours? If so, obtain telephone numbers and contact these companies to evaluate the services they received. 10. Does the transporter deliver waste to the TSDF the same day that it's picked up? If not, ask questions about the company/location where the waste will be stored while in transport. Hazardous waste must reach its final destination within 1 O days. 11. What steps does the transporter or TSDF operator take to avoid spills or leaks and minimize the facility's own legal liability? You may want to note for your records the method of temporary waste storage used at a treatment or recycling facility. If your waste is going to a hazardous waste landfill, ask about their leachate control and ground water monitoring provisions. Use this information when comparing companies. A company that costs more to take your waste but practices an extensive environmental protection program may actually be cheaper in the long run than a company that initially costs less but does not practice adequate environmental protection. If contamination occurs, you can be held financially responsible for the site cleanup costs. 12. Have any violations of state regulations occurred? You may also search the Waste Data System at www.deq.state.mi.us/wdspi/ for information regarding a company's compliance history. Call the appropriate DEQ, District Office, Hazardous Waste Program (see Appendix C) to discuss the compliance history for prospective transporters or a TSDF. Transporter and TSDF inspection files are kept by the Hazardous Waste Program at the DEQ, District Office responsible for the area where the business is located. If you want to review the files, contact the District Office to confirm the appropriate office and set up an appointment to review the records. 13. Will they enter into a written contract with you? For liability protection, it is a good idea to have a written contract that clearly identifies what specific services the company will provide. Be cautious of firms who do not want to offer a written contract for services. Conditionally Exempt Small Quantity Generators are not required to hire a permitted and registered hazardous waste transporter or dispose of hazardous waste at a hazardous waste TSDF, but it must be disposed of at a facility that can legally accept the waste. It is recommended that CESQG exempted hazardous waste be sent to a hazardous waste disposal facility or waste recycler. Your waste that is not considered a liquid waste (passes the paint filter test) can be disposed of at a municipal solid waste landfill if the landfill authority will accept it. Your liquid waste must be hauled by a permitted and registered liquid industrial waste transporter, unless you haul your own generated waste from equipment in which you own and interest and meet the liquid industrial waste self transport requirements in the regulations. If you are unsure who to talk to about waste, call the Environmental Assistance Center at 800-662-9278, or E-mail deq-ead-envassist@michigan.gov for a referral. This publication is intended for guidance only and may be impacted by changes in legislation. rules, policies, and procedures adopted after the date of publication. Although this publication makes every effort to teach users how to meet applicable compliance obligations, use of this publication does not constitute the rendering of legal advice. 2 -56- Name of Estab!fshment I Establishment OBA (If Known) GREAT LAKES WELLNESS SOLUTIONS LLC Establishment-Address City State 3405 N EAST ST Lansing Ml Medical Marihliana Provisioning Center Application OF Fl CAL USE ONLY March JO, 2018 REVISED DENIAL Building Review: Conditional Approval -Building Approval subject to plan review and permitting of the proposed alterations, field inspection, and approval of structure for compliance witb the Michigan Building, Electrical, Mechanical, and Plumbing Codes. Per Emergency Rule 26 (3) tlzefacility slzall uot operate until the final Certificate of Occupancy lzas been issued by tlte Building Safety Office. Sanitation and Waste Disposal Review: Denial: The submitted waste disposal plan does not contain suffici~nt detail to determine compliance with Emergency Rule 36. James Bennett, C.B.O. Building Safety Office Department of Economic Development and PlatJ.h.ing Page 1of1 -57- .. p US POSTAGE & FEES PAID PRIORITY MAil ~Jit¥R1E£"'E~~ICNG II II 06250009737650 FROM48933 ":::.rc:1a Dll15fl016 PRIORITY MAIL 2-DAY™ Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 0004 jc105j SHIP TO: Superior Wellness & Solutions LLC Great Lakes Wellness & Solutions LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS TRACKING# II 1111 i 111 11111 9405 5118 9956 0518 9290 39 -58- StalllP.S endicia Shipping Label Receipt Dell very Confirmation,.. Service Number: 9405 5118 9956 0518 9290 39 Priority MaQ 2-0AY with USPS TRACKING#" EledlallcSeMce Fee: $0.000 ToW Posllge and Fees: $6.55 Weight: 1 az Print Dato: 03/15/2018 Malling Oato:03115/2018 From: Chris Swope To: Lansing City Clerk's Office 124 WMichlgan Ave Floor 9 Lansing Ml 48933 Superior Wellness & Solutions LLC Great Lakes Wellness & Solutions LLC 3334 Roch0$\er Rd 165 Troy Ml 48083-5426 USPS Poslln1r1< Hn 'R~ Pnctll:y "'Iii 2-0A.Y 5....,i09 posl.'9f niln WY. Thw9 l1 ro IH tor Oel"'9r/ c.ommelion• ht°fio9 en Priority Mail MMcw1 l'rithUM oftHS Mdnricstr"*"1 IC>ei. Poslm.-l(~lllHr-fl.nSnQ.IMltd. Ofivwy~lsrd_,oiJaibl1bofphonlkrlhl tMdr111'11copdof\. Instructions: 1. A<tlero shipping label to package with tape or glue· DO NOT TAPE OVER BARCOOE. Be sure all edges are oeoured. Sel~allleslve label I• recommended. 2. Pfaco the label so It does not wrap around lhe odgo elf the p11ckage. 3. This package moy be deposited In any cdledlon ba<, handed to your mall carrier, er PfOsenled lo a deric at yoor local Post omce. 4. 5. Each conl\nnaticn number,, unique and can be used ollty once a DO NOT PHOTOCOPY. You must malt this package on the "mall date" that Is speclftod on lhtslabel. March 15, 2018 Great Lakes Wellness Solutions LLC 3334 Rochester Rd # 165 Troy, Ml 48083 Dear Provisioning Center Applicant, Chris Swope Lansing City Clerk This letter is to inform you that your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3405 N East Street has been denied. The Sanitation and Waste Disposal plan which you resubmitted and is considered part of your application is insufficient to demonstrate compliance with City of Lansing and State of Michigan law. You have the right to appeal this denial of licensure within 14 days of the date of this letter by filing with the City Clerk's Office a written statement setting forth fully the grounds for the appeal pursuant to Chapter 1300.15(c). Please note that initial appeals are referred to a hearing officer appointed by the City Clerk who will review any information submitted in the appeal as well as information submitted by the City Clerk. The hearing officer will consider the information submitted and make a recommendation to the City Clerk, who will make a decision on the appeal. To encourage efficiency, appeals will be conducted as a paper hearing without oral presentation. Please ensure that you include all information in your written appeal that you would like the hearing officer to consider. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Mier:---Ave., Lansing, Ml 48933-1695 517-483-4131 $ -59-177-0068 FAX www.lansingmi.gov/clerk $ clerk@lansingmi.gov If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W . Mier;~~" Ave., Lansing, Ml 48933-1695 517-483-4131 $ -60-i??-0068 FAX www.lansinqmi.qov/clerk $ clerk@lansingmi.gov March 28, 2018 Chris Swope, Lansing City Clerk 124 W Michigan Ave Lansing, Ml 48933 COVERT & CALKINS Via Hand Deliverv ;> ~::g RE: Great Lakes Wellness Solutions LLC -3405 N East Street -Provisioning Center Appt~catlt?:n <-~ Denial c.~ ·· r·.-1 1-.r.-C Dear Clerk Swope and the Office of the City Clerk This letter serves as a notice that Great Lakes Wellness Solutions (Great Lakes) is appealing from your decision to deny its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3405 N East Street. Under Chapter 1300.lS(C) of the Lansing Code of Ordinances (Ch. 1300), Great Lakes has a right to a review and hearing of any denial or revocation of a license made under Chapter 1300. Background: Great Lakes submitted their application for a Provisioning Center License under Ch. 1300 to the Lansing City Clerk's Office on December 15, 2018. On February 5, 2018, Great Lakes received an email from the City Clerk's office indicating that the Building Safety Department had recommended that its application be denied because "The submitted waste disposal plan does not contain sufficient detail to determine compliance with the State of Michigan Emergency Rule 36" and that it had 10 days to resubmit the plan. This notice also included information about deficiencies with the Facility Site plan. The Facility Site Plan section listed specific subsections of the Rules that needed to be addressed. The language, quoted above, regarding Rule 36 included no such specificity. Great Lakes contacted the City Clerk's office for further explanation on 4 separate occasions, February 5th at 9:39 AM, the rh at 2:42 PM, and twice on February 13th at 10:20 AM and 1:31 PM. During these calls, City Clerk staff, and Deputy City Clerk Deb Biehler were unwilling to give additional information or resources, and merely repeated the language that was included in the February 5, 2018, e-mail. Lansing's Medical Marihuana Provisioning Center Application only required a "Facility Sanitation Plan 1300.5(18)" and did not specifically request a "waste disposal plan." In an effort comply with the ordinance, the Clerk's vague request, and the Rules, Great Lakes reviewed the LARA Emergency Rules (Rules) and created a waste disposal plan that complied with Rule 36. 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517 ) 512-8364 Fax : (517 ) ?.S3-0908 1 of-61- COVERT & CALKINS Great Lakes also amended other parts of their application to provide more robust procedures for dealing with waste and sanitation. Great Lakes submitted this Waste, Chemical & Plant Waste Disposal Plan (Plan) to the City on February 16, 2018. When presented for review with Deb Biehler of the City Clerk's office, she indicated that the Plans were overboard. On March 15, 2018, Great Lakes received another e-mail from the City Clerk that indicated that its application had been denied because "The Sanitation and Waste Disposal plan which you resubmitted and is considered part of your application is insufficient to demonstrate compliance with City of Lansing and State of Michigan law." This is the first notice that either plan did not comply with City of Lansing law. It does not indicate which section of Ch. 1300, any other section of the Code of Ordinances, or which Michigan statute provides grounds for the denial. Further, it falsely indicated that the requirements come from the statute when in fact the requirements come under the Rules, as mentioned above. This denial was even less informative and descriptive than the February 5th notice. No further instruction or information has been given despite efforts to contact the City Clerk's office. Further, the March 15th denial letter indicated a material change to the appeal procedures in two ways: Issues 1. This letter indicated a change in the appeal procedures by mandating an entirely new "paper appeal" process. This change is contrary to the hearing requirements under Ch . 1300.15(c). 2. This letter also indicated "If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied." Previous denials did not force existing operations to cease until after exhausting the appeals process. Great Lakes was not given an opportunity to cure any potential deficiencies with the Plan under Ch. 1300.5(18), since notice that the Plans were not in compliance with "Lansing laws" is only included in the March 15th final denial, not the earlier notice on February 5th. This sudden and material change does not comply with Ch. 1300.15(C), which indicates that Great Lakes will be given notice of any defect and will have a cure period. Such a period was not given, and results in an unfair application of the rules. 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (517 ) 253-0908 2oi-62- COVERT & CALKINS The City of Lansing is not the appropriate body to determine compliance with the Rules. LARA is continually releasing more information through bulletins and public education sessions that provide clarifications on how to comply with this entirely new regulatory scheme. As recently as March 25, 2018, LARA and the Bureau of Medical Marihuana Regulation (BMMR) presented information that compliance with the Rules, building codes, and state fire codes will be determined by state agencies, not local municipalities. Further, Rule 16 states "(1) The department {LARA and BMMR] shall do all of the following with respect to inspections and investigations of applicants1 licensees1 proposed marihuana facilities, and marihuana facility operations: (a) Oversee and conduct inspections through its investigators1 agents1 auditors1 or the state police of proposed marihuana facilities and marihuana facilities as provided in section 303 of the act to ensure compliance with the act and these rules .... (c) Inspect and examine marihuana facilities and proposed marihuana facilities." (emphasis added) Both Rule 36 and Ch. 1300.5(18) are vague. The City Clerk's office refused to provide elaboration on the grounds for denial. The Lansing ordinance was not cited in the original February 5th deficiency notice, but is provided as grounds for denial in the March 15th notice. Together, this information indicates that the City Clerk made an arbitrary and capricious decision not based on any statute, ordinance, or administrative rule, and indicates a likely animus against Great Lakes. Grounds for reversal: I. The December 2017 Facility Sanitation Plan complies with Ch. 1300.5(8)(18), and any perceived deficiencies are not "material violations" that should result in a denial or revocation of a license, as required under Ch. 1300.15(8)(1) of the Ordinance. The original submitted plan is sufficient to substantially comply with Ch. 1300. II. Ch 1300.5(B)(18) requires that the facility sanitation plan needs to protect from ingestion of Marihuana by animals or people, must indicate how Marihuana waste will be disposed of, and how Marihuana will be rendered unusableThe Amended Waste Plan submitted to the City Clerk on February 16, 2018 is not a "Material Violation" that should result in a denial or revocation of a license, as required under chapter 1300.15(8)(1) of the Ordinance. The submitted Plans are sufficient to substantially comply with both Ch. 1300 and Rule 36. 1) Chapter 1300.5(18) requires that the facility sanitation plan needs to protect from ingestion of Marihuana by animals or people, must indicate how Marihuana waste will be disposed of, and how Marihuana will be rendered unusable. i. Chapter 7(f) on Page 24 of the Original Business/Facility Plan, Great Lakes indicates that it will comply with all other applicable State and Local building 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517 ) 512-8364 Fax : (51 7 \ ?S3-0908 3 01-63- COVERT & CALKINS code requirements intended for storage, sanitation, and safety. This indicated incorporation by reference of the Rules and Ch. 1300. ii. The Statement of Correction dated February 13, 2018, includes a revamped Waste, Chemical, and Plant Waste Disposal plan as well as amending the Policies and Procedures Manual part D.3: Inventory Control {collectively "Plans"). These changes thoroughly describe the methods Great Lakes will use to comply with Ch.1300.5(18). 1. Waste, Chemical, and Plant Waste Disposal Plan: Any waste will be placed in a dumpster, which is protected on three sides by a brick enclosure as well as a locked gate. The dumpster will have an additional locking mechanism. Keys to the gate will be held at all times by a managerial employee. Employees will only be given temporary access to the dumpster when actively disposing of waste. Employees will have to work in pairs to ensure accountability, and that Great Lakes at all times complies with the Rules and Ch. 1300. 2. Policies and Procedures: D. Inventory Control -3. Disposal of Unusable Medical Marihuana: The Method of disposal mirrors the language of Rule 36, Chapter1300.9{k) and 1300.5(18). The amended plan indicates that waste Marihuana will be ground for natural biodegradation, will be rendered unusable in compliance with Rule 36, and any further guidance from LARA and the BMMR. The policies also indicate that any waste or destroyed product will be reported through METRC or an approved third-party integration, such as MJFreeway. 2) Rule 36 requires that: (1) Marihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. (2) A licensee shall not sell Marihuana waste or Marihuana products that are to be destroyed, or that the department orders destroyed. {3) A licensee shall manage all waste that is hazardous waste pursuant to part 111of1994 PA 451, MCL 324.11101 to 324.90106. {4) A licensee shall dispose of Marihuana product waste in a secured waste receptacle using 1 or more of the following: {a) A manned and permitted solid waste landfill. {b) A manned compostable materials operation or facility. {c) An in-vessel digester. {d) In a manner in compliance with applicable state and local laws and regulations. i. As noted above, the Plans are sufficient to substantially comply with the Rules. No guidance has been given from LARA to indicate specific, required, 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax: (517' 0 S3-0908 4 01-64- COVERT & CALKINS or even suggested methods to render unusable and unrecognizable any waste products, and have not provided any other guidance or bulletins regarding disposal of waste Marihuana. ii. The Plans do indicate that any waste will be entered into the statewide monitoring system. iii. The Plans do indicate that any products that LARA orders destroyed will be destroyed in compliance with the applicable laws and rules. iv. The Plans do indicate compliance with hazardous waste compliance. v. The Plans do indicate compliance with the disposal requirements. Ill. The March amended Waste and Sanitation Plans is sufficient to substantially comply with the above Rules and Ch.1300 1) The attached and updated March Plans further demonstrate compliance with these Rules by indicating the method by which Marihuana waste will be rendered unusable, borrowing language from the State of Washington's Medical Marihuana Program rules, listed here: i. Marihuana Waste shall be rendered unusable by grinding and incorporating the Marihuana Waste with other ground materials, so the resulting mixture is at least 50% non-cannabis waste by volume. The following acceptable materials may be combined with cannabis plant waste: 1. Compostable Mixed Waste: Marihuana Waste to be disposed of as compost or in another organic waste method may be mixed with the following types of waste materials: a. Food waste; b. Yard waste; c. Vegetable based grease oils; d. Soil; e. Biodegradable products and paper; or f. Clean wood 2. Noncompostable Mixed Waste: Marihuana Waste to be disposed of in a landfill or another disposal method, such as incineration, may be mixed with the following types of waste materials: a. Paper waste; b. Cardboard waste; c. Plastic waste; or d. Soil IV. In the alternative, the determination to issue a license denial because "[t]he Sanitation and Waste Disposal plan ... is insufficient to demonstrate compliance with City of Lansing and State of Michigan law" does not meet the requirements for a zoning determination under MCL 125.3606(b)-(d): 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (51 7 ' ri 1)3-0908 5 -65-0 . COVERT & CALKINS 1) The determination is not based upon proper procedure because the March 15th license denial language interprets both State law, LARA's Emergency Rules, and Ordinance 1217 of the City of Lansing, while the original February 5th deficiency notice only mentions the Emergency Rules promulgated by LARA. 2) The record does not reflect competent, material, or substantial evidence to support the City Clerk's determination. 3) The decision by the City Clerk does not reflect a reasonable exercise of discretion granted by law to the City Clerk's office. 4) The decision by the City Clerk is arbitrary, and may indicate animus against Great Lakes. Conclusion and Request for Relief Great Lakes requests that the Hearing Officer find that the original December submitted Plans are sufficient to substantially comply with the Rules and Ch. 1300. If the Hearing Officer does not find that the original December submitted Plans comply, Great Lakes requests that the Hearing Officer find that the Statement of Correction submitted on February 16, 2018, are sufficient to substantially comply with the requirements under Ch. 1300. If the Hearing Officer does not find that the Statement of Correction Plans substantially comply, Great Lakes requests that the Hearing Officer find that the March Amended Plan is sufficient to substantially comply with the Rules and Ch. 1300. In the alternative, Great Lakes requests that the Hearing Officer determine that the decision by the City Clerk to deny its license an arbitrary or capricious decision that is not supported by material, substantial, and competent facts on the record. Should you have any questions, comments or concerns, please do not hesitate to contact our office. NC:JB Sincerely, COVERT & CALKINS T ,NlCk Calkins 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (51 7 \ 'J S3-0908 6 o-66- Great Lakes Wellness Solutions March Amended Marihuana Waste Plan Disposal Plan for Product Destruction and Waste Managen1ent Great .Lakes Wellness Solutions .L.LC (GREAT LAKES) will implement the system of controls outlined in this document to prevent unused marihuana or marihuana derivatives and waste from leaving GREAT LAKES's facility, to protect the public and animals from encountering or ingesting unused, expired, unusable, or contaminated marihuana product, by-products, or waste. GREAT LAKES will record all marihuana product that is rendered for waste in MJ Freeway, our selected 3"1 party METRC integration. METRC is Michigan's statewide seed-to-sale monitoring system. Once available, we may change to one of the approved third-pa1ty METRC integrations. All logs and disposal records have a secondary cloud backup, which is available on demand. GREAT LAKES wi II not sell marihuana waste, marihuana products that are marked to be destroyed, or marihuana products the Department orders destroyed. Marihuana Waste includes, but is not limited to: contaminated, unused, surplus, returned, expired, and/ or recalled medical marihuana products and/or marihuana plant debris, as well as marihuana product, stems, flowers, and other materials used in the dispensing of medical marihuana, which may include gloves, paper towels, and other items associated with medical marihuana and its provisioning pursuant to local and state-issued provisioning center licenses. No Marihuana Waste will be discarded in general waste containers. Separate, Secured Marihuana Waste bins will be placed in areas where Marihuana Waste is collected within GREAT LAKES's facility. GREAT LAKES will then ensure that all the Marihuana Waste in these containers is rendered into an unusable and unrecognizable form through physical alteration· or destruction, as detailed below. Then , a state-approved disposal facility will pick up GREAT LAKES's unusable and unrecognizable Marihuana Waste and deliver it to a manned and permitted solid waste landfill or such other lawfully permitted methods as we may elect to utilize in the future. 11Page -67- Disposal/Destruction of Waste Product Protocol Great Lakes Wellness Solutions March Amended Marihuana Waste Plan Upon receipt of the unused, expired, or otherwise unusable medical marihuana product(s) or byproduct(s), GREAT LAKES will segregate product(s) from all useable products and immediately transferred within the appropriate container located in a quarantine area with a specially designated disposal safe within the secure storage room that GREAT LAKES has in- place to maintain compliance with all state and local regulations regarding the disposal of contaminated products and Marihuana Waste. Marijuana Waste shall be rendered unusable by grinding and incorporating the Marijuana Waste with other ground materials, so the resulting mixture is at least 50% non-cannabis waste by volume. The following acceptable materials may be combined with cannabis plant waste: Compostable Mixed Waste: Marijuana Waste to be disposed of as compost or in another organic waste method may be mixed with the following types of waste materials: • Food waste; • Yard waste; • Vegetable based grease oils; • Soil; • Biodegradable products and paper; or • Clean wood Noncompostable Mixed Waste: Marijuana Waste to be disposed of in a landfill or another disposal method, such as incineration, may be mixed with the following types of waste materials: • Paper waste; • Cardboard waste; • Plastic waste; or • Soil All the above marihuana materials and medical marihuana products will be stored in the designated disposal safe and then transported in a locked and secure storage compartment via a third-party waste removal company that has been approved by the Department for that purpose. 21Page -68- Great Lakes Wellness Solutions March Amended Marihuana Waste Plan Marihuana Waste Storage Marihuana Waste will be taken to the quarantine area of the secure storage room. All medical marihuana products awaiting disposal and Marihuana Waste will be stored in a locked container, recorded in METRC (the statewide monitoring system), and disposed of in accordance with these Marihuana Waste disposal policies and procedures. Note: because GREAT LAKES will be operating a provisioning center, it will not be generating wastewater as identified in the Department's Emergency Rule 36(5) or hazardous waste as defined in MCL 324.11103. But to the extent that any is generated, this Disposal Plan would include any such wastewater or hazardous waste and GREAT LAKES's procedures outlined herein comply with all applicable state and local laws and regulations and will be amended as necessary. Marihuana Waste Transportation and Disposal All Marihuana Waste, after being rendered unusable and designated for destruction will be picked up and handled by a licensed waste disposal company. All transport vehicles will be staffed or accompanied by a minimum of two waste company employees, one person will remain with the vehicle until these materials are received and quarantined at the designated destruction facility pursuant to MCL 333.27503. At any time, marihuana, Marihuana Waste, or marihuana products are transported out of the GREAT LAKES facility for any reason, the following policies will be adhered to: • • • • • • A manifest will be created for all materials marked for destruction; The manifest will be verified as accurate by a Manager of GREAT LAKES; The third-party transporter will record the time waste materials were picked up from the GREAT LAKES facility on the Transportation Event Log; Any vehicle accidents will be reported by the transporting team to the GREAT LAKES Manager or unit Manager immediately; Any loss or theft of medical marihuana products will be reported by the transporting security officer immediately to the GREAT LAKES Manager or unit Manager; Any Manager receiving a loss or theft report from a transporting security company will notify a Manager immediately, and the GREAT LAKES Manager will report the occurrence to the appropriate law enforcement agency and the Department immediately; and A GREAT LAKES Manager will ensure transportation records are maintained in accordance with regulations and provided to the Department, upon request. 3IPage -69- Great Lakes Wellness Solutions March Amended Marihuana Waste Plan Waste Record Keeping All plants and products are tracked within GREAT LAKES's approved METRC integrated inventory. The GREAT LAKES Manager are responsible for developing and implementing operational procedures for inventory management and waste disposal that follows Department regulations and state and local law. The Managers are responsible for oversight of all inventory management activities and for implementing and enforcing the policies and procedures at the provisioning center. When the destruction of Marihuana Waste occurs, GREAT LAKES keeps a record of the following information on our waste log: • • • • • The time date on which the medical marihuana was destroyed, the name of the substance destroyed and its net weight on that date, before the destruction; The location at which it was destroyed; A brief description of the method of destruction; The names of the witnesses to the; and If applicable, the name of the person who accompanied the medical marihuana . METRC and approved third party integrations allow for tracking of all waste within the system intended for destruction. The interface allows GREAT LAKES to collect all inventories within the system in a centralized location for destruction. Manually Entering Waste Disposal to METRC Procedures In the event GREAT LAKESs selected seed to sale METRC approved third paity software is not working or GREAT LAKES decides to use a different software, the GREAT LAKES staff have the option to manually enter the information in METRC, the statewide monitoring system to maintain in compliance I 00% of the time. This will continue to be backed up through the remote cloud backup storage. Here is the procedure to use METRC manually: I. Select the product you want to repo1t as waste 2. Click the "Report Waste" tab at the top of the screen 3. Enter the required information in the Pop-Up Screen 1. Batch Information ii. Weight of Product Reported as Waste 111. Date Product is being Reported as Waste 1v. Unit of Measurement for the Product Weight V. Select the "Rep01t Waste" Button at the bottom of the pop-up screen. 4jPage -70- Procedures for Cleaning Marihuana Waste Bins I. Wear personal protective equipment as appropriate for the procedure; 2. Collect the bins and take to the washing area; 3. Spray wash inside and outside of the bins and rinse with fresh water; 4. Turn the bin upside down or on side to drain, allowing approximately 30 minutes to d1}1; 5. Clean all cleaning equipment and return it to the appropriate storage area or discard as appropriate; 6. Once dry, line the bin with the appropriate size bin liner and place in storage or return to the waste gathering area; 7. Remove personal protective equipment; and 8. Perform hand hygiene. 51Page --71- · Biehler, Deb From: Sent: To: Subject: Attachments: James Bennett, C.B.O. Bennett, Jim Tuesday, April 10, 2018 6:01 PM Jackson, Brian; Biehler, Deb 3405 N East St Appeal Great Lakes Wellness 3405 N East St Waste Plan Denial Appeal.pd.pdf Building Official -Building Safety Office Manager Department of Economic Development and Planning 316 N Capitol Ave., Suite C-1 I Lansing, Ml 48933 0: 517-483-4155 I C: 517-230-9299 I E: jim.bennett@lansingmi.gov Website I Facebook I Twitter I lnstagram Andy Senor, Mayor Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM -72- Marihuana Dispensary Waste and Disposal Plan Disapproval Great Lakes Wellness -3405 N East Street The resubmitted waste plan is deficient in the following ways. • The plan lacks specific procedure or process of rendering the marihuana product unusable and unrecognizable per rule 36 (1). • The plan fails to specify where (secured or unsecured area) within the building that the waste will be stored both before (to prevent cross contamination) and after rendering it unusable. • The plan fails to specify which of the four methods of disposal will actually be used per rule 36 (4). Therefore, the plan lacks sufficient detail to determine that it complies with the emergency rule 36 or section 1300.9 (K) of Lansing Ordinance 1217. Page 1of1 -73- I '-l -+::>. I stam~s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5116 9900 0765 7065 85 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.35 Weight: 1 oz Print Date: 05/0212018 Mailing Date: 05/0212018 From: Chris Swope To : Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Superior Wellness & Solutions LLC Great Lakes Wellness & Solutions LL 3334 Rochester Rd 165 Troy MI 48083-5426 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation™ service on Priority Mail services with use of this electronic shipping label. Postmark required if fee refund requested. Delivery information is not available by phone for the electronic option. Instructions: 1. Adhere shipping label to package with tape or glue -DO NOT TAPE OVER BARCODE. Be sure all edges are secured. Self-adhesive label is recommended. 2. Place the label so it does not wrap around the edge of the package. 3. This package may be deposited in any collection box, handed to your mall carrier, or presented to a clerk at your local Post Office. 4. Each confirmation number is unique and can be used only once - DO NOT PHOTOCOPY. 5. You must mail this package on the "mail date" that is specified on this label. May 2, 2018 Great Lakes Wellness Solutions LLC 3334 Rochester Rd #165 Troy, Michigan 48083 Dear Applicant, Chris Swope Lansing City Clerk I have reviewed the report and recommendation of the hearing officer on your appeal of the denial of your application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3405 N East Street. I have determined your appeal is denied. You have the right to appeal this denial of licensure to the Medical Marihuana Commission within thirty (30) days of the date of this letter by filing a written statement to the Commission with the City Clerk's Office. The Commission's review of an appeal shall not be de nova. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding. Chapter 1300 provides that should the applicant not receive a license, one-half the application fee shall be returned. This refund will be processed after all appeals are exhausted. If you have begun business operations pursuant to State Emergency Rule 19 and Executive Order 2017-02, you must cease operations. Operations may resume only if your appeal is granted and the requirements of the temporary operation are satisfied. Sincerely, ~~ Chris Swope City Clerk cc: M. Yankowski, Lansing Police Chief J. Smiertka, Lansing City Attorney Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michiaan Ave., Lansing, Ml 48933-1695 517-483-4131 t_ 75J7-0068 FAX www.lansingmi.gov/clerk 1.,;1Ly.clerk@lansingmi.gov MEMO To: Chris Swope Lansing City Clerk From: Mary Kay Scullion {P36237) Re: Application of Great Lakes Wellness Solutions, LLC 3405 N. East St. Date: April 30, 2018 Introduction and Background The Application by Great Lakes Wellness Solutions, LLC was submitted to the Lansing City Clerk's Office within the deadline for original applications. On February 5, 2018, The Lansing City Clerk advised Great Lakes Wellness Solutions, LLC that their application to operate a Provisioning Center at the above referenced address was conditionally denied due to the failure of the Facility Plan to comply with the State of Michigan Emergency Rule 8{2)(b-f). A second conditional denial was based on the failure of the Plan to contain adequate detail, as required by Emergency Rule 36, concerning waste disposal. The entity was given 10 business days to correct the deficiencies in question. A corrected plan was submitted on or about February 10, 2018. Based on a review of that submission, the Application was finally denied on March 15, 2018, for a failure of the "Sanitation and Waste Disposal Plan to demonstrate compliance with the City of Lansing Ordinances and with State Law. Great Lakes Wellness Solutions, LLC was advised in that letter of the right to appeal the denial within 14 days of the March 15th date. On March 29, 2018, Great Lakes Wellness Solutions, LLC filed an appeal with the Lansing City Clerk's Office. That claim of appeal is what is currently before the City Clerk's Office. It appears from the record that at some time after the March 29, 2018, deadline a revised but undated plan was submitted. Applicable Ordinance Provision Emergency Rule 36 of the Michigan Department of Licensing and Regulatory Affairs regulates Marijuana Product Destruction and Waste. The importance of the State's regulatory scheme is inescapable to the extent that in the preamble to the Ordinance it states that the facilities will be regulated to the extent permissible under State and Federal Law, as well as City of Lansing Ordinances. Ord 1300.01 With regard to Provisioning Centers it states that "Except as may be preempted by state law or regulation", local ordinances will control. Ord. 1300.09 These provisions when read together make the case for a multiplicity of layers of regulation which are intended to operate concurrently to the extent there is no applicable preemption provision. One cannot lose sight of the fact that "All activities related to medical marijuana ... [including a medical marijuana provisioning center ... shall be in compliance with the rules of the Medical Marijuana Licensing Board, the rules of the Michigan Department of Licensing and Regulatory Affairs ... [and] the rules and regulations of the City, the MMMA, MM FLA and the MTA." 1300.02(d) [emphasis added] -76- Finally, in response to an assertion in the Appeal received on March 29, 2018, an unlicensed facility operating after December 15, 2017, is grounds for the denial of a license under both local ordinance and state law. This language has been applied to license denials by making it clear! that the Applicants may not operate without a license. Analysis In its appeal, Great Lakes Wellness Solutions, LLC argues that it should be granted a license because it has complied with all of the requirements and that it was unaware that it would be expected to comply with Lansing laws. Ordinance 1300, and its subdivisions make it clear repeatedly that the intention of the framers of the Ordinance is that there is a multiplicity of regulatory schemes which must be taken into account when applying for a license and operating within the City of Lansing. It would be surprising, given the repeated statements In Ord 1300.01 et seq of compliance with state laws and local ordinances if there was no intent of the framers to impose local as well as federal and state regulations on licensees. Great Lakes Wellness Solutions, LLC argues that it should be given a license because it is in "substantial" compliances with the rules and regulations of state and local agencies. However, nowhere in the State statutes or rules or local ordinances is it suggested that applicants be granted a license for substantial as opposed to actual compliance with the appropriate regulatory provisions. Finally, it appears that the actual detailed plan for "product Destruction and Waste Management" was not prepared and/or submitted until sometime after the March 15th denial letters. Like all applicants, Great Lakes Wellness Solutions, LLC was given notice of a determination of the Clerk's Office based on the initial application and supplemental filings prior to the deadline for submission. In the case of Great Lakes Wellness Solutions, LLC, they submitted a revised plan with their filing in response to the conditional denial". At no point, was there a provision in law or ordinance which stated that if an Applicant didn't get it right the first two times, they could submit a third plan which would solve all problems. That is not the case here. -77- THE COVERT LAW FIRM, PLLC May 31, 2018 Via Hand Delivery Appellant: Great Lakes Wellness Solutions, LLC 3405 N. East St. Lansing, MI 48906 Attorney for Appellant: Appellee: Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933 r .,_ c::. --l The Covert Law Firm, PLLC 1129 N. Washington Ave. Lansing, MI 48906 )""-.r::-- 1;1 RE: Appeal of Denial of Application to Operate a Medical Marihuana Provisioning Center for failure to submit a sufficient Waste Disposal Plan. --------------------------------------------------------------------------------------------------- C.J C J This letter serves as notice and submission of appeal for Great Lakes Wellness Solutions, LLC (hereinafter "Great Lakes") in their appeal from your decision to deny its application to operate a Medical Marihuana Provisioning Center under Chapter 1300 of the Lansing Code of Ordinances (hereinafter "code"). Great Lakes brings this appeal pursuant to Chapter 1300.15(C) of the code. Summary In its paper appeal filed on March 29, 2018, Great Lakes brought forward the following issues as grounds for reversal: 1. Violation of Due Process. No notice of deficiency was provided by the City of Lansing to Great Lakes which stated that Great Lakes' waste disposal plan was not compliant with "Lansing laws." The initial deficiency notice provided to Great Lakes on February 5, 2018, stated that the waste disposal plan did not comply with Emergency Rule 36. 2. The amended waste disposal plan submitted by Great Lakes complies with Ch.1300 and Emergency Rule 36. Ch.1300 requires that the facility sanitation plan must do all of the following: ( 1) protect against ingestion of marihuana waste by animals or people, (2) must indicate how marihuana waste will be disposed, (3) how marihuana will be rendered unusable, and ( 4) prevent its acquisition by any person who may not lawfully possess it and otherwise in conformance with State law. Great Lakes' waste disposal plan sufficiently addresses each criterion. 1129 North Washington Ave, Lansing, MI 48906 (517) -78--8364 ···-r-r~ i_----·_: THE COVERT LAW FIRM, PLLC 3. The determination to deny Great Lakes' application because "[t]he Sanitation and Waste Disposal plan ... is insufficient to demonstrate compliance with City of Lansing and State of Michigan law" does not meet the requirements for a zoning determination under MCL 125.3606(b)-(d). Factual Background Application for licensure by Great Lakes Wellness Solutions, LLC was submitted to the Lansing City Clerk's office within the required deadline to submit an original application. On February 5, 2018, Greak Lakes was advised that their submitted application to operate a medical marihuana provisioning center was conditionally denied due to the failure of the Facility Plan to comply with Emergency Rule 8(2)(b) -(f). Also contained within this letter was a conditional denial due to an inadequate waste disposal plan under Emergency Rule 36. On February 10, 2018, Great Lakes submitted their revised documentation, including a Statement of Correction, within the required 10- da y deadline to cure these alleged defects. Their application was ultimately denied on March 15, 2018, for a failure of the "Sanitation and Waste Disposal Plan to demonstrate complianqe-wit~Uhe -:.-:-... c:..:i City of Lansing Ordinances and State of Michigan law." : .. ,,. c~ (.;-:· ::1: --·: ·1 ::::-1~ ........ . -1~ CT"j (~-.:1 r ) CJ On March 29, 2018, Great Lakes filed an appeal with the Lansing City Clerk's office. On5¥ay:::Z, ; , i 2018, the City of Lansing sent correspondence to Great Lakes which indicated that its app~al .lfua <~-1 -1·· ! j . been denied. ··~ ,.,',.,; (..) Substantive Law Emergency Rule 36 of the Michigan Department of Licensing and Regulatory Affairs controls Marihuana Product Destruction and Waste and requires the following: 1. Marihuana product that is to be destroyed or is considered waste must be rendered into an unusable and unrecognizable form and recorded in the statewide monitoring system. Review of the materials submitted by Great Lakes addresses and meets these requirements. (See page 2 of 5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual) 2. A licensee shall not sell Marihuana waste or Marihuana products that are to be destroyed, or that the department orders destroyed. Review of the materials submitted by Great Lakes addresses and meets these requirements. See page 1, 2 of 5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual) 1129 North Washington Ave, Lansing, MI 48906 (517) _79_·8364 THE COVERT LAW FIRM, PLLC 3. A licensee shall manage all waste that is hazardous waste pursuant to part 111 of 1994 PA 451, MCL 324.11101-324.90106. Review of the materials submitted by Great Lakes addresses and meets these requirements. (See page 3,4 of 5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual) 4. A licensee shall dispose ofMarihuana product waste in a secured waste receptacle using I or more of the following: a. A manned and permitted solid waste landfill. b. A manned compostable materials operation or facility. c. An in-vessel digester. d. In a manner in compliance with applicable state and local laws and regulations. Review of the materials submitted by Great Lakes addresses and meets these requirements. See page 1 of 5-page Amended Waste Plan. See also page 21 of Great Lakes Policy Manual. The code requires that an applicant submit a facility sanitation plan. It should be noted that a sanitation plan and waste disposal plan are not congruent in nature and that the "elements" required under the facility sanitation plan are as follows: 1. Must protect from ingestion ofMarihuana by animals or people; J ;-__ , ·-r:::J .. ..... 2. Must indicate how Marihuana waste will be disposed of; and c.::.:::. ' ... ., 3. Must indicate how Marihuana waste will be rendered unusable :;.;:.-::1 ... ... . -.... • .. ·' (.1.,:1 4. Must prevent access by any person who may not lawfully possess it . " -· -· __ _, ... .. .. f7! C) •,=:~: Chapter 7(f) on Page 24 of the Original Business I Facility Plan submitted by Great Lakes».tdit~tes • j: ,__ that it will comply with all other applicable state and local building code requirements inte::riaed2feir storage, sanitation, and safety. This statement incorporates by reference the content contained within the Emergency Rules and the code. The Statement of Correction dated February 13, 2018, includes a revised Waste, Chemical, and Plant Waste Disposal Plan. The revisions describe with detail the methodology employed by Great Lakes to comply with Chapter 1300.5(18), as follows: 1. Waste, Chemical, and Plant Waste Disposal Plan: Any waste will be placed in a dumpster, which is protected on three sides by a brick enclosure as well as a locked gate. The dumpster will have an additional locking mechanism. Keys to the gate 1129 North Washington Ave, Lansing, MI 48906 (517) -80--8364 THE COVERT LAW FIRM, PLLC ··.~-c,::.> will be held at all times by a managerial employee. Employees will only be given temporary~acce~~ ~-: • -··· '"l to the dumpster when actively disposing of waste. Employees will have to work in pairs to ~ri;ure~~ ('"Lf '-•--' accountability, and that Great Lakes at all times complies with the Rules and Ch. 1300. · · 2. Policies and Procedures: D. Inventory Control -3. Disposal of Unusable Medical Marihuana: ... · ., · .. C) ,-·- r~-: ........ : The Method of disposal mirrors the language of Rule 36, Chapter1300.9(k) and 1300.5(18). The amended plan indicates that waste Marihuana will be ground for natural biodegradation, will be rendered unusable in compliance with Rule 36, and any further guidance from LARA and the BMMR. The policies also indicate that any waste or destroyed product will be reported through METRC or an approved third-party integration, such as MJFreeway. ~.-; ~ .. (_.) These plans demonstrate actual compliance with the Emergency Rules and Lansing Laws. It should be noted that the applicable ordinance and Emergency Rule with regard to Marihuana Product Waste Disposal is vague. LARA has not indicated the specific methods to render waste product unusable and umecognizable. Hearing Officer Analysis and Recommendation Chapter 1300.15(c) states, "Any applicant aggrieved by the denial or revocation of a license or adverse decision under this chapter may appeal to the City Clerk, who shall appoint a hearing officer to hear and evaluate the appeal and make a recommendation to the Clerk. Such appeal shall be taken by filing with the City Clerk, within 14 days after notice of the action complained of has been mailed to the applicant's last known address on the records of the City Clerk, a written statement setting forth fully the grounds for the appeal. The Clerk shall review the report and recommendation of the hearing officer and make a decision on the matter." Hearing Officer Scullion's Memorandum and recommendation failed to address the violation of Due Process issue raised in the appeal submitted by Great Lakes on March 29, 2018. In her analysis, Hearing Officer Scullion states that "Great Lakes Wellness Solutions, LLC argues that it should be granted a license because it has complied with all of the requirements and that it was unaware that it would be expected to comply with Lansing laws." This statement is wholly inaccurate and fails to recognize the issue presented. Great Lakes is aware of their obligation to abide by both state and municipal regulation. The actual issue presented by Great Lakes involves the language set forth by the City of Lansing in its letter of denial and opportunity to cure, dated February 5, 2018. The letter 1129 North Washington Ave, Lansing, MI 48906 (517) -81--8364 .... ·· .. · THE COVERT LAW FIRM, PLLC expressly states that it is the opinion of the Lansing City Clerk that the waste disposal plan submitted does not comply with Emergency Rule 36; the letter fails to recognize or illustrate any deficiency within the framework promulgated under Lansing Ordinance 1217. As such, Great Lakes curation was tailored to correct any perceived deficiency under state law. Great Lakes was never provided notice with an opportunity to cure an alleged deficiency pursuant to local ordinance. Hearing officer Scullion further fails to employ proper procedure in her review and determination of Great Lakes appeal by focusing on the term "substantial" with regard to the level of compliance illustrated by Great Lakes in its waste disposal plan. The issue as to whether the waste disposal plan is sufficient to pass muster is thwarted. Instead, this hearing officer chose to focus on a term of art contained within the appeal submitted by Great Lakes. The content and sufficiency of the information contained within the waste disposal plan submitted by Great Lakes is not addressed. A De Novo review was not properly completed by the hearing officer in rendering her conclusion and recommendation, on which the City Clerk relied. City Clerk Detennination Under Chapter 1300.03(e), the review by the Commission on appeal of a decision by the City Clerk "shall not be de nova. The Commission shall only overturn, or modify, a decision or finding of the Clerk if it finds such decision or finding to be arbitrary or capricious and not supported by material, substantial, and competent facts on the whole record considered by the Clerk in arriving at such decision or finding." In this case, the decision to deny the Appellant's appeal was arbitrary and capricious. For purposes of this subsection, Great Lakes Wellness Solutions, LLC will be considered Appellant 1. Company, LLC will be considered Appellant 2. Appellant 2 On March 15, 2018, Appellant 2 was issued a denial of application from the Lansing City Clerk's Office for failure to comply with Emergency Rule 36 and "Lansing Laws". Appellant 2 timely filed their appeal on March 29, 2018. On or about May 18, 2018, Appellant 2 received correspondence from the City Clerk's office containing the analysis and determination of the assigned Hearing Officer, Hilary M. Barnard. Ultimately, Appellant 2 was successful in their appeal. The pertinent P°,~on(s) of the Hearing Officer determination is as follows: ·-i" ... , c~.::: -:.:..·:-J ' '· ; --·-' ~;--] -· 1129 North Washington Ave, Lansing, MI 48906 (517) -82--8364 c;·:~ ;:·-~ ~ C:» ;-~·- -'• (..\.:' =~.:; .r.:- !-T. ; (~) (~t; G! r-·~ THE COVERT LAW FIRM, PLLC "In Appellant's March Amended Product Destruction and Waste Management Document, its broad, sweeping statements demonstrate that Appellant has a waste management plan. The plan does not go into sufficient detail as to how Appellant will differentiate between liquid or solid disposal, but it does state the result waste material will be "at least 50% non-cannabis waste by volume." Lacking in this plan are significant details as to how things will be done. This Hearing Officer is unsure if the product will be manually combined with waste product, however the locked containers would deter non-authorized personnel in the business from access. The disposal and waste plan is lacking in specific detail but does pass muster as articulated in the City of Lansing Ordinance which states "Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it." The sub-issue in this provision is that the city ordinance also requires conformance with state law. State law requires more than inputting data in to the Statewide Monitoring System, METRC. The MMFLA Emergency Rule 36 uses compulsory language stating "A licensee shall dispose of marihuana product waste in a secured waste receptacle using 1 or more of the following: (a) A manned and permitted solid waste land fill. (b) A manned compostable materials operation or facility. (c) An in-vessel digester. (d) In a manner in compliance with applicable state and local laws and regulations." Here, Appellant is using a third-part to comply with provisions of (a) and locked containers to comply with provision (b) and the containers on their face seem to meet the requirements of (c)." Appellant 1 As previously stated and incorporated herein, Appellant 1 was also denied their application to operate a medical marihuana provisioning center on March 15, 2018 for failure to comply with Emergency Rule 36 and Lansing Laws. On March 29, 2018, Appellant 1 timely filed their appeal. On or about May 2, 2018, Appellant 1 received correspondence from the City Clerk's office containing the analysis and determination of the assigned Hearing Officer, Mary K. Scullion. Ultimately, Appellant 1 was not successful in their appeal. The pertinent portion(s) of the Hearing Officer determination is as follows: On page 1 of her report and recommendation, the Hearing Officer states: ~···./ ~~ ._ .. "On March 29, 2018, Great Lakes Wellness Solutions, LLC filed an appeal with '.:_2 the Lansing City Clerk's Office. That claim of appeal is what is currently before --; -~ the City Clerk's Office. It appears from the record that at some time after the ,.... .. · .. _, March 29, 2018, deadline a revised but undated plan was submitted." r-_ ... r-r: -< :=~·-: ~~ The updated Waste Disposal Plan was submitted on or before the March 29, 2018 deadliiie. R~'ther than attempting to verify, the Hearing Officer made an inaccurate assumption which ultimately renders her analysis flawed and her conclusion wrong. Appellant 1 submitted a mirror image of the Waste Disposal Plan submitted by Appellant 2 and on the same date as Appellant 2. In this case, the Hearing Officer was confused as to the date of 1129 North Washington Ave, Lansing, MI 48906 (517) -83-·8364 •I THE COVERT LAW FIRM, PLLC submission of the updated Waste Disposal Plan because the document was lacking any date or time stamp indication. The City Clerk relied on the report and recommendation of the hearing officer. In Appellant 2's case, the information submitted was considered timely and was applied to the analysis of the City Clerk and found to be in compliance with the requisite information sought; Appellant 2's appeal was granted. In Appellant 1 's case, the information submitted was considered untimely and was not applied nor taken into account by the City Clerk. Appellant 1 was found to not be in compliance with the requisite information sought pursuant to Rule 36 and the code; Appellant 1 's appeal was denied. Conclusion The decision to deny the appeal submitted by Great Lakes was arbitrary because it erroneously disregarded information that was submitted timely, was accepted and taken into account for other applicants, and that contained the necessary information sought under Rule 36 and the code. A De Novo review was not afforded to Great Lakes in its initial appeal, and several points of contention were missed in Ms. Scullion's report and recommendation. The Application submitted by Great Lakes is sufficient to comply with the Emergency Rules and Chapter 1300 of the code. The City Clerk made an arbitrary and capricious decision to deny Great Lakes' application based upon the perceived insufficiencies contained within their Waste Disposal Plan and reliance on an erroneous report compiled by the Hearing Officer. Respectfully, ; .. r -.._"I -,, ~,. C") ... .. .. c..:·:: .. . -, .. ., ~?;: Nickolas G Calkins ' ~'· .-• .. i 1129 North Washington Ave, Lansing, MI 48906 ( 5 1 7 ) -84 --8 3 6 4 r~·~: ···~ .. .. ~--< Cl r··- !"·• '' .. ,. ..__, ... CV .... _:~ ··.- ---C.<1 ; i . .--, \_ .. r-, -·f .---·-- ! l ! · .. ,_,