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Home My WebLink About2018.07.26.MM Commission packetLansing City Clerk’s Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, MI 48933-1695 517-483-4131 517-377-0068 FAX www.lansingmi.gov/clerk city.clerk@lansingmi.gov City of Lansing Medical Marihuana Commission Thursday, July 26, 2018 2 p.m. 124 W Michigan Avenue City Clerk Conference Room, 9th Floor Meeting Agenda 1. Call to Order 2. Approval of the Agenda 3. Approval of Minutes 4. Commission Appeal Hearings Appeals are heard following the approved Medical Marihuana Commission Appeal Hearing Format Huron Wellness and Solutions – 3812 S Martin Luther King Jr Blvd Superior Wellness Solutions – 5716 S Pennsylvania Avenue Suite B 5. Excused Absences 6. Public Comment 7. Adjournment Chris Swope Lansing City Clerk MINUTES City of Lansing Medical Marihuana Commission REGULAR MEETING July 20, 2018 – 2:00 P.M. City Clerk 9th Floor Conference Room 124 West Michigan Avenue The meeting was called to order at 2:06 P.M. BOARD MEMBERS PRESENT: Brockton Feltman - Vice Chair Jason Peek Anita Turner John Addis ABSENT: Tracy Winston – excused A QUORUM WAS PRESENT. STAFF PRESENT: Chris Swope, City Clerk Brian Jackson, Chief Deputy City Clerk Deb Biehler, Office of the City Clerk Heather Sumner, Office of the City Attorney Jim Bennett, Office of Building Safety APPROVAL OF AGENDA: Moved - John Addis Second - Anita Turner MOTION CARRIED APPROVAL OF MINUTES: Moved - Anita Turner Second - Jason Peek MOTION CARRIED CHANGE OF MEETING TIME 8/17/18 TO 10:00 AM: Moved - Anita Turner Second – Jason Peek MOTION CARRIED COMMISSION APPEAL HEARINGS: Cap City Medication Station. – 3301 Capital City Blvd Moved by Anita Turner to postpone appeal to a later date. Second John Addis. MOTION CARRIED. SCORING CRITERIA REVIEW EXCUSED ABSENCES: Moved – Anita Turner Second – Jason Peek MOTION CARRIED PUBLIC COMMENT: None ADJOURNMENT: 2:35 PM Timeline Huron Wellness and Solutions LLC 3812 S Martin Luther King Jr Blvd Lansing, Ml 48910 December 15, 2017-Application submitted with Sanitation & Waste Disposal. .. 1 December 21, 2017 -Department Review of Application Begins February 5, 2018 -Building Safety Denial -Sanitation & Waste Disposal Plan ....... 9 February 7, 2018 -Denial Letter sent from the Office of the Clerk ............................ 9 February 10, 2018 -Updated document submitted ................................................... 11 March 10, 2018 -Building Safety denial of submitted correction ............................ 70 March 15, 2018 -Second denial Letter sent from the Office of the Clerk .............. 71 March 28, 2018-Appeal submitted ............................................................................. 74 April 10, 2018 -Building Safety denial explanation .................................................... 85 April 20, 2018 -Appeal to Hearing Officer May 11, 2018 -Hearing Officer Decision Denial letter .............................................. 87 June 7, 2018 -Commission Appeal submitted ............................................................ 94 obtain Medical Marijuana in grams including combinations that break down various portions of the Ounce. For example: I gram 3.5 grams (I/8th oz) 7 grams (1!4 oz) 14 grams (Y:i 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 Preeway 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 label s to avoid the potential of any unlawful use or access by children as well as lhe 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 • If not 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 ((/ways priority to utilize MJ Freeway uutomutetl receipts aml label!i' and all tra11sactio11s must be co11<111cted via secure electro11ic device BY THE SELLER or via telephone by a11otller Agent. If t/Je Agent ca1111ot r1111 tlte Micfliga11 Departmellt of LARA system., YOU CANNOT COMPLETE THE TRANSACT/ON. If a11otlzer Ageut records the transact/011 /11 Mlcliiga11 Department of LARA on your behalf, you 'II be required to 11ote tit is 011 tlte respective trip plan. 7. Sanitation Plan, Proper Stomge and Stlje~11 in the Fuc:il/(11 -1300.5(18) (a) A grower/processor/provision facility shall maintain its facility in a sanitary condition to I imit the potential for contamination or adulteration of the medical marijuana grown, processed, or 23HWS -1- dispensed in the facility. The following apply: (i) Equipment and surfaces, including floors, counters, walls and ceilings, shall be cleaned and sanitized as freqllently as necessary to protect against contamination, using a sanitizing agent registered by the United States Environmental Protecti on Agency, in accordance with the instructions printed on the label. Equipment and utensi ls shall be so designed and of such material and workmanship as to be capable of being adequately cleaned and sanitized. (ii) Trash shall be properly removed. (iii) Floors, walls and ceilings shall be kept in excellent co ndition. (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 managem ent 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, san itizing 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 emp loyee 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, includi ng the fol lowing: (I) Maintaining adequate personal hygiene. (2) Wearing proper clothing, including gloves (3) Washing hands thoroughly in an adeq uate hand-washing area before starting work and at any other time when hands may have become soiled or con tarn inated. (4) Refraining from having direct contact with marijuana if the person has or may have an illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of micro bial contamination, until the condition is corrected. (c) A grower/processor/provi sioning center shall provide its employees and visitors with adequate and convenient hand-was hing facilities furnished with running water at a temperature suitable for sanitizing hands. The fo llowing apply: (i) Hand washing facilities must be located in processi ng areas and where good sanitary practices require employees to wash and sanitize their hands. (ii) Effective non toxic sanitizing cleansers and sanitary towel serv ice or suitable drying devices shall be provided (d) A grower/processor/provision shall provide its emp loyees and visitors with adequate, read ily 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 non public system that is capable of providing a safe, potable and adequate supply of water to 24HWS -2- 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. 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 (Fl 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 transfem~d 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, 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 lctemification Cards name. address, and date ofhi11h orthe qualifying patient: name, address, and date of hirth of the primary caregiver, if any. of the qualifying patient; da.te of issuance and expiration date of the registry identification card; 25HWS -3- a random idenlification number: A photograph, if the department requires one by rule; and a clear designation showing whether the primary caregiver or the qualifying patient will be allowed under state law lo possess Lhe marijuana plants (dete1mined based solely on the qualifying patient's preference). and with verification of State's electronic system, and only after being checked-into the facilities patient management system and verifying that the patient is eligible to purchase marijuana and has not exceeded his/her patient allotment by LARA'S system . ../ Label storage areas according to the type of chemical family or hazard classification found there . ../All storage, processing, breaking down of product, will be done in a separate room out-side of public view and the dispensing floor . ../ Inspect storage areas at least annually, as required by OSHA ../ Keep aisles, hallways, doorways, exits, and entryways clear. ../ Keep storage areas well lit, appropriately ventilated, and at a consistent, cool temperature . ../ All storage areas will be properly ventilated and air-filtered to the highest degree ../ Eliminate ignition sources such as open flames, heat sources, or direct sunlight. ../ Keep emergency equipment such as fire extinguishers handy and in good working order . ../ confine chemical storage areas so that leaks or spills are controlled. Prevent chemicals from running down sink, floor, or storm water drains. Clean up spills and drips immediately. Ventilation Policies -1300.9(1) The facility shall not operate in a manner creating noise, dust, vibration, glare, fumes or odors detectable to normal senses beyond the boundaries of the property on which the Provisioning Center is operated or any other nuisance that hinders the public health, safety and welfare of the residents of the City of Lansing. Exhaust fans will be installed that will provide a minimum of 10 air changes an hour. The exhaust system shall have a means of replacing the exhausted air with makeup air. Either interlocked mechanically or negative pressure natural ventilation. Calculations will be required on the plans to show that the exhaust system will be creating a negative pressure in the business so as to draw in fresh ventilation air. A note will be added to the plans stating that an air balance report will be required to show compliance with the approved plans. The complete report, including a statement of compliance on company letterhead from the entity designated by the design engineer shall include a wet-stamp and wet signature. The inlet of each exhaust will have a carbon filter installed. The filters will have a replacement schedule of monthly. Owner/Operator shal I maintain written service records and provide them to the Authority Having Jurisdiction (AHJ) upon request. 26HWS -4- Each exhaust fan will be independently ducted out through the roofof the business. 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 fNFORMATION 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 TH E 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 CHEMfCAL PRODUCTS USED IN THE SERVICE: This is because many of the seemingly harmless items found in every service 27HWS -5- are potentially dangerous particularly when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also burn the skin and seriously damage lhe 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 bum 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 Datn 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. Fol low 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 I hazardous and other waste separate. Sweep/mop floors dally and wash away dirt and dust. Trash taken out dally. No trash is to be left In any trashcan 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 28HWS -6- handled any sort of facility trash and/or waste. If you use the bathroom, use the provided handwashlng 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. • 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 Huron Wellness and 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 cool1 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 voe": 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. -7- 29HWS 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 The individual designated in subsection (A) shall conduct and document an audit of the facility's inventory that is accounted for according to generally accepted accounting principles at least once every 30 calendar days. Ml Freeway™: Our unique patent-pending system allows yo u to easily reconcile bulk inventory, even if it is in multiple different locations (she If, safe, grow, etc). I. If the audit identifies a reduction in the amount of medical marijuana in the facility's inventory not due to documented causes, the facility shall determine where the loss has occurred and take and document corrective action. MJ Freeway™: Our Inventory Report shows real-time quantity on hand for every strain and total overall quantity on location. Any action performed on any product is captured within that product's inventory transaction history. We also allow for unlimited store defined reconciliation justifications. Any type of known reduction can be documented at any time. If inventory is reconciled by the facility with diligence, unexplained reductions in inventory can be dealt with immediately and documented within the appropriate product's history itself. We were built from scratch to easily handle this requirement and it is a tremendous advantage! 2. If the reduction in the amount of medical marijuana in the facility's inventory is due to suspected criminal activity by a facility agent, the facility shall report the facility agent to the Department and to the local law enforcement authorities. MJ Freeway™: Every action performed on inventory is time stamped and User/Agent stamped. 9. Records Ri!le11tio11 MJ Freeway™: Inventory transaction history is held securely on redundant servers and cannot be deleted, even by Admin (full pri vilege) users. This al lows us to indefinitely record all purchase and transaction history. MJ Freeway'™: provided, upon request, a DVD backup of any data, which could be submitted to the Department if required. In addition, administrators of the system can produce reports on the fiy to substantiate any Department request. Records of inventory are kept at a minimum of 5 years. **Procedu re(s): (Step~by-step instructions for completing the following tasks) "·Acquiring .Medical Marijuanajiwn a Grower or Proce.'lsor When acquiring medical marijuana from a Grower or Processor Facility, there is a strict procedure to follow. All vendors are verified via their applicable Michigan Department of LARA Registry ID and the on line POS verification system prior to any negotiations or acq uisition. All business licenses, Tax forms, and licenses must be obtained before transaction occurs. I. The providing fac ility must register with our Tier 1 Managing Agent to become a registered vendor in our MJ Freeway inventory and tracking system. 2. The facility inust also present applicable Lab Results from a third party testing facility that 30HWS -8- Name of Establishment I Establishment OBA {If Known) HURON WELLNES AND SOLUTIONS LLC Establishment Address City State 3812 S MARTIN LUTHER KING BLVD Lansing Ml Medicar Marihuana Provisioning Center Application OFFICAL USE ONLY February 5, 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. Please note that the documents submitted must contain all of the elements necessary to demonstrate compliance with Emergency Rule 8 and Emergency Rule 26. 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 'i'' I 7. ·-) _;_, j -! l ,-.. ·I .. ' i ,• _,i-j fl c . . ., (> ._, Page 1of1 . t .. , ...... l/l'~·•"~ ('' (j ,}Ir'< 0\1• (/11. "1· -9-1· 1c\ .... ,. • j S',. ) stafllJ)s endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0598 4792 33 Priority Mall 2·DAY with USPS TRACKING#· Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 02/07'2018 Malling Date: 02/07'2018 From: Chris Swope To: Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 Huron Wellness & Solutions LLC 3334 Rochester Rd 165 Troy MI 48083-5426 USPS Postmark Here 'Rog.Jar Pr1orfly Mail 2·DAY Sotvioo posttgo llltn 91>1>ly. There Is no teo lor Delivery eonnrmellon"' s8Nlce on Pr1orttv Mell 9eMeas With U$9 ol tlil& ele<:tronlc shipping label. Postmorl< ro<µttd ii rev 111Mld ~5ted. Oellvery lnlotmotlon Is not evoiloblo by phone for the el!dronlc opllon. Instructions: 1. Adhere shipping lt1bel 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 lhe package. 3. This peckege may be deposited In any collection box, hended lo your mell carrier, or presented to a clerk at your local Post Office. 4. Each confirrnaUon number Is unique end can be used only once - DO NOT PHOTOCOPY. 5. You must mall this package on the "mail date" thal is specified on this label. -10 - February 7, 2018 Huron Wellness & Solutions LLC 3334 Rochester Rd #165 Troy, Ml 48083 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 at 3812 S Martin Luther King Jr Blvd, Lansing 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. Please note that the documents submitted must contain all of the elements necessary to demonstrate compliance with the State of Michigan Emergency Rule 8 and Emergency Rule 26. 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 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. Michlaan Ave., Lansing, Ml 48933-1695 51 7-483-4131 ~-ll -·377-0068 FN< ww.lansingmi.gov/clerK :;; clerk@lansingmi.gov STATEMENT OF CORRECTION Huron Wellness and Solutions, LLC 3812 S Martin Luther King JR. BLVD Lansing, Ml 48910 Chris Swope, Master Municipal Clerk Lansing City Clerk RE: February 7th, 2018 • Marihuana Facility Plan per Emergency Rule 8(2): (b), (c), (d), (e), and (f) o Emergency Rule 26 • Waste Disposal Plan per Emergency Rule 36 Statement of Correction Marihuana Facility Plan per Emergency Rule 8(2): (b), (c), (d), (e), & (f) Emergency Rule 26 MMFLA EMERGENCY RULES 8(2): (b) Date Corrected: 02/10/2018 Huron 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 the same location as provided for in Rule 24.'' Huron 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, vault and interior room specifications, physical address added to plan, location of common entryways, doorways, or passageways highlighted, means of public entry or exit called out, limited-access areas called out. and indication 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, per Rule 24. (Enclosure/Attachment: Page A2.0 "FLOOR PLAN" & Page AS1 .0 "ARCHITECTURAL SITE PLAN") -12- MMFLA EMERGENCY RULES 8(2): (c) Date Corrected: 02/10/2018 Huron 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." Huron 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 in the "Notes" section of the plan, dividing structures, firewalls, and clearly stating all entrances and exits. (Enclosure/Attachment: Page A2.0 "FLOOR PLAN") MMFLA EMERGENCY RULES 8(2): (d) Date Corrected: 02/10/2018 Huron 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." Huron 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 Qispensing 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 West entry point of the facility, In to the Limited Access portion of the building. A Secure Transport vehicle can pull directly up to the West entrance of the facility. (Enclosure/Attachment: Page A2.1 "EGRESS PLAN") MMFLA EMERGENCY RULES 8(2): (e) Date Corrected: 02/10/2018 Huron 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." -13- Huron Wellness & Solutions corrected this structure Marihuana Facility Plan per Emergency Rule 8(2): (e) by highlighting the construction details to new additions on the plan as well as outlining Fire Rating and Fire Suppression under building data. · (Enclosure/Attachment: Page A2.0 "FLOOR PLAN") MMFLA EMERGENCY RULES 8(2): (f) Date Corrected: 02/10/2018 Huron 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." Huron 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, "Existing Wood Frame Walls And Roof Building". (Enclosure/Attachment: Page A2 .0 ''FLOOR PLAN") -14- Huron Wellness and Solutions, LLC 3812 S Martin Luther King JR. BLVD Lansing, Ml 48910 Chris Swope, Master Municipal Clerk Lansing City Clerk RE: February 7th, 2018 Statement of Correction Emergency Rule 26 MMFLA EMERGENCY RULES 26 Building and Fire Safety Date Corrected: 02/10/2018 Huron Wellness and Solutions application was reviewed and determined that the structure lacked a Marihuana Facility Plan in compliance with the State of Michigan Emergency Rule 26. Building and Fire Safety, which details: Rule 26. Building and fire safety. (1) An applicant's proposed marihuana facility or a licensee's marihuana facility may be subject to inspection by a state building code official, state fire official, or code enforcement official to confirm that no health or safety concerns are present. (2) The department or Its authorized agents. state building code official, or his or her authorized designee may conduct pre-licensure and post-licensure inspections to ensure that applicants and licensees comply with the Stille-DeRossett~Hale single state construction code act, 1972 PA 230, MCL 125.1501to125.1531. (3) An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy has been 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 pennit for any building utilized as a proposed marihuana fa cility or marihuana facility as provided in the act and these rules. The issuance, enforcement. and inspection of but1ding permits under this act may remain with the govemmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531. (b) An applicant or licensee shall obtain a building pennit 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. (4) An applicant or licensee shall not operate a marihuana facility unless the proposed marihuana facility or marihuana facility has passed prelicensure fire safety inspection by the Bureau of Fire SeNices (BFS). The department or its authorized agents, or state fire -15- marshal or his or her authorized designee, may conduct pre-licensure and post-licensure inspections of a marihuana facility. An applicant or licensee shall comply with the following: (a) A BFS inspection may be conducted at any reasonable time to ensure fire safety compliance as provided in this rule and subrule (5) of this rule. A BFS Inspection may be annual or biannual and result in t11e required installation of fire suppression devices or other means necessary for adequate fire safety pursuant to state standards. (b) BFS may require marihuana facilities to obtain operational permits, including but not limited to, carbon dioxide systems used in beverage dispensing applications, amended for cultivation use and extraction, compressed gases, combustible fibers, flammable and combustible liquids, fumigation and insecticidal fogging, hazardous materials, high piled storage (high rack system cultivation), and liquefied petroleum (LP) gas. (c) For specific installation or systems, BFS may require facilities to obtain construction permits, including but not limited to, building construction, electrical, mechanical, compressed gases, flammable and combustible liquids, hazardous materials, LP gas, automatic fire extinguishing/suppression systems, fire alarm and detections systems, and related equipment found during fire safety inspections. (5) The department or its authorized agents, or state fire marshal or his or her autt1orized designee, may conduct a BFS fire safety inspection of marlhuana facility, at any reasonable time to ensure compliance with the national fire protection association (NFPA) standard 1, 2018 edition, entitled "fire code." which is adopted by reference as part of these rules. A licensee shall comply with the NFPA 1, 2018 fire code as adopted and the following additional requirements: (a) Ductwork must be installed with accordance with the manufacturer and NFPA 90A. (b) Suppression systems outlined in NFPA 12, NFPA 13, NFPA 17, NFPA 2001 may be required to meet the suppression needs within a marihuana facility. (c) Processors, growers, and safety compliance facilities shall Implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust ventilation equipment must be appropriate for the hazard involved and must comply with local fire code and Michigan mechanical codes. (6) In addition to meeting all the requirements in subrules (1) to ( 4) of this rule, growers and processors shall also comply with the following: (a) The department or its authorized agents, or state fire marshal or his or her authorized designee, may enter and inspect a grower and processor marihuana facility at any reasonable time. (b) In addition to any inspections required under the act and these rules, fire safety inspections are required if any of the following occur: (i) Modifications to the grow areas, rooms and storage, extraction equipment and process rooms, or marihuana-infused product processing equipment within a marihuana facility. (ii) Changes in occupancy. (iii) Material changes to a new or existing grower or processor facility including changes made pre-licensure and post-licensure. (iv) Changes in extraction methods and processing or grow areas and building structures may trigger a new inspection. (c) For extractions using compressed gases of varying materials including, but not limited to, butane, propane, and carbon dioxide that are used in multiple processes in cultivation or extraction the following must be met: (i) Flammable gases of varying materials may be used in multiple processes in cultivation or extraction and must meet the requirements in NFPA 90 A, NFPA 58, Appendix B of NFPA 58, NFPA 70 and the applicable parts of the international fuel gas code. (ii) Processes that extract oil from marihuana plants and marihuana products using flammable gas or flammable liquid must have leak and/or gas detection measures. All equipment used in the detection of flammable and/or toxic gases must be approved by the BFS and may require construction and mechanical permits. (iii) Marihuana facilities that have exhaust systems are regulated by NFPA 45, NFPA 91 and the applicable parts of the Michigan mechanical code. Huron Wellness and Solutions corrected its structure Marihuana Facility Plan per Emergency Rule 26 by updating the Site Plan and Floor Plan to indicate the facilities compliance with the State of Michigan LARA's EMERGENCY RULE 26. Edits have been added to the "building data" portion of the plan outlining the proposed facilities compliance to all regulations. Codes outlined are as follows; 2015 International Fire Code, 2015 International Fuel Gas Code, NFPA 72 (2018), NFPA 13 (2018), NFPA 12, NFPA 17, NFPA 2001. (Enclosure/Attachment: Page A2.0 "FLOOR PLAN'') -17- Huron Wellness and Solutions, LLC 3812 S Martin Luther King JR. BLVD Lansing, Ml 48910 Chris Swope, Master Municipal Clerk Lansing City Clerk RE: February 7th, 2018 Statement of Correction Waste Disposal Plan per Emergency Rule 36 Rule 36. Marihuana product destruction and waste management. Date Corrected: 02/10/2018 Huron Wellness & Solutions waste disposal plan was reviewed and determined that the waste disposal plan lacked sufficient detail to determine compliance with LARA Emergency Rule 36, which states "Rule 36. Marihuana product destruction and waste management"-Huron Wellness & Solutions corrected this by adding Huron Wellness and Solutions Waste, Chemical & Plant Waste Disposal Plan in addition to amending its Policies and Procedures: D. lm·cntory Control 333.27207 Third-Party Inventory Control aud Tracldng System -2. Di.\'jJo.wll t~f U111m1ble Medical Marijua1w ( Pg 20-22 of Policies and Procedures) and adding and addressing a Waste Disposal Plan in accordance and compliance with Emergency Rule 36. Per LARA. (Enclosure/Attachment: Huron Wellness and Solutions Waste, Chemical & Plant Waste Disposal Plan) (Enclosure/Attachment: Huron Wellness and Solutions pages 21-22 of Policies and Procedures detailing Waste Disposal Plan) (Enclosure/Attachment: Huron Wellness and 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) -1 8- I ...... \.0 I ·-·J -=-I 'b .r ~ ;t l®I ~ B' ~ ""';;:;- ~ ~ H i i ... ---·--- ~· ---- -0 1 11 1 11 1 ""---~ ~ !~ l...~~~~~~~~~~~~-'--..,,,H.strrolltr::-::::~~W~:NUJfl:-=-,=-~~~~~~~~~~~-'~ -- ""-IT Nl\l'l:l:W W •1'.llll' -:ii .. ...,,....,. .. ,_._.., -·- ""' ~ lr1A'. g ii ~I ~ ~ 151~ ~1~ 3 ~ ~i t::: itl ~i §I ol . fl>I I i NORTH ~ SCALE: 1"=.20' SITE CRITERIA: IMCD..t.mwr=t ............... ~~-,,.~ ~L»A:lla.V.-..ICGW'-IUl;I ..no.o.QT?'~ ,.,.._..""""" ................ ,._.., CN!l'1)...:r .... 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I ill ;~! g ., ' ~ 9 I I ·' ffi 111 -21 - I N N e e .Slff:ANO STOAAGE .ADM1NISTRl\TION OFiflCE 0 0 -11° s; ~kP EXl'IO..'r A"°_., ®e,"'"" ffi 11'SC1 .0 Sl!QJrTiy plB11 e 0 0 SG A ~ ,....,!<===~~--""""""'=-===<=====z======'>l OISPC·tlSllilG ROO., Q/SJO!iEfl Fl.~- ~TID'lal' flECEJ'TlDN e WAITIN(; AREA 0 0 RECEPTQ.1 i 0t<P ......, I SG 90'R"rJIOlrl' A@ e -·-OUl-1,1 BmK Q9 DESIG.N•PLAH H 1"4CI () m ...J ::! ...J :;! (!) • z zg z ii c(" ...J a. . -+ .!! z ~ (!) ~ ©. w c .;.~ ~~~ m o E &~ ctl ~~ Ptq>osed seOJ~ s\'IDIJol leQEfld 0 """.._ Medical Mllt'ihuana Pra.;siOl!llng Center, :Jll2S.C....U..V.~ ....,,,_ ~N 14tiill 0 """"""~ - A ...... """""" Huron WeUooss and Solll11o""-LlC. '»Sl~Fb.t © '°"""""""' .... l vt. Ml4)5l ·~ 0 l':'llw'CIUntl1 I ~ "" .SG 3Bl.mrTOLNID -·-----~· D ~-.L SEC'l.RJTY f'l.1'N --'91t-'GI -· .... . -·-- SC1.0 Huron Wellness and Solutions Waste, Chemical & Plant Waste Disposal Plan The waste disposal and chemical disposal and plant waste disposal plan for Huron Wellness and 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. Dlspnsal c~( V1111:,·ublt: Medical Mar(iuanu (bmmtory Control Relative /)etflil,\) Documentation or lhe dispo~rnl of medkal marihu\1m1 will be rec<>rd~d in the slalcwide monitoring syste1n ·'tvlETRC'' and record ed willlin the C()mp•~nil.!S Se~d-to·Salc so-ilwarr ··rvUFrct'wny•· 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 including1 if applicable, the number of failed or other unusable plants; ii. Date of disposal; iii. Method of disposal (Thi:: f~ici liry $h~:11! dispose cir mnrihuana prnduc1 waste in a secured waste receptacle using I Oi' more of"lhc follo\ving: )); and (a) t\ mannetl mid permitted solid waste landfill. (b) A m:rnncd ..:nmpostablc llHllerials operntion or l':-1cili1y. (c) An in·VC$Scl digester \onl_y at the grow facility.) (d) In u nrnn11cr in compli•W(;c:> with ~1ppllcablc state and local laws and regulalions. 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 . -23- As per th o City of Lllnsin~ Ordinance 12 l 7: 1300.9(K) U*Disposal of Marihuana shall be accomplished in a manner that preYents its acquisition by any person who may not lawfully possess it and otherwise in nonwconformance with state laws ''LARA EME l~GENCY lWL11'. 3(1" and any utlwr anwndmenls or (!mCrgcncy rule~ thul arc provided from LARA :i s !ht• program <tdn111ces. 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 ofthe 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 al I 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 anytlme. '~'\\i'vlEND ED 02/07/1018 PER Rl:I WAST!~ DISPOSA i., PLAN PER El'vlEIWENCY RULE .3 6'"' I\$ Per LARA'$ EMERG E.NCY RU! ,E 36 A.II medical nrnrihmHl<l and related produi:t that cnmains nwrijua11;1 111\H is rc1ur111;d, trimmed, C(ln tn11iin~1t~d or mh~'l'wise req uired tn be dcsrmyed nr disposed or (i.~'. conlain iMlion, l:!Lc.l shall bl.l done in ucc.:ord ~u1c~ wirh the 13rv1MR LARA·s Emt'rgt>ncy Rule 36. --1~farihua11a pror)w:t d1!Sf/'11<:fi1m l/17(} w<1sh' mr111ag~·111..:11f. •· (,I) f\tlarihuana rrncluet 1h;H is Lo be dc:;troyl'.'cl or is considered waste must bi.'-rcndl:'red inlo an unusabl e and unrccognlzabk form and rccnrdccl in the statew ide monitoring sy:5lrn1. (2) The fodlity shall not sell 11rnrihua11:·1 waste or marihuana produi:-l"s thal are to be 1.k sL1·oyl'tL nr thal Lili;' lkpurl111enl ord~~rs destroyei.I. (See pg 15. D. lnvcnl'(lrY C1mtrol l13.27207 Third-Party l11v .. '1lln1y Control nnJ lra<;king Systt:ln; I. Inventory Conlrt)I Syskin: ("f) Ratcll Recalls l (J·i ·1 he;: fac.;ility shall manage all w~1s(~! tl!ut is lwzardous waste pursuunt I~) pait 11 l of 1994 PA 451, fVlCL. 324.11101 TO324.90 106. t\LL Ht\7./\R.DOUS WASTE WILL BE ·rntATE!> i\NIJ DI SPOSED OP IN COM PLl i\NCE WITH Michi;;tin C1.i111pil,)d Low s fvlCL Nr~T URJ\L RESOURCES AND ENVIRONM ENTAL PROTECTION /\CT. /\CT 451of1994. PART J 11 . HAZARDOUS WASTE l'vlAN,\GEMENT. Sec A ttnch..:-d: 1 l J Pcr$Olln~l lraining Requiremen ts fnr Fully R..:gulated Cil!n~rnwrs of' Hn.lardou$ Wask \2) Copy Pl' Act 4 51 of 1994 Part 1 ·11 i'v!CL.324.111 O I Hazardou~ Wast~ Mamigcn1c11t. v-n The facility sh\lll dispo1e or ninrihuana product waste in a secure<! was te receptHclc using I or lll(H\: oft.he following; {i'I) ;\manned and pcnnined solid w~1st~ lanclt111. th) J\ 1nanni;:d cornposlabk• 111atcri(1ls operation or fi1cil iLy. tc) An in-vcss!!I digcslc!' (only ;it a g.rnw foci I ity.) (J) In n 1na11n~i' in compliHncc wi1"11 applicable s late and lu,·al laws Md regl1lations. \5 ) vV~1stcwt\Ler g.cncnikd duri11g th~· cultivation of nrnrihuana and proc.;~si11g (lf rn arihuana products ~1i~1 ll k dispo5;:d or in ~·ompliam:~ wilh ~ppli cnble stat~ and local lawi; <Hid regululiM~ -24- See Standard Operations Procedures Pg 3. Chemicals Huron Wellness and 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 shail 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 VOC11: 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. STORAGE & HANDLING OF CHEMICALS POLICY Policy Statement: To eosure that the workplace is safe for staff, visitors, and patients by ensuring that all chemicals are stored and handled in the safest nnd most secure way possible. IMPLEMENTATION: BEFORE YOU START: TRAINTNG 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 -25 - 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 n 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 ce1tain 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 SPlLLAGE ACCIDENT OCCURS FOLLOW THE CLEAN UP AND FIRST AID PROCEDURES ON THE MSDS IF A PATrENT 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 F AMJLJAR WITH THE CHEMICAL PRODUCTS USED IN THE SERVICE: This is because many of the seemingly harmless items found in every service are potentially dangerous particulady when stored in bulk. For example: Household bleach can kill a person who swallows it. It can also burn 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 to.xlc. INFORMATION ABOUT CHEMICALS: Each program must have Material Safety Data -26 - 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 ~1se 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 equiprnent will be listed in the MSDS. General sanitation in the facility Discard trash In the appropriate waste cans: Regular Trash, Recycle, and Chemical Waste/ Hazardous Disposal. Marijuana material waste/ hazardous and other waste separate. Sweep/mop floors dally 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 extting. 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 surlaces 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. -27- • 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 Huron Wellness and Solutions, LLC will implement an all "green cleaning" method In whlch 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. lsopropy l Alcohol 2. Chemicals which have "LOW voe or NO voe": 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 s. Hand Soap 6. Hand Sanitize r Prior to handing chemicals, appropriate safety measures should be taken: Work in an open, ventilated area (unless specifica lly recommended against for a particular chemical). Wear appropriate clothing. Long pants, close-toed shoes or boots1 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 -28 - 6. Always assume the spill ls hazardous and wear PPE. a. In the event of fire or explosion resulting from chemical splll, refer to 'Fire' and 'Explosion' sections In this document for proper procedure. 7. Contain chemical splil 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. Io. Call supervisor if not having done so already. -29 - 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. Huron Wellness and Solutions takes every measure to ensure your safety while inside the dispensary. As an employee of Huron Wellness and 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 Huron Wellness and Solutions Emergency Situations Policies and Procedures. Employee Name (print) Employee Signature Date This form will be added to your personal file. -30- Huron We~lness and Solutions, LLC dba : GREENPHARMS Policies and Procedures -31- 1 HWS Table of Contents ~'(pngc numbers are approximlltc dm.• to rnvisions)"' A. Hours of Operation Pg. 5 B. Job Descriptions and Employment Contracts Pg. 5-12 I. Personn el Supervision 2. Training & Confidentiality 3. Perfonnance Evaluations 4. Disciplinary Actions 5. Employment Contracts C. Business Records Pg. 13-15 I. Records 2. Retention a. Method(s) b. Time-Prame D. Inventory Control 333.27207 Third-Party Inventory Control and Tracking System Pg. 16-32 I. Inventory Control System (a) acqu iring and transfer of medical marij uana 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 Marij uana (Inventory Control Relative Details) -1300.9{K) ~ il'AivtENDED 02/(17/2() IS PER RFI WASTE DI SPOS 1\L PLAN PER EIVIERGENCY RULE .16"" 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 Stomgc and Access Requirements 1300.9 (F) (G) Vcntil:ition Policies · 1300.9(1) STORAGE & HANDLING OF CHEMICALS POLICY General sanitation in the facility Facility Cleaning And Sanitation Standards 8. Audits 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 faci.lity 2HWS -32- facility agent is captured in the user ID record. The time and date, as well as the receiving user ID, is captured for every checked in purchase order. (e) Certified Laboratory Testing Results 1300.9(R) Certified Laboratory Testing results that display at a minimum the Tetrahydrocannabinol (THC), 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 provisioning center patients/cuslomers upon request and prominently displayed. 2. P1·0,·1:tlurc!SjiJr Tes1;,1g Contcunimmts ~ 1300.5(20) Procedures for testing contaminants wi ll 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 Transpo1ter to a third party Safety Compliance Facility. Where each batch of marijuana harvested will be tested for THC, CBD, along wilh a handful list of other various cannabinoid molecules, terpene profiles, and contaminants, such as molds and pesticides. See attached: additional supplemental informalion including: "Sampling and Testing Guide for Metrci• 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 Plow" chart showing the process in which it requires to test batches of medical marihuana. Because LARA is using the saine METRC software system as Oregon, we can presume the process will be simi lar, if not identical. 3. Di:,po.w1l of Unu.mble Mediml Mar~imma (/111•e11tory Co11tral Relative Details) -l300.9(K) Documentation (1f' (he disposal of" medical 111arihua11a will be recorded in th~ slak\.vide llH~niwring system ''MtlRC"' and r~t:orded within the Companies Seed-w-Sail' ~o rt\.vare "MJFreeway'' a~ well ns kept via our clo,1d s~rviccd -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. Dale of disposal; iii. Method of disposal (The focilit-y shnll dispose of'm<irihua11a product wU$lu in a :-;ecured w~tc receptacle using I 01· nwrc 1,1[' lht.: following.: )); and (a) i\ manned and pcnnitred solid wnsh.: landlill . ~b) ;\ manned comp(1swh.I ~ rMkriab l)per:=nio11 or fuci liLy. le) An in-wss~I dig1;:ster Conl y m the gr(1\v fi:\c ility.J t~n 111 tl mam1~r in comrliunce wi1h applicable state and local l3u·s and regulations. iv. Name and registry identification number of the facility agent responsible for the disposal; MJ Freeway™. Every action in GramTrackerTM is tied to a specific user with permission to perform that fonction. 21 HWS -33- As pc·r lhc City ur L11nsing Onlimrncc 121 7: 1300.9(K) ***Disposal ofMarihuana shall be 1\ccomplished in a mnnner that prevents its acquisition by any person who may not lawfully possess it and otherwise in non-conformance with state laws ''LARA EMERGENCY nULE 361' and nuy oth('f anH~ndmcnf"s or emergency rnk:; that are provided from LARA as the prngnim ndvaurcs, 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. ~·~·AM~NDt:D 0:?/07/2018 PER RF! Wf\STE DISPOSAL PLAN Pm EJVIERGENCY RLILE :w·~· /\'to Pt:r L/\IV\'s EMEHG ENCY RULE 36 All medical 1m1rihua11a and related prodm·t that 1;nnl:1ins marijua11a 1hat is n::1ur11cd, trin1 1ricd, contamim1ted or 01h~1·wis1: rcquir~d 10 be d0st1·l1yccl or dispo~~d or (i.e. eo111a111i11ation, eLc.l shall ht.: clone in t1ccor<l:rnc:c with Ilic BMMR L.AHA~ Eniergi:>ncy Ruic 36 . .. ;\.Jurihuw /(J ewdut:'/ Jestr11ct ion (11/d n·aste llL(J/1(1!{1:lm:11t •.• l l ) fVlfil'ih1iam1 prouuc.:L llHtl is lo be Je:stroyed or is considen:d wa::;te must b1;~ rend~'r~d inlo an tf!HtSf1bll!.l 11nd unn:cog1ii zf1bk 1<.11111 ~ncl rei:nrded in the Slatewide 1111.1nill)ri11g syst~tn. (2) The L1Lili1y ~lrnl l no1sdl111:-1rihlH.1n:1 w<iSlt,: or 11n1ri h LJ~rn•1pmdulClS 1haL arc Lo l'h.' d~stroy..:-d, 1w that Lht' di:parfment orders des troyed. ( St'c pg 15. D. Inventory Control 333 .27207 Third-Parly l11h'l1tory Conln1I and Trncking System: 1. Inventory Control System ; (f'J 8:i!1.:h Recalls) (3 ) ·1 he fodl ity sh al I nrnnage all waste lhaL is ha zar<lou5 waste pursuunl kl parl 111 or 1994-PA 4 51. rvJCL 324.1 110 l TO 32•1.90 I 06. AL..L 1-IAZARDOUS WASTE WILL BE TREATED AND DISPOSED OF IN COMPLIANCE WlTI I f\·1ichigan Compiled Laws i'v!CL NATL.J RA l~ RESOURCES AND ENVIHONMENT1\L PROTECTION ACT. ACT 45 1of"1994. PART 11 J. HAZARDOUS WA STE MAN/\GCrv11:NT. St:'..: l\Ltm:hed: (I J Pcrsonn~I Training Requirenwnts for Fully Regul ated Gcncrnl"ors of Hui'.Hrdow; Waste (2) Copy tif Act 45 ·1 of 1994 Part 111 MCLJ'.?4.1 l llll l-laz.ardou$ WHstt: 1\."lanagc:ment. v+l Th~i focili ty shal l dispose of marihmma product waste in (\ secured was te reccprnc.lc using I or mor~ of lh~ followi ng:: ~a) /\manned and pennillcd solid w:1lik landlil l. tb) i\ manned cornpostabk malerials c1pcrn1ion or fucilily. (<:J A11 in-vessel digester (only at a grow facility.) (.d) Iii a manner in compliance 1,.vitll applicable ~tatt~ <llld locHI laws \Ind re~ul~1l"il;ms. t5) W;1st·e\.va!'er generated during tile cultiv;-nion of' rnarihuam1 nnd processing. of murihuana products shall be Jisposl'J of in complinncc with arpli cabk stak und loc.:al la.ws and regulations 22HWS -34- I w (J1 ' Ui:ense Name: Wuldy Disposal Log-Pt<gl119 Ad'd:ess: Each,..., ... a """'log "'II be s~. Pad<agflg wil lie required IO no1ate each and t1t1ery <liOijlosal 01> this ftlrm. Please fl! in All blanl<s. Ccmpleced lonns wil b,. lllme<l Int<> your pild<a;lng ·lead. D<l.fe-tlma I- Fe< disposals "'"'r 28.1 gr;ams an email wlth ALL Ille tefow inlonn<llion needs to be sent 10 flljlylicslle@grnaita:Jm on Ille~ ot Ploase do NOT ...., a .tlarpielmad<er to fil out this foml. ~ MltilK>d Df ~t MMJ Acl.drw-Hlloc.1tlon of S.U:h ~~~ry ~~IA.l_'.o_n ID# dllJIO_!O:I llllJ!~~ ~.~ Add-lillo Nu_mb"!i&I Pie~ ID 11 QA.~11!'~~~ Clispem.iry Registr.iuon ID# llispe""'ry Registraticn ID# C<spe""'ry ~istr.ition IOI DiSpeltS3ry Registration !Oil DiSP:ll<SalY. RegiS1r.ollcn ID.II "Dispe11$ary RegiS1r.oUon IOlf Dispensary RegiS1r.otion ID.I! Dispensary Regislralion ID# DiSP8MalY Registrallon 10# Dis~· RegiS1r.olion IDll Oispen_,;,y Registralion IDI' Dispensaoy Regis'.ralion IOll OispenSary R°':lisuaticn 1i:i [)l_spenwy ~~iS:~lion 10# ·see bokrw 1 "SNb&lw •Seti bdo-R •see bckrw •see b<iaM ·see bet.aw ..... belo .. •see be!o., 'see be«'aw •see bdow •see befoow • sae below •see bela#' ·see below 1-- • 11 !>\"er 2&. 1 ~S1 email a .. explair>M abo\'e Sogllb:I byfllgml ______ _ Week of IO ~a:!o.n. Fe< Ob~al Date ___ _ NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451of1994 PART 111 HAZARDOUS WASTE MANAGEMENT 324.11101 Meanings of words and phrases. Sec. 11 !0 I. For the purposes of this part, the words and phrases defined in sections 11 l 02 to I l 104 have !he meanings ascribed lo them in those sections. History: 1994. Aet 451. Err. Mar. JO, 1995. Compiler's note: For tmnsrcr of nuthority, powers, duties, functions. end responsibilities of the Waste Manngeme11l Division to the Dirccto~ of the Mkhignn Department of Environmcnt«I Quality, see E.R.O. No. 1995-16, c01111)iled at MCL 324.99901 or the Michigan Compile(! L.1w$. Popul11t nrm1c: Act 451 Populnr nnmc: Hazardous Waste Acl J'npulnr name: NRGPA 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 chc Michigan administrative code. (b) Any hazardous was le or hazardous consli!uenl I isled in 40 CFR pnrt 26 L. appendix V lll or 40 CFR part 264, appendi x IX. (2) "Corrective action" means an action determined by the depal'lmenl to be necessary to prolccl the public health , safety, or welfare, or lhe environment, and includes , but is nol limited to , investigation, evaluation , cleanup. removal, remediation , monitoring. containment, isolation, treatment, storage, management, temporary relocation of people, and provision of alternative water supplies, or nny corrective action allowed under the solid waste di sposal act or regulations promulgated pursuant to that act. (3) "Designated facility" means n hazardous waste treatment, storage, or disposal facility that has received a permit or has interim status under the solid waste di sposal act or has a permi t from a state authorized under section 3006 of subtillc c of the solid wasle disposal acl, 42 use 6926, and which, if located in thi s 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) "Di sposal" means the discharge, deposit, injection, dumping, spilling. leaking. or placing of a hazardous waste into or on land or water in a manner thal 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 hai:ardous wasles may fail at a treatment, storage, or disposal facility. History: 1994. Act 451. Eff. Mar. 30. 1995:-Am. 2010, Act 357, lmd. Eff. Dec. n. 2010. Compiler's noto: For tronsl'cr of nulharity. powers. <lutics. functions. and responsibilities or th~ Wime Mnnagcment Ohision tll tho Director of the Michigon Department of Environmcntnl Qunlity, s~e E.R.0. No. 1995· I 6. compiled at MCL 324.99901 of the Mi~higan Compiled Uiws. Popular numc: Act 451 Popuinr nnmc: Hazardous Waste Act l'opul:ir ll'l!llCI NREPA 324.11103 Definitions; G to o. Sec. 11103. (I) "Generation'' merms 1hc act or process of producing hazardous waste. (2) "Generator" means any person, by silc, whose act or process produces haz.ardous waste as identified or listed pursuant to section I I 128 or whose act first cnuses a hazardous waste to become subject lo regulation under this par!. (3) ''Hnzarclous 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, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible illne:ss or serious incapacitating but reversible illness, or may Randored Frl<lay, February 2. 2010 © Legislative Council, State of Michigan Page 1 -36- Michigan compil9d Laws Complete inrough PA 10 of 2016 Courtesy of www.legislature.migov pose a subslnnlial present or potentinl haznrd to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise 1m1naged. Hazardous waste does not include material that is solid or dissolved material in domestic sewage discharge, solid or dissolved material in an irrigation return flow discharge, industrial discharge that is a point source subject lo permits under section 402 of tille IV of the federal waler 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 1954, chapter l 073, 68 Stat. 919. (4) "Hazardous waste management" means the systematic conlrol of the collection, source separation, storage, transportation, processing, treatment, recovery, recycling, and disposnl 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 ii: 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 lrealmenl facility" means a treatment facility or part of a treatment facility al which hnznrdous waste is applied onto or incorporated into Lhc soil surface. IC waste will remain after closure, a fncilily 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 thal 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 cap;tcity of 55 gallons or less. (d) Docs nol store hazardous waste on silc for more than 90 days. (c) Docs nol recei ve hazardous waste from a treatment, storage, or disposal facility. (8) "Mnnifest'' means a form approved by the cleparlment usecl for identifying the quantity, composition, origin, rouling, and desti nation of hnzardous waste during its transportation from the point of generation lo 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 transportatkm fr-om the point of genern!ion to !he point of di sposal, lrcatmenl, or storage. (JO) "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 financinl assurance for a subsidiary, or an i nsurnnce policy that will provide fonds for closure or postclosure care of a treatment, storage, or disposal fncility . ( 11 ) "Municipal solid waste incinerator" means an incinerator thal 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 burns only household waste from single and multiple dwellings, holels, motels, and other residential sources, or bums this household waste together with solid waste from commercial, institutional, municipal, county, or indui:trial sources that, if disposed of, would not be required to be placed in a disposal facility licensed under thi s part. (b) The incinerator has established contractual requirements or other notification or inspection procedures sufficient to assure that the incinerator receives and bums 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 wasle incinerdlor ash" means the substances remaining after combustion in a municipal solid waste incinerator. ( 13) "M unicipality" means a city, village, township, or Indian tribe. ( 14) "On sile" means on the same or geographically contiguous property that may be divided by a public or pri vale right-of-way if the enlrnnce and exit between the pieces of properly are at a crossroads intersection and access is by crossing rather than going along the right-of-way. On site property incl udes noncontiguous pieces of property owned by the same person but connected hy a right-of-way that the owner controls an<l to which tht: public does not have access. Hlstory1 1994, Acr 451. Err. Mar. 30. 1995. Cumpi!or's note: For trnnsrcr of authority. powers. duties. functions, and responsibililios of the Waste Mnnngcmcnt Division to lhe Director of the Michigan Dcpilrtmcnt of Environrncnh1I Qualily, s~e E.R.O. No. !99.5-16. compiled nt MCL 324.99901 of lhu Michigan Compiled Laws. Popular name: Act 45 t Popular na111c; Ha1.ardous W~sle Ac~ Po1>ul11r nmnc: NREPA 324.11104 Definitions; 0 to V. Sec, 11104. (I) 110perator" means the person responsible for the overnll operation of a disposal, treatment, Rendered Friday, February 2, 2016 Page 2 Michigan Complied Laws Complete Through PA 10 or 2018 © Legislative Council, State of Michigan Courtesy of www.legislature.migov -37 - or storage facility with approval of the department either by conlracl or license. (2) "Sile identification number" means a number thal is assigned by the United Stntes environmental protection agency or the United Stales environrncntnl protection agency's designee to each generator, each transporter, and each treatment, stornge, or disposal facility . If the generator or transporter or the treatment, storage, or disposal facility manages wastes that arc hazardous under this part and the mies promulgmcd under this part but are not hazardous under the solid waste disposal act, site identification number means an equivalent number thal 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 u temporary period, at the end of which the hazardous waste is treated, disposed of, or stored elsewhere. (5) "Storage facility" mcons a focility or p1trl of o facility where managed hazardous waste, as defined by rule, is subject to storage. A generator who accumulates m1111aged haz;ardous waste , as defined by rule, on site in containers or tanks for less than 91 days or a period of lime prescribed by rule is not a storagc facility. (6) "Surface impoundmcnt" or "i mpoundmcnt" means a treatment, storage, or disposal facility or part of a treatment, storage, or disposal facility lhal is a natural topogrnphic depression, human-made excavation, or diked area formed primarily of earthen materials, ahhough it may be lined with human-made materials. lhal is Jcsigncd to hold an accumulation of liquic..I wastes or wastes containing free liquids, and that is not an injection well. Surface impoundments include, but nre not limited to, holding, storage, settling, and aeration pits, ponds, and lagoons. (7) "The solid waste disposal act" means title II or Public Law 89-272, 42 U.S .C. 6901, 6902 to 6907, 69 1 l, 6912 to 69 l4a, 6915 to 6916, 692 l to 6939e, 6941, 6942 to 6949a, 6951 to 6956. 6961 to 6964, 6971 lo 6979b, 698 1 lo 6987, 6991 to 6991 i. and 6992 lo 6992k. (8) "Transporter" means a person engaged in the off-site transportation of hazardous waste by air, rail, highway, or water. (9) "Treatment" menns any method, technique, or process, including neutralization, designed lo change the physical, chemical, or biological character or composition of any hazardous waste, to neulralizc 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 rendcr it nonhazardous. (10) "Treatment faci lity" means n facili ty or part of a facili ty where managed hazardous waste. as defined hy rule, is subject to treatment. (I I) "Updated plan" means the updated slate hazurdous 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:-Ain. 1998. Act 139, Eff. Sept. I. 1998:-Am. 2001. Act 165, lmd. Eff. Nov. 7. 2001. Compiler's note: For lr.lnsrcr or authority. powers, duties, functions, and responsibilities of the Waste M11n11gcmcn1 Division 10 the Director of the Michigan Dcp:inmcnt of Environmental Quality, sec E.R.O. No. 1995-16, compiled at MCL 324.9990t of the Mlchig~n Compiled Laws. I'opul11r name: Act 451 Popohu· ni1mc: Hnznrdous Waste Act Popular 1111mc: 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 wi thout complyi ng with the requirements of this parl. History: 1994, Act 451. Eff. MM . .30, J 9<)5. Co1111>llcr's note: For 1r.1nsfor or authority, powers. dulies. functions, :llld rcsponsibilitie~ of the Wnste Management Division to the Director or the Michigl\n Dcpanmcnt of Erivironmont11I Quality, sec E.R.O. No. 1995-16, compiled MCI.. ;l24.9990t of the Michignn Compiled l~ws. Popular non1e1 Act 451 Po1mlur 1111mc: Hazardous Wnstc Act l'opular name: NREl'A 324.11105a Repealed. 2006, Act 560, Eff. Dec. 29, 2008. Compiler's noll!: The repealed section pertained tu n<luptiun by rcrorcnce ur rcdcrnl rules nml promulgation or ~dmi11istrativc rul~. Popular name: Act 451 Po1mlor Min~: Hi1zardous Wi1stc Act Rendered Friday, FeOrtJary 2, 2018 ({))Legislative Council, State of Michigan Page 3 -38- MiChlgan CompllecJ ~aws Cornptele Through PA 10 or 2018 Courtesy of www. legislatur~. m1:gov l'opul:ir 1111111~1 NREl'A 324.11106 Municipal solid waste incinerator ash; regulation. Sec. 11106. The generaiion, transportation, treatment, storage, disposal, reuse, aad recycling of municipal solid waste incinerator ash is regulated under pan l l.5, and not under this part. Uislory: 1994. Act 451. Eff. Mnr. 30. 1995. Compiler's nolo: F"or lrnrufcr o( authority. power~. (Julie~. functions. ~n<J rosponsibililios of Iha Wnsle Mnnogemenl Division lo lho Director of the Michignn Dcpnrtmcnl or Environmental Quo!i1y. sec E.R.0. No. 1995.16, compiled nl MCL 324.99901 of the Michigan Compilccl Lnws. Populur uumo: Act 451 l'opular nnmc1 Ha~.;ll'dous W~slc Ae1 1'01111lnr 11n111c:: 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 !hat are consistent with the plun to be provided by the department pursuant to section 12103(l)(d) of the public health code, 1978 PA 368, MCL 333.12103. In addition, the departmenl, 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. Histor}': 1994, Act 451, Eff. Mnr. 30. 1995;-Arn. 2010. Ac! 357. tmd. Eff. Dec. 22. 2010. Compiler's note: For transfer of nulhority, powers. dulics, functions. nnd rcsponsibili1ics of 1hc Wnstc Mnnngcmcnl Division lo lhc Director of the Michii;:nn Department of Environmcnlol Quality. sec E.R.0. No. 1995-16. compiled al MCL 324.9990 1 of the Michigan Compiled Lnws. l'opul11r nnmo: Act 451 l'opul:ir nnm~; H~z;mlous Wnstt Act Populur n"mc: 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) Ellcept as otherwise provided in this section , each owner or operator of a landfill shall pay to the department a fee assessed on hazardous waste disposed of in the landfill. The fee shall be based on the quanti ty of hazardous waste specified on the manifest or monthly operating rcporl and shall be $10.00 per ton, $10.00 per cubic yard, or 1/2 cent per pound depending on the unit of measure used by the owner or operator to calculate the fee. The fee for fractional quantities of hazardous waste shall be proportional. If the hazardous waste is requi red to he listed on a manifest ancJ the owner or operator of the landfill determines that the hazardous waste quantity on the manifest is not accurate, Ihe owner or operator shall correct the hazardous waste quantity on all manifest copies accompanying the shipment, note the reason for the ch;rnge in the discrepancy indication space on the manifest, and assess the fee in accordance with the corrected ha:wrdous waste quantity. Pnymenl shnll be made wilhin 30 days after the close of each quarter. The landfill owner or operator shall assess off-sile generators the fee. The fee for hazardous waste that is generated and disposc:d of t)ll the site of a landfill owner or operalor shall be paid by that owner or operator. (2) El\cept as otherwise provided in this section, each owner or operator of a solidification facility licensed pursuant to section 11123 shall pay to the department a fee assessed on hazardous waste received at the solidification facility . The fee shall be based on the quantity of hazardous waste specified on the manifest or monthly operating report and shall be$ I 0.00 per Lon, $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 lhe hazardous waste is required to be listed on 11 manifest and the owner or operator of the solidification facility cJetermim:s that the hazardous waste quanlily on lhc manifest is not accurate, the owner or operator shalt correct the hazardous waste quantity on all manifest copies accompanying lhc shipment, note the reason for the change in the discrepancy indicntion space on Lhe manifest, nnd assess the fee in accordance with the corrected hazardous waste quantity. Payment shall be made within 30 days after lhe close of each quarter. The solidification facility owner or operator shall Renclered Friday, February 2, 2018 © Legislative Council, State of Michigan Page4 -39- Michigan compileCI Laws Complele Through PA 10 of 2010 Courtesy of WWW.legislature.mi.gov assess off-site generators the fee. The fee for hazardous waste that is generated and solidi tied on the site of a soliditica1ion owner or operator shall be paid by thal 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 or hazardous waste or the incineration of solid waste as defined in part 115. (b) Hazardous waste exempted by rule bcc11use of its character or the treatmcnl 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 11123 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 w11s1e resulting from the clennup of inadvertent releases which occur after March 30, 1988 is not exempt from the fees. (f) Primary and secondary wastewn1er lreacment solids from a wastewater treatment plant that includes an aggressive biological trea1ment 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 la.ndfill or solidification facility shall assess or pay the fee described in this section unless the generator provides a signed wrillcn certification indicating thnt the hazardous waste is exempt from the fee. If the hazardous wuste thut is exempt from the fee is required Lo be listed on a manifest, the certification shall contain the mnnifest number of the shipment and the specific fee exemption for which the hazardous wnste qualifies. If the hazardous waste that is exempt from the fee is not required to be listed on a manifest, the certification shnll 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 ha7,ardous waste qualifies. The owner or operator of the landfill or solidification faci lity shall retain !his certification for 4 years from ihe date of receipt. (5) The department or a health department certilicd pursuant to section 11145 shnll evaluate the accuracy of generator fce exemption certifications and shall tnkc enforcement action against a generator who files a false certification. In addition, the depnrtment 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 fucility owner or operator shall forward 10 !he department the fee revenue due under this section with a complete<l form that is provided or approved by the deparlmenl. 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 slate of fees paid under this section if the generator documcnls to the department, on a form provided by the department, a reduction in the amounc of hazardous wnste generated as a result of a process change, or a reduction in the amount of hazardous wnste disposed of in a landfill, either directly or following solidi ti cation at a solidification facili ty, as n 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, $10.00 per cubic yard, 4 cents per gallon, or 1/2 cent p!!r pound or reduction in the amoun t of hazardous was1c generated or disposed of in a landfill . A generator is not eligible to receive a refund for that portion of 11 reduction in the nmount of hazardous waste genc.:rated that is attribu1able lo a decrease in the generator's level of production of the products that rcsul led 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 !he date of filing wi th 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 gcnernior 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 gcner.itor or the generator's authorized agent. (9) The department shall maintain informution regarding the landfill disposal fees recei ved and refunds provided under this section. (I 0) The fees collected under this section shall be fonvardcd to the state treasurer and deposited in the Rendered Friday, February 2, 2018 Pago 5 Michigan Compiled l.aws Complete Through PA 10 ol 2018 © Legislative Council, State of Michigan Courtesy of www.!egislature. mi gov environmental pollution prevention fund croated in section 11130. Any bnlnnce in lhe wnste reduction fund on October 1, 2013 shall no1 lapse to the general rund but shall be transferred to the environme111al pollution prevention fund and 1he waste reduction fund shall be closed. Money from the environmental pollution prevention fund shall be expended, upon appropriation, only for I or more of 1hc follo\Ving purposes; (a) To pay refunds to generators under this section. (b) To fund programs created under this pnrt, part 143, part 145 , or the hazardous materials transportation act, 1998 PA 138 , MCL 29.47 l LO 29.480. (r.:) Not more thfin $500,000.00 LO implement section 3103a. (d) To fund the permit to install program established under section 5505. Hi~tory: 1994, Acl 451, f\ff. M~r. 30, 1995;-Am. 200t, Ael 165. lmd. Eff. NQv. 7. 2001;-Am.201 1. Acl 150. lmd. Eff. Scpl. 41. 2011 :-Am. 2013, Acl 73. Elf. Qc1. I. 2013. Popular name: Acl 451 ropular name1 Mrrz.ar<lous Waste Ae1 Populu.-ni1mc: NREPA 324.11110 State hazardous waste management plan; preparation; contents; studies; incentives; criteria; notice; news release; public hearings; comments; amendments. Sec. l l I l O. (I) Not later than January I. 1990 . the depnrtmenl shall prepare an updated slate hazardous waste management plan. (2) The updated plan shall: (a) Update the state hazardous waste management plan adopled by the commission on Janunry 15, 1982. (b) Be based upon location of generators. health and safety, economics of transporting, type of waste, nnd existing treatment, storage, or disposal facilities. (c) Include information generated by the department of commerce and the department on hazardous waste cilpacity needs in the state. (d) Include information provided by the office of waste reduction created in part 143. (e) Plan for the availability of hawrdous was te treatment or disposal faci lities that have adequate capaci ty for the destruction, treatment. or secure disposition of all hazardous wastes that are reasonably expected to be gencra1ed within the state during the 20-ycar period after October 1, 1988, as is described in seclion 104(c)(9)(A) of title l of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 U.S.C. 9604. (f) Plan for u reasonable geographic distribution of treaiment, stomge, and disposal faci lities to meet existing and future needs, inclttding proposing criteria for determining acceptable locations for these facilities. The criteria shall include a consideration of a location's geology, geography, demography, waste gencra1ion patterns, along wilh environmental factors, public health factors, and other rel evant characteristics 11s determined by the department, (g) Emphasize a shift away from the practice of landfilling hazardous waste and toward the in-plant reduction of hnznrdous waste and the recycling and treatment of h;izardous waste. (h) Include necessary legislative, administrative, and economic mechanisms, and a timetable to carry out the plan. (3) The department shall instruct the offi ce of waste reduction created in part 143 to complete studies ns considered necessary for the complcrion of the updated plan. The studies may include: (a) An inventory and evaluation of the sources of hazardous waste generation within lhis state or from olher states, including the types, qunnlilies, and chemical and physical chnmcteristics of the hazardous wnstc. (b) An inventory and evaluation of current h<m1rdo11s waste manngement, minimization, or reduction practices and costs, including troalmenl, disposal , on-site recycling, reclamation, and other fonns of source reducti on within this slate. (c) A projection or determination of future hazardous waste management needs based on an evaluation of ex isling capacities, trentment or disposal capabilities, manufacluring uclivity, limitations, and constraints_ Projection of needs shall consider the types and sizes of treatment, storage. or di sposal facilities, general locations within the state, management control systems, and an identified need for a stale 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 strategy for encouraging the utilization or reduction of hazardous waste. (e) An investigation and analysis of methods and incentives to encourage interstate and international cooperatio11 in the management or hazardous waste. Rendered Friday. February 2, 2018 ©Legislative Council, State of Michigan Page6 -41- Michigan Compiled Laws Complete Through PA 10 ol 201e Courtesy of www.legislature. mi gov (f) An estimate of the public and private cost of treating, slOring, or disposing of hazardous waste. (g) An investigation and analysis of altemnte 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 slate 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 o notice in a number of newspapers having major circulation within the state as determined by the deparunent and shall issue a statewide news release announcing Uie availability of the updated plan for inspection or purchase al cost by interested persons. The announcement shall indicate where and how the upd;\ted 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 b1.:fore formal ndoption. The first public hearing shall not be held until 60 clays have elapsed from the dn1e or the notice announcing the avuilabili ty of the updated plan. The remaining public hearings shall be held within 120 days after the first public hearing at approxjmately 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. Hislory1 1994, Ac! 451, Eff. Mur. 30. 1995;--Am. 1995, Att 61, lmd. Eff. Mny 24, 1995. rop11l;1r nnmct Act 451 Populnt numci H;1z.1rdu11s W;lste Atl Popular no mo: 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 dep1111ment shall make the necessary changes and reconsider the updntcd plan within 30 days after receipt of the rejection. History: 1994. Act 451, Eff. Mnr. JO. 1995. l'opular name: Act 451 Populnr nrimc: Hnzardous Waste. Act Populor ni1mc: NREPA 324.11112 State hazardous waste management plan; final decision; adoption. Sec. 11112. The department shnll 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 lhe updated plnn within 120 days, the updated plan is considered adopted. History: 1994. Act 451. Eff. Mnr. 30. 1995. Popular nnmc: Act <l5l Popular U3me: Hazardous Was(~ Acl Popuh1r nnmc: NREPA 324.11114 Proposed rules to implement plan. Sec. 11114. Nol more than 180 days nftcr 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. Mnr. 30, 1995. l'opu!11r 11umc1 Act 451 l'or>ulnr llfimc: Hazardous W<tslc Ac1 l•opulur numc: NREPA 324. 11115 Permits and licenses tor treatment, storage, or disposal facility; determination; exception. Sec. 11115. After the updated plan is adopted, the department shall not issue a pcm1it or license under this part for a treatment, storage, or disposal facility until the department has mnde a determination that the action Rendered Frielay, February 2, 2010 © Legislative Council, State of Michigan Page 7 -42- M!cl"ll!J1m Compiled L.aw1;1 Cornpleta Through PA 10 012010 Courtesy of www. t~glslature. ml go 11 is consistent wilh the updated plan. This section does not apply to a treatment, storage, or disposal facility granted n 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 stale hazardous waste management plan adopted by the commission on January 15, 1982. History: 1994, Acl 451 ; Bf(. Mnr. 30. 1995. Populur 11am11: Acl 451 Pop11lnr 110111c: li~~rdou~ Waslc Act Populnr nnmc: NREPA 324.11115a 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. 1111511. (I) Beginning on June 4, 1992, the owner or operator, or both, of a facility specified in this subsection is subject to the corrective action requirements specified in this part and the rules promulgated under this rarr for all releases of a contaminant from any waste management unit at the facility, regardless of when the contaminant may have heen 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 infomlation, determines that there is or has been a release of a contaminant from any waste management unit al 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 correclive action at the facility. A license. permit, or order issued or entered pursuant to this subsection shall contil.in 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 die corrective action. (c) Requirements that corrective action be taken beyond the faci lity boundary if the release of a contaminant has or may have migrated or othenvise has or may have been emitted beyond the facility boundary, unless the owner or operator of the faci lity demonstrates lo lhe snlisfoction of the department Iha!, despite the owner's or operator's best efforts, the owner or opernlor was unable Lo obtain the necessary permission to undertake this corrective oction. (3) Beginning on June 4, 1992, the owner or operator. or both, of a faci lity specified in thi s subsection and not in subsection (I) is subject to the cotTcctive 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 Lo a facility for which the owner or operator, or both, is or was subject to the interim status requirements defined in lhc solid waste disposal act. except for those facilities that have received fonnal written approval of the withdrawal of their United States environmental protection agency part A hazardous waste permit application from the department or the United Stntes environmental protection agency. (4) Beginning on June 4, 1992, if the department, on the basis of any infomiation, 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), requi ring corrective action at the faci li ty. An order issued or entered pursuant to this subsection shall contuin both of the foll owing: (a) Schedules of compliance for correcri ve nction. (b) Assurances of financial responsibility for completing the corrective action. History: 1994, Act 451 , Err. Mar.30. 1995;-Am. 1995, Acl 61, lmd. Eff. May 24, 1995. Populi1r mime; Acl 45 I l'opular numc: Hazardous Waslc Acl Popular nam~: NRfiPA Adanlnlst1111lve 1'Utcs1 R 299.9101 cl seq. of lhc Michittun Admi11is1ra1ivc Code. 324.1111 Sb Corrective actions; satisfaction of remedial action obligations. Sec. I I I I 5b. Corrective actions conducted pursuant lo this part satisfy a person's remedial ncrion obligations under part 20 I and remedial obligations under part 31 for that release or threat of release. History: Add. 1995. Acl 37. lmd. Err. Mny 17. 1995. l'opulur numc1 Act 451 Populur nillnc: Hnzarclo11s Wasie Ac1 Rendered Friday, Febru~ry 2. 2018 ©Legislative Council, State of Michigan Pages -43- Michigan compiled Laws Complete Through PA 10 Of 2018 Courtesy of www.legislature.ml.gov l'opulnr nnme: NREPA 324.11116-324.11118 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Compiler's note: The repealed scc1ions r>cnaiocd 10 requirements ror npp!icntions for conslmction permits. 324.11118a Multisource commercial hazardous waste disposal well; definition; maintenance of treatment and storage facility; operating license required; business plan; appllcablllty of subsection (3). Sec. I 1I1 8n. (I) As used in this section, "multisource commercial ha7.ardous waste disposal well" has the menning nscribed 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 o perating 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 focility with n multisource commercial hazardous waste disposal well shall provide to the department in nn application for nn operati ng license a husincss plan for the well operations. The business plan shall contnin nil of the following infom1ation: (n) The type, estimated quantities, and expected potential sources of wastes LO 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 additionnl business plnn 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 operating license, after the effective date of the 20 IO amcndatory act that added this subsection. History: Add. 1996, Act 182, lmd. Eff. Mny 3, 1996:-Am. 2010, Acl 357, lmd. Eff. Dec. 22. 2010. l'opulnr nume: Act 451 l'opuh1r Mm~: Haz:1rdous W~slu Ael l'opulnr mimer NREPA 324.11119, 324.11120 Repealed. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Compiler's note: The repealed sections pertained to d1.nies of dcparlr11cnl upon recoipl or construction pennil npplic111ion and notificnliun or affected municipalities and coun1ics. 324.11121 Effect of local ordinance, permit requirement, or other requirement. Sec. 111 21 . A local ordinance, permit require ment, or other requirement does nol prohibit the construction of a treatment, storage, or disposal facility, except as otherwise provided in section 11123. History: 1994, Aci 451. Eff. Mar. 30. 1995:-Alll. 2010. Act 357. lmd. Eff. Dec. 22, 2010. l'opulur 1u1111c: Acl 45 I l'opulur numc: Hazardous Wnstc Act Popular name: NREPA 324.11122 Repealed. 2010, Act 357, lmd. Eff. Dec. 221 2010. Compiler's nolc: The repealed section pcrlr1lned to cstnbli~hmcnt or limited sloragc racility. 324.11123 Operating license; contents of appllcatlonsj 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 11 127(4), a person shall not establish, construct, conduct, manage, mai ntain, 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 trea!ment, 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 e1'isring operating li cense, original construction permit. or other authorization shall be submiued on a form provided by the department and contain all of the following: (a) The name and residence of the applielmt. (b) The location of the proposed treatment, storage, or disposal facility project. Renderea Frlaay, February 2. 2018 tO Legislative Council, State of Michigan Page 9 -44- Michigan Complied Laws Complete Through PA 10 01 2016 Courtesy ofwww.legislature.ml gov (c) A copy of an actual published notice that the applicant published al least 30 days before submiual of the application in n newspaper having major circulation in the municipality and the immediate vicinity of the proposed treatment, storage, or di sposal 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 nn explanation of how copies of the complete application may be obtained. (d) A written summary of the comments received at the public preapplication meeting required by rule and the applicant's re$ponse to the comments, including any revisions to the application. (e) A determ im1ti(ln of existing hydrogeological characteristics specified in a hydrogeologica l report and monitoring program consistent with rules promulgated under this part. (f) 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, nnd also shall contain an environmental failure mode assessment. (g) The procedures for closure and postclosurc monitoring. (h) An engi neering plan. (i) Other information specified by rule or by Fedcrnl regulation issued under the solid waste disposal act. U> An application fee. The application fee shall be deposited in the envi ronmental 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, <is applicable: (i )For a landfill , surface impoundment, 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 t han storage that is associated with treatment or disposal activities that may be regulated under a singl e license •• $ 500.00 (k) Except as otherwise provided in this subdivision . a disclosure statement that includes all of lhc following: (i) The full name and business address of all of the following: (A) The applicant. (B) The 5 persons holding the largest shi1res of the equity in or debt liability of the proposed fa cility. The department may waive all or any portion of this requirement for an appl icant that is n corporation with publicly traded stock. (C) The operator. If a waiver is obtained under sub-subparagraph (8), detailed informalion 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, incl uding their previous experience with other hnzardous waste treatment, storage, or disposal fnci lilies. ~entfered Friday, February 2, 2018 © Legislative Couhcil, State of Michigan Palle 10 -45 - Mlchlg1m Compiled Laws complele Through PA 10 of 2016 Courtlilsy of www.legislature.ml.gov (E) Any other partnership, corporation, association, or other legal entity if nny person required to he 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 lo be listed under this subdivision, a list of ;ill convictions for criminal violations of any statute enacted by a fcdcml, stale, Canadian, or Canadian provincial agency if the stallllc is an environmental statute, if the violation wm; a misdemeanor committed in furtherance of obtaining an operating license under this part not more than 5 yenrs before the npplication is filed, or if the violation was a felony committed in furtherance of obtaining an operating license under this part not mori; than 10 years hefore the application is fileu . tf debt liability is held by a chm·tered lending institution, infomrntion 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 deni ed as a result of that act and whether this subparngraph should be further amended. The report shall cover the 5-year period after the effective date of that act nnd shall be submitted within 60 days after the expiration of that 5-ycar period. The report may be submitted electronically. (iii) A li st 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 pcnnanently revoked because of noncompliance. (iv) A list of all activities at property owned or operated by each pt:rson required Lo be listed under this subdivision that resulted in a threat or potential threat to the environment and for which public funds were used Lo 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 contrunination 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. (lii) The impact on the municipality where the proposed treatment, storage. or disposal facility is to be located in tenns of health, safety, cost. and consistency with local planning and existing development, induding 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 im pacts 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 postcoostruction documcnrntion: (i) Any changes in, or additions to, the previously subrniued 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 pcm1it , including as-built plans. (iii) A certification of the treatment, stomgc, 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 thnl information Lo 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 nn 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 n 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, Fet>ruary 2, 2019 © Legislative Council, State of Michigan Page 11 -46 - Michigan Complied Law~ Complete Through PA 10 01201e Courtesy of www.legislature.ml.gov (a) The narne <1nd residence of the applicant. (b) The location of the proposed facility. (c) A determination of existing hydrogcological characteristics specified in a hydrogcological report an<l monitoring progmm consistent with rules promulgated under this part. (<l) An environmental assessment. The environmental assessment shall indutlc, al n minimum, an evaluation of the proposed fncility's impact on the air, woler, artcl other naturol 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 lhe governing body of each municipality in which the proposed limited stomge facility would be located im.Jicnling 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 fom1al determination on whether the proposed facility is compatible with the zoning ordinance of that municipality, if any, in effect on the date the (eUer is received, and indicating that failure to pass a resolution or make a formal deLerrnination witbin 60 days of receipt of lhe letter means that the proposed facility is to be considered compatible with any applicable zoning ordinance. If. within 60 days of receiving a registered leller, a muni cipality does not make a formal determination concerning whether a proposed limited slorage facility is compatible with a zoni ng 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 11130. 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 localion of lhe existing treatment, storage, or disposal facilily. (c) Other information considered necessary by the dep<1rtment 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, slorage, 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 faci lity that cause injury to persons or property. (e) A fee of $500.00. The fee shnll be deposited in the environmental pollution prevention fun<l created in section I l 130. (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. Ench person subject to subscclion (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 opcrntes 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 pnrt that renders all or portions of the facilily subject to the operating license requirements of thi s section may continue to operate the facility or porlions 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 lite department under subsection (7). (b) The person is in compliance with all rules promulgated under this pact and with all other slate laws. (c) The person qualifies for interim status as defined in rhe solid waste disposal act , is in compliance wi1h interim status standards established by federal regulation under subtitle C of the solid waste di sposal act, 42 USC 692.1 to 6939c, and has not had interim status terminated. (9) A person may request to be placed on a department-organized mailing list to be kept infonned of any rules , plans, operating license applications, contested case hearings. public heari ngs, or other information or procedures relating to the administration of this part. The dcp11rtment may charge a fee to cover the cost of the Rendered f'rl<lay, February 2, 2018 Page 12 Michigan Compiled Laws completa Tllrougn PA 10 012018 <P Legislative Council, State of Michigan Courf9sy of www.legislatur~.migov -47- materials. Hlstoty1 1994, Ac1 4SI. Eff. M~r. 30, 199.'.i;-Am. 2010, Act 357, lmd . Eff. D~e. 22, 2010:-Am. 2014. Ac1254. !md. t;ff. Junu ~O. 'ZOl<I. Popular name: Acl 451 Populnt no111e1 Hazardous Was1c Aet l'opulnr nnmc: NREPA Adminlsh'iltive rn!C:J: I~ 299.9 101 cl seq, of lh~ Michigan Adrni11istra1ivc 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, swrage. or disposnl 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 posrconsrruction documentation required under section I l 123, lhe department shall inspect the site itnd determine if the proposed lrealmenl, storage, or <lisposal facility complies with this part, the rules promulgated under this part, and the stipulations included in the approved treatment, storage, or disposal facility operating li cense. An inspection report shall be filed in writing by the department before issuing final authorization to manage, maintain, and operate the treatment, storage, or disposal facility anJ 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 detem1ine if the treatment. storage, or dispos<tl facility complies with this parl and lhc rules promulgated under this part. An inspection report shall be filed in writing by the department before issuing an operating license. llistoryi 1994. Act 451, Eff. Mor. JO, 1995;-Am. 2010. Act J57. lmd. Eff. Dec. 22, 2010. Populiir nnmc: Ac1 451 Pop11l11r numc: Bnzardous Wnslc Acl 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 appllcatlon; modification or revocation of operating license; conditions; postconstructlon documentation. Sec. 11125. (1) Upon receipt of an operating license application that complies with the requirements of section 11123(2), the department shall do all of !he following: (a) Notify lhe 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 di vision within the department that has responsibility in land. air. or water mnnagement; a regionnl 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 treatm ent, storage, or disposal facility to determine if the proposed operation complies with this p;irt ar1d !he 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 of 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 npplication records before an operating license is issued or denied by the department. (c) Integrate the relevant provisions of all pem1its that the applicant is required to obtain from the department to construct the proposed treatmen t. storage, or disposal facility into the operating license required by thi s part. (d) Consider the mitigation measures proposed Lo be implemented as identified in section l l l 23(2)(m). (c) Hold a public hearing not more than 60 days after receipt of the applicution. (2) The department may establish operating license conditions speci fically applicable Lo 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 p1,1blic 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 after Aendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 13 -48 - MiChiQan CompllGd Laws Complete Through PA 10 ol 2016 Co1Jrtesy of www.legislature.mi.gov the department receives a 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 specil1cnlly applicable to site and openllion. (5) A locnl ordinance, pennit, or other requirement shall not prohibit the operation of n li censed trcatmen1, storage, or dispos11I 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 to 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 ir any information describe.cl in section I I l 23(2)(k)(ii) 10 (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 lhc facility. (9) Following the construction of a new, expanded, enlarged, or altered treatment. storage, or disposal facility, the department shall re view all information required to be submitted by the operating license. If the department finds that the owner or operator lrns deviated from the specific conditions established in the opcrnting 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 infom1ation or a certification as described in section l l 123(2)(n)(i). (b) A certification of construction as described in section It 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 or cnpnbilit)' signed and scaled by a licensed professional engineer as described in section I l 123(2)(n)(iii). (d) Information regarding any deviations from the spccitic conditions in the operating license . (e) Proof of financial responsibility. History: 1994. Act4.51. Eff. Mer. 30, 1995:-Am. 2010, Act 357. lrml. Eff. Dec. 22. 2010. Popular name: Act 451 Popular name: Hai:irdou$ WMtc Act l'opulot hlltrte: NREPA 324.11126 Coordinating and Integrating provisions of act; extent. Sec. 11126. The departmenL 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. 7401 to 7431 . 7470 to 7479, 7491 to 7492, 7501 10 7509a, 7511 to 7515 , 7521 to 7525, 7541 to 7545 , 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601 to 76 12, 7614 lo 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642, 7651 to 76510, 7661 to 766lf, and 7671 to 767 1q; the federal waler pollution control act, chapter 758, 86 Stat. 816, 33 U.S.C. 1251 to 1252, I 253 to 1254, 1255 lo 1257, 1258 to 1263, 1265 lo 1270, 1281, 1282 to 1293, 1294 to 1299, 1311 to 1313, 1314 to 1326, 1328 lo 1330, 1341 to 1345 , 136 I to 1377, and 1381 to 1387: ti tie XIV of the public hcnlth scrv ice act, chapter 373, 88 Stat. 1660: the toxic substances control act, Public Law 94-469, 15 U.S.C. 2601 to 2629, 2641 ro 2656, 2661 to 2671, and 2681 to 2692; the resource conservalion ancJ recovery act of 1976, 42 U.S.C. 6901to6987; pnrts 31 . .55, 115, and 121; the safe drinking water net, 1976 PA 399, MCL 325.1001 to 325.1023; the fire prevention code, 1941 PA 207, MCL 29.1 to 29.34; and the haz.ardous materials transportation 11ct. The coordination ancJ 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. Err. M~r. :m. 199.5:-Am. 1998. Act 139, Eff. Sept. 1. 1998. Populor numc: Act 451 Popular n:im~: Hn1.ardous Waslc Act Populor n;in1e: NHEPA 324.11126a Fee schedule; report. Sec. I I 126a. By September I, 1998, the department shall submit a report to the legislature that recommends a fee schedule to implement thi s part. History: Add. 1998, Act l39. Err. Sept. l. 1998. Rendered Friday, February 2. 2010 <i:> Legislative Council, State of Michigan Page 14 -49- Michigan Complied Laws Complete Through PA 10 of 2016 Courtesy of www.legislature.ml.gov l'opulur nnmc: Acl 451 Populnr name: Hazardous Wasle Acl ropulllr 1111mc1 N l~EPA 324.11127 Rules generally; exemption; effect of amendment to part or rules, or changes In definitions. Sec. 11127. (I) The department shall submit lo the lcgislnlllre, after consultation with the depa11mcnt of public health, rules necessary to impl ement and administer this part. The rules required 10 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 exempt certain hazardous wastes and certain treatment, storage, or disposal facilities from all or portions of the requirements of thi s part as necessary to obtain or maintain authorization from the United Stales environmental protection agency under the solid waste disposal act, or upon a determination by the department that a hazardous waste or a l.reatment, storage, or disposal facility is adequately regulated under other state or federal law and that scientific data supporls a conclusion that an exemption will not result in an impairment of the department's nbility to protect the public health nnd the environment. However, an exemption grnnred pursuant to this subsection shall not resull in a level of regulation less stringent lhan that required under the solid waste disposal act. (3) If an amendment to this part or the rules promulgated under thi s 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 thal person . (4) Changes in the dcfinirion of haznr<lous waste contained in section 11103 and the defini ti on of treatment contained in section 11104 effecled by the 1982 nmendatory act that nmended former Act No. 64 of the Public Acts of 1979 do not eliminate any exemption provided to any haz<irdous waste or lo any treatment, storage, or disposal facility under administrative rules promulgated under former Act No . 64 of the Public Acts of 1979 before March 30, J 983. However, these exemptions may be modified or eliminated by admini strative rules prom ulgated after Marcb 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 <1ct, or to provide ade,1u<1te protection to the public health or the environment. tlistory1 1994, Acl 451. Eff. Mar. 30, I 995. l'opulor nam~: Acl 451 ropuh1r n11n1ei Hazardous W;1stc Acl Popul(u:· numo: NREPA Adminislrnth·c. rufos: R 299.9i01 ct seq. of the Michii:nn Adminislmti\•c Code. 324.11128 Rules llstlng hazardous waste and other criteria; revision; removing certain materials from list; public hearings; construction of part, rules, and list. Sec. 11128. ( 1) The department shall submit to the legislature proposed rules listing hazardous waste and other criteri a as required by this part. The rules shall state the criteria for identifying the characteristics of hazardous waste and for li sting the types of hazardous waste, taking into account toxicity, persistence, dcgradability in nature, potential for accumulation in ti ssue, and other related factors including flammabil ity, con-osiveness, 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 lhose wastes that have been exempted from management under the solid waste disposal act arc not req uired to meet the requirements of sections 41, 42, and 45(2) of the administra ti ve procedures act of l 969, Act No. 306 of the Publ ic 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 stale. To ensure consistency between federal and state rcquircmenls, this part, lhe rules promulgmed by the department, and the list shnll be construed 10 conform as closely as possible to requirements establi shed under lhe solid wuste disposal aci. HL~toryi 1994, Acl 451, Eff. Mar. 30, 1995. Po11uhu· name: Acl 451 Popular name: Ha7.ardous W~s\c Ac! rQpuh'.lr n:imet NREPA Adminisln:1tivc rules: R 299.910 I ct seq. of the Michigan Adininislralivc Code. Rendered Friday, February 2, 2016 © Legislative Council, State of Michigan Page 15 -5 0- Michigan Complied Laws Complete Through PA 10 of 2016 Courtesy of www.leglslature. m1:gov 324.11129 Information as public recordj confidential information; notice of request for Information; demonstration by person regulated; granting or denying request; certain data not confidential; release of confidential information. Sec. 11 I 29. (I) Except as provided in subsections (2) and (3), information obtained by the department under this part is a public record subject lo disclosure us provided in the freedom of information act, 1976 PA 442, MCL 15.231to15.246. (2) A person regulated under this part may designate a record, pem1it npplication, other information , or a portion of a record, permi t 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, 1976 PA 442. MCL 15 .235 , whose scope includes information designated us confidential. The person regulated under this part has 30 dnys after the receipt of the notice Lo demonstrate to the department that the infom1ation designated as confidential should not be disclosed because the information is a trade secret or secret process or is production, commercial, or i'inancial infonmtlion the disclosure of which would jeopardize the competitive position of the person from whom the inforniatiou 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 sati sfactory r.lemonstrntion to the department that the information should not be disclos1.:d. If there is a dispute between the owner or opemtor 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 qllimtity or composition of hozardous waste generated , transported, treated, stored, or disposed of; nir 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 polluti on control devices is not rendered as confidential information by th is section. (4) The department may release any information obtained under this part, including a record, penni t application, or other information considered confidential pursuant to subsection (I), lo the United States environmental protection agency, the United States agency for toxic substance disease registry, or other agency authorized to receive information, including confidenti al information, under the solid waste disposal act. Hislory: 1994. Act 451. Eff. Mar. 30. 1995:-Am. 2010, Acl 357. lmc.I. Eff. Dec. 22, 2010. Popular name: Act 451 Popular name: Ha~.3rdous Waste Act ropular uomc: NREPA 324.11130 Environmental pollutlon prevention fund; creation; receipt and disposition of assetsi Investment; administration. Sec. I l 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 env ironmental pollution prevention fu nd . 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 poll ution 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 deportment shall be the administrator of the fund for auditing purposes. History: 199<1, Act 451. Eff. Mar. 30, 1995:-Am. l998, Act 139. Eff. Sept. I, 1998;-Am. 2001, Act 165, tmd. Eff. Nov. 7. 2001 ; -Am. 2013. Act 73, Eff. Oc1. !, 20t3. Popular name: Act 45 I Pupulnr n1011c1 Ho7.im.lous Waste Act l'opulnr nnme: NREPA Admlnlstrallvc rules1 R 299.9101 et seq. of tho Michignn Administrntive Code. 324.11132 Repealed.1998, Act 139, Eff. Sept.1, 1998. Compiler's note: The repealed section pertained lo n:quiremcnls for 1!~1.ardous wnstc lnlllsponer business license. ropulnr 11n111e: Act 451 Rendered Friday, February 2, 2018 ©Legislative Council, State of Michigan Page 16 -51- Michigan Compiled Laws complete Through PA 10 012010 CourtlfJsy of www.legislaturffJ.mi.gov Populi1r nnmu: Huznrdous Wnstc Acl PolJUlnr nnma: NREPA 324.11132a Transporter; duties; Inspection; establishment of standards and requirements by rule. Sec. I I 132a. (I) A transporter shall do all of the following; (a) Obtain and utilize an erwironmental protection agency identification number in accordance with the rules promulgated under this part. (b) lf transporting by highway , register and be permittec;I in accorc;lance with the hazarc;lous materials lransportalion act and carry n copy of thc 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. (c) Comply with the vehicle requirements ns requirec;I by the rules promulgated under this part. (f) Utilize, complete, and retain a manifest for each shipment of hazardous waste as required by this par! and lhe rules promulgated under this part. (g) Keep all records readily available for review and inspection by the department, the department of stale police, a peace officer, or a represcntalive of lhc 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 ihe 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. U) 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 parl. (m) Comply with the universaJ was1c requirements as required by the rules promulgated under this pnrl. (n) Keep the outside of all vehicles and accessory equipment free of hazardous waste or hazardous waste cons ti Lucnis. (2) The department may conduct an inspection to verify that the equipment, location , and methods of a transporter nre adequnlc lo effectuate service under this part and the rules promulgated under this part. The department shall establish, by rule, the inspection standards and requirements. History1 Add. 1998, Ac1 139, Err. Scp1. I. 1998. Popuhlt name: Acl 4.'i I Populur numc: 1-!aiardou~ Waslo Act Popul11r n111ne1 NREPA Admlnlslt11tivc rules: R 299.9t01 ct seq. of 1hc Michigan Adminislrnlivc Code. 324.11133 Hazardous waste transporter business license; revocation. Sec . 11133. A hazardous waste transporter business license issued unc;ler this part shall be revoked if !he holder of the license selected a treatment, storage, or disposal facility which is opcralcd 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. fli~tory1 1994, Ac1451, Eff. Mar. 30, 199.'i:-Am. 1998. Act t39, Eff. Sep1. t. t998. Populnr nnmc1Ac14.51 Populnt nilma: Hnznrdous Wnslc Act Populur numc: NREPA 324.11134 Munlclpallty or county; prohibited conduct. Sec. 111 34. A municipality or county shall not prohibit the transportation of ha7.ardous waste through the municipalily or county or prevent the ingress and egress into a licensed treatment. storage, or disposal facility. Hi~tory1 1994, Act 451, Eff. Mor. 30, 1995. Populnr mime: Acl 451 Renaered Frlaay, February 2, 2010 © Legislative Council, State of Michigan Page 17 -52- Michigan Compiled Laws Complele Through PA 10 01 2010 Courtesy ol www.legislatt.1r(j.mi.gov l'opulnr nnmc: Hnznrdous Waslc Act Popular name: NR6PA 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. 11135. (I) A hawrdous waste generator shall provide a separale manifest to the transporter for each load of hazardous waste trnnsported to property tlmt is nol on the site where it was generated. Until October I, 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 ia:-; identification number. Money collected under this subsection shall be forwarded to the slate 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 lo each person subject to the manifest processing user charge by March 30 of each year. The fom1 shal l specify the number of manifests prepared by that person and proct.-ssed by the department during the previous calendar year. A person subject to the manifest processing user charge shall return the completed fom1 and the appropriate payment to the department by April 30 of each year. (3) A person who foils 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 lhe manifest processing user charge and nn administrative fine of 5% of the amount owed for each mon!h lhal the payment is delinquent. Any payments received after the fifteenth day of the month uflcr the due date arc delinquent for !hat month. However, the administrative fine shall not exceed 25% of the total omount owed . (b) Beginning 5 months after the clntc pnyment or the mnnifcst 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 Lo 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 trensurer and deposited in the environmen!al pollution prevention fund created in section 11I30. (5) The department shall maint11in informa!ion 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 collecled 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 subsecti on. (7) A generator shall include on the manifesl details as specified by the department and shall at lenst include a sufficient qualitative and quantitative analysis and a physical description of the hazardous waste to cvnJ uate 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 shal l submit to che department a copy of the manifest within 10 days after the end of the month for each loa<l of hazardous waste transported within thal month. (8) A genemtor shall certify that the information conlained on a manifest prepared hy 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 docs nol receive a copy of the manifest with the handwri lien signature of the owner or operator of the designated facility within 35 days after the dote 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 lransporler, the generator shall contact the owner or operator of the desigmHed facility lo which the hazardous waste was to be transported to determine the stanis of the huzardous waste. ( 11 ) A generator shall submit an exception repon 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 4S days after the date on which the hazardous wnste was accepted by the initial transporter. The exception report Rendered Friday, Fet>ruary 2, 2018 Pago 18 Michigan Comp!led Laws Complete Through PA 10 of 2018 @ Legislative Council, State of Michigan Courtesy of www.legislafurc"J.mi.gov -53- 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 rcpresent;1live explaining the efforts taken to locate the hm:ardous waste and the results of those efforts. ( 12) A generator slmll keep a copy of each manifest signed and dated by the initial trnnsportcr 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 haw rdous waste. The generator shall keep the copy of the manifest signed and dated by the owner or operator of !he 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 regul ated Activity or ns required by the department. History: 1994. Act 4.!i !. err. Mnr. 30, 1995:-Am. 2001, Acl 165, lmd. Eff. N('lv. 7. 2001 ;-Am. 2007, Ac! 75. tmd. Efl'. Scpt.30. 2007:-Am. 2008. Act 403, lmd. Eff. 1nn. 6, 2009:-A!I!. 201 1, Act 90, lmd. Eff. July !!5. 2011 :-Am. 2013. Act 73. Eff. Oct. I. 2013; -Am. 2014, Act 287. lmd. Eff. Sept. 23, 2014;-Am. 2017, Act 90. lrnd. Efl'. July 12, 2017. Populur nnmc: Act 451 l>opulor nnm~: Hnznrdous Waste Act ropuh1r narnc1 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. 111 36. ( 1) The hazardous waste transporter shall certify ucecptancc of waste for transportation nnd 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 n copy of the manifest for n 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 represenlfltive of the United Stales environmental protection agency. The retention period required by this subsection shall be automatically extended during the course of any unresolved enforcement action regarding the reg ulated nctivity or as required by the department. lfistory1 1994. Acl 4!51. Err. Mar. 30. 1995. Populnr niUn~: Aci 451 Populnr numc: Huznrdous Wnstc Act Populnr nomc: NREPA 324.11137 Accepting delivery of hazardous waste; condition; duties of owner or operator, Sec. 111 37. The treatment. storage, or disposal fac ility owner or operator shall accept delivery of hazardous waste only if delivery is accompanied by a manifest properly certified by both the generator a1\d the transporter and !he treatment, storage, or disposal facility is the destination indicnted on the manifest. The treatmenl, storage, or disposal faci lity owner or operator also shall do all of the following: (a) Certify on the manifest receipt of the hazardous waste nnd retum a signed copy of the manifest to the dep;:utment within a period of 10 dnys after the end of the month for nil hazardous waste recei ved within that month . (b) Return n signed copy of the manifest to the generator. (c) Keep pcnnanent records pursuant to the rules promulgated by the department. (d) Compile a periodic report of hai:ardous waste treated, stored, or disposed of as required by lhe department under rules promulgated by the department. (e) Retnin a copy of each manifest and report described in thi s 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 Unil~d States environmental protection agency . The retention period required by this subdivision is automatically el(tcnded during the course Of any Ulll'esolved enforcement action regarding the regulnted activity or as requi red hy lhe department. History: 1994. Act 451 , Eff. M~r. 30. 1995. Po1mlar nomc: Act 451 Populnr nnmc: l-lnznrdous Wnstc Act f'opulnr muno: NREPA Admlnlstrnlh•e r11les1 R 299.910 I et seq. of 1hc Michigan Administrative Code. Rendered Friday, February 2, 2010 Page 19 Miel1igan Compiioo Laws Complete Through PA 10 of 2016 © Legislative Council, State of Michigan Courtesy of www.fegislature.migov -54- 324.11136 Generator of hazardous waste; duties; records; report. Sec. l 1138. (I) A generator of hazardous waste shall do all of the following; (a) Compile and maintain infonnntion nnd records regarding the quantities of hazardous waste generated, characteristics and composition of 1he hazardous waste , and the disposition of hazardous waste generated. (b) Utilize proper labeling and containerization of hazardous waste as required by the departmenl. (c) Provide for the transport of hazardous waste only by a transporter permitted under the hazardous materials transportation acl. (<l) Utilize and retain a manifest for each shipmcnl of hazardous waste transponed Lo property that is not on site as required by section 11135 and nssure that the trcatmcnl, storage, or disposal facili ty to which the waste is transported is a designated facili 1y. (e) Provide the information on the manifest as required under section 11135( I) to each person transporting, treating, storing, or disposing of hazardous waste . (I) 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 Stales environmental protection agency. (g) Retain all records for a period of 3 years. The retention period required by th is subdivision is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as required by the department. (h) 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 depar1ment. (2) A generator who also operates a treatment, storage, or disposal faci lity 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. Histo1·y! 1994, Act 4!il. Eff. Mar. 30, 1995:-Am. 1998, Aet 139, EfL Sept. I, 1998. Popular n:\111e1 Acl 45 1 Pofll!hw hnln~: Hazardous Wa5lc Act Popular numc: NREPA 324.11139 Condition of obtaining operating license for disposal faclllty; condition of obtaining operating license for landfill. Sec. 11139. (I) As a condition of obtaining all operating license for a disposal facility pursuant lo 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) Th<1L lhe property has bei:n 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 plal and records of type, location, and quantity of hazardous waste on or in the properly have been til ed 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 n landfill pursuant to section 11123, the applicant shall demonstrate to the dep;irlment that an instrument impl>sing a restrictive covenan t 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 registe1· of deeds in the county in which the: disposal facility is located. The covenant shall state that the lnnd has been or may be used as a landfi ll 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 1\iithout authorization of the department, In giving authorization, the department shall consider, at n minimum, the original design, type of operation, hazardous waste deposited, and the slate: of decomposition of the 111l. Before au thoriiing any activity that would disturb the integrity of the final cover of a landl111, the department must find either that the disturbance of the flnal cover is necessary to the proposed use of the property and will not increase the potential hazard lo 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 45 I, Err. Mar. 30, 1995. Populin· nnmc: Act 451 Rendeted Ftiday, February 2, 2016 © Legislative Council, State of Michigan Page 20 -55- Michigan complied Laws Complete Tnrough PA 10 ol 2018 Court&sy of www.teglslature.migov l'op11h1r nnm~; Hazardous W.isl~ Acl Popular nnm~: NREPA 324.11140 Closure and postclosure monitoring and maintenance plan; submission; contents; rules. Sec. 11140. (I) The owner or operator of a treatment, storage, or di sposal facility shall submit a closure plan Lo the department as part of the application for an operating license under section 11123. In addition , the owner or openilor of a disposal facility shall submit a postclosure monitoring and maintenance plan lo the departmcnt as part of the npplication. Al a minimum, the closure plan shall include a description of how the fncilily shall be closed, possible uses of the land after closure, anticipoted time until closure, estimated time for closure, and each anticipated partial closure, Those fa cilities 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 und leachate mon itoring system, sampling analysis and reporting requirements, and any other pertinent requirements, History: 1994, Act 451, Eff. Mnr. 30. 1995:-Am. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Popular name: Act 45t Populot hllhlcl l·lnznrdolJS Waste Ael Populur nnmc: NREPA Administrative rules: R 299.9 !0! Gt seq. of the Mic!!ig~n AdministrMivn Code. 324.11141 Cost of closing and postclosure monitoring and maintenance of facltlty; 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 tnist fund , as approved by the department , to cover the cost of closing the treatment, storage, or disposal faci lity after its capacity is reached or operations have otherwise terminated . In addition, the owner or operator of a disposal facility shall also file n surety bond or other suitable instrument or mechanism or establish 11 secured trust fund, approved by the department, to cover the cost (_>f 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, lo 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 the operating license application, and, with respect to a disposal facility, to monitor and mai ntain the site for a ptiriod of at lea:;t 30 years. The bond, instrument, mi:chanism, 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 1he permitted lev el of operations. Failure to maintoin the bond, instrument, mechani sm, or fund , or combination of these methods of assurance, constitutes a violation of this part. History: 1994, Aet 45 I, Eff. Mor. 30, 1995. Popular mime: Act 45 I Popular nnme: Ha1.~rdous WaRlc Acl J'opular MIUCI NREiPA Admihistmtivc rules: R 299.9101 ct seq. of the Michigan Adrniolsmulve Code. 324.11143 Hazardous waste service fund; creation; financing; uses of fund; administrationi expenditures; expenses; rules. Sec. 11143. (I) There is created within the state treasury a hazardous waste service fund of not less thnn $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 closutc mor1itoring and maintenance of treatment, storage, or disposal facilities. (2) The department shall administer the fund and authorize e1Cpendilures 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 o treatment, storage, or disposal facility as required by section 11141 is inadequate or ReMeted Friday, February 2, 2018 ©Legislative Council, State of Michigan Page 21 -56 - Mlchl9an Compllec! Laws complele Tnrough PA 10 01 2018 Courtesy of wwwlegfslature.ml.gov is no longer in cffecL (3) After an expenditure from the fund, the department immediately shall request the attorney general to begin proceedings to recover any e:l\penditure 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 obli gation in regard to closure or postclosure monitoring and maintenance of a facility. If the owner of the properly refuses to pny expenses incurred, the expenses shall be assessed against the properly and shall be collected and treated in the same manner as taxes assessed under the laws of the state. (4) The departm ent shall promulgate mies to define a hazardous waste emergency and to establish the method of payment from the fund. History: 1994. Act <1!> I. F.ff. Mnr. 30, 1995. l'opul:ir nnmC!I Acl 451 l1opulur numc: Hnznrdous Wnslc Act l'opulnr nnmc: 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 wrillcn report nol less than 4 times per year for each licensed treatment, storage, and disposal facilily. (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, stomge, or dii:posal 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 lhc lrnatment, storage, or disposal facility , or other location of alleged violation to investigate the complaint or allegation within nol more than 5 business days after receipt or the complaint or allegation. If a complaint or all egation 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 subsecti on (3). the department shall make a wrilll.:n report to the municipality within 15 days. (5) A person who hns knowledge that hazardous waste is being treated, disposed of, or stored in violation of thi s part shall notify the department. A perSon who has knowledge that nn emergency siluation exists shall notify the department and the department of community health. Hlslory: 1994, Ac:t451. Bff. Mar. 30, 1995;-Am. 1998, Act 139, Eff. Sept. I. 1998. Popnlot mum•: Act 451 Populm· nnmc: Hnzardous Wnslc Act Popular numC!: NREPA 324.11145 Administration and enforcement of part by certified health department; certification procedures; rescission of certification; annual grant; costs; rules. Sec. 11145. (l) The department may certify a city, county, or district hcnlth department to administer and enforce portions of this part but only to an extent consistent with obtaining and maintaining authorization of the slate's hazardous waste management program pursuant to sections 3006 lo 3009 of subtitle C of the solid waste disposal act, title n of Put>lic Law 89-272, 42 U.S.C. 6926 to 6929. Certification procedures shall be estnblishcd by lhc department by rule. The department may rescind certification upon the request of the certifi ed city, county, or district health dcpartm"nt, or afier reasonable notice 11nd hearing, if the department find s that a certified health department is not administering and enforci ng this part as required. (2) In order for a certified health department to carry out the responsibilities authorized under this parl, an annual gran t 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 100% of its reasonable cost:; as determined hy the department hased on criteria established by rule. The deparLincnl shall promulgate rules for distribution of the appropriated funds. Htstory1 1994, Act 451, Eff. Mnr. JO, I 995. Populnr name: Act 451 rop11lar namci Maznrdous Waste Act Popnlur numc: NREPA Administruth•e rules: R 299.9101 c1 seq. or the Michig~n Ac!ministi·ativc Code. 324.11146 Request for Information and records; purpose; court authori:z:ation; inspection; samples; probable cause as to violation; search and seizure; forleiture. Renaere<l Friday, F9btuaty 2, 2016 ©Legislative Council, State of Michigan Page 22 -57- Mlct,lgan Complied Laws Complele Through PA 10 or 2018 Courtesy of wwwlegislature.ml.gov Sec. 11146. (I) Any person who generates, stores , treats, transports, disposes of', or otherwise handles or has handled hazardous waste shall furnish infom1ation relating to the hazardous wastes or permit access to nnd copying of all records relating lo the hazardous wastes, or both, if the information and records arc required to be kept under this part or the rules promulgated under this part, upon a request of the department, made for lhc purpose of developing n rule or enforcing or administering this part or a rule promulgated under this part. This subsection docs not limit the department's nuthority to pursue appropriate court authorization in order to obtain information pertaining to enforcement actions under thi s part. (2) The department may enter at reasonable limes any lrealmenl. storage, or disposal facility or other place where hazardous wastes arc or have been generated, stored, treated , disposed of, or trnnsportcd from and may inspect the facility or other place and obtain from any person samples of the haza rdous wastes and samples of the containers or labeling or the wastes for the purposi: of developing a rule or enforcing or administering this part or a rule promulgated under this part. (3) If the dcparlmcnl or i1 law enforcemenl 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 n vehicle or equipment thnt is possessed, used, or operated by that person. The department or a law cnforcement official may seize a vehicle, equipment, or other property uscd or operated in a manner or for a purpose contrary to this part or a rule promulgated under this part. A vehicle, equipment, or olhcr properly used in violation of this part or a rule promulgated under lhis pnrt is subject to seizure and forfeiture as provided in chapter 47 of the revised judicature act of 1961 , J961 PA 236, MCL 600.4701 Lo 600.4709. History: 1994. Ac1451. Eff. Mar . .30. 1995:-Am. 1998, Act 139, e:rr. Sept. I. 1998. l'opulnr nnmc: Acl 45 I Pop11J111· name: Hazardous Waste Act Popuh1r Mine: NREPA 324.11147 Violation as misdemeanor; penalty; appearance ticket. Sec. 11147. A person who violates section 1 I 132a( I )(b) or (n) or who violates rules promulgnted under section I I l32a( 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 offii.:er may issue an appearance ticket to a person who is in violation of section I 1132a(l)(b) or (n) or lhc rules promulgated under section I I I 32a( I )(b) or (n). History: 1994. Act 451 . Eff. Mar. JO, 1995:-Am. 1998. Acl 139. Eff. Sept. I. !998. Populnr nnmo: Acl 451 Populnr num~: Hazardous Wuslc Acl ropular n:nttc: NREPA 324.11148 Imminent and substantial hazard to health; endangering or causing damage to publlc health or environment; actions by director; determination. Sec. 11148. (I) Subject to subsection (2), upon receipt of informntion that the storage, lrnnsportalion, treatment, or disposal of hazan.lous waste may present an imminent and subslantial hazard to the health of persons or to the natural resources, or is endangering or causing damage to public health or the environn1cnt , the department, after consultation with the director of public health or a designated representative of the director of public health, shall take l or more of the following actions: (a) lsst1c an order directiiig the owner or operator of the tTeatment, 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 hai.ard . 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 mny be issued without prior notice or hearing and shall be complied with immediately. An order issued under this subdivision shall not remnin in effect more than 7 days without affording the owner or operator or custodian an opportunity for n 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 lhe time limi L specified and pursuant to the department's requirements, the department shall issue 11 cease and dcsist ordcr ng~1inst lhe owner or operator of the trcalmenl, slorage, or disposal facility, generJtor, or transporter and initiate action to revoke the operating license nnd take appropriate action. (b) Request that the attomey 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 net or practice. (c) Revoke a permit, license, or construction permit after reasonable notice and hearing pursuant lo the Rcndere<J Fridny, February 2, 2016 <P Legislative Council, State of Michigan Page 23 -58- Michigan Compiled Laws Complele Through PA 10 of 2<l1a Courtesy of www. /egis/ature. mi.gov Rdministrative procedures act of 1969, 1969 PA 306, MCL 24201 to 24.328, if the department finds that a treatment, storage, 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 imm inent and substantial hazard to the health of persons shall be made by the director of community health. History: 1994. Act 4:'il. Eff. Mnr. JO. 1995;-Arn. 1998. A~1 139, Eff. Sop\. I, 1998. Populur numc: Act 451 Popular nnm~: Hazardous Wnslc Act Populur 1u1111c: NRBPA 324.11149 Tearing down, removing, or destroying sign or notice as misdemeanor; penalty. Sec. 11149. A person who willfully tcurs 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 . lllstor)': 1994, Act 451. Brr. MM. :m, 1995. Popular name: Act 451 l'opulnr 1111m~: Hn1.ardous Waste Acl J'opul111· nnm~: NRE:PA 324.11150 Order of noncompliance; order suspending or restricting license of facility. Sec. 11 t50. (I) Upon receipl and verification of infonnation that a licensed storage, treatment, or disposal fucility does not hnvc or has not maintained a suitable instrument or mechanism required under section 11141 , or that the hm:arclous waste at the licensed facility exceeds the maximum quantities allowed under the storage, treatment, or disposal facility's license issued under this part, Lhe department may issue an order of noncompliance directing the owner or opernlor of the storage, treatment, or disposal facility to take steps lo eliminate the act or practice lhnt results in n violation listed in this section. An orcler issued pursuant to this section shall specify the correcti ve action necessary and may order a licensed focilily that has exceeded the maximum quantities of hazardous waste allowed under the terms or the facility's license to cease receiving hazardous waste. The order shall specify the lime limit in which corrective action must be completed. If a licensed storage, treatment, or disposal facility comes into compliance with Lhis part following the issuance of an order of noncompliance, the department shall sencl writlcn verification· of compliance to the owner or operator of the facility. (2) An order of noncompliance issued pursuant lo subsection (I) that requires a licensed facility lo reduce the quantity of haiardous 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 lhe facility waives his or her right. lo a hearing, the owner or operator shall cooperate wilh the department in developing and implementing a compliance plan to red uce the amount of hazardous waste at the facil ity. 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 24.20 I to 24.328 of the Michigan Compiled Laws. An order provi ded for in this subsection that suspends or restricts a license following the licensed faci lity's failure to comply with an order of noncompliance provided for in this secti on 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 fail ing to maintain a suitable instrument or mechanism required under secti on 11141 and does not make reasonable efforts to comply with Lhe order or noncompliance, the department may issue an order suspending or restricting the facility's license pur&unnt to Act No. 306 of the Public Acts of 1969. An order provided for in this subsection that suspends or restricts a license fo llowing the licensed facility's failure to comply with an order of nonco111pliancc provided for in this section shall not remain in effect for more than 7 days without affording the owner or operator of the faci lity an opportunity for a hearing lo contest the suspension or restriction. (4) Upon receipt and verification that n storage, treatment, or disposal facility has not maintained a suitable instrument or mechanism required under section 11141 or that hazardous waste at a licensed faci lity exceeds Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 24 -59- Michigan Complied Laws Complete Through PA 10 ol 2018 Courtesy of www.legislature.migov 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 Acl No. 306 of the Public Acts of 1969, without first issuing an order of noncompliance. History: 1994, A~t 451, Eff. Mnr. 30, 1995. Populur name: Act 45t Popul11r norne1 Hazardous W3sle Ael Populnr Mme: NREPA 324.11151 Violation of permit, license, rule, or part; order requiring compliance; clvll action; jurisdiction; imposition, collection, and disposition of fine; conduct constituting misdemeanor; penaltyi 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 litlgatlon; Intervention. Sec. 11151. (I) If the department finds thnt a person is in violation of a permit, license, rule promulgated under thi s pan, 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 !his part including a corrective action requirement of this part. The allomey gcnernl or u person may commence a civil action against a person. the department. or a health department certified under section J 1145 for appropriate relief, including injunctive relief for a violation of this part including a corrective action requiremenl 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 localed, resides, or is doing business . The court has jurisdiction to restrain lhe violation and to require eompliam.:c. ln addition lo any other relief granted under this subsection, the court may impose a civil fine of not more lhan $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 pennit, 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 pem1it, 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 I year, or both. If the conviction is for a violation committed after a first conviction of !he person under this subsection , the person is guilty of a misd~mcanor 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 viol ation, or by imprisonment for not more than 2 years, or both. Additionnlly. a person who is convicted of a violation under lhis 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 subsecti on (2) and who knows at that time that he or she thereby places another person in imminent d;tnget 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 circumstance..<; manifests an extreme indifference for human life, upon conviction, is subject to a fine of not more than $250,000.00 ot 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 fine of not more than $250,000.00 or imprisonment for not more than 5 years. or both. A defendant that is not an individual nnd 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 stale of mind is knowing with respect to: (a) His or her conduct, if he or she is aware of lhe nalure 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 cnuse danger of death or serious bodily injury. Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Paga 25 -60- Michigan compiled Laws Comp!ele Through PA 10 of 201 a Cou11esy of www.legis/ature.m1:gov (5) For purposes or subsection (3), in detennining 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 follow ing apply: (a) The person is responsible only for actual awareness or actual belief thut he or she possessed. (b) Knowledge possessed by a person other than the defendant bul not by the defendant himself or herself may not be attributed lo the defendant. However, in proving the defendant's possession of nctual knowledge, circumstanlial evidence may be used, incl uding evidence that the defendant took nffirmntive steps to shield himself or hersel f from relevant informati on. (6) ll is an artinnntive defense lo 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 busi ness, or a profession. (b) Medical treatment or professionally approved methods and the other person had been made aware or the risks involved prior lo giving consent. (7) The defendant may establish an affi rmative 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 n substantial risk of death. (b) Unconscio11sness. (c) Extreme physical pain. (d) Protracted and obvious disfigurement. (c) Protracted Joss or impairment of the function of a bodily member, organ, or mental faculty. (9) In addition ton fine, the attorney general may bring an action in a court of competent jurisdi1:tion to recover the full value of the damage done lo the natura l resources of this state and the costs of surveillance and enforcement by the state resulting from the violation. The damages am.I 1:ost 1:ollectcd under thi s subsection shall be deposited in the general fund if the damages or costs result from impnirment or destruction of the fi sh, wildli fe, or other natural resources of the slate and shall be used to restore, rehabilitate, or mitigate the damage lo those resources in the affected area, nnd for the specific resource Lo which lhc damages occurred. (10) The court, in issuing a final order in an action brought under thi s part , may award costs of litigation, inc luding reasonable attorney and expert witness fees Lo 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 nction. History: 1994. Act 4.51. Err. Mor. 30, 1995:-Am. 1998. Act 439, Eff. Mor. 23. 1999. roputur OQnlC: Act 451 Populor numc: Hazardous Waste Ai:l l'opulor num~: NREPA 324.11162 Interstate and International cooperation; purpose. Sec. 11152. The department shall encourage inLerstalc and international cooperation for the improved management of ha1.ardous waste; for improved, and so far as is practicable, uniform state laws relating to the management of hazardous waste; and compacts between this nnd other states for the improved management of hazardous waste. History: 1994. Act4.S I, Eff. Mor. 30. 199.:'i. ropul:ir name: Act 451 Popular nnn1c: Ho1.~rdo11~ W:islc Act Populnr nnmc: NREPA 324.11153 Site identification number; user charges; violations; maintenance of Information; summary of findings; report; definitions. Sec. 11153. (I) A generator, transporter, or treatment, storage, or disposal faci lity shall obtain and uti lize a site identification number assigned by lhe United States Environmental Protection Agency or the department. Until October I , 202 1, the department shall assess a si te identification number user charge of $50.00 for euch site identification number it issues. The department shall not issue a site identification number under this subsection unless the site identification num ber use r charge and the tax identification num ber for the person applying for the site identilication number have been received by lhe department. Rendered Friday, February 2, 20Hl ©Legislative Council, State of Michigan Pago 26 -61- Michigan Compiled Laws Complete Through PA 10 ol 2018 Courtesy of www.leglslsture.mi.gov (2) Until October I, 202 L, the department shall annually assess hazardous waste managerm:nl program user charges as follows; (a) A generator shall pay a handler user charge tilat is the highcsl of the following applicable fees; (i) A generator who generates more than I 00 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 I ;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 to the department an annual handler user charge of $400.00. (iii) A generator who generates I ,000 kilograms or more of hawrdous waste in any monlh 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 treatmenl, 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 chnrge of $2,000.00. (c) A used oil processor or rercfincr, a used oil burner, or a used oil fuel marketer as defined in the rules promulgated under t.his part shall pay to the department an annual handler user charge of$ I 00.00. (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 dcpartmenl. The handler shall certify that lhe 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 JO of each year. (5) A handler who foils lo provide timely and accurate i11fom1ation, a complete form, or the appropriate handler user charge is in violation of this part and is suhject 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 liftcenth 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 nol paid in full, al the request of the department, an action by the at1orncy general for the collection of the amount owed under subdivision (a) and the actual cost to the department in attempting to collecc the amount owed under subdivision (a). (6) The department shnll maintain informillion regarding the site identification number user charges and the handl er user charges collected under thi s section as necessary to satisfy the reporting requirements of subsection (8). - (7) The si te identificalion number user charges and the handler user charges collected under this section and any amounts collected under subsection (5) for a violation of this secti on shall be forwarded to the state treasurer and deposited in the environmental pollution prevention fund created in section 111 30. (8) The department shall evaluate the effectiveness and adequacy of the site identification number user chnrges nnd the handler user charges coll ected under this secti on relative to the overall revenue needs of the 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 summarizi ng the department's find ings under this subsection. (9) As used in this section: (n) "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: A<ld . -.ZOO I, Act 165. lmd. Bff. Nov. 7. 200 I :-Am. 2007, Act 75, lmd. Eff. Scpl. 30, 2007;-Am. 2008, Act 40:!, lmd. Eff. J~n. <>. 2009:-Am. 2010. Act ;157. lmd. Eff. Dec. 22, 2010;-Am. 2011 . Act 90, hnd. Eff. July 15. Wl 1:--Am. 2013, Act 73, Eff.Oct. I, ';?013:-Am. 'i?Ol4, Act 287, lmd. Eff. Sop!. 23. 2014:-Am. 2017, Act 90, lmd. Erf. July 12, 20 17. Popular nam~1 Acl 451 Popul11r nflmc: Hn2urdous Wasre Act l'opulnr nnmc: NRE::PA Renclered Friday, February 2, 201a © Legislative Council, State of Michigan Page 27 -62- Mlchl11an Complied Law~ Complete Through PA 10 01 W1B Courtesy of www.legislature.mi.gov 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.deg.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 took under the heading "Oils-Waste." 3. What type and amount of insurance does the transporter or TSOF 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. _ 63 _ an.gov/deq 12/2015 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. 1 O. 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.deg.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-envasslst@michigan.gov for a referral. This publlcotion Is Intended for guidance only and may be Impacted by changes In legislation, rules. policies, ancl procedures adopted after the date of publication. Although this publication makes every effort lo leach users how to meet app//cable compliance obligations, use of this publication does not constitute the rendering of legal advice. -64- LARA Home Contact LARA Online Services News Ml.gov LARA MEDICAL MARIHUANA REGULATION Rule 8. Marihuana facility plan. (1) To ensure the safety, security, and integrity of marihuana facility operations, an applicant shall submit a marihuana facility plan for the proposed marihuana facility as required in Rule 6 and thereafter upon request by the department. Upon the request of the department an applicant or licensee may be required to submit a revised marlhuana facility plan. (2) The marihuana facility plan shall include, but not be limited to, the following: (a) The type of proposed marihuana facility, location, description of the municipality, and any of the following if applicable: (i) Operation at the same location under Rule 24. (ii) Proof of common ownership interest under Rule 24. (iii) Stacked license under Rule 22. (iv) Temporary operation under Rule 19. (b) Diagram of the marihuana facility including, but not limited to, its size and dimensions; specifications; physical address; location of common entryways, doorways, or passageways; means of public entry or exit; limited-access areas within the marihuana facility; and indication of the distinct areas or structures at a same location as provided for in Rule 24. (c) Floor plan and layout. including dimensions. maximum storage capabilities, number of rooms, dividing structures. fire walls. and entrances and exits. (d) Means of egress, including, but not limited to, delivery and transfer points. (e) Construction details for structures and fire-rated construction for required walls, (f) 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. (g) Zoning classification and zoning information. (h) If the proposed marihuana facility is in a location that contains multiple tenants and any applicable occupancy restrictions. (i) A proposed security plan that demonstrates the proposed marihuana facility must meet the security requirements under Rule 27. U) Any other information required by the department as long as It Is not inconsistent with the act and these rules. (3) Any changes or modifications to the marihuana facility plan under this rule must be reported to the department and may require preapproval by the department. -65- (4) The department may provide a copy of the marihuana facility plan to the state fire official, local fire department, and local law enforcement for use in pre-incident review and planning. (5) The department may reinspect the marihuana facility to verify the plan at any time and may require that the plan is resubmitted upon renewal. Index EF Rules 123 4 5 6 7 8 9 10 1112 13 14 15 1617 18 19 20 212223 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 414243 44 45 46 47 48 49 50 51 LARA Contacts Bureau Overviews and Contact Information Technical Support Featured Services Business Entity Search Online Liquor Ordering Verity a License/ Registration for a Health Care Licensee Our Performance Reports LARA Corporations, Securities & Commercial Licensing Bureau Customer Satisfaction Survey Professional Licensing Survey Legislative Reports Stay Connected Sign up for email updates from LARAI •-U••-•-··-••--~·~-- LARA FOIA Process Office of Regulatory Reinvention State Web Sites Open Michigan Michigan.gov Home ADA Michigan News Policies Copyright 2018 State of Michigan -66- LARA Home Contact LARA Online Services News Ml.gov LARA MEDICAL MARIHUANA REGULATION Rule 26. Building and fire safety. (1) An applicant's proposed marihuana facility or a licensee's marihuana facility may be subject to inspection by a state building code official, state fire official, or code enforcement official to confirm that no health or safety concerns are present. (2) The department or its authorized agents, state building code official, or his or her authorized designee may conduct pre-licensure and post-licensure inspections to ensure that applicants and licensees comply with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. (3) An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy has been 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. (4) An applicant or licensee shall not operate a marihuana facility unless the proposed marihuana facility or marihuana facility has passed prelicensure fire safety inspection by the Bureau of Fire Services (BFS). The department or its authorized agents, or state fire marshal or his or her authorized designee, may conduct pre-licensure and post~licensure inspections of a marihuana facility. An applicant or licensee shall comply with the following: (a) A BFS inspection may be conducted at any reasonable time to ensure fire safety compliance as provided in this rule and subrule (5) of this rule. A BFS inspection may be annual or biannual and result in the required installation of fire suppression devices or other means necessary for adequate fire safety pursuant to state standards. (b} BFS may require marihuana facilities to obtain operational permits, including but not limited to, carbon dioxide systems used in beverage dispensing applications, amended for cultivation use and extraction, compressed gases, combustible fibers, flammable and combustible liquids, fumigation and insecticidal fogging, hazardous materials, high piled storage (high rack system cultivation), and liquefied petroleum (LP) gas. -67- (c) For specific installation or systems, BFS may require facilities to obtain construction permits, including but not limited to, building construction, electrical, mechanical, compressed gases, flammable and combustible liquids, hazardous materials, LP gas, automatic fire extinguishing/suppression systems, fire alarm and detections systems, and related equipment found during fire safety inspections. (5) The department or Its authorized agents, or state fire marshal or his or her authorized designee, may conduct a BFS fire safety inspection of marihuana facility, at any reasonable time to ensure compliance with the national fire protection association (NFPA) standard 1, 2018 edition, entitled "fire code," which is adopted by reference as part of these rules. A licensee shall comply with the NFPA 1, 2018 fire code as adopted and the following additional requirements: (a) Ductwork must be installed with accordance with the manufacturer and NFPA 90A. (b) Suppression systems outlined in NFPA 12, NFPA 13, NFPA 17, NFPA 2001 may be required to meet the suppression needs within a marihuana facility. (c) Processors1 growers1 and safety compliance facilities shall implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust ventilation equipment must be appropriate for the hazard involved and must comply with local fire code and Michigan mechanical codes. (6) In addition to meeting all the requirements in subrules (1) to (4) of this rule, growers and processors shall also comply with the following: (a) The department or its authorized agents, or state fire marshal or his or her authorized designee, may enter and inspect a grower and processor marihuana facility at any reasonable time. (b) In addition to any inspections required under the act and these rules, fire safety inspections are required if any of the following occur: (i) Modifications to the grow areas, rooms and storage, extraction equipment and process rooms, or marihuana-lnfused product processing equipment within a marihuana facility. (ii) Changes in occupancy. (iii) Material changes to a new or existing grower or processor facility Including changes made pre-licensure and post-licensure. (iv) Changes in extraction methods and processing or grow areas and building structures may trigger a new inspection. (c) For extractions using compressed gases of varying materials including, but not limited to, butane, propane, and carbon dioxide that are used in multiple processes In cultivation or extraction the following must be met: (i) Flammable gases of varying materials may be used in multiple processes in cultivation or extraction and must meet the requirements in NFPA 90 A, NFPA 58, Appendix B of NFPA 58, NFPA 70 and the applicable parts of the international fuel gas code. (II) Processes that extract oil from marihuana plants and marihuana products using flammable gas or flammable liquid must have leak and/or gas detection measures. All equipment used in the detection of flammable and/or toxic gases must be approved by the BFS and may require -68- construction and mechanical permits. (iii) Marihuana facilities that have exhaust systems are regulated by NFPA 45, NFPA 91 and the applicable parts of the Michigan mechanical code. Index EF Rules 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 343536373839404142434445464748495051 LARA Contacts Bureau Overviews and Contact Information Technical Support Featured Services Business Entity Search Online Liquor Ordering Verify a License/ Registration for a Health Care Licensee LARA FOIA Process Michigan.gov Home Our Performance Reports Legislative Reports Stay Connected LARA Corporations. Securities & Commercial Licensing Bureau Customer Satisfaction Survey Professional Licensing Survey Office of Regulatory Reinvention Open Michigan ADA Michigan News Copyright 2018 State of Michigan -69 - Sign up for email updates from LARA! State Web Sites Policies Name of Eslabllshment I Establishment OBA (If Known) _HURON .WELLNliS AN.D SOLUTIONS LLC Establlshment AdCfress Clly State 3812 S MARTIN LUTHER KING BLVD Lansing Ml Medical Marihuana Provis'ioning Center Application OFFICAL USE ONLY March 10, 2018 REVISED DENIAL Building Review: Conditional App1·oval -Building Approval subject to plan review and permitting of the proposed alterations, field inspection, and approval of structure for compliance with the Michigan Building, Electrical, Mechanical, and Plumbing Codes. Per Emergency Rule 26 (3) the facility shall not operate until the final Certificate of Occupancy h~s been issued by the Building Safety Office. Sanitation and Waste Disposal Review: ' . -... 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 -70- p PRIORITY MAIL 2-DAY™ Chris Swopa Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 0004 !c10sl SHIP Superior Wellne&!O & Solutions LLC TO: Greet Lakes Wellness & Solutions LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS TRACKING# II 11111111111111 9405 5118 9956 0516 9290 39 -71- Shipping Label Recalpt Delivery Connrmatlon"' Sorvl'o Number: 9406 5118 9968 0618 9290 39 Pl!Otlly Mi• 7'-DAV With USPS TllACKING 4' a.<tronle-FH: S0.000 T<Ul P<Kll>go and F-SO 56 Wolghl: 1a< Plll\I Oilt: 03/ist21)1& Ma1t1ngO.to:msno10 ''""'' Chris Swope TI>: Lansing C~y Clork'& otr1C& 124 W Michigan Ave FIOor 9 Llln$ing Ml 48933 Si!l)erior We«ne'5 & SolunOM U..C Graat Lake9 WellneH & SohJtion• LLC 3334 Roe~q;Wr Rd 165 Troy Ml 48083-5426 USPS Poslm111c Hort Instructions: I. ~-· illlj)plng label lo pachge v.1111 ltPO «QM· DO NOT TAPE 011EA l!AACOD5. Bt tllrt Ill odoet ""' seamod. Sd~oill•l!Yt ltbd ltr-..mondod. 2. Pl11<;0illoiabelso1-. ncC wrap aiound lho odgo ol 111• pad<ogo. 3. Ttlls PldilOO tnoy be dopo5llod In lllY cc4Jodlon b<I<, hon~ lo ywt md com or, "'pr...,,lcd tot dllti al !fO<JI" local POOi Oll\ci, 4. Each oonJm11Uon numb« I• unlquo Ill~ eon b9 UHd ont1 onu · DO NOT PHOTOCOPY, s. VOJ MiJM mall this pad<oge on Iha "ln1N dalo"illal ls spe~lod on lhis label, March 15, 2018 Huron Wellness and 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 3812 S Martin Luther King Jr Blvd 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 1300.1 S(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 cons ider 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 sha ll be returned. This refund will be processed after all appeals are exhausted. Lansing City Clerk's Office Ninth Floor, City Hall, 124 W. Michigan Ave., Lansing, Ml 48933-1 695 517-483-4131 :_ 72_ -377-0068 FAX www.lansingmi.gov/clt::11\:;. 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. Michi~an Ave., Lansing, Ml 48933-1695 517-483-4131 ( ?3 -·377-0068 FAX www.lansingml.gov/cl~•K ~ clerk@lansingmi.gov COVERT & CALKINS March 28, 2018 I r..> ::r-= ~:-~ ::v N Chris Swope, Lansing City Clerk 124 W M ichigan Ave Via Hand o;ii.vetf -i:: Lansing, Ml 48933 :--;-) !~ r-:-·1 "',--, ... RE: Huron Wellness & Solutions LLC -3812 S MLK Blvd -Provisioning Center Application Denial Dear Clerk Swope and the Office of the City Clerk ""TI r ., C J ( .. .) This letter serves as a notice that Huron Wellness & Solutions LLC (Huron Wellness) is appealing from your decision to deny Its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 3812 S MLK Blvd. Under Chapter 1300.lS{C) ofthe Lansing Code of Ordinances (Ch. 1300), Huron Wellness has a right to a review and hearing of any denial or revocation of a license made under Chapter 1300. Background: Huron Wellness submitted their application for a Provisioning Center License under Ch. 1300 to the Lan sing City Clerk's Office on December 15, 2018. On February 7, 2018, Huron Wellness 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. Th e language, quoted above, regarding Rule 36 included no such specificity. Huron Wellness contacted the City Clerk's office for further explanation on 3 separate occasions1 February 7th at 2:42 PM, and twice on February 13th, at 10:20 AM and 1:31 PM. During these calls, City Clerk staff1 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 71 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 "wast e disposal plan.'1 In an effort comply with the ordinance, the Clerk's vague request, and the Rules, Huron Wellness reviewed the LARA Emergency Rules (Rules) and created a waste disposal plan that complied with Rule 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 5 12-8364 Fax : (5 17 ) 253-0908 1 (_ 7 4- COVERT & CALKINS 36. Huron Wellness also amended other parts of their application to provide more robust procedures for dealing with waste and sanitation. Huron Wellness submitted this Waste, Chemical & Plant Waste Disposal Plan (Plan) to the City on February 20, 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, Huron Wellness 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 7th 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.lS(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. Huron Wellness 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 7111• This sudden and material change does not comply with Ch. 1300.lS(C), which indicates that Huron Wellness 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 : (51 7 ) 253-0908 21_75_ 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 applicants, licensees, proposed marlhuana facl/ltles, and marihuana facility operations: (a) Oversee and conduct inspections through Its Investigators, agents, auditors, 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 mar/huana facilities and proposed marlhuana 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 7th 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 Huron Wellness. Grounds for reversal: I. The December 2017 Facility Sanitation Plan complies with Ch. 1300.S(B)(lB), and any perceived deficiencies are not "material violations'' that should result in a denial or revocation of a license, as required under Ch. 1300.lS(B)(l) of the Ordinance. The original submitted plan is sufficient to substantially comply with Ch . 1300. II. Ch 1300.5(6)(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. The Amended Waste Plan submitted to the City Clerk on February 20, 2018 is not a "Material Violation" that should result in a denial or revocation of a license, as required under chapter 1300.lS(B)(l) 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 Marlhuana waste will be disposed of, and how Marihuana will be rendered unusable. i. Chapter 7(f) on Page 24 ofthe Original Business/Facility Plan, Huron Wellness indicates that it will comply with all other applicable State and 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517) 512-8364 Fax : (51 7 ) 253-0908 3 LJ6- COVERT & CALKINS Local building 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 20, 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 Huron Wellness 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 Huron Wellness 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 w aste 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 M ETRC or an approved third-party integration, such as MJFreeway. 2) Rule 36 requires that: (1) Marihuana product that ls 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 324.11101to324.90106. (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 wa ste landfill. (b) A manned compostable materials operation or facility. (c) An in-vesse l digester. (d) In a manner in compliance with applicable state and local laws and regu lations. 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (517 ) 253-0908 4 -77- COVERT & CALKINS 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, 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 wa ste 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 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (51 7 ) 253-0908 5 ·-78- COVERT & CALKINS Lansing and State of Michigan law'' does not meet the requirements for a zoning determination under MCL 125.3606(b)-(d): 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 7th 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 Huron Wellness. Conclusion and Request for Relief Huron Wellness 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, Huron Wellness requests that the Hearing Officer find that the Statement of Correction submitted on February 20, 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, Huron Wellness 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, Huron Wellness 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 4~ ;cfcalkins 1129 North Washington Ave, Lansing, MI 489 06 Phone : ( 5 17 ) 51 2-8364 Fax : (517 ) 253-0908 6 1-79- Huron Wellness & Solutions March Amended Marihuana Waste Plan Disposal Plan for Product Destruction and Waste Management Huron Wellness & Solutions LLC (HURON WELLNESS) will implement the system of controls outlined in this document to prevent unused marihuana or marihuana derivatives and waste from leaving HURON WELLNESS's facility, to protect the public and animals from encountering or ingesting unused, expired, unusable, or contaminated marihuana product, by- products, or waste. HURON WELLNESS will record all marihuana product that is rendered for waste in MJ Freeway, our selected 3rd party METRC integrat ion . METRC is Michigan's statewide seed-to-sale monitoring system. Once available, we may change to one of the approved third-party METRC integrations. All logs and disposal records have a secondary cloud backup, which is available on demand. HURON WELLNESS will not sell marihuana waste, marihuana products that are marked to be destroyed, or ma rihuana 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 tQ 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 HURON WELLNESS's faciUty. HURON WELLNESS 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 HURON WELLNESS'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. 11Pag e -80- Disposal/Destruction of Waste Product Protocol 1-luron Wellness & Solutions March Amended Marihuana Waste Plan Upon receipt of the unused, expired, or otherwise unusable medical marihuana product(s) or byproduct(s), HURON WELLNESS 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 HURON WELLNESS 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. 2jPage -81 - Huron 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 HURON WELLNESS 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 HURON WELLNESS'S procedures outlined herein comply with all applicable state and local laws and regulations and will be amended as necessary. Maribuana 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 HURON WELLNESS 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 HURON WELLNESS; The third-party transporter will record the time waste materials were picked up from the HURON WELLNESS facility on the Transportation Event Log; Any vehicle accidents will be reported by the transporting team to the HURON WELLNESS Manager or unit Manager immediately; Any loss or theft of medical marihuana products will be reported by the transporting security officer immediately to the HURON WELLNESS Manager or unit Manager; Any Manager receiving a loss or theft report from a transporting security company will notify a Manager immediately, and the HURON WELLNESS Manager will report the occurrence to the appropriate law enforcement agency and the Department immediately; and A HURON WELLNESS Manager will ensure transportation records are maintained in accordance with regulations and provided to the Department, upon request. 3j Page -82- Huron Wellness & Solutions March Amended Marihuana Waste Plan Waste Record Keeping All plants and products are tracked within HURON WELLNESS'S approved METRC integrated inventory. The HURON WELLNESS 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, HURON WELLNESS 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 HURON WELLNESS to collect all inventories within the system in a centralized location for destruction. Manually Entering Waste Disposal to METRC Procedures In the event HURON WELLNESSs selected seed to sale METRC approved third party software is not working or HURON WELLNESS decides to use a different software, the HURON WELLNESS 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: 1. Select the product you want to report as waste 2. Click the "Repo1t Waste'' tab at the top of the screen 3. Enter the required information in the Pop-Up Screen i. Batch Information 11. Weight of Product Reported as Waste 111. Date Product is being Repo1ted as Waste 1v. Unit of Measurement for the Product Weight v. Select the "Report Waste" Button at the bottom of the pop-up screen. 4 I Page -83- Procedures for Cleaning Marihuana Waste Bins ~ . .. I. Weru· 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 min utes to dry; 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 are~ 7. Remove personal protective equipment; and 8. Perform hand hygiene. SIPag e -84- Biehler, Deb From: Sent: To: Subject: Attachments: James Bennett, C.B.O. Bennett, Jim Tuesday, April 10, 2018 6:15 PM Jackson, Brian; Biehler, Deb Huron Wellness 3812 S MLK Huron Wellness and Solutions -3812 S MLK Waste Plan Denial App.pdf Building Official -Bui/ding Safety Office Manager Department of Economic Development and Planning 316 N Capitol Ave., Suite C-1 I Lansing, Ml 48933 O: 517-483-4155 I C: 517-230-9299 I E: jim.bennett@lansingmi.gov Website I Facebook I Twitter I lnstagram Building Safety Office Customer Service Counter Hours Monday through Friday 8:00 AM to 4:30PM -85- Marihuana Dispensary Waste and Disposal Plan Disapproval Huron Wellness and Solutions-3812 S MLK The resubmitted waste plan is deficient in the following ways. • The plan lacks specific procedure or process of rendering the marihuana product unusabl e 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 -86 ~ stamP.s. endicta Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5116 9900 0771 8499 55 Priority Mail 2-0AY wflh USPS TRACKING #• 8ectronlc Ser\iice Fee: $0.000 Total Postage and Fees: S0.35 Weight 1 oz Print Dale: 05/'11/2018 Mailing Date: 0511112() 18 From: Chris Swope Lansing City Clerk's Office 124 W Michigan Ave Floor 9 Lansing Ml 48933 To: Huron V\fellness & Solutions LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS Postmark Here 'R~ar Priority Mal 2-00.Y s..i<» post.a111 nitss WY-riw.1.s no fee lor Oe4i•81Y Ccnllmlallca"' S8Mce on Priority Mal' ~.s with use or U.s tlectroric shipping lebel. P-051mar\tnMJ.tred if IH re.fin! requgsted. Oelive<)' inklrme!WI is not ..,.;1ab!e bV pho"" tot the atoctrnnlc Ojltron. Instructions: 1. Adhere shipping label to package with tape ex-glue -00 NOT TAPE OVER BARCOOE. Be sure all edges are secured. Self.adhesive label is recanmencled. 2. Place the label so It does not wrap around the edge of the package. 3. This pacltage may be deposited in any cdleclion box, handed to your mail carrier, or presented to a clefk a:t yoor local Post Office. 4. Each conlitmaUon number is unique and can be used only once • DO NOT PHOTOCOPY. 5. You must mall this package oo lhe "mall date~ that Is specified on this label. I ~ I May 11 1 2018 Huron Wellness & Solutions, LLC 3334 Rochester Road #165 Troy, Michigan 48083 Dear Provisioning Center 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 3812 S Martin Luther King 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, CMMC 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 51 7-483-4131 51 .., "..,"'-0068 FAX www.lansingmi.gov/clerk c-88-Hk@lanslngmi.gov 1-Iilary M. Barnard Attornl!y at Law In Re: CITY OF LANSING HEARING OFFICER DECISION RECOMMENDATION Huron Wellness & Solutions, LLC Provisioning Center License Denial Appeal 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 HURON WELLNESS & SOLUTIONS, LLC its license for a Medical Marihuana Provisioning Center should remain denied. FACTS HURON WELLNESS & SOLUTIONS, LLC ("Appellant") submitted an application to the City of Lansing to operate a Medical Marihuana Provisioning Center within the city limits. This recommendation follows an appeal remitted to the City of Lansing by letter dated March 28, 2018, received by the City on March 29; 2018. On or about February 7, 2018, Appellant was sent a letter indicating that its provisioning center business license application was recommended denial by the Building Safety Department. In this letter and accompanying document dated February 5, 2018, the City indicated a lack of compliance with provisions in the State of Michigan Emergency Rules promulgated pursuant to the Medical Marihuana Faculties Licensing Act (MMFLA), 2016 P.A. 28 l (as amended). Specifically, the letter cited that Appellant was not in compliance with Emergency Ru les 8(2)(b)-(c), and Emergency Rule 36. In this letter, Appellant was instructed to resubmit its application materials or otherwise address the application deficiency within ten days of the letter. On February 20, 2018, titled Statement of Corl'ection, the City received additional materials regarding Appellant's Waste sanitation plan. The materials included a response to deficiencies as to Emergency Rule 8 and Emergency Rule 36. Appellant described standard operating procedures for storage and handling of chemicals, accidents/chemical spills, an emergency situation policy; the Michigan DEQ guidance document on waste disposal, a five-page template document on marihuana disposal with Appellant's name and information, 1 and a sufficient print out of statutory provisions from the Natural Resources and Environmental Protection Act, 1994 P.A. 451. Appellant described a plan for product destruction and waste management in its 5 (five) pages. 1 Templates are available on the intemet for various costs related to ma1ihuana disposal plans. These disposal plans' depth and description depend on the vendor. See e.g.. CULTJVAT!ON CONSULTING, Cannabis Waste Management Plan Template: $497. 00, https://www.marij uanapropagation.com/store/pl 8/Cannabis Waste Management Plan Template.html (last accessed May 9, 2018). It is unclear as to the source of the plan Appellant used, but the ~aste management plan document bears remarkable similarity to documents available on the internet for this purpose. Page 1 of5 -89- Hilary M Barnard Atlor11cy at Law The proposed plan includes using on-site vessels to collect marihuana product/debris/waste rendered unusable by combining it with other waste products and soil. By correspondence dated March I 0, 2018, Building Safety recommended conditional approval on Appellant's building plan review, clarifying that operation should not occur' until Appellant received its final certificate of occupancy. Building Safety also recommended denial as to the waste/sanitation plan provided and that it lacked sufficient detail to determine compliance with Emergency Rule 36. By letter date March 15, 2018, Appellant received a denial letter from the City of Lansing. With this denial letter and accompanying materials. In the letter, the reason for denial given is that Appellant's waste disposal plan is insufficient to demonstrate compliance with relevant law. With this denial Appellant was informed that an appeal could be submitted as to the application denial within 14 days. No further documentation was provided to Hearing Officer for review in this matter. PRELIMINARY ISSUE A preliminary review of this appeal file requires addressing the timeliness of Appellant's submissions. In the letter provided by the City of Lansing, Appellant had 10 days to address the deficiency in this document. The City did not specify as to the definition of "day." A calendar count of day would have time barred Appellant's submissions as of February 17, 2018, making the February 20, 2018 submissions untimely. Pursuant to Michigan Com pi led Laws, a definition is provided for business day as a day other than a Saturday, Sunday, or any legal holiday.2 Using this statutory definition, Appellant's date for CW'ing its application deficiencies would be February 21, 2018. Thus, this Hearing Officer is considering the submissions timely. APPLICABLE LAW & REASONING The issue is whether Appellant's application for a Provisioning Center License for the City of Lansing was erroneously denied. Under the City of Lansing Ordinance No. 1217 Section 1300.9(k): Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law. (emphasis added). The ordinance further incorporates provisions and definitions of the MMFLA so as to 2 See e.g, MCL § 333.20173b(3); MCL § 400. 734c(3). Page 2 of5 -90- Hilary M. Barnard Attorney at Law "not limit an individual's or entity's rights under the [Michigan Medical Marihuana Act (MMMA)], MMA or the [Michigan Tracking Act (MTA)]" and drafters intended that "these acts supersede [the] ordinance where there is a conflict.''3 A city applicant must also be in compliance with the MMFLA .4 Pursuant to Emergency Rule 36, as promulgated pursuant to the MMFLA: (1) Marihuana product that is to be destroyed or is considered waste must be rendered into an unusable arid unrecognizable form and recorded in the statewide monitoring system .. . (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. (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. 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 made efforts to cure deficiencies in its initial provisioning center application. While the city 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. 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 MM:FLA. Here, the City of Lansing issued a cease operations notification which would indicate Appellant's temporary operation is not authorized thus making Appellant noncom pliant with Emergency Rule l 9. Thus, temporary operation should not have continued. In Appellant's 5-page document addressing waste disposal, 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 3 City of Lansing, Michigan Ordinance No. 1217 Sec. I 300.2(C). 4 Id. at Sec. I 300.2(D). Page 3 ofS -91- Hilary M. Barnard Attorn~y at Law 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 Lansing Ordinance states "Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it." Under the documents Appellant submitted, there is not enough detail to determine if this requirement can be met. 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 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." Here, Appellant has not provided detail as to who and how things will be completed. Merely stating the law is not demonstrative of an applicant's business plans. The broad, statements included in the 5·page document indicate that Appellant can research a waste management plan, but that detail and execution are still to be determined.5 Indicating that waste will be tracked in METRC and that Appellant will comply with METRC tracking requirements is again stating the requirements and stating the law. Pursuant to MCL § 333,27407(1 ), '1[i]f an applicant or licensee fails to comply with this act or rules, if a licensee fails to comply with the marihuana tracking act . . . the board may deny, suspend, revoke, or restrict a license." Thus, compliance with the tracking act and use of METRC is a nonissue. The functions of f\..IBTRC are a matter of community knowledge and available on training videos, this again is not a plan from Appellant. Rather, this is a statement of the regulatory compliance system and how to use it. The inclusion of the Michigan Environmental Protection Act, a guidance document from the DEQ, and a print out of the Emergency Rule provisions is not a plan. On the Emergency Rule 8 issue, Building Safety recommended conditional approval. It is the waste management plan that Appellant remains deficient on. Guidance documents are not plans of the appellant, nor are statutory provisions. Thus, Appellanfs appeal materials which merely state relevant law and lack business specificity are insufficient to merit application approval. s Appellant states that "[t]he Managers are responsible for oversight of all inventory management activities .. ,", but instead of indicating how the oversight will occur, Appellant continues with the stock-document language. Stock document language lacks specificity and explanation ofa unique business's plan and methods for regulatory compliance. Page 4 of5 -92- HilarJJ M. Bar11ard Att~m1ey at Law CONCLUSION For the foregoing reasons, it is recommended that Appellant's application for a provisioning center license remain denied. Page 5 ofS -93 - Respectfully Submitted, THE COVERT LAW FIRMt PLLC June 71 2018 Via Hand Dellve!"'l Appellant: Huron Wellness & Solutions, LLC 3812 S. MLK Lansing, Ml 48910 Attorney for Appellant: The Covert Law Firm, PLLC 1129 N. Washington Ave. Lansing, Ml 48906 Appellee: Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, Ml 48933 j'-. .. r_;. -·· c .. _..• ' ('":? ,--..., ::.-.:; . .. ........ 1'-.!I c::"'J ':.".:;J ~ ;; -·; I _, 11 I'.) . . (,,;> --.l RE: Appeal of Denial of Application to Operate a Medical Marihuana Provisioning Center for failure to submit a sufficient Waste Disposal Plan. This letter serves as notice and submission of appeal for Huron Wellness & Solutions, LLC (hereinafter ''Huron Wellness") 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"). Huron Wellness brings this action pursuant to Chapter 1300.lS(c) of the code. Summary In its paper appeal filed on March 29, 2018, Huron Wellness 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 Huron Wellness which stated that Huron Wellness' waste disposal plan was not compliant with "Lansing laws." The inftfal deficiency notice provided to Huron Wellness on February 5, 2018, stated that the waste dlsposal plan did not comply with Emergency Rule 36. 2. The amended as well as the original waste disposal plan submitted by Huron Wellness complies with Ch.1300 and Emergency Rule 36. Ch.1300.15(6)(18) 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 1129 North Washington Av e, Lansing, MI 48906 ( 517 ) 512-8 364 -94- ::.·c; ~--·; ' I r:-J fll -.··:--.. !I"! .--'~·· .... - THE COVERT LAW FIRM, PLLC indicate how marlhuana waste will be disposed, and (3) how marihuana will be rendered unusable. Huron Wellness' waste disposal plan sufficiently addresses each criterion. 3. The determination to deny Huron Wellness' 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(bHd). Factual Background Application for licensure by Huron 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, Huron Wellness was advised that their submitted application to operate a medical rnarlhuana 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, Huron Wellness submitted their revised documentation, including a Statement of Correction, within the required lO·day 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 de monstrate com pliance with the City of Lansing Ordinances and State of Michigan law." On March 29, 2018, Huron Wellness filed an appeal with the Lansing City Clerk's office. On May 2, 2018, the City of Lansing se nt correspondence to Huron Wellness which indicated that its appeal had been denied. Hearing Officer Analysis and Recommendation Chapter 1300.lS(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 <ippoint a hearing officer to hear and evaluate the appeal and make a recommend ation 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 mail ed 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." 1129 North Washington Ave , Lansing, MI 48906 (517) 512-8364 -95 - r· .. .) ,, :.;:_;. . . -C;:!I -· '--· :~ ... :-S.: ·= '=,-... I " -.! :c: ( ~) I ... f'\.) 1-·· . , ~--) ~I.) ·......J ~--i:-i ' ! ' ! ...---\.,. .; !~Ii _. ... r-·.-r c:::~ THE COVERT LAW FIRM, PLLC Initially, it should be noted that Hearing Officer Barnard cites to Emergency Rule 19, which regu lates an applicant who is temporarily operating under the framework of the Marihuana Facilities and Licensing Act. Said rule authorizes the temporary operation of a facility pending approval or denial of an application with certain conditions, including but not limited to municipal approval pursuant to the execution and submission of Attestation E. Huron Wellness did not at any time commence operation and has not submitted nor received an Attestation E from the City of Lansing. On Page 3 of Hearing Officer Barnard's report, Emergency Rule 19 is inserted, and the analysis below follows: "Addressing the cease and desist, per Emergency Rule 19, a munlclpallty must authorize the temporary operation of the applicant ... Here, the City of Lansing issued a cease operations notification which would indicate Appellant's temporary operation is not authorized thus making Appellant noncompllant with Emergency Rule 19. Thus, temporary operation should not have continued." Although Appellant understands that templates are often utilized in an administrative setting, such erroneous disregard is cause for concern as to the time and attention afforded to this particular appeal. Hearing officer Barnard goes on to address the actual underlying issue on appeal, the alleged Insufficiency of the waste dlsposal plan pursuant to Emergency Rule 36 and Chapter 1300.5(18) of the Lansing Code of Ordinances. The report and recommendation, beginning with the last paragraph on page 3, discusses the five-page, revised waste disposal plan. "In Appellant's 5-page document addressing waste disposal, 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 solid or liquid disposal, but it does state the result waste material will be "at least 50% non-cannabis waste by volume." Lacking in this plan are sign ificant details as to how things wlll 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." Neither Emergency Rule 36 nor Chapter 1300 require the applicant to detail the method of combination, whether it be manual, mechanical, or automated. The report and recommendation further states that there is not enough detail to ascertain whether the requirement to prevent access of marlhuana waste by any person who may not lawfully possess it is met. "The Lansing Ordinance states "Disposal of medical marihuana shall be accomplishee.'.~ in a manner that prevents its acquisition by any person who may not lawfully possess: It." Under the documents Appellant submitted, there is not enough detall to !. -' (") determine If this requ irement can be met." 1129 North Washing ton Ave , La nsing, MI 48906 ( 517 ) 5 1 2-8364 -96- ,,_, c::.i L!.':, : .. :: >.--: I -.....1 :::r.;i -~ ~y <:.,.) -.J ,.,-' i i i-! ~--...... .... ' :t·1 ---._ fT ! i:.-:: THE COVERT LAW FIRM, PLLC Substantive Law !'-· :'-:l •:=-.: Iii "'") C..-_) Emergency Rule 36 of the Michigan Department of Licensing and Regulatory Affairs controls Ma;ih:uanat Product Destruction and Waste and tet1ulres the following: l . 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 Huron Wellness addresses and meets these requirements (See page 2 of 5-page Amended Waste Plan. See also page 13, 21 of Huron Wellness 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 Huron We llness addresses and meets these requirements. (See page 1, 2 of 5-page Amended Waste Plan. See also page 14,21 of Huron Wellness Polley Manual) 3. A licensee shall manage all waste that is hazardous waste pursuant to part 111of1994 PA 451, MCL 324.11101 -324.90106. Review of the materials submitted by Huron Wellness addresses and meets these requirements. (See page 3,4 of 5-page Amended Waste Plan . See also page 14, 21 of Huron Wellness Policy Manual) 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. Review of the materials submitted by Huron Wellness addresses and meets these requirements. See page 1 of 5-page Amended Waste Plan. See also page 13, 21 of Huron Wellness Polley Manual. Chapter 1300 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: 1129 No r th Washington Ave, La nsing, MI 48906 (517} 512-8364 -97- THE COVERT LAW FIRM, PLLC 1. Must protect from ingestion of Marihuana by animals or people; 2. Must indicate how Marihuana waste will be disposed of; and 3. Must indicate how Marihuana waste will be rendered unusable 4. Must prevent access by any person who may not lawfully possess it Chapter 7(f) on Page 24 of the Original Business I Facility Plan submitted by Huron Wellness indicates that it will comply with all other applicable state and local building code requirements intended for storage, sanitation, and safety. This statement incorporates by reference the content contained within the Emergency Rules and Chapter 1300 of the Lansing Code of Ordinances. 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 Huron Wellness to comply with Chapter 1300, 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 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 Huron Wellness at all times complies with the Rules and Ch . 1300. 2. Policies and Procedures: 0. Inventory Control -3. Disposal of Unusable Medical Marlhuana: 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 biodegradatlon, 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 MJ Freeway. 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 and ambiguous at best. LARA has not provided clear guidance regarding preferred or required methods to render waste product unusable and unrecognizable. ~ ·'-J ... C~> - .::; \'...;) ;;:~ : .. -._; 1129 North Wash i ngton Ave, Lansi ng, MI 48906 (517 ) 512-8364 -98 - .. ·- ' ,l ..... r r,"',; I "" ,~. I . . , .... , .. r ' i ·-·. ~ _, -.1 ! :1 " •'!.~ -r-,-: l'v ,..._., ' . c_.~ --.J THE COVERT LAW FIRM, PLLC Hearing Officer Barnard also decides to touch on Appellant's Inclusion of compliance with METRC within their waste disposal plan. Although a non-issue, the Hearing Officer does state that "The functions of METRC are a matter of community knowledge and available on training videos ... " It should be noted that the availability of METRC training is sparse without the necessary credentials, including a license Cit'l qerk Determination Under Chapter 1300,03(e), the review by the Commission on appeal of a decision by the City Clerk "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 ." In this case, the decision to deny the Appellant's appeal was arbitrary and capricious. For P~!J~oses of ; r'"' this subsection, Huron Wellness & Solutions will be considered Appellant 1. Company, L~f:::wilEbe considered Appellant 2. Appellant 2 -· • C;) (_{) ' . c .• ·--: .., ~.l.: On March 15, 2018, Appellant 2 was issued a denial of application from the Lansing City Cle~:s Oft~e for faflure to comply with Emergency Rule 36 and 11Lansing Laws''. Appellant 2 timely filed th~}~ app~al :: :; :......) 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 portion(s) of the Hearing Officer determination is as follows: 11ln 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, M ETRC. The MM FLA Emergency Rule 36 uses compu lsory language stating ''A licensee shall dispose of marihuana product waste in a secured waste receptacle using 1 or more of the 1129 North Washington Ave , Lan s ing, MI 48906 ( 517) 512-8364 -99- C J rn THE COVERT LAW FIRM, PLLC 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.n 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 met the requirements of (c)." Ap_pellant 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 11, 2018, Appellant 1 received correspondence from the City Clerk's office containing the analysis and determination of the assigned Hearing Officer, Hilary M. Barnard. Ultimately, Appellant 1 was not successful in their appeal. The pertinent portlon(s) of the Hearing Officer determination with regard to Emergency Rule 36 and the corresponding Lansing ordinance is as follows: "In Appellant's 5-pgae document addressing waste disposal, 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 disposa l, but it does state the result material will be "at least 50% non-cannabis waste by voluh'le." 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 Lansing Ordinance states ''Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess It." Under the documents Appellant submitted, there is not enough detail to determine If this requirement can be met." Interestingly, Appellant 1 submitted a mirror image 5-page document addressing waste disposal as Appellant 2. Therefore, Hearing Officer Barnard arrived at different conclusions in reviewing the exact same document. The Lansing City Clerk went on to approve the appeal for Appellant 2 and deny the Appeal for Appellant 1. Because the underlying issue on each appeal were identical, and the 5-page Amended Waste Disposal Plan was identical, the City Clerk's determination to reach a different conclusion as to Appellant 1 was arbitrary and capricious. 1129 North Washi ngton Ave , Lans ing , MI 48906 (517 ) 512-8364 -100 - -. - (' (t t •· . ·' l r :1 :--;•; c....:i ..__,J ;·, ! •:;-) ;-·. ' JI 1 "4"(°. -...... ,........ .. .. ' ' . :·-, '-· THE COVERT LAW FIRM, PLLC Conclusion The Application and appeal documentation submitted by Huron Wellness complies with the Emergency Rules and Ch apter 1300 of the Lansing Code of Ordinances. It is clear that the decision to deny their appeal was arbitrary and capricious and must be overturned. Respectfully, Nickolas G. Calkins 1129 No rth Washington Ave, Lansing, MI 48906 (51 7) 512-8364 -101- " .. . -•• :-"1 o','l ::::·.r .-·~ 1,.: -· .. • . ., C J r rn -· j ~--- r·-.!• •.!.....) ~!:.t C--L.: 1 -.J -~ " -· ft:J .. (_._) ' -· -... , I i·q C) 1-n ~· .... _ 1---1 •I : :..-...'! \..,_.J Timeline Superior Wellness and Solutions LLC 5716 S Pennsylvania Ave Suite B Lansing, Ml 48910 December 15, 20117 -Application submitted with Sanitation & Waste Disposal ... 1 December 21, 2017 -Department Review of Application Begins February 3, 2018 -Building Safety Denial -Sanitation & Waste Disposal Plan ....... 8 February 5, 2018 -Denial Letter sent from the Office of the Clerk ............................ 9 February 13, 2018-Updated document submitted ................................................... 11 March 10, 2018 -Building Safety denial of submitted correction ............................ 54 March 15, 2018 -Second denial Letter sent from the Office of the Clerk .............. 55 March 28, 2018 -Appeal submitted ............................................................................. 58 April 10, 2018 -Building Safety denial explanation .................................................... 69 April 19, 2018 -Appeal to Hearing Officer May 2, 2018 -Hearing Officer Decision Denial letter ................................................. 71 May 31, 2018-Commission Appeal submitted .......................................................... 75 7 grams (Y4 oz) 14 grams (Yi 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 • If not 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 telephone by anotlter Agent. I/the Agent cannot run tlte Michigan Department of LARA system, YOU CANNOT COMPLETE THE TRANSACT/ON. If another Agent records the transaction in Michigan Department of LARA on your beltalf, you 'ii be required to note tltis on the respective trip plan. 7. Sanitation Plan, Proper Storage and Safety in the Facili(i• -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 tloors, 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 23SWS -1- 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 ilness, open lesion, including boils, sores or infected wounds, or any other abnormal 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. (t) A grower/processor/provisioner shall comply with all other applicable State and local building code requirements intended for storage, sanitation, and safety. 24SWS -2- 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 transpo1ter 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 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, 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 qualitying patient: name, address, and date of birth of the primary caregiver, if any. of the qualifying 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 primary caregiver or the qualifying patient will be allowed under state law to possess the marijuana plants (dete1mined based solely on the qualifying patient's preference). 25SWS -3- and with verification of State's electronic system, and only after being checked-into the facilities patient management system and verifying that the patient is eligible to purchase marijuana and has not exceeded his/her patient allotment by LARA's system . ../ Label storage areas according to the type of chemical family or hazard classification found there . ../All storage, processing, breaking down of product, will be done in a separate room out-side of public view and the dispensing floor . ../ Inspect storage areas at least annually, as required by OSHA. ../ Keep aisles, hallways, doorways, exits, and entryways clear . ../ Keep storage areas well lit, appropriately ventilated, and at a consistent, cool temperature . ../All storage areas will be properly ventilated and air-filtered to the highest degree ../ Eliminate ignition sources such as open flames, heat sources, or direct sunlight. ../ Keep emergency equipment such as fire extinguishers handy and in good working order. ../ Confine chemical storage areas so that leaks or spills are controlled. Prevent chemicals from running down sink, floor, or storm water drains. Clean up spills and drips immediately. Ventilation Policies -1300.9(1) The facility shall not operate in a manner creating noise, dust, vibration, glare, fumes or odors detectable to normal senses beyond the boundaries of the property on which the Provisioning Center is operated or any other nuisance that hinders the public health, safety and welfare of the residents of the City of Lansing. Exhaust fans will be installed that will provide a minimum of 10 air changes an hour. The exhaust system shall have a means of replacing the exhausted air with makeup air. Either interlocked mechanically or negative pressure natural ventilation. Calculations will be required on the plans to show that the exhaust system will be creating a negative pressure in the business so as to draw in fresh ventilation air. A note will be added to the plans stating that an air balance report will be required to show compliance with the approved plans. The complete report, including a statement of compliance on company letterhead from the entity designated by the design engineer shall include a wet-stamp and wet signature. The inlet of each exhaust will have a carbon filter installed. The filters will have a replacement schedule of monthly. Owner/Operator shall maintain written service records and provide them to the Authority Having Jurisdiction (AH.I) upon request. Each exhaust fan will be independently ducted out through the roof of the business. STORAGE & HANDLING OF CHEMICALS POLICY Policy Statement: To ensure that the workplace is safe for staff, visitors, and patients by 26SWS -4- 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 ce11ain 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 I I 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 burn the skin and seriously damage the eyes. Dishwasher detergent is a corrosive and hazardous chemical. Stove cleaner is highly toxic. -5- 27SWS 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 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 trashcan 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. 28SWS -6- • 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 Superior Wellness and 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 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. -7- 29SWS Name of Establishment · 1 Establishment OBA (If Known) SUPERIOR WELLNESS AND SOLUTIONS LLC Establishment Address City State 5716 S PENNSYLVANIA AVE, STE B Lansing Ml Medical Marihu~na Provisioning Center Application OFFICAL USE ONLY February 3, 2018 CONDITIONAL 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 with the Michigan Building, Electrical, Mechanical, and Plumbing Codes. Per Emergency Rule 26 (3) the facility shall not operate until the final Certificate of Occupancy has been issued by the Building Safety Office. Please note that the construction drawings submitted for plan review must contain all of the elements necessa1:y to demonstrate compliance with Emergency Rule 8. 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.0. Building Safety Office Department of Economic Development and Planning Page 1of1 -&-. . ,'\ '• I ;:. .-·. ( . stamps endicia Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0595 2784 95 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 0210512016 Mailing Date: 02/0512016 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 LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS Postmark Here "Reguar Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confinnation"' service on Priority Mail services with use or this electronic shipping label. Postmarl< reqlired ii fee refund requested. Delivery infonnation 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. -~- February 5, 2018 Superior Wellness and Solutions LLC 3334 Rochester Rd #165 Troy, Ml 48083 RE: 5716 S Pennsylvania Ave, Ste B 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 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. Michin~ri Ave., Lansing, Ml 48933-1695 517-483-4131 $-10-377-0068 FAX ww.lansingmi.gov/clerK $ clerk@lansingmi.gov Superior Wellness and Solutions, LLC Gary Nakkash Waste Disposal Plan: Emergency Rule 36 (City Codified Ordinances -No. 01-18) 5716 S Pennsylvania Ave. Ste B Lansing, Ml 48911 02.13.18 -11- STATEMENT OF CORRECTION Superior Wellness and Solutions, LLC 5716 S Pennsylvania Ave. Ste. B Lansing, Ml 48911 Chris Swope, Master Municipal Clerk Lansing City Clerk RE: February 5th, 2018 • Waste Disposal Plan per Emergency Rule 36 Statement of Correction Waste Disposal Plan per Emergency Rule 36 Rule 36. Marihuana product destruction and waste management. Date Corrected: 02/07/2018 Superior Wellness and 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". Superior Wellness and Solutions corrected this by adding Superior Wellness and Solutions Waste, Chemical & Plant Waste Disposal Plan in addition to amending its Policies and Procedures: D. Inventory Control 333.27207 Third-Party Inventory Control and Tracking System -3. Disposal of Unusable iHedical Marijuana (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, amended Policies and Procedures, Act 451 Part 111 and training requirements. (Enclosure/Attachment: Superior Wellness and Solutions Waste, Chemical & Plant Waste Disposal Plan) (Enclosure/Attachment: Superior Wellness and Solutions pages 21-22 of Policies and Procedures detailing Waste Disposal Plan) (Enclosure/Attachment: Superior Wellness and 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) -12- Superior Wellness and Solutions Waste, Chemical & Plant Waste Disposal Plan The waste disposal and chemical disposal and plant waste disposal plan for Superior Wellness and 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. Disposal <~l lfnusable Metficu/ .tlarijuana (JuventmJ' Control Relative Detail,\) Documentation of the disposa I of medical marihuana will be record0d in the statewitk monitoring system ''fVIETRC" and recorded within the Compani0s Seed-to-Sale software ''l\:lJFreeway" as \NCI I 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 L1f111arihuam1 product waste in a secured waste receptacle using J or more of the following: )); and (a) A manned and permitted solid waste landfill. (h) A manned compostable materials operation or facility. (c) An in-\·0ssd digester (only at the grow facility.) (d) Jn a manner in compliance with applic~1ble 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 Gram Tracker™ is tied to a specific user with permission to perform that function. -13- As per th e City of Lansing Onlinancc 1217: 1300.9(K) ***Disposal ofMarihuana 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 cmcrgrncy rules thal arc provided from LARA as lhe 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. ;'*Arv!ENDED 02!07!~018 PER RFI w i\STE DISPOSAL PLAN PER EfVIERGENC'Y RULE J(iH As Per LMZA 's EMERGENCY RULE 36 All medical niarihm1m1 and relaicd product that contains marijuana that is rcturne.d, trimmed, contrnninate.d or otherwise required to be destroyed or disposed of (i.e. co11trnni11atiP1L etc.) shall be done in <1ccordance with the BMMR LARA ·s Emergency Rule 36. ·' M,1ri!n1<1na prod11ci d<!struciion and imste 111anagem<!11/ .• , ( 1) Marihuana product that is 10 be destroyed or is considered waste must be rendered into an unusable. and unrecognizabll? form and recorded in the statewide monitoring system . (2) The focility shall not sel l marihuana waste or marihuana products that are to be destroyed, or that the depart ment orders destroyed. (See pg 15 . D. Inventory Control 333.27207 Third-Party Inventory Control and Tracking System: I. I nventtiry Co ntrol System: ( l) Liatch Rec al Is) (3) The facility shall manage all waste that is hazardous waste pursuant to part 111 of 1994 PA 451, MCL 324. I 11 0 l TO 324.90 I 06. ALL HAZARDOUS WASTE WILL Fl E TREATED AND DISPOSED OF IN COMPUANCE WITH Michigan Cornpikd Lmvs MCL NATURAL RESOURCES AND ENVJRONMENTAL PROTECTION ACT. ACT 451of 19Q4. PART 11 l. HAZARDOUS WASTE MANAGEMENT. Sec Attached: (1) Personnel Training Requirements flir Fully Regulated Generators of Hazardous Waste (2) Copy of Act 451 of 1994 Part 111 l\:ICL324. I I I 0 l Hazardous Waste Management. (~I) The facility shall dispose of111arihua11a product wnstc in a secured waste receptacle using I or more of the followin g: (a) A manned and permitted solid waste landfill. (b) A manned compostable materinls operation or facility . (c) An in-vessel digester (only at a grow facility.) (d) Jn a manner in complian ce with applicable state and local la>vs and regulations. (5) Wastewater generated during the cultivation of marihuana and processi ng of marihuana products shall be disposed of in compliance with applicable state and local laws and regulations -14- See Standard Operations Procedures Pg 3. Chemicals Superior Wellness and 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 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 ST ART: 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 -15- 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. lt 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 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 burn 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 -16- 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. -17- • 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 -18- 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. I 0. Call supervisor if not having done so already. -19 - 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. Superior Wellness and Solutions takes every measure to ensure your safety while inside the dispensary. As an employee of Superior Wellness and 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 Superior Wellness and Solutions Emergency Situations Policies and Procedures. Employee Name (print) Employee Signature Date This form will be added to your personal file. -20- Certified Laboratory Testing results that display at a minimum the Tetrahydrocannabinol (THC), 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 provisioning center patients/customers upon request and prominently displayed. 2. Procedures.for Testing Contamiua11ts -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 paity 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 Unusable Medical MarUuaua {Inventory Control Relatii'e Details) -1300. 9(K) Documentation of the disposa l of medi cal marihuana will be recorded in th e statewid e monitl)l'ing system "METRC' a11cl recordc-d within the Co mpanies Seed-to -Sale software "M.IFn::ew;1y" as wel l 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 ofmarihunna prllduct waste in a secured waste receptacle using I or more of the fo llL)wing: )); and (a) A manned and permitted so lid wask landfill . (b) A mm111ed compostable materials operati on or facility. (c) An in-vessel digester (only at the grow facil ity.) (d) In a manner in compl iance with applicable state and local laws and regulaiions. 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 lht• 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 01· emergency rules that arc provided from LARA as the program advances. 21 sws -21- 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. * ~ Af\:I F:NDED 02/07/20 IX PER RFl W1\STE DISPOSAL PLAN PER E\:IERCiENCY RlJL.E 36"* As Per L/\R/\'s EMERCiENCY RULE 36 All medical marihuana and related product that contains marijuana that is returned. trimmtxl. contain inatc.d or otherwise required to be destroye.J or dispose-d of' (i.e. contamination. etc.) shall be done in accordance with the BM!VIR LAH.i\"s Emergency Ruic 36. '' Afarifn;tma produci des/r11cf ion and waste management.,. (2) [Vlarihuana product that is to be destroyed or is considered waste must be rendered into an unusi1bk· and unrecogniza ble form and !'('.corded in the statewide monitoring system. Cll The focility shall nor sdl marihuana waste or marihua11a products that arc to be destroyed, orthat the department orders destroyed. (See pg 15. D. Inventory Control 333.27207 Third-Party Inventory Control and Tracking System: l. Inventory Control S.vslcm: (t) Batch Recalls) (4) The facility shall manage al I waste tha1 is hazardous waste pursuant to pari· l 11 of I 994 PA :151 , rvlCL 324.11 IOI TO 32·'.1.90106. ALL HAZARDOUS WASTE WILL BE TREATED AND DISPOSED OF IN COMPLIANCE WITH !Vlichigan Compiled Laws l'v!CL NAfURAL RESOURCES AND ENVIRONMENTr\l, PROTECTION ACT. ACT 451of1994. PART 11 I. H/\Zi\RDOUS WASTE MANAGEtvIENT. S(·e Attached: (I) Personnel Training Requirements for Fully Regulated Generators c1f Hazardous Waste (2) Copy of Act 451 of 1994 Part 111 i\:1CU24. I I IO I Hazardous Waste rvfanagement. (5) The facility shall dispose ofmarihuana product waste in a secured wask receptacle using I or more of the following: (a) A manried and permitted solid waste landfill. (b) A 1rnmm~d compostable materials operntit)n or facility. (c:) An in-vessel digcsier (only at the grow facility.) \d) 111 a manner in compliance with applicable state and local laws and regula1ions. ( 6) \Vaskwater generated dming th(' cultivation of marihuana and processing of marihuana producis shall be disposed of in compliance with applicabk stak and local laws and regulations 4. Designated facili(v 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 22 sws -22- liainso N;ime: Y..4eokol E;icli wook a now log will bo sbrtod. Packaging will bo nrquirod 10 nob.to aach and overy disposal on this form. P1ouo ~II in All bl:anks. Completed foom will bo rumad into your p:ackaging laad. ·o~te and Time For chpos:als over2B.1 grams an om:i~ 'Mlh All the below Information neltds lo be sent lo mjytidlc@gr:naitc:om on lho day of. .£!1t~n'~ Rtglt.~.tson IM ·oispen&ary R1gisntion IOI '6i~~-~~ R~gi~·~·tio~ 10.ii .. . ···:·~j~·~-~-~·.-~!~-~.~-0·!1 ~~·~ ....... . :Di!;pcnsary Rogiz;tration 104' ....... :·~-i_~~-~~·-.~-~-·~~~.ti.C~_-.i~~i( .... : ...... ,0i$.pen!'.1ry RogistralionlO# :oispens.:uy Registration 101 Dt~ons:uy Rogiz;tr:ition IOI ,Dispensary Registration 101 ~Oi5J>ensary Rogislr::ition IOI 'OiSPonsiry Regislnltion IOI ;01spens:aryRegistr:1tionlOf Dlspongry RoQ1str:iticm IOI :D1spens:uy Roglslr.:ltion 101 Pl11:1so do NOT use a Wrpiolmarkor to fift out this form · · · COO.P,eta Method of wMght MMJ Addreulfocaaon of Batch ~~~!41 .dis~~ dltpos.al A~dltl.~!f !~fo ~':'rnMtt~J Pack.a;.• 'DI .. ·:.~! .. ~~~ ·seob91ow .l .. • soo botow ··sea below ·•seebelow •i;.eobelow ·seobelow ·seebotow ·see below 0:.80 bolow •seo below •soobolow ··&eobotow ........ ~.!.~.i:!.~L~~ .. ~ .. ~~.!.!'~.~ .. ~~-.~~pl~!~.!~ .. ':~:-'~.. . . -23 - .... ls~.!~.~ .. ~~-~ .. ------.. .e?.!Z'----... NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of 1994 PART Ill HAZARDOUS WASTE MANAGEMENT 324.11101 Meanings of words and phrases. Sec. 1110 I. For the purposes of this part, the words and phrases defined in sections 11102 to 11104 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 the Waste Management Division to 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 324.11102 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 to 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 USC 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. History: 1994, Act 451, Eff. Mar. 30, 1995;-Am. 2010, Act 357, lmd. Eff. Dec. 22, 20!0. 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.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled L1ws. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11103 Definitions; G to 0. Sec. 11103. (I) "Generntion" 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, or 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, 201 B © Legislative Council, State of Michigan Page 1 -24- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.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 flow discharge, industrial discharge that is a point source subject to permits under section 402 or Litle 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 1954, chapter I 073, 68 Stat. 919. (4) "Hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, recycling, and disposal of hazardous waste. (5) "Landfill'' means a disposal facility or pmt 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 fomiation, a sail bed formation. or an underground mine or cave. (6) "L'lnd 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 desc1ibed 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 of a treatment, storage, or disposal facility. (I I) "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 burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources, or burns 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 properly 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 lhe owner controls and to which the public does not have access. History: 1994, Act 451, Eff. Mar. 30, 1995. Compiler's note: For transfer of authority, powers, duties, functions, and responsibilities of the Waslc Management Division to lhc Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled al MCL 324.99901 of the Michigan Compiled Laws. Popular name: Ac! 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11104 Definitions; 0 to V. Sec. 11104. (I) "Operator" means the person responsible for the overall operation of a disposal, treatment, Rendered Friday, February 2, 2016 © Legislative Council, State of Michigan Page2 -25- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.migov 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, 6911, 6912 to 6914a, 6915 to 6916, 6921 to 6939e, 6941, 6942 to 6949a, 6951to6956, 6961to6964, 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. l, 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 lhe Director of the Michigan Department of Environmental Quality. see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled L~ws. 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 stale 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 the Michigan Department of Environmental Quality, sec E.R.O. No. 1995-16, compiled MCL 324.99901 of the Michigan Compiled L~ws. Popular nume: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11105a 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 numc: Hazardous Waste Act Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 3 -26- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov Popular name: NREPA 324.11106 Municipal solid waste incinerator ash; regulation. Sec. 11106. The generation, transportation, treatment, storage, disposal, reuse, and recycling of municipal solid waste incinerator ash is regulated under part 115 , and not under this part. History: 1994, Act 451 , Eff. Mar. 30, 1995. Compiler's note: For transfer of authority. powers. duties, functions, and responsibilities of !he Waste Management Division lo !he 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 324.11107 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(1)(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. Act 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 or 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 324.11108 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 waste 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 1/2 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 lo section 11123 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 1/2 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 -27 - Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of wwwlegislature.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 at the expense of this state or the federal government. (d) Solidified hazardous waste produced by a solidification facility licensed pursuant to section 11123 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 11145 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 genernted 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, $10.00 per cubic yard, 4 cents per gallon, or 112 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. (JO) 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.migov -28- environmental pollution prevention fund created in section l 1130. Any balance in the waste reduction fund on October I, 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 I 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, 1998PA 138,MCL29.471 to29.480. (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;-Am. 2001. Act 165, lmd. Eff. Nov. 7, 2001 ;-Arn. 2011 , Act 150. Imd. Eff. Sept. 21. 2011;-Am.2013, Act 73, Eff. Oct. I. 2013. Popular name: Act 451 Popular name: Hazardous Waste Act Populur name: NREPA 324.11110 State hazardous waste management plan; preparation; contents; studies; incentives; criteria; notice; news release; public hearings; comments; amendments. Sec. 11110. (I) Not later than January I, 1990, 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 I 04(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 dete1mining 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 strategy 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 -29- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of wwi-v_ 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 stale, then the department shall identify incentives the stale could offer that would encourage the construction and operation of additional treatment or disposal facilities in the state that arc 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 major .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. ( 1) The department, with the advice of the director of public health, shall adopt or reject the updated plan within 60 days. (2) If lhe 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 451 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 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11114 Proposed rules to implement plan. Sec. 11114. Not more than 180 days after the final adoption of the updated plan, the department shall submit lo the legislature proposed rules to implement the updated plan created in section 11110. History: 1994, Act 451 , Eff. Mar. 30. 1995. 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 pait for a treatment, storage, or disposal facility until the department has made a determination that the action Rendered Friday, February 2, 201 B © Legislative Council, State of Michigan Page 7 -30- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy ofwww.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: Acl 451 Populur 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 I I !Sa. (l) Beginning on June 4, 1992, the owner or operator, or both, of a facility specified in this 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 contaminant 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 ( 1) 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, I 992, 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 299.9!01 et seq. of the Michigan Administrative Code. 324.1111 Sb Corrective actions; satisfaction of remedial action obligations. Sec. Ill 15b. Corrective actions conducted pursuant to this part satisfy a person's remedial action obligations under part 20 I 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 Pages -31- 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 pertained to requirements for applications for construction permits. 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. I 1I18a. (I) As used in this section, "multisource commercial hazardous waste disposal well" has the meaning ascribed to that term in section 62506a. (2) A multi source 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). (cl) 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 operating license, after the effective date of the 20 I 0 amendatory act that added this subsection. History: Add. 19%. Act 182, lmd. Eff. May 3, 1996;-Am. 2010, Act 357, lmd. Eff. Dec. 22, 2010. Populnr 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 department upon receipt of conslruclion 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 docs 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 pertained 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 permit, 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 Page 9 -32- Michigan Compiled Laws Complete Through PA 10 of 2018 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 preapplication 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. (f) 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. (j) 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 impoundment, 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 m 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 -33- Michigan Compiled Laws Complete Through PA 10 o1 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 10 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 pennits 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, 201 B © Legislative Council, State of Michigan Page 11 -34- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy ofwww.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 10 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. (I) 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 lo 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 Jaw, the department may deny an application for an operating license if there arc 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 -35- 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. (c) A determination of existing hydrogeological characteristics specified in a hydrogeological repo1t 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 fonnal 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 docs 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 I l 130. (j) 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 nonsuddcn 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 regulation 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 of the Rendered Friday, February 2, 201 B Page 12 Michigan Compiled Laws Complete Through PA 10 of 2018 © Legislative Council, State of Michigan Courtesy ofwww.legislature.mi.gov -36- materials. History: 1994, Act 451, Eff. Mar. 30, 1995;-Am. 2010, Act 357, lmd. Eff. Dec. 22. 2010;-Am. 2014, Act 254, lmd. Eff. June 30, 2014. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: N REPA 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. (I) 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 dcte1mine if the proposed treatment, storage, or disposal facility complies with this part, the rules promulgated under this part, and the stipulations included in lhe approved treatment, storage, or disposal facility operating license. An inspection report shall be filed 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, Act 451 , Eff. Mar. 30, 1995;-Am. 2010, Acl 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 lo 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 of 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 receiv.ed 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 I I I 23(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 after Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 13 -37- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov the department receives a 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 l 1123 changes or is supplemented after the filing of the statement, the applicant or licensee shall provide that information to 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 l I 123(2)(k)(ii) to (iv) was not disclosed as required in section I l 123(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 I I l 23(2)(n)(i). (b) A certification of construction as described in section l I 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 11 I 23(2)(n)(iii). (d) Information regarding any deviations from the specific conditions in the operating license. (e) Proof of financial responsibility. 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 324.11126 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. 7401 to 7431, 7470 to 7479, 7491to7492, 7501 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, 7641 to 7642, 7651 to 76510, 7661to766lf, and 7671 to 7671q; 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, 1311to1313, 1314 to 1326, 1328 to 1330, 1341 lo 1345 , 1361 to 1377, and 1381 to 1387; title XIV of the public health service act, chapter 373, 88 Stal. 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. 690 I 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.I 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. l. 1998. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA 324.11126a Fee schedule; report. Sec. I I I 26a. By September I, I 998, the department shall submit a report to the legislature that recommends a fee schedule to implement this part. History: Add. 1998, Act 139, Eff. Sept. I, 1998. Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 14 -38- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www legislature. mi.gov Popular name: Act 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 lhis 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 exempt 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 l 979 do not eliminate any exemption provided to any hazardous waste or to any treatment, storage, or disposal facility under administrative rules promulgated under fonner 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 Acl 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. 30, 1995. Popular name: Act 451 Popular name: Hazardous Waste Acr Popular name: N REPA Administrative rules: R 299.9101 cl seq. of the Michigan Administrative Code. 324.11128 Rules listing hazardous waste and other criteria; rev1s1on; 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 parl. 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 requirements 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 depa1tment 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 451 Popular name: Hazardous Waste Acl 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 -39- Michigan Compiled Laws Complete Through PA 1 o of 2018 Courtesy of www: legislature. 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) Excepl 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 15.23 l to 15.246. (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, 1976 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, pennit application, or other information considered confidential pursuant to subsection ( l ), 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. l I 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. 1, 1998:-Am. 2001. Act 165. lmd. Eff. Nov. 7, 2001: -Am. 2013, Act 73. Eff. Oct. 1, 2013. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 ct seq. of the Michigan Administrative Code. 324.11132 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 -40- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov Popular name: Hazardous Waste Act Popular name: NREPA 324.11132a Transporter; duties; inspection; establishment of standards and requirements by rule. Sec. 1 I I 32a. ( l) 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. (I) 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. U) 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. (l) 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: N REPA Administrative rules: R 299.9101 ct 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: 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 324.11134 Municipality or county; prohibited conduct. Sec. 11 I 34. 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 -41- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.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. 11135. (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 I, 2021 , a person required to 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 fonn 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 date 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 1 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 10 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 -42- 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 locale 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. 30, 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. Oct. I. 2013: -Am. 2014. Act 287. lmd. Eff. Sept. 2.'l, 2014;-Am. 2017, Act 90, lmd. Eff. July 12. 2017. Popular name: Act 45 l Popular name: Hazardous Waste Act Popular name: N REPA 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. (l) 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 Populor 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 trnnsporter 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. (cl) 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. Populur nnmc: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Arlministrative rules: R 299.9!01 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 Courtesy of www.legislature.m1~gov -43- 324.11138 Generator of hazardous waste; duties; records; report. Sec. I I 138. (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 transpo1t 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. (h) 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 -44- Michigan Compiled Laws Complete Through PA 1 o of 2018 Courtesy of wwwlegislature.mi.gov Popular name: Hazardous Waste Act Popular name: NREPA 324.11140 Closure and postclosure monitoring and maintenance plan; submission; contents; rules. Sec. 11140. (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. In 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, lmd. Eff. Dec. 22, 2010. Popular name: Act 451 Popular name: Hazardous Waste Act Popular name: NREPA Administrative rules: R 299.9101 et seq. of the Michigan Administrative Code. 324.11141 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, sball 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 the operating license application, and, with respect to a disposal facility, to monitor and maintain the site for a period of al 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 of operations. 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 et 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 within 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 expenditures 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 -45- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www. legislature.migov 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 lo 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 who has knowledge that an emergency situation exists shall notify the department 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. ( l) 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 100% of its reasonable costs as determined by the department based on criteria established by rule. The department shall promulgate rules for distri bu ti on of the appropriated funds. History: 1994, Act 451, Eff. Mar. 30, 1995. 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. 324.11146 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 -46- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.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 lo 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 600.470 I to 600.4709. 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 324.11147 Violation as misdemeanor; penalty; appearance ticket. Sec. 11147. A person who violates section I I 132a(l)(b) or (n) or who violates rules promulgated under section I I I 32a( 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 I I 132a(l)(b) or (n) or the rules promulgated under section I I I 32a( I )(b) or (n). History: 1994, Act 451, Eff. Mar. 30, 1995;-Am. 1998. Act 139, Eff. Sepl. I, 1998. Popular name: Act 45 I 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 I 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, 201 B © Legislative Council, State of Michigan Page 23 -47- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www.legislature.mi.gov administrative procedures act of 1969. 1969 PA 306, MCL 24.20 I to 24.328, if the department finds that a treatment, storage, 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 451 Popul"r 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 docs not have or has not maintained a suitable instrument or mechanism required under section 11141, 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 ( 1) 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 24.20 I 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 (l) for failing to maintain a suitable instrument or mechanism required under section 11141 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 -48- Michigan Compiled Laws Complete Through PA 1 O of 2016 Courtesy of www. legislature.migov 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. See. I I 151 . (I) 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 I 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 fine 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 fine 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 -49- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy ofwww.legis!ature.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 took 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 lo 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 to a fine, the attorney general may bring an action in a court of competent jurisdiction to 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 resulting 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. (I 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. Act 439. Eff. Mar. 23, 1999. Popular name: Act 45 l 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 the 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. 11153. (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 © Legislative Council, State of Michigan Page 26 -50- Michigan Compiled Laws Complete Through PA 10 of 2018 Courtesy of www legislature. mi.gov (2) Until October l, 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 IOO 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 to the department an annual handler user charge of $400.00. (iii) A generator who generates I ,000 kilograms or more of hazardous waste in any month during lhe calendar year and who generates 900,000 kilograms or more of hazardous waste during the calendar year shall pay lo the department an annual handler user charge of$ I ,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 I I 125 shall pay lo 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 info1mation 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, lmd. 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. lmd. 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, 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 Rendered Friday, February 2, 2018 © Legislative Council, State of Michigan Page 27 -51- Michigan Compiled Laws Complete Through PA 1 O al 2018 Courtesy of www legislature.migov 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 -52- 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 10 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 -53- Name of Eslablishmrmt I Establishment OBA (If Known) SUPERIOR WELLNESS AND SOLUTIONS LLC E:stablishment Address City State 5716 S PENNSYLVANIA AVE, STE 8 Lansing Ml Medical Marihi.Jana Provisioning Center Application OFFICAL USE ONLY March 10, 2018 REVISED DENIAL Sanitation and Waste Disposal Review: 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 -54- stamP.s. end1c1a Shipping Label Receipt Delivery Confirmation™ Service Number: 9405 5118 9956 0518 9290 39 Priority Mail 2-DAY with USPS TRACKING#* Electronic Service Fee: $0.000 Total Postage and Fees: $6.55 Weight: 1 oz Print Date: 03/1512018 Mailing Date:03/15/2018 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 LLC 3334 Rochester Rd 165 Troy Ml 48083-5426 USPS Postmar1< Here 'RegtJar Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confirmation"' service on Priority Meil services with use of this electronic shipping label. Postmar1< reqtired if fee refund requested. Delivery information Is not available by phone tor the electrontc 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 cler1< 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. -55- March 15, 2018 Superior Wellness and 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 5716 S Pennsylvania Avenue Suite B 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. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ _56 _377-0068 FAX www.fansingmi.gov/cle .. , .,. ..:lerk@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. Michigan Ave., Lansing, Ml 48933-1695 517-483-4131 $ -S?-~77-0068 FAX www.lansingmi.gov/cle1" ;;i derk@lansingmi.gov March 28, 2018 Chris Swope, Lansing City Clerk 124 W Michigan Ave Lansing, Ml 48933 COVERT & CALKINS Via Hand Delivery RE: Superior Wellness and Solutions LLC -5716 S Pennsylvania Ave. Ste. B -Provisioning Center Application Denial Dear Clerk Swope and the Office of the City Clerk This letter serves as a notice that Superior Wellness and Solutions LLC (Superior Wellness) is appealing from your decision to deny its application to operate a Medical Marihuana Provisioning Center in the City of Lansing at 5716 S Pennsylvania Ave. Ste. B. Under Chapter 1300.lS(C) of the Lansing Code of Ordinances (Ch. 1300), Superior Wellness has a right to a review and hearing of any denial or revocation of a license made under Chapter 1300. Background: Superior Wellness 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, Superior Wellness 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. Superior Wellness contacted the City Clerk's office for further explanation on 4 separate occasions, February 5th at 9:39 AM, the 7th 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." !n: an~ffort comply with the ordinance, the Clerk's vague request, and the Rules, Superior Wellne~s :'.~:: ·-·-·· ·-···· -·.--, reviewed the LARA Emergency Rules (Rules) and created a waste disposal plan that f.qmpfted ;:;:-; 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517) 512-8364 Fax : (517 ) 253-0908 l 1_58- ( .. ') -<. C: I r·i1 ... ,.. .... _ ...... J hj C-) \.0 fil -o .. -- .• ---!I"l • r;-. \. __ _.. c::i CJi COVERT & CALKINS with Rule 36. Superior Wellness also amended other parts of their application to provide more robust procedures for dealing with waste and sanitation. Superior Wellness submitted this Waste, Chemical & Plant Waste Disposal Plan (Plan) to the City on February 13, 2018. When presented for review with Deb Biehl er of the City Clerk's office, she indicated that the Plans were overboard. On March 15, 2018, Superior Wellness 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. Superior Wellness 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 Superior Wellness 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 : (51 7 ) 253-0908 2 1_59_ 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 applicants, licensees, proposed marihuana facilities, and marihuana facility operations: (a) Oversee and conduct inspections through its investigators, agents, auditors, 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 Superior Wellness. Grounds for reversal: I. The December 2017 Facility Sanitation Plan complies with Ch. 1300.5(B}(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(B)(1) ofthe 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 unusable. The Amended Waste Plan submitted to the City Clerk on February 13, 2018 is not a "Material Violation" that should result in a denial or revocation of a license, as required under chapter 1300.15(B)(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, Superior Wellness indicates that it will comply with all other applicable State and 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (517 ) 253-0908 3 '-60- COVERT & CALKINS Local building 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 Superior Wellness 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 Superior Wellness 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. 1129 North Washington Ave, Lansing, MI 48906 Phone: ( 517) 512-8364 Fax : (51 7 ) 253-0908 4 (-61- COVERT & CALKINS 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, 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 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517 ) 512-8364 Fax : (51 7 ) 253-0908 51_62- COVERT & CALKINS Lansing and State of Michigan law" does not meet the requirements for a zoning determination under MCL 125.3606{b)-(d): 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 Superior Wellness. Conclusion and Request for Relief Superior Wellness 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, Superior Wellness requests that the Hearing Officer find that the Statement of Correction submitted on February 13, 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, Superior Wellness 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, Superior Wellness 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 0 Ni9k Calkins 1129 North Washington Ave, Lansing, MI 48906 Phone : ( 517 ) 512-8364 Fax : (517 ) 253-0908 6 1-63- Superior Wellness and Solutions March Amended Marihuana Waste Plan Disposal Plan for Product Destruction and Waste Management Superior Wellness and Solutions LLC (SUPERIOR WELLNESS) will implement the system of controls outlined in this document to prevent unused marihuana or marihuana derivatives and waste from leaving SUPERIOR WELLNESS's facility, to protect the public and animals from encountering or ingesting unused, expired, unusable, or contaminated marihuana product, by- products, or waste. SUPERIOR WELLNESS will record all marihuana product that is rendered for waste in MJ Freeway, our selected 3rd pa1ty METRC integration. METRC is Michigan's statewide seed-to-sale monitoring system. Once available, we may change to one of the approved third-party METRC integrations. All logs and disposal records have a secondaiy cloud backup, which is available on demand. SUPERIOR WELLNESS wi.11 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 SUPERIOR WELLNESS's facility. SUPERIOR WELLNESS 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 SUPERIOR WELLNESS'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 -64- Disposal/Destruction of Waste Product Protocol Superior Wellness and Solutions March Amended Marihuana Waste Plan Upon receipt of the unused, expired, or otherwise unusable medical marihuana product(s) or byproduct(s), SUPERIOR WELLNESS 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 SUPERIOR WELLNESS 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 -65- Superio1· Wellness and 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 SUPERIOR WELLNESS 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 SUPERIOR WELLNESS'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 SUPERIOR WELLNESS 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 SUPERIOR WELLNESS; The third-party transporter will record the time waste materials were picked up from the SUPERIOR WELLNESS facility on the Transportation Event Log; Any vehicle accidents will be reported by the transporting team to the SUPERIOR WELLNESS Manager or unit Manager immediately; Any loss or theft of medical marihuana products will be reported by the transporting security officer immediately to the SUPERIOR WELLNESS Manager or unit Manager; Any Manager receiving a loss or theft report from a transporting security company will notify a Manager immediately, and the SUPERIOR WELLNESS Manager will report the occurrence to the appropriate law enforcement agency and the Department immediately; and A SUPERIOR WELLNESS Manager will ensure transportation records are maintained in accordance with regulations and provided to the Department, upon request. 31P ag e -66- Superio1· Wellness and Solutions March Amended Marihuana Waste Plan Waste Record Keeping All plants and products are tracked within SUPERIOR WELLNESS's approved METRC integrated inventory. The SUPERIOR WELLNESS 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, SUPERIOR WELLNESS 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 SUPERIOR WELLNESS to collect all inventories within the system in a centralized location for destruction. Manually Entering Waste Disposal to METRC Procedures In the event SUPERIOR WELLNESSs selected seed to sale METRC approved third patty software is not working or SUPERIOR WELLNESS decides to use a different software, the SUPERIOR WELLNESS 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: 1. Select the product you want to report as waste 2. Click the "Repott Waste" tab at the top of the screen 3. Enter the required information in the Pop-Up Screen 1. Batch Information 11. Weight of Product Repo1ted as Waste iii. Date Product is being Rep01ted as Waste Unit of Measurement for the Product Weight IV. v. Select the "Report Waste" Button at the bottom of the pop-up screen. 41Page -67- 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 dry; 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 -68- Biehler, Deb From: Sent: To: Subject: Attachments: James Bennett, C.B.O. Bennett, Jim Tuesday, April 10, 2018 6:25 PM Jackson, Brian; Biehler, Deb Superior Wellness -5716 S Penn Ste B Superior Wellness and Solutions -5716 S Penn Suite B Waste Pla.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 -69- Marihuana Dispensary Waste and Disposal Plan Disapproval Superior Wellness and Solutions -5716 S Pennsylvania Suite B 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 -70- I '-1 f-' staml'.)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: 05/02/201 B Mailing Date: 05/021201 B 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 Ml 48083-5426 USPS Postmark Here 'Regular Priority Mail 2-DAY Service postage rates apply. There is no fee for Delivery Confinnetion"' service on Priority Meil services with use of this electronic shipping label. Postmark required If fee refund requested. Delivery infonnetion 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 "mall date" that is specified on this label. ~--. ·-· .. ~·,. May 2, 2018 Superior 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 5716 S Pennsylvania Ave Suite B. 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. Sincerely, /J /) ,.• c ~LI~ ~F,.,_,T. 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 !_72_77-0068 FAX www.lansingmi.gov/clerk ""Y.clerk@lansingmi.gov MEMO To: Chris Swope Lansing City Clerk From: Mary Kay Scullion (P36237) Re: Application of Superior Wellness Solutions, LLC 5716 S. Pennsylvania Ave., Ste. B Date: May 1, 2018 Introduction and Background The Application by Superior 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 Superior Wellness Solutions, LLC that their application to operate a Provisioning Center at the above referenced address was recommended for denial due to 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. Superior 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, Superior 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] -73- 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 clearl that the Applicants may not operate without a license. Analysis In its appeal, Superior 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 re 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. Superior 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, Superior 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 Superior Wellness Solutions, LLC, they submitted a revised plan with their filing in i response to the 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. -74- THE COVERT LAW FIRM, PLLC May 31, 2018 Via Hand Delivery Appellant: Superior Wellness Solutions, LLC 5716 S Pennsylvania Ave., Ste. B Lansing, MI 48911 Attorney for Appellant: The Covert Law Firm, PLLC 1129 N. Washington Ave. Lansing, MI 48906 Appellee: Lansing City Clerk's Office Ninth Floor, City Hall 124 W. Michigan Ave. Lansing, MI 48933 r--- ~.~~~ .. -· -· -' -· L ;-· .... -~-· ("') r-·· r-.~ = c:o _i; .. ;:...,-. ~ ' -··:: (....) ~ RE: Appeal of Denial of Application to Operate a Medical Marihuana Provisioning Center f.9r r.,, failure to submit a sufficient Waste Disposal Plan. ::,:'. co --------------------------------------------------------------------------------------------------- This letter serves as notice and submission of appeal for Superior Wellness Solutions, LLC (hereinafter "Superior Wellness") 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"). Superior Wellness brings this appeal pursuant to Chapter 1300.15(C) of the code. Summary In its paper appeal filed on March 29, 2018, Superior Wellness 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 Superior Wellness which stated that Superior Wellness' waste disposal plan was not compliant with "Lansing laws." The initial deficiency notice provided to Superior Wellness 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 Superior Wellness 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 1129 North Washington Ave, Lansing, MI 48906 (517) 512-8364 -75- CJ fTJ !._!~J L .. !_~ c __ :;. ' . ! .. !.J THE COVERT LAW FIRM, PLLC conformance with State law. Superior Wellness' waste disposal plan sufficiently addresses each criterion. 3. The determination to deny Superior Wellness' 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 Superior 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, Superior Wellness 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, Superior Wellness submitted their revised documentation, including a Statement of Correction, within the required 10- day 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 compliance with the City of Lansing Ordinances and State of Michigan law." On March 29, 2018, Superior Wellness filed an appeal with the Lansing City Clerk's office. On May 2, 2018, the City of Lansing sent correspondence to Superior Wellness which indicated that its appeal had 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: !/") -:.J.,, ~.:_ c._ 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 '-.., .... .i.6f the materials submitted by Superior Wellness addresses and meets these requirements. '-.LJ (.(See page 2 of 5-page Amended Waste Plan. See also page 21 of Superior Wellness Policy fJyfanual) ;;; 2. :_A licensee shall not sell Marihuana waste or Marihuana products that are to be destroyed, or ;;. ... : ;j hat the department orders destroyed. Review of the materials submitted by Superior Wellness :.c tf) C;::J . ~.! 1129 No rth Washington Ave, Lansing, MI 48906 (517) 512-8364 -76- THE COVERT LAW FIRM, PLLC addresses and meets these requirements. See page 1, 2 of 5-page Amended Waste Plan. See also page 21 of Superior Wellness Policy Manual) 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 Superior Wellness addresses and meets these requirements. (See page 3,4of5-page Amended Waste Plan. See also page 21 of Superior Wellness Policy Manual) 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. Review of the materials submitted by Superior Wellness addresses and meets these requirements. See page 1 of 5-page Amended Waste Plan. See also page 21 of Superior Wellness 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 of Marihuana by animals or people; 2. Must indicate how Marihuana waste will be disposed of; and :_··- 3. Must indicate how Marihuana waste will be rendered unusable 4. Must prevent access by any person who may not lawfully possess it c.n Chapter 7(f) on Page 24 of the Original Business I Facility Plan submitted by Superior WeJlrl~ss indicates that it will comply with all other applicable state and local building code requirements intended for 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 Superior Wellness to comply with Chapter 1300.5(18), as follows: 1. Waste, Chemical, and Plant Waste Disposal Plan: 1129 North Washington Ave, Lansing, MI 48906 (517) 512-8364 -77- -· .-.. _; ~ I i THE COVERT LAW FIRM, PLLC 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 Superior Wellness 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. 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 unrecognizable. 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 Superior Wellness on March 29, 2018. In her analysis, Hearing Officer Scullion states that "Superior Wellness Solutions, LLC argues that it should be granted a license because it has complied with all of the requirements and that it w~~. unaware that it 1129 North Washington Ave, Lansing, MI 48906 (517) 512-8364 -78- 1 C) ..... -, J_r•• :::i.:: .,. ... · r I': THE COVERT LAW FIRM, PLLC Z:U,~Kirl b~je~ptfdted!fo ~~ply with Lansing laws." This statement is wholly inaccurate and fails to L !'r¢bogni..~elJ~¢·i~sy:fJ[~~rPted. Superior Wellness is aware of their obligation to abide by both state and municipal regulation. The actual issue presented by Superior Wellness 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 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, Superior Wellness' curation was tailored to correct any perceived deficiency under state law. Superior Wellness 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 Superior Wellness' appeal by focusing on the term "substantial" with regard to the level of compliance illustrated by Superior Wellness 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 Superior Wellness. The content and sufficiency of the information contained within the waste disposal plan submitted by Superior Wellness 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 Determination Under Chapter 1300.03(e), the review by the Commission on appeal of a decision by the City Clerk "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." In this case, the decision to deny the Appellant's appeal was arbitrary and capricious. For purposes of this subsection, Superior Wellness Solutions, LLC will be considered Appellant 1. Company, LLC will be considered Appellant 2. Appellant2 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 1129 North Washington Ave, Lansing, MI 48906 (517) 512-8364 -79- THE COVERT LAW FIRM, PLLC 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 portion(s) of the Hearing Officer determination is as follows: "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, Superior 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." 1129 No rth Washi ng t o n Av e, Lansing, MI 48 906 (517) 512-8364 -80- r--· :\~~i· en i::.;~· ("') -·-·--..:: c· .. ·-:r i-·- ['"1! ~-;D ..... · .. r-:-• c..::i ~-.:, :~ . ... , .-.. : (.;,") _,_, . r:-.. .. ~.-:- u ·i -·:x·; -· ·- ' ; l i:=-) r··n -- •T! l .. __ .... THE COVERT LAW FIRM, PLLC The updated Waste Disposal Plan was submitted on or before the March 29, 2018 deadline. Rather 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 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 l'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 l's appeal was denied. Conclusion The decision to deny the appeal submitted by Superior Wellness 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 Superior Wellness in its initial appeal, and several points of contention were missed in Ms. Scullion's report and recommendation. The Application submitted by Superior Wellness 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 Superior Wellness' application based upon the perceived insufficiencies contained within their Waste Disposal Plan and reliance on an erroneous report compiled by the Hearing Officer. Respectfully, 1 , Nickolas G. Calkins ( 1129 North Washingto n Ave, Lansing, MI 48906 (517) 512-8364 -81- ~ ··~·: -...... :~(:.: <.O c ··;1 (_'"') ..... i ("') r·,~ ;i::! ...... ,._, c::; C'\:l --~ _:: .. " ---- (..J -n ..:.:·- .. '.-· CJ! .. / •,, r·: ,:,-') rTt .. -:.::..-. ~ I ! ?----; · .. ___ .,