SB-1227, As Passed House, December 18, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1227

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11717b (MCL 324.11717b), as added by 2004 PA

381.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11717b. (1) The cost of administering this part shall be

recovered by collecting fees from persons engaged in servicing. Fee

categories and, subject to subsection (2), rates are as follows:

     (a) The fee for a septage waste servicing license is $200.00

per year.

     (b) The fee for a septage waste vehicle license is as follows:

     (i) If none of the vehicles owned by the person applying for

the septage waste vehicle license will be used at any time during

the license period for disposal of septage waste by land

application, $350.00 per year for each septage waste vehicle.

     (ii) If any of the vehicles owned by the person applying for

the septage waste vehicle license will be used at any time during

the license period for disposal of septage waste by land

application, $480.00 per year for each septage waste vehicle.

     (c) The fee to replace an existing septage waste vehicle under

a septage waste vehicle license with a different septage waste

vehicle under the same ownership, if the annual fee for that year

has been paid under subdivision (b), is as follows:

     (i) $200.00 if the septage waste vehicle being replaced has

been inspected for that year under section 11706.

     (ii) $150.00 if the vehicle being replaced has not been

inspected for that year.

(d) (c) The fee for a site permit is $500.00. However, a

person shall not be charged a fee to renew a site permit.

     (2) If a fee under subsection (1) is paid for a license,

permit, or approval but the application for the license or permit

or the request for the approval is denied, the department shall

promptly refund the fee.

     (3) For each state fiscal year, a person possessing a septage

waste servicing license and septage waste vehicle license as of

January 1 of that fiscal year shall be assessed a septage waste

servicing license fee and septage waste vehicle license fee as

specified in this section. The department shall notify those

persons of their fee assessments by February 1 of that fiscal year.

Payment shall be postmarked by March 15 of that fiscal year. Fees

assessed in the 2005 calendar year for a septage waste servicing

license or a septage waste vehicle license shall be reduced by the

amount of the fee paid by the applicant for a septage waste vehicle

license for the same vehicle or for a septage waste servicing

license, respectively, in effect on January 1, 2005, prorated based

on the portion of the 3-year term of that license remaining after

December 31, 2004.

     (4) The department shall assess interest on all fee payments

received after the due date. The amount of interest shall equal

0.75% of the payment due, for each month or portion of a month the

payment remains past due. The failure by a person to timely pay a

fee imposed by this section is a violation of this part.

     (5) If a person fails to pay a fee required under this section

in full, plus any interest accrued, by October 1 of the year

following the date of notification of the fee assessment, the

department may issue an order that revokes the license or permit

held by that person for which the fee was to be paid.

     (6) Fees and interest collected under this section shall be

deposited in the fund.