HAZARDOUS WASTE PENALTIES - S.B. 5: FLOOR ANALYSIS

Senate Bill 5 (as reported without amendment)

Sponsor: Senator Loren Bennett

Committee: Natural Resources and Environmental Affairs

CONTENT

The bill would amend Part 111 (Hazardous Waste Management) of the Natural Resources and Environmental Protection Act to provide that a person who was convicted of a hazardous waste offense would have to be ordered to pay all costs of corrective action associated with the violation. This would be in addition to the fine and imprisonment that may be imposed for the offense.

The offense in question involves transporting, treating, storing, disposing of, or generating hazardous waste in violation of Part 111 or contrary to a permit, license, order, or rule issued or promulgated under Part 111; making 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 of a permit, license, or order; or violating Section 11144(5) of the Act (which requires a person to notify the State if he or she knows that hazardous waste is being treated, disposed of, or stored in violation of Part 111, or that an emergency situation exists).

MCL 324.11151 - Legislative Analyst: S. Margules

FISCAL IMPACT

The bill would have an indeterminate fiscal impact on the reduction of cleanup costs, depending upon how many offenses would be prosecuted, and the extent to which convicted offenders would pay the cost of corrective actions.

Date Completed: 2-28-97 - Fiscal Analyst: G. Cutler

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.