November 8, 2007, Introduced by Rep. Bennett and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 301, 3101, 3104, 3115a, 3122, 3124, 5521,
5522, 11130, 11135, 11153, 11507a, 11525, 11525a, 12103, 12109,
12112, 14301, 30104, 30109, 30112, 30306, 30316, 31509, 32312,
32510, 32511, 32513, 62509, and 62509a (MCL 324.301, 324.3101,
324.3104, 324.3115a, 324.3122, 324.3124, 324.5521, 324.5522,
324.11130, 324.11135, 324.11153, 324.11507a, 324.11525,
324.11525a, 324.12103, 324.12109, 324.12112, 324.14301,
324.30104, 324.30109, 324.30112, 324.30306, 324.30316, 324.31509,
324.32312, 324.32510, 324.32511, 324.32513, 324.62509, and
324.62509a), section 301 as amended by 2004 PA 587, section 3101
as amended by 2006 PA 97, section 3104 as amended by 2005 PA 33,
sections 3122 and 3124 as added by 2004 PA 90, section 5521 as
amended by 1998 PA 245, section 5522 as amended by 2005 PA 169,
sections 11130, 11135, 12103, 12109, and 12112 as amended and
section 11153 as added by 2001 PA 165, section 11507a as amended
by 2004 PA 39, sections 11525 and 11525a as amended by 2003 PA
153, section 14301 as amended by 1998 PA 289, section 30104 as
amended by 2006 PA 531, sections 30109 and 32513 as amended by
2003 PA 163, sections 30112, 30316, 32510, and 32511 as added by
1995 PA 59, section 30306 as amended by 2003 PA 14, sections
31509, 32312, and 62509 as amended by 2004 PA 325, and section
62509a as added by 1998 PA 467, and by adding part 50 and
sections 14307 and 31509a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 301. Except as otherwise defined in this act, as used
2 in this act:
3 (a) "Commission" means the commission of natural resources.
4 (b) "Department" means the director of the department of
5 natural resources or his or her designee to whom the director
6 delegates a power or duty by written instrument.
7 (c) "Department of natural resources" means the principal
8 state department created in section 501.
9 (d) "Detroit consumer price index" means the most
10 comprehensive index of consumer prices available for the Detroit
11 area from the United States department of labor, bureau of labor
12 statistics.
13 (e) (d) "Director"
means the director of the department of
14 natural resources.
15 (f) (e) "Local
unit of government" means a municipality or
1 county.
2 (g) (f) "Michigan
conservation and recreation legacy fund"
3 means the Michigan conservation and recreation legacy fund
4 established in section 40 of article IX of the state constitution
5 of 1963 and provided for in section 2002.
6 (h) (g) "Municipality"
means a city, village, or township.
7 (i) (h) "Person"
means an individual, partnership,
8 corporation, association, governmental entity, or other legal
9 entity.
10 (j) (i) "Public
domain" means all land owned by the state or
11 land deeded to the state under state law.
12 (k) (j) "Rule"
means a rule promulgated pursuant to the
13 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
14 24.328.
15 Sec. 3101. As used in this part:
16 (a) "Aquatic nuisance species" means a nonindigenous species
17 that threatens the diversity or abundance of native species or
18 the ecological stability of infested waters, or commercial,
19 agricultural, aquacultural, or recreational activities dependent
20 on such waters.
21 (b) "Ballast water" means water and associated solids taken
22 on board a vessel to control or maintain trim, draft, stability,
23 or stresses on the vessel, without regard to the manner in which
24 it is carried.
25 (c) "Ballast water treatment method" means a method of
26 treating ballast water and sediments to remove or destroy living
27 biological organisms through 1 or more of the following:
1 (i) Filtration.
2 (ii) The application of biocides or ultraviolet light.
3 (iii) Thermal methods.
4 (iv) Other treatment techniques approved by the department.
5 (d) "Department" means the department of environmental
6 quality.
7 (e) "Detroit consumer price index" means the most
8 comprehensive index of consumer prices available for the Detroit
9 area from the United
States department of labor,
bureau of labor
10 statistics.
11 (e) (f) "Emergency
management coordinator" means that term
12 as defined in section 2 of the emergency management act, 1976 PA
13 390, MCL 30.402.
14 (f) (g) "Great Lakes"
means the Great Lakes and their
15 connecting waters, including Lake St. Clair.
16 (g) (h) "Group
1 facility" means a facility whose discharge
17 is described by R 323.2218 of the Michigan administrative code.
18 (h) (i) "Group
2 facility" means a facility whose discharge
19 is described by R 323.2210(y), R 323.2215, or R 323.2216 of the
20 Michigan administrative code.
21 (i) (j) "Group
3 facility" means a facility whose discharge
22 is described by R 323.2211 or R 323.2213 R 323.2210(y) of the
23 Michigan administrative code.
24 (j) "Group 4 facility" means a facility whose discharge is
25 described by R 323.2215 of the Michigan administrative code.
26 (k) "Group 5 facility" means a facility whose discharge is
27 described by R 323.2211 or R 323.2213 of the Michigan
1 administrative code.
2 (l) (k) "Local health department" means that term
as defined
3 in section 1105 of the public health code, 1978 PA 368, MCL
4 333.1105.
5 (m) (l) "Local unit" means a county, city,
village, or
6 township or an agency or instrumentality of any of these
7 entities.
8 (n) (m) "Municipality"
means this state, a county, city,
9 village, or township, or an agency or instrumentality of any of
10 these entities.
11 (o) (n) "National
response center" means the national
12 communications center established under the clean water act, 33
13 USC 1251 to 1387, located in Washington, DC, that receives and
14 relays notice of oil discharge or releases of hazardous
15 substances to appropriate federal officials.
16 (p) (o) "Nonoceangoing
vessel" means a vessel that is not an
17 oceangoing vessel.
18 (q) (p) "Oceangoing
vessel" means a vessel that operates on
19 the Great Lakes or the St. Lawrence waterway after operating in
20 waters outside of the Great Lakes or the St. Lawrence waterway.
21 (r) (q) "Open
water disposal of contaminated dredge
22 materials" means the placement of dredge materials contaminated
23 with toxic substances as defined in R 323.1205 of the Michigan
24 administrative code into the open waters of the waters of the
25 state but does not include the siting or use of a confined
26 disposal facility designated by the United States army corps of
27 engineers or beach nourishment activities utilizing
1 uncontaminated materials.
2 (s) (r) "Primary
public safety answering point" means that
3 term as defined in section 102 of the emergency telephone service
4 enabling act, 1986 PA 32, MCL 484.1102.
5 (t) (s) "Sediments"
means any matter settled out of ballast
6 water within a vessel.
7 (u) (t) "Sewage
sludge" means sewage sludge generated in the
8 treatment of domestic sewage, other than only septage or
9 industrial waste.
10 (v) (u) "Sewage
sludge derivative" means a product for land
11 application derived from sewage sludge that does not include
12 solid waste or other waste regulated under this act.
13 (w) (v) "Sewage
sludge generator" means a person who
14 generates sewage sludge that is applied to land.
15 (x) (w) "Sewage
sludge distributor" means a person who
16 applies, markets, or distributes, except at retail, a sewage
17 sludge derivative.
18 (y) (x) "St.
Lawrence waterway" means the St. Lawrence
19 river, the St. Lawrence seaway, and the gulf of St. Lawrence.
20 (z) (y) "Threshold
reporting quantity" means that term as
21 defined in R 324.2002 of the Michigan administrative code.
22 (aa) (z) "Waters
of the state" means groundwaters, lakes,
23 rivers, and streams and all other watercourses and waters,
24 including the Great Lakes, within the jurisdiction of this state.
25 Sec. 3104. (1) The department is designated the state agency
26 to cooperate and negotiate with other governments, governmental
27 units, and governmental agencies in matters concerning the water
1 resources of the state, including, but not limited to, flood
2 control, beach erosion control, water quality control planning,
3 development, and management, and the control of aquatic nuisance
4 species. The department shall have control over the alterations
5 of natural or present watercourses of all rivers and streams in
6 the state to assure that the channels and the portions of the
7 floodplains that are the floodways are not inhabited and are kept
8 free and clear of interference or obstruction that will cause any
9 undue restriction of the capacity of the floodway. The department
10 may take steps as may be necessary to take advantage of any act
11 of congress that may be of assistance in carrying out the
12 purposes of this part, including the water resources planning
13 act, 42 USC 1962 to 1962d-3, and the federal water pollution
14 control act, 33 USC 1251 to 1387.
15 (2) In order to address discharges of aquatic nuisance
16 species from oceangoing vessels that damage water quality,
17 aquatic habitat, or fish or wildlife, the department shall
18 facilitate the formation of a Great Lakes aquatic nuisance
19 species coalition. The Great Lakes aquatic nuisance species
20 coalition shall be formed through an agreement entered into with
21 other states in the Great Lakes basin to implement on a basin-
22 wide basis water pollution laws that prohibit the discharge of
23 aquatic nuisance species into the Great Lakes from oceangoing
24 vessels. The department shall seek to enter into an agreement
25 that will become effective not later than January 1, 2007. The
26 department shall consult with the department of natural resources
27 prior to entering into this agreement. Upon entering into the
1 agreement, the department shall notify the Canadian Great Lakes
2 provinces of the terms of the agreement. The department shall
3 seek funding from the Great Lakes protection fund authorized
4 under part 331 to implement the Great Lakes aquatic nuisance
5 species coalition.
6 (3) The department shall report to the governor and to the
7 legislature at least annually on any plans or projects being
8 implemented or considered for implementation. The report shall
9 include requests for any legislation needed to implement any
10 proposed projects or agreements made necessary as a result of a
11 plan or project, together with any requests for appropriations.
12 The department may make recommendations to the governor on the
13 designation of areawide water quality planning regions and
14 organizations relative to the governor's responsibilities under
15 the federal water pollution control act, 33 USC 1251 to 1387.
16 (4) A person shall not alter a floodplain except as
17 authorized by a floodplain permit issued by the department
18 pursuant to part 13. An application for a permit shall include
19 information that may be required by the department to assess the
20 proposed alteration's impact on the floodplain. If an alteration
21 includes activities at multiple locations in a floodplain, 1
22 application may be filed for combined activities.
23 (5) Except as provided in subsections (6), (7), and (9),
24 until October 1, 2008, an
application for a floodplain permit
25 shall be accompanied by a fee of $500.00. Until October 1, 2008,
26 if $1,750.00. If the department determines that engineering
27 computations are required to assess the impact of a proposed
1 floodplain alteration on flood stage or discharge
2 characteristics, the department shall assess the applicant an
3 additional $1,500.00 $2,500.00
to cover the department's cost of
4 review.
5 (6) Until October
1, 2008, an An application
for a
6 floodplain permit for a minor project category shall be
7 accompanied by a fee of $100.00 $250.00. Minor project
categories
8 shall be established by rule and shall include activities and
9 projects that are similar in nature and have minimal potential
10 for causing harmful interference.
11 (7) If work has been done in violation of a permit
12 requirement under this part and restoration is not ordered by the
13 department, the department may accept an application for a permit
14 for that work if the application is accompanied by a fee equal to
15 2 times the permit fee required under subsection (5) or (6).
16 (8) A request for a minor revision to a floodplain permit
17 issued under this section or to transfer a floodplain permit to a
18 new owner shall be accompanied by a fee of $250.00.
19 (9) A request for the extension of a floodplain permit
20 issued under this section that has not expired shall be
21 accompanied by a fee of $150.00. A floodplain permit shall not be
22 extended beyond 5 years from the date of initial issuance.
23 (10) If a preapplication meeting is requested in writing by
24 the landowner or another person who is authorized in writing by
25 the landowner, the department shall meet with the person or his
26 or her representatives to review a proposed floodplain project or
27 a proposed floodplain permit application under this section in
1 its entirety. The preapplication meeting shall take place at the
2 department's district office for the district that includes the
3 project site or at the project site itself, as specified in the
4 request and is subject to all of the following:
5 (a) Except as provided in this subsection, the request for a
6 preapplication meeting shall be accompanied by a fee. The fee for
7 a preapplication meeting at the district office is $150.00. The
8 fee for a preapplication meeting at the project site is $250.00
9 for the first acre or portion of an acre of project area, plus
10 $50.00 for each acre or portion of an acre in excess of the first
11 acre, but not to exceed a fee of $1,000.00. However, if the
12 location of the project is a single family residential lot that
13 is less than 1 acre in size, there is no fee for a preapplication
14 meeting at the district office, and the fee for a preapplication
15 meeting at the project site is $100.00.
16 (b) If the person withdraws the request for a preapplication
17 meeting at least 24 hours before the meeting, the department may
18 agree with the person to reschedule the meeting or shall promptly
19 refund the fee and need not meet as provided in this section.
20 Otherwise, if, after agreeing to the time and place for a
21 preapplication meeting, the person is not represented at the
22 meeting, the person shall forfeit the fee for the meeting. If,
23 after agreeing to the time and place for a preapplication
24 meeting, the department is not represented at the meeting, the
25 department shall refund the fee and send a representative to a
26 rescheduled meeting to be held within 10 days of the first
27 scheduled meeting date.
1 (c) Any written agreement provided by the department as a
2 result of the preapplication meeting regarding the need to obtain
3 a floodplain permit under this section is binding on the
4 department for 2 years from the date of the agreement.
5 (11) The department shall adjust the fees under this section
6 in 2010 and every fifth year thereafter by an amount determined
7 by the state treasurer to reflect the cumulative annual
8 percentage change in the Detroit consumer price index and rounded
9 to the nearest dollar.
10 (12) (8) The
department shall forward fees collected under
11 this section to the state treasurer for deposit in the land and
12 water management permit fee fund created in section 30113.
13 (13) (9) A
project that requires review and approval under
14 this part and 1 or more of the following is subject to only the
15 single highest permit fee required under this part or the
16 following:
17 (a) Part 301.
18 (b) Part 303.
19 (c) Part 323.
20 (d) Part 325.
21 (e) Section 117 of the land division act, 1967 PA 288, MCL
22 560.117.
23 Sec. 3115a. (1) Except as provided in subsections (2) and
24 (3), a person who alters or causes the alteration of a floodplain
25 in violation of this part is guilty of a misdemeanor punishable
26 by a fine of not more than $2,500.00 $5,000.00 for each
27 occurrence.
1 (2) A person who commits a minor offense is guilty of a
2 misdemeanor punishable by a fine of not more than $500.00
3 $1,000.00 for each violation. A law enforcement officer may issue
4 and serve an appearance ticket upon a person for a minor offense
5 pursuant to sections 9a 9c
to 9g of chapter IV of the code of
6 criminal procedure, Act No. 175 of the Public Acts of 1927, being
7 sections 764.9a to 764.9g of the Michigan Compiled Laws 1927 PA
8 175, MCL 764.9c to 764.9g.
9 (3) A person who willfully or recklessly violates a
10 condition of a floodplain permit issued under this part is guilty
11 of a misdemeanor punishable by a fine of not more than $2,500.00
12 $5,000.00 per day.
13 (4) As used in this section, "minor offense" means either of
14 the following violations of this part if the department
15 determines that restoration of the affected floodplain is not
16 required:
17 (a) The failure to obtain a permit under this part.
18 (b) A violation of a permit issued under this part.
19 Sec. 3122. (1) Until October 1, Beginning December 1, 2007,
20 the department may levy and collect an annual groundwater
21 discharge permit fee from facilities that discharge wastewater to
22 the ground or groundwater of this state pursuant to section 3112.
23 The groundwater permit discharge fee shall be as follows:
24 (a) For a group 1 facility, $3,650.00. the following:
25 (i) For a facility that discharges 60 MGY or more,
26 $16,000.00.
27 (ii) For a facility that discharges 30 MGY or more but less
1 than 60 MGY, $12,000.00.
2 (iii) For a facility that discharges 10 MGY or more but less
3 than 30 MGY, $8,000.00.
4 (iv) For a facility that discharges less than 10 MGY,
5 $5,000.00.
6 (v) Notwithstanding subparagraphs (i) to (iv), for a
7 municipality with fewer than 1,000 residents, $2,000.00.
8 (b) For a group 2 facility, or a municipality of
1,000 or
9 fewer residents, $1,500.00. the following:
10 (i) For a facility that discharges 10 MGY or more, $7,000.00.
11 (ii) For a facility that discharges 4 MGY or more but less
12 than 10 MGY, $5,000.00.
13 (iii) For a facility that discharges 1 MGY or more but less
14 than 4 MGY, $3,500.00.
15 (iv) For a facility that discharges less than 1 MGY,
16 $2,000.00.
17 (c) For a group 3 facility, $200.00. the following:
18 (i) For a facility that discharges 10 MGY or more, $7,000.00.
19 (ii) For a facility that discharges 3 MGY or more but less
20 than 10 MGY, $5,000.00.
21 (iii) For a facility that discharges 1 MGY or more but less
22 than 3 MGY, $3,500.00.
23 (iv) For a facility that discharges less than 1 MGY,
24 $2,000.00.
25 (d) For a group 4 facility, $2,000.00.
26 (e) For a group 5 facility, $350.00.
27 (2) Beginning December 1, 2008, and each December 1
1 thereafter, the department shall adjust the groundwater discharge
2 permit fees under this section by an amount determined by the
3 state treasurer to reflect the cumulative annual percentage
4 change in the Detroit consumer price index rounded to the nearest
5 dollar.
6 (3) (2) Within
180 days after receipt of a complete
7 application, the department shall either grant or deny a permit,
8 unless the applicant and the department agree to extend this time
9 period. If the department fails to make a decision on an
10 application within the time period specified or agreed to under
11 this subsection, the applicant shall receive a 15% annual
12 discount on an annual groundwater discharge permit fee for a
13 permit issued based upon that application. This subsection
14 applies to permit applications received beginning October 1,
15 2005.
16 (4) (3) If
the person required to pay the annual groundwater
17 discharge permit fee under subsection (1) is a municipality, the
18 municipality may pass on the annual groundwater discharge permit
19 fee to each user of the municipal facility.
20 (5) (4) As used
in this section, "group 1 facility", "group
21 2 facility", and "group 3 facility" do not include a
municipality
22 with a population of 1,000 or fewer residents "MGY" means million
23 gallons per year.
24 Sec. 3124. (1) The groundwater discharge permit fund is
25 created within the state treasury. The state treasurer may
26 receive money or other assets from any source for deposit into
27 the groundwater discharge permit fund. The state treasurer shall
1 direct the investment of the groundwater discharge permit fund.
2 (2) Money in the groundwater discharge permit fund at the
3 close of the fiscal year shall remain in the groundwater
4 discharge permit fund and shall not lapse to the general fund.
5 (3) The state treasurer shall credit to the groundwater
6 discharge permit fund the interest and earnings from groundwater
7 discharge permit fund investments.
8 (4) The department shall expend money from the groundwater
9 discharge permit fund, upon appropriation, only to implement the
10 department's groundwater discharge program under this part.
11 However, in any state fiscal year, the department shall not
12 expend more than $2,000,000.00 of money from the fund.
13 (5) By March 1 annually, the department shall prepare and
14 submit to the governor, the legislature, the chair of the
15 standing committees of the senate and house of representatives
16 with primary responsibility for issues related to natural
17 resources and the environment, and the chairs of the
18 subcommittees of the senate and house appropriations committees
19 with primary responsibility for appropriations to the department
20 a report that details the activities during the previous fiscal
21 year in administering the department's groundwater discharge
22 program that were funded by the groundwater discharge permit
23 fund. This report shall include, at a minimum, all of the
24 following as they relate to the department:
25 (a) The number of full-time equated positions performing
26 groundwater permitting, compliance, and enforcement activities.
27 (b) The number of applications received by the department,
1 reported as the number of applications determined to be
2 administratively incomplete and the number determined to be
3 administratively complete.
4 (c) The number of applications for groundwater permits
5 determined to be administratively complete for which a final
6 action was taken by the department. The number of final actions
7 shall be reported as the number of applications approved, the
8 number of applications denied, and the number of applications
9 withdrawn by the applicant.
10 (d) The percentage and number of applications determined to
11 be administratively complete for which a final decision was made
12 within the statutory time frame.
13 (e) The number of inspections conducted at groundwater
14 facilities.
15 (f) The number of violation letters sent.
16 (g) The number of contested case hearings and civil actions
17 initiated and completed, the number of voluntary consent orders
18 and administrative orders entered or issued, and the amount of
19 fines and penalties collected through such actions or orders.
20 (h) For each enforcement action that includes a penalty, a
21 description of what corrective actions were required by the
22 enforcement action.
23 (i) The number of groundwater complaints received,
24 investigated, resolved, and not resolved by the department.
25 (j) The amount of revenue in the groundwater discharge
26 permit fund at the end of the fiscal year.
27 PART 50
1 ON-SITE WASTEWATER TREATMENT SYSTEMS
2 Sec. 5001. As used in this part:
3 (a) "Alternative system" means an on-site wastewater
4 treatment system that is not a conventional system and that
5 provides for baseline risk-based protection for public health and
6 the environment through uniform distribution of effluent to the
7 final disposal system or through enhanced treatment prior to
8 final disposal, or through a combination of these.
9 (b) "Conventional system" means an on-site wastewater
10 treatment and disposal system that contains a watertight septic
11 tank with nonuniform distribution of effluent to subsurface soil
12 trenches or an absorption bed.
13 (c) "Department" means the department of environmental
14 quality.
15 (d) "Local health department" means a local health
16 department as defined in section 1105 of the public health code,
17 1978 PA 368, MCL 333.1105.
18 (e) "On-site wastewater treatment system" or "system" means
19 a system treating sanitary sewage, including individual systems,
20 community systems, and commercial systems that use subsurface
21 dispersal.
22 (f) "Sanitary sewage" means water and contaminants
23 discharged from sanitary conveniences, including bathroom,
24 kitchen, and household laundry fixtures of dwellings, office
25 buildings, industrial plants, commercial buildings, and
26 institutions. Commercial laundry wastes and wastes from
27 industrial and commercial processes are not considered sanitary
1 sewage.
2 Sec. 5002. (1) A local health department shall require a
3 person to obtain a permit prior to the installation of a
4 conventional or alternative wastewater treatment system. The
5 installation of the conventional or alternative wastewater
6 treatment system shall be conducted in compliance with this act
7 and the applicable local sanitary code adopted under the public
8 health code, 1978 PA 368, MCL 333.1101 to 333.25211.
9 (2) An application for a permit authorizing the installation
10 of conventional or alternative wastewater treatment systems
11 submitted to a local health department shall be accompanied by a
12 state filing fee as follows:
13 (a) For single- and 2-family dwellings, $50.00.
14 (b) For locations other than single- and 2-family dwellings,
15 $160.00.
16 (3) The state filing fee under subsection (2) shall be
17 payable to the local health department having jurisdiction.
18 (4) The following amounts of the state filing fee under
19 subsection (2) shall be forwarded by the local health department
20 to the department not more than 90 calendar days following the
21 date the permit application was received by the local health
22 department:
23 (a) For single- and 2-family dwellings, $15.00.
24 (b) For locations other than single- and 2-family dwellings,
25 $125.00.
26 (5) The department shall annually adjust the fees under this
27 section by an amount determined by the state treasurer to reflect
1 the cumulative annual percentage change in the Detroit consumer
2 price index.
3 Sec. 5003. (1) The on-site wastewater treatment program fund
4 is created within the state treasury.
5 (2) The state treasurer may receive money or other assets
6 from any source for deposit into the on-site wastewater treatment
7 program fund. The state treasurer shall direct the investment of
8 the on-site wastewater treatment program fund. The state
9 treasurer shall credit to the on-site wastewater treatment
10 program fund interest and earnings from fund investments.
11 (3) The unencumbered balance remaining in the on-site
12 wastewater treatment program fund at the close of the fiscal year
13 shall remain in the fund and shall not revert to the general
14 fund.
15 (4) The money in the on-site wastewater treatment program
16 fund shall be expended only as provided in this section. The
17 department shall expend money from the on-site wastewater
18 treatment program fund, upon appropriation, for all of the
19 following:
20 (a) To implement this part.
21 (b) To implement section 118 of the land division act, 1967
22 PA 288, MCL 560.118.
23 (c) To implement section 71a of the condominium act, 1978 PA
24 59, MCL 559.171a.
25 (d) To implement services provided by the state to evaluate,
26 oversee, consult, and train local health departments implementing
27 on-site wastewater programs as a basic health service of the
1 state under the following provisions:
2 (i) Part 23 of the public health code, 1978 PA 368, MCL
3 333.2301 to 333.2321.
4 (ii) Section 12757 of the public health code, 1978 PA 368,
5 MCL 333.12757.
6 (e) To develop minimum program requirements for the conduct
7 of local health department on-site wastewater programs pursuant
8 to section 2473(3) of the public health code, 1978 PA 368, MCL
9 333.2473.
10 Sec. 5004. The department may enter into agreements,
11 contracts, or cooperative arrangements with appropriate local
12 health departments or other individuals for the purpose of
13 administering this part.
14 Sec. 5521. (1) The emissions control fund is created within
15 the state treasury. The state treasurer may receive money from
16 any source for deposit into the fund. The state treasurer shall
17 direct the investment of the fund. The state treasurer shall
18 credit to the fund interest and earnings from fund investments.
19 (2) Money in the fund at the close of the fiscal year shall
20 remain in the fund and shall not lapse to the general fund.
21 (3) Upon the expenditure or appropriation of funds raised
22 through fees in this part for any purpose other than those
23 specifically listed in this part, authorization to collect fees
24 under this part is suspended until such time as the funds
25 expended or appropriated for purposes other than those listed in
26 this part are returned to the emissions control fund.
27 (4) Beginning October 1, 1994 and thereafter money shall be
1 expended from the fund, upon appropriation, only for the
2 following purposes as they relate to implementing the operating
3 permit program required by title V:
4 (a) Preparing generally applicable rules or guidance
5 regarding the operating permit program or its implementation or
6 enforcement.
7 (b) Reviewing and acting on any application for a new source
8 review or operating permit, permit revision, or permit renewal,
9 the development of an applicable requirement as part of the
10 processing of a permit, or permit revision or renewal.
11 (c) General administrative costs of running the operating
12 permit program, including the supporting and tracking of permit
13 applications, compliance certification, and related data entry.
14 (d) Implementing and enforcing the terms of any operating
15 permit, not including any court costs or other costs associated
16 with an enforcement action.
17 (e) Emissions and ambient monitoring.
18 (f) Modeling, analysis, or demonstration.
19 (g) Preparing inventories and tracking emissions.
20 (h) Providing direct and indirect support to facilities
21 under the small business clean air assistance program created in
22 part 57.
23 Sec. 5522. (1) For the state fiscal year beginning October
24 1, 2001, and continuing until September 30, 2007, the The owner
25 or operator of each fee-subject facility shall pay air quality
26 fees as required and calculated under this section. The
27 department may levy and collect an annual air quality fee from
1 the owner or operator of each fee-subject facility in this state.
2 The legislature intends that the fees required under this section
3 meet the minimum requirements of the clean air act and that this
4 expressly stated fee system serve as a limitation on the amount
5 of fees imposed under this part on the owners or operators of
6 fee-subject facilities in this state.
7 (2) The For
the state fiscal year beginning October 1, 2007,
8 the annual air quality fee shall be calculated for each fee-
9 subject facility, according to the following procedure:
10 (a) For category I and category II facilities, the annual
11 air quality fee shall be the sum of a facility charge and an
12 emissions charge as specified in subdivision (e). The facility
13 charge shall be $4,485.00. determined
in subdivisions (c) and
14 (d).
15 (b) For category II facilities, the annual air quality fee
16 shall be the sum of a facility charge and an emissions charge as
17 specified in subdivision (e). The facility charge shall be
18 $1,795.00.
19 (b) (c) For
category III facilities, the annual air quality
20 fee shall be $250.00 $275.00
for the state fiscal year beginning
21 October 1, 2007, and, for each succeeding fiscal year, the past
22 year's fee adjusted each October 1 by an amount determined by the
23 state treasurer to reflect the cumulative annual percentage
24 change in the Detroit consumer price index, rounded to the
25 nearest dollar.
26 (d) For municipal electric generating facilities that are
27 category I facilities and that emit more than 450 tons but less
1 than 18,000 tons of fee-subject air pollutants, the annual air
2 quality fee shall be the following amount, based on the number of
3 tons of fee-subject air pollutants emitted:
4 (i) More
than 450 tons but less than 4,000 tons, $24,816.00.
5 (ii) At
least 4,000 tons but not more than 5,300 tons,
6 $24,816.00 plus $45.25 per ton of fee-subject air pollutant in
7 excess of 4,000 tons.
8 (iii)
More than 5,300 tons but not more than 12,000 tons,
9 $85,045.00.
10 (iv) More
than 12,000 tons but less than 18,000 tons,
11 $159,459.00.
12 (e) The emissions charge for category I and category II
13 facilities shall equal the emission charge rate of $45.25,
14 multiplied by the actual tons of fee-subject air pollutants
15 emitted. A pollutant that qualifies as a fee-subject air
16 pollutant under more than 1 class shall be charged only once. The
17 actual tons of fee-subject air pollutants emitted is considered
18 to be the sum of all fee-subject air pollutants emitted at the
19 fee-subject facility for the calendar year 2 years preceding the
20 year of billing, but not more than the lesser of the following:
21 (i) 4,000
tons.
22 (ii)
1,000 tons per pollutant, if the sum of all fee-subject
23 air pollutants except carbon monoxide emitted at the fee-subject
24 facility is less than 4,000 tons.
25 (3) The auditor general shall conduct a biennial audit of
26 the federally mandated operating permit program required in title
27 V. The audit shall include the auditor general's recommendation
1 regarding the sufficiency of the fees required under subsection
2 (2) to meet the minimum requirements of the clean air act.
3 (c) The facility charge is as follows:
4 (i) For category I facilities, as follows:
5 (A) For the fiscal year beginning October 1, 2007,
6 $5,010.00.
7 (B) For each succeeding fiscal year, the past year's
8 facility charge adjusted each October 1 by an amount determined
9 by the state treasurer to reflect the cumulative annual
10 percentage change in the Detroit consumer price index, rounded to
11 the nearest dollar.
12 (ii) For category II facilities, as follows:
13 (A) For the fiscal year beginning October 1, 2007,
14 $2,005.00.
15 (B) For each succeeding fiscal year, the past year's
16 facility charge adjusted each October 1 by an amount determined
17 by the state treasurer to reflect the cumulative annual
18 percentage change in the Detroit consumer price index, rounded to
19 the nearest dollar.
20 (d) The emissions charge is the following emission rate
21 multiplied by the actual tons of fee-subject air pollutants
22 emitted:
23 (i) For the fiscal year beginning October 1, 2007, the
24 emission rate is $50.84.
25 (ii) For each succeeding fiscal year, the emission rate is
26 the past year's emission rate adjusted each October 1 by an
27 amount determined by the state treasurer to reflect the
1 cumulative annual percentage change in the Detroit consumer price
2 index, rounded to the nearest dollar.
3 (3) A pollutant that qualifies as a fee-subject air
4 pollutant under more than 1 class shall be charged only once. The
5 actual tons of fee-subject air pollutants emitted are considered
6 to be the sum of all fee-subject air pollutants emitted at the
7 fee-subject facility for the calendar year 2 years preceding the
8 year of billing, but not more than the lesser of 8,000 tons or
9 2,000 tons per pollutant, if the sum of all fee-subject air
10 pollutants except carbon monoxide emitted at the fee-subject
11 facility is less than 8,000 tons.
12 (4) For each fiscal year beginning October 1, 2008, and
13 thereafter, the department shall credit fees determined for all
14 category I and category II facilities in subsection (2) as
15 follows:
16 (a) All funds remaining in the emission control fund at the
17 end of the fiscal year, after all appropriate expenditures, in
18 excess of $2,000,000.00 shall be returned to the fee-subject
19 facilities in the subsequent fiscal year.
20 (b) Credits shall be made to all category I and category II
21 sources to be billed in the subsequent fiscal year in direct
22 proportion to each facility's annual air quality fee determined
23 under subsection (2).
24 (c) Each fee-subject facility shall be advised of credits
25 received, if any.
26 (5) (4) After
January 1, but before January 15 of each year,
27 beginning in 1995 if
possible, the department shall notify
the
1 owner or operator of each fee-subject facility of its assessed
2 annual air quality fee. Payment is due within 90 calendar days of
3 the mailing date of the air quality fee notification. If an
4 assessed fee is challenged under subsection (6) (7),
payment is
5 due within 90 calendar days of the mailing date of the air
6 quality fee notification or within 30 days of receipt of a
7 revised fee or statement supporting the original fee, whichever
8 is later. The department shall deposit all fees collected under
9 this section to the credit of the emissions control fund.
10 Notwithstanding the requirements of this subsection, the
11 department may adjust the billing date and due date for category
12 III dry cleaning facilities that are also subject to the
13 licensing or certification requirements of section 13305 of the
14 public health code, 1978 PA 368, MCL 333.13305, and section 5i of
15 the fire prevention code, 1941 PA 207, MCL 29.5i, in order to
16 combine fee assessments.
17 (6) (5) If
the owner or operator of a fee-subject facility
18 fails to submit the amount due within the time period specified
19 in subsection (4) (5), the department shall assess the owner or
20 operator a penalty of 5% of the amount of the unpaid fee for each
21 month that the payment is overdue up to a maximum penalty of 25%
22 of the total fee owed.
23 (7) (6) If
the owner or operator of a fee-subject facility
24 desires to challenge its assessed fee, the owner or operator
25 shall submit the challenge in writing to the department. The
26 department shall not process the challenge unless it is received
27 by the department within 45 calendar days of the mailing date of
1 the air quality fee notification described in subsection (4) (5).
2 A challenge shall identify the facility and state the grounds
3 upon which the challenge is based. Within 30 calendar days of
4 receipt of the challenge, the department shall determine the
5 validity of the challenge and provide the owner with notification
6 of a revised fee or a statement setting forth the reason or
7 reasons why the fee was not revised. Payment of the challenged or
8 revised fee is due within the time frame described in subsection
9 (4) (5). If the owner or operator of a facility desires to
10 further challenge its assessed fee, the owner or operator of the
11 facility has an opportunity for a contested case hearing as
12 provided for under the administrative procedures act of 1969,
13 1969 PA 306, MCL 24.201 to 24.328.
14 (8) (7) If
requested by the department, by March 15 of each
15 year, or within 45 days of a request by the department, whichever
16 is later, the owner or operator of each fee-subject facility
17 shall submit information regarding the facility's previous
year's
18 emissions to the department. The facility shall also submit
19
supporting information shall be sufficient
for the department to
20 calculate confirm the facility's emissions for that year and to
21 meet the requirements of subpart
A of 40 CFR 51.320 to 51.327
22 part 51.
23 (9) (8) By
July 1 of each year, the department shall provide
24 the owner or operator of each fee-subject facility required to
25 pay an emission charge pursuant to this section with a copy of
26 the department's calculation of the facility emissions for the
27 previous year. Within 60 days of this notification, the owner or
1 operator of the facility may provide corrections to the
2 department. The department shall make a final determination of
3 the emissions by December 15 of that year. If the owner or
4 operator disagrees with the determination of the department, the
5 owner or operator may request a contested case hearing as
6 provided for under the administrative procedures act of 1969,
7 1969 PA 306, MCL 24.201 to 24.328.
8 (10) (9) By
March 1 annually, the department shall prepare
9 and submit to the governor, the legislature, the chairpersons of
10 the standing committees of the senate and house of
11 representatives with primary responsibility for environmental
12 protection issues related to air quality, and the chairpersons of
13 the subcommittees of the senate and house appropriations
14 committees with primary responsibility for appropriations to the
15 department a report that details the activities of the previous
16 fiscal year funded by the fund for the department. This report
17 shall include, at a minimum, all of the following as it relates
18 to the department:
19 (a) The number of full-time equated positions performing
20 title V and non-title V air quality enforcement, compliance, or
21 permitting activities.
22 (b) All of the following information related to the permit
23 to install program authorized under section 5505:
24 (i) The number of permit to install applications received by
25 the department.
26 (ii) The number of permit to install applications for which a
27 final action was taken by the department. The number of final
1 actions should be reported as the number of applications
2 approved, the number of applications denied, and the number of
3 applications withdrawn by the applicant.
4 (iii) The number of permits to install approved that were
5 required to complete public participation under section 5511(3)
6 before final action and the number of permits to install approved
7 that were not required to complete public participation under
8 section 5511(3) prior to final action.
9 (iv) The average number of final permit actions per permit to
10 install reviewer full-time equivalent position.
11 (v) The percentage and number of permit to install
12 applications which were reviewed for administrative completeness
13 within 10 days of receipt by the department.
14 (vi) The percentage and number of permit to install
15 applications which were reviewed for technical completeness
16 within 30 days of receipt of an administratively complete
17 application by the department.
18 (vii) The percentage and number of permit to install
19 applications submitted to the department that were
20 administratively complete as received.
21 (viii) The percentage and number of permit to install
22 applications for which a final action was taken by the department
23 within 60 days of receipt of a technically complete application
24 for those not required to complete public participation under
25 section 5511(3) prior to final action, or within 120 days of
26 receipt of a technically complete application for those which are
27 required to complete public participation under section 5511(3)
1 prior to final action.
2 (c) All of the following information for the renewable
3 operating permit program authorized under section 5506:
4 (i) The number of renewable operating permit applications
5 received by the department.
6 (ii) The number of renewable operating permit applications
7 for which a final action was taken by the department. The number
8 of final actions should be reported as the number of applications
9 approved, the number of applications denied, and the number of
10 applications withdrawn by the applicant.
11 (iii) The percentage and number of permit applications
12 initially processed within the required time.
13 (iv) The percentage and number of permit renewals and
14 modifications processed within the required time.
15 (v) The number of permit applications reopened by the
16 department.
17 (vi) The number of general permits issued by the department.
18 (d) The number of letters of violation sent.
19 (e) The amount of penalties collected from all consent
20 orders and judgments.
21 (f) For each enforcement action that includes payment of a
22 penalty, a description of what corrective actions were required
23 by the enforcement action.
24 (g) The number of inspections done on sources required to
25 obtain a permit under section 5506 and the number of inspections
26 of other sources.
27 (h) The number of air pollution complaints received,
1 investigated, not resolved, and resolved by the department.
2 (i) The number of contested case hearings and civil actions
3 initiated and completed, and the number of voluntary consent
4 orders, administrative penalty orders, and emergency orders
5 entered or issued, for sources required to obtain a permit under
6 section 5506.
7 (j) The amount of revenue in the fund at the end of the
8 fiscal year.
9 (11) (10) The
report under subsection (9) (10)
shall also
10 include the amount of revenue for programs under this part
11 received during the prior fiscal year from fees, from federal
12 funds, and from general fund appropriations. Each of these
13 amounts shall be expressed as a dollar amount and as a percent of
14 the total annual cost of programs under this part.
15 (12) (11) The
attorney general may bring an action for the
16 collection of the fees imposed under this section.
17 (13) (12) This
section does not apply if the administrator
18 of the United States environmental protection agency determines
19 that the department is not adequately administering or enforcing
20 the renewable operating permit program and the administrator
21 promulgates and administers a renewable operating permit program
22 for this state.
23 Sec. 11130. (1) The environmental pollution prevention fund
24 is created in the state treasury.
25 (2) The state treasurer may receive money or other assets
26 from any source for deposit into the environmental pollution
27 prevention fund or into an account within the environmental
1 pollution prevention fund. The state treasurer shall direct the
2 investment of the environmental pollution prevention fund. The
3 state treasurer shall credit to each account within the
4 environmental pollution prevention fund interest and earnings
5 from account investments.
6 (3) Money remaining in the environmental pollution
7 prevention fund and in any account within the environmental
8 pollution prevention fund at the close of the fiscal year shall
9 not lapse to the general fund.
10 (4) The hazardous waste transporter account is created
11 within the environmental pollution prevention fund. The
12 department shall expend money from the hazardous waste
13 transporter account, upon appropriation, for the implementation
14 of this part. In addition, funds not expended for the
15 implementation of this part may be utilized for emergency
16 response and cleanup activities related to hazardous waste that
17 are initiated by the department.
18 (5) The hazardous waste and liquid industrial waste users
19 account is created within the environmental pollution prevention
20 fund. The department shall expend money from the hazardous waste
21 and liquid industrial waste users account, upon appropriation, to
22 implement the state's hazardous waste management program in
23 accordance with this part and the rules promulgated under this
24 part. The target revenue projection for the hazardous waste and
25 liquid industrial waste users account is $1,600,000.00
26 $2,500,000.00.
27 Sec. 11135. (1) A hazardous waste generator shall provide a
1 separate manifest to the transporter for each load of hazardous
2 waste transported to property that is not on the site where it
3
the hazardous waste was generated.
Beginning on October 1, 2002
4
2007 and until March 31, 2008 2012, a
person required to prepare
5 a manifest shall submit to the department a manifest processing
6 user charge of $6.00 $15.00
per manifest and his or her tax
7 identification number. Each calendar year, the department may
8 adjust the manifest processing user charge as necessary to ensure
9 that the total cumulative amount of the user charges assessed
10 pursuant to this section and sections 11153, 12103, 12109, and
11 12112 are consistent with the target revenue projection for the
12 hazardous waste and liquid industrial waste users account as
13 provided for in section 11130(5). However, the manifest
14 processing user charge shall not exceed $8.00 $20.00 per
15 manifest. Money collected under this subsection shall be
16 forwarded to the state treasurer for deposit into the
17 environmental pollution prevention fund created in section 11130
18 and credited to the hazardous waste and liquid industrial waste
19 users account created in section 11130(5).
20 (2) Payment of the manifest processing user charges under
21 subsection (1) shall be made using a form provided by the
22 department. Beginning in 2004 2008, the department shall
send a
23 form to each person subject to the manifest processing user
24 charge by February 28 March
24 of each year. The form for the
25 first billing cycle shall specify the number of manifests
26 prepared by that person that were processed by the department
27 during the months of October, November, and December 2006 and
1 calendar year 2007. The form for subsequent billing cycles shall
2 specify the number of manifests prepared by that person and that
3
were processed by the department during
the previous fiscal
4
calendar year. Beginning in 2004, a A person
subject to the
5 manifest processing user charge shall return the completed form
6 and the appropriate payment to the department by April 30 of each
7 year.
8 (3) A person who fails to provide timely and accurate
9 information, a complete form, or the appropriate manifest
10 processing user charge as provided for in this section is in
11 violation of this part and is subject to both of the following:
12 (a) Payment of the manifest processing user charge and an
13 administrative fine of 5% per month of the amount owed for each
14 the first month that the payment is delinquent and 10% for each
15
month thereafter. Any payments received
after the 15th fifteenth
16 of the month after the due date shall be considered are
17 delinquent. However, the administrative fine shall not exceed 25%
18 of the total amount owed.
19 (b) Beginning 5 months after the date payment of the
20 manifest user charge is due, but not paid, at the request of the
21 department, an action by the attorney general for the collection
22 of the amount owed under subdivision (a) and the actual cost to
23 the department in attempting to collect the amount owed under
24 subdivision (a).
25 (4) Any amounts collected under subsection (3) for a
26 violation of this section shall be forwarded to the state
27 treasurer and deposited in the environmental pollution prevention
1 fund created in section 11130 and credited to the hazardous waste
2 and liquid industrial waste users account created in section
3 11130(5).
4 (5) The department shall maintain information regarding the
5 manifest processing user charges received under this section as
6 necessary to satisfy the reporting requirements of subsection
7 (6).
8 (6) Beginning in 2005, the The department shall
evaluate the
9 effectiveness and adequacy of the manifest processing user
10 charges collected under this section relative to the overall
11 revenue needs of the state's hazardous waste management program
12 administered under this part. Beginning in 2006, not Not later
13 than April 1 of each even-numbered year, the department shall
14 summarize its findings under this subsection in a report and
15 shall provide that report to the legislature.
16 (7) A generator shall include on the manifest details as
17 specified by the department and shall at least include sufficient
18 qualitative and quantitative analysis and physical description to
19 evaluate toxicity and methods of transportation, storage, and
20 disposal. The manifest also shall include safety precautions as
21 necessary for each load of hazardous waste. The generator shall
22 submit to the department a copy of the manifest within a period
23 of 10 days after the end of
the month for each load of hazardous
24 waste transported within that month.
25 (8) The generator shall certify that the information
26 contained on the manifest is factual.
27 (9) The specified destination of each load of hazardous
1 waste identified on the manifest shall be a designated facility.
2 (10) A generator who does not receive a copy of the manifest
3 with the handwritten signature of the owner or operator of the
4 designated facility within 35 days of the date the hazardous
5 waste was accepted by the initial transporter shall contact the
6 transporter to determine the status of the hazardous waste. If
7 the generator is unable to determine the status of the hazardous
8 waste upon contacting the transporter, the generator shall
9 contact the owner or operator of the designated facility to which
10 the hazardous waste was to be transported to determine the status
11 of the hazardous waste.
12 (11) A generator shall submit an exception report to the
13 department if the generator has not received a copy of the
14 manifest with the handwritten signature of the owner or operator
15 of the designated facility within 45 days of the date the
16 hazardous waste was accepted by the initial transporter. The
17 exception report shall include the following:
18 (a) A legible copy of the manifest for which the generator
19 does not have confirmation of delivery.
20 (b) A cover letter signed by the generator or the
21 generator's authorized representative explaining the efforts
22 taken to locate the hazardous waste and the results of those
23 efforts.
24 (12) A generator shall keep a copy of each manifest signed
25 and dated by the initial transporter for 3 years or until the
26 generator receives a signed and dated copy from the owner or
27 operator of the designated facility that received the hazardous
1 waste. The generator shall keep the copy of the manifest signed
2 and dated by the owner or operator of the designated facility for
3 3 years. The retention periods required by this subsection shall
4 be automatically extended during the course of any unresolved
5 enforcement action regarding the regulated activity or as
6 required by the department.
7 Sec. 11153. (1) A generator, transporter, or treatment,
8 storage, or disposal facility shall obtain and utilize a site
9 identification number assigned by the United States environmental
10 protection agency or the department. Beginning on October 1, 2002
11
2007 and until March 31, 2008 2012,
the department shall assess a
12 site identification number user charge of $50.00 $100.00 for
each
13 site identification number it issues. The department shall not
14 issue a site identification number under this subsection unless
15 the site identification number user charge and the tax
16 identification number for the person applying for the site
17 identification number have been received by the department.
18 (2) Beginning on October 1, 2002 2007 and
until March 31,
19 2008 2012, except as provided in subsection (9), the
department
20 shall annually assess handler user charges as follows:
21 (a) A generator shall pay a handler user charge that is the
22 highest of the following applicable fees:
23 (i) A generator who generates more than 100 kilograms but
24 less than 1,000 kilograms of hazardous waste in any month during
25 a the calendar year shall pay to the department an annual
handler
26 user charge of $100.00 $200.00.
27 (ii) A generator who generates 1,000 kilograms or more of
1 hazardous waste in any month during the calendar year and who
2 generates less than 900,000 kilograms during the calendar year
3 shall pay to the department an annual handler user charge of
4 $400.00 $1,000.00.
5 (iii) A generator who generates 1,000 kilograms or more of
6 hazardous waste in any month during the calendar year and who
7 generates 900,000 kilograms or more of hazardous waste during the
8 calendar year shall pay to the department an annual handler user
9 charge of $1,000.00 $2,500.00.
10 (b) An owner or operator of a treatment, storage, or
11 disposal facility for which an operating license is required
12 under section 11123 or for which an operating license has been
13 issued under section 11122 or 11125, and is actively engaging in
14 hazardous waste management activities, shall pay to the
15 department an annual handler user charge of $2,000.00 $6,000.00.
16 An owner or operator of a treatment, storage, or disposal
17 facility that is not actively engaged in hazardous waste
18 activities except for those activities associated with
19 postclosure obligations shall pay to the department an annual
20 handler charge of $2,000.00.
21 (c) A used oil processor or rerefiner, a used oil burner, or
22 a used oil fuel marketer as defined in the rules promulgated
23 under this part shall pay to the department an annual handler
24 user charge of $100.00 $200.00.
25 (3) The handler user charges shall be based on each of the
26 activities engaged in by the handler during the previous calendar
27 year. A handler shall pay the handler user charge specified in
1 subsection (2)(a) to (c) for each of the activities conducted
2 during the previous calendar year.
3 (4) Payment of the handler user charges shall be made using
4 a form provided by the department. The handler shall certify that
5 the information on the form is accurate. Beginning in 2003 2008,
6 the department shall send forms to the handlers by February 28
7 March 24 of each year unless the handler user charges have been
8 suspended as provided for in subsection (9). Beginning in 2003
9 2008, a handler shall return the completed forms and the
10 appropriate payment to the department by April 30 of each year
11 unless the handler user charges have been suspended as provided
12 for in subsection (9).
13 (5) A handler who fails to provide timely and accurate
14 information, a complete form, or the appropriate handler user
15 charge is in violation of this part and is subject to both of the
16 following:
17 (a) Payment of the handler user charge and an administrative
18 fine of 5% per month of the amount owed for each month that the
19 payment is delinquent. Any payments received after the 15th of
20 the month after the due date shall be considered are delinquent.
21 However, the administrative fine shall not exceed 25% of the
22 total amount owed.
23 (b) Beginning 5 months after the date payment of the handler
24 user charge is due, but not paid, at the request of the
25 department, an action by the attorney general for the collection
26 of the amount owed under subdivision (a) and the actual cost to
27 the department in attempting to collect the amount owed under
1 subdivision (a).
2 (6) The department shall maintain information regarding the
3 site identification number user charges under subsection (1) and
4 the handler user charges received under this section as necessary
5 to satisfy the reporting requirements of subsection (8).
6 (7) The site identification number user charges and the
7 handler user charges collected under this section and any amounts
8 collected under subsection (5) for a violation of this section
9 shall be forwarded to the state treasurer and deposited in the
10 environmental pollution prevention fund created in section 11130
11 and credited to the hazardous waste and liquid industrial waste
12 users account created in section 11130(5).
13 (8) Beginning in 2005, the The department shall
evaluate the
14 effectiveness and adequacy of the site identification number user
15 charges and the handler user charges collected under this section
16 relative to the overall revenue needs of the state's hazardous
17 waste management program administered under this part. Beginning
18 in 2006, not Not later than April 1 of each even-numbered year,
19 the department shall summarize its findings under this subsection
20 in a report and shall provide that report to the state
21 legislature.
22 (9) Notwithstanding any other provision in this section, if
23 the balance of the hazardous waste and liquid industrial waste
24 users account created in section 11130(5), as of December 31 of
25 any year, exceeds $3,200,000.00, the department shall suspend the
26 handler user charges until October of the following year.
27 (10) As used in this section:
1 (a) "Handler" means the person required to pay the handler
2 user charge.
3 (b) "Handler user charge" means the annual hazardous waste
4 management program user charge provided for in subsection (2).
5 Sec. 11507a. (1) The owner or operator of a landfill or
6 municipal solid waste incinerator shall annually submit a report
7 to the state and the county and municipality in which the
8 landfill or municipal solid waste incinerator is located that
9 contains information on the amount of solid waste received by the
10 landfill or municipal solid waste incinerator during the year
11 itemized, to the extent possible, by county, state, or country of
12 origin. and The
owner or operator of a landfill shall also report
13 the amount of remaining disposal capacity at the landfill.
14 Remaining disposal capacity shall be calculated as the permitted
15 capacity less waste in place for any area that has been
16 constructed and is not yet closed plus the permitted capacity for
17 each area that has a permit for construction under this part but
18 has not yet been constructed. The report shall be submitted on a
19 form provided by the department within 45 30 days
following the
20 end of each state fiscal year.
21 (2) By January 31 of each year, the department shall submit
22 to the legislature a report summarizing the information obtained
23 under subsection (1).
24 Sec. 11525. (1) The owner or operator of a landfill shall
25 establish and maintain a perpetual care fund for a period of 30
26 years after final closure of the landfill as specified in this
27 section. A perpetual care fund may be established as a trust or
1 an escrow account and may be used to demonstrate financial
2 assurance for type II landfills under section 11523 and section
3 11523a.
4 (2) Except as otherwise provided in this section, the owner
5 or operator of a landfill shall deposit into his or her perpetual
6 care fund 75 cents for each ton or portion of a ton or 25 cents
7 for each cubic yard or portion of a cubic yard of solid waste
8 that is disposed of in the landfill after June 17, 1990. The
9 deposits shall be made not less than semiannually until the fund
10 reaches the maximum required fund amount. As of July 1, 1996, the
11 maximum required fund amount is $1,156,000.00. This amount shall
12 be annually adjusted for inflation and rounded to the nearest
13 thousand. The department shall adjust the maximum required fund
14 amount for inflation annually by multiplying the amount by an
15 inflation factor derived from the most recent bureau of
16 reclamation composite index published by the United States
17 department of commerce or another index more representative of
18 the costs of closure and postclosure monitoring and maintenance
19 as determined appropriate by the department.
20 (3) The owner or operator of a landfill that is used for the
21 disposal of the following materials shall deposit into the
22 perpetual care fund 7.5 cents for each ton or cubic yard or
23 portion of a ton or cubic yard of the following materials that
24 are disposed of in the landfill after June 17, 1990:
25 (a) Coal ash, wood ash, or cement kiln dust that is disposed
26 of in a landfill that is used only for the disposal of coal ash,
27 wood ash, or cement kiln dust, or a combination of these
1 materials, or that is permanently segregated in a landfill.
2 (b) Wastewater treatment sludge or sediments from wood pulp
3 or paper producing industries that is disposed of in a landfill
4 that is used only for the disposal of wastewater treatment sludge
5 and sediments from wood pulp or paper producing industries, or
6 that is permanently segregated in a landfill.
7 (c) Foundry sand or other material that is approved by the
8 department for use as daily cover at an operating landfill, that
9 is disposed of in a landfill that is used only for the disposal
10 of foundry sand, or that is permanently segregated in a landfill.
11 (4) The owner or operator of a landfill that is used only
12 for the disposal of a mixture of 2 or more of the materials
13 described in subsection (3)(a) to (c) or in which a mixture of 2
14 or more of these materials are permanently segregated shall
15 deposit into the perpetual care fund 7.5 cents for each ton or
16 cubic yard or portion of a
ton or cubic yard of these materials
17 that are disposed of in the landfill after July 1, 1996.
18 (5) Money is not required to be deposited into a perpetual
19 care fund for materials that are regulated under part 631.
20 (6) The owner or operator of a landfill may contribute
21 additional amounts into the perpetual care fund at his or her
22 discretion.
23 (7) The custodian of a perpetual care fund shall be a bank
24 or other financial institution that has the authority to act as a
25 custodian and whose account operations are regulated and examined
26 by a federal or state agency. Until the perpetual care fund
27 reaches the maximum required fund amount, the custodian of a
1 perpetual care fund shall credit interest and earnings of the
2 perpetual care fund to the perpetual care fund. However, upon the
3 direction of the owner or operator, the custodian may utilize the
4 interest and earnings of the perpetual care fund to pay the solid
5 waste management program administration fee or the surcharge
6 required by section 11525a for the landfill for which the
7 perpetual care fund was established. After the perpetual care
8 fund reaches the maximum required fund amount, interest and
9 earnings shall be distributed as directed by the owner or
10 operator. The agreement governing the operation of the perpetual
11 care fund shall be executed on a form consistent with this part
12 as prepared by the department. The custodian may be compensated
13 from the fund for reasonable fees and costs incurred for his or
14 her responsibilities as custodian. The custodian of a perpetual
15 care fund shall annually make an accounting to the department
16 within 30 days following the close of the state fiscal year.
17 (8) The custodian of a perpetual care fund shall not
18 disburse any funds to the owner or operator of a landfill for the
19 purposes of the perpetual care fund except upon the prior written
20 approval of the department. However, the custodian shall ensure
21 the filing of all required tax returns for which the perpetual
22 care fund is liable and shall disburse funds to pay lawfully due
23 taxes owed by the perpetual care fund without permission of the
24 department, and may disburse interest and earnings of the
25 perpetual care fund to pay the solid waste management program
26 administration fee or the surcharge required by section 11525a as
27 provided in subsection (7). The owner or operator of the landfill
1 shall provide notice of requests for disbursement and denials and
2 approvals to the custodian of the perpetual care fund. Requests
3 for disbursement from a perpetual care fund shall be submitted
4 not more frequently than semiannually. The owner or operator of a
5 landfill may request disbursement of funds from a perpetual care
6 fund whenever the amount of money in the fund exceeds the maximum
7 required fund amount. The department shall approve the
8 disbursement provided the total amount of financial assurance
9 maintained meets the requirements of sections 11523 and 11523a.
10 As used in this subsection, "maximum required fund amount" means:
11 (a) For those landfills containing only those materials
12 specified in subsection (3), an amount equal to 1/2 of the
13 maximum required fund amount specified in subsection (2).
14 (b) For all other landfills, an amount equal to the maximum
15 required fund amount specified in subsection (2).
16 (9) If the owner or operator of a landfill refuses or fails
17 to conduct closure, postclosure monitoring and maintenance, or
18 corrective action as necessary to protect the public health,
19 safety, or welfare, or the environment or fails to request the
20 disbursement of money from a perpetual care fund when necessary
21 to protect the public health, safety, or welfare, or the
22 environment, or fails to pay the solid waste management program
23 administration fee or the surcharge required under section
24 11525a, then the department may require the disbursement of money
25 from the perpetual care fund and may expend the money for
26 closure, postclosure monitoring and maintenance, and corrective
27 action, as necessary. The department may assess a perpetual care
1 fund for administrative costs associated with actions taken under
2 this subsection.
3 (10) Upon approval by the department of a request to
4 terminate financial assurance for a landfill under section
5 11525b, any money in the perpetual care fund for that landfill
6 shall be disbursed by the custodian to the owner of the landfill
7 unless a contract between the owner and the operator of the
8 landfill provides otherwise.
9 (11) The owner of a landfill shall provide notice to the
10 custodian of the perpetual care fund for that landfill if there
11 is a change of ownership of the landfill. The custodian shall
12 maintain records of ownership of a landfill during the time in
13 which a perpetual care fund is established.
14 (12) This section does not relieve an owner or operator of a
15 landfill of any liability that he or she may have under this part
16 or as otherwise provided by law.
17 (13) This section does not create a cause of action at law
18 or in equity against a custodian of a perpetual care fund other
19 than for errors or omissions related to investments, accountings,
20 disbursements, filings of required tax returns, and maintenance
21 of records required by this section or the applicable perpetual
22 care fund.
23 (14) As used in this section, "custodian" means the trustee
24 or escrow agent of a perpetual care fund.
25 Sec. 11525a. (1) Until October 1, 2003, a solid waste
26 program administration fee is imposed upon the owners or
27 operators of landfills in the state. The annual cumulative total
1 amount of this fee shall be $1,040,000.00 as this amount is
2 annually adjusted for inflation beginning in 1997 using the
3 Detroit consumer price index. As used in this section, "Detroit
4 consumer price index" means the most comprehensive index of
5 consumer prices available for the Detroit area from the United
6 States department of labor, bureau of labor statistics.
7 (2) The department shall apportion the cumulative solid
8 waste program administration fee among the operating landfills in
9 the state. The apportionment shall be made on the basis of each
10 landfill's pro rata share of the cumulative total of amounts
11 maintained in individual perpetual care funds in the state.
12 (3) By November 1, 2003, the owner or operator of a landfill
13 shall report to the department the total amount of assets in its
14 perpetual care fund. The department shall determine the
15 cumulative total amount of perpetual care funds in the state but
16 shall not credit any individual landfill more than the maximum
17 required fund amount established in section 11525(2). The
18 department shall determine each landfill's pro rata share of
19 perpetual care fund contributions using this amount.
20 (4) By December 1, 2003, the department shall notify the
21 owner or operator of each landfill of its assessed share of the
22 solid waste program administration fee. By January 1, 2004, the
23 owner or operator of a landfill shall pay his or her assessed
24 share of the solid waste program administration fee.
25 (5) Solid waste program administration fees collected under
26 this section shall be forwarded to the state treasurer for
27 deposit in the solid waste staff account of the solid waste
1 management fund established in section 11550.
2 (1) (6) Beginning
January 1, 2004, and until October 1,
3 2007, the owner or operator of a landfill, and beginning October
4 1, 2007 and until September 30, 2008, the owner or operator of a
5 landfill or municipal solid waste incinerator, shall pay a
6 surcharge as follows:
7 (a) Except as provided in subdivision (b), 7 21 cents
for
8 each cubic yard ton
or portion of a cubic yard ton of
solid waste
9 or municipal solid waste incinerator ash that is disposed of in
10 the landfill during the previous quarter of the state fiscal
11 year.
12 (b) For type III landfills that are captive facilities, the
13 following annual amounts:
14 (i) For a captive facility that receives 100,000 or more
15 cubic yards tons of waste, $3,000.00.
16 (ii) For a captive facility that receives 75,000 or more but
17 less than 100,000 cubic yards tons of waste, $2,500.00.
18 (iii) For a captive facility that receives 50,000 or more but
19 less than 75,000 cubic yards tons of waste, $2,000.00.
20 (iv) For a captive facility that receives 25,000 or more but
21 less than 50,000 cubic yards tons of waste, $1,000.00.
22 (v) For a captive facility that receives less than 25,000
23 cubic yards tons of waste, $500.00.
24 (2) Beginning October 1, 2008 and until October 1, 2012, the
25 surcharge is as follows:
26 (a) Except as provided in subdivision (b):
27 (i) From October 1, 2008 until September 30, 2009, 24 cents
1 for each ton or portion of a ton of solid waste or municipal
2 solid waste incinerator ash that is disposed of in the landfill
3 or at the municipal solid waste incinerator.
4 (ii) From October 1, 2009 until September 30, 2010, 27 cents
5 for each ton or portion of a ton of solid waste or municipal
6 solid waste incinerator ash that is disposed of in the landfill
7 or at the municipal solid waste incinerator.
8 (iii) From October 1, 2010 until October 1, 2012, 30 cents for
9 each ton or portion of a ton of solid waste or municipal solid
10 waste incinerator ash that is disposed of in the landfill or at
11 the municipal solid waste incinerator.
12 (b) For type III landfills that are captive facilities, the
13 following annual amounts:
14 (i) For a captive facility that receives 100,000 or more tons
15 of waste, $4,500.00.
16 (ii) For a captive facility that receives 75,000 or more but
17 less than 100,000 tons of waste, $3,500.00.
18 (iii) For a captive facility that receives 50,000 or more but
19 less than 75,000 tons of waste, $3,000.00.
20 (iv) For a captive facility that receives 25,000 or more but
21 less than 50,000 tons of waste, $1,500.00.
22 (v) For a captive facility that receives less than 25,000
23 tons of waste, $800.00.
24 (3) (7) The
owner or operator of a landfill or municipal
25 solid waste incinerator shall pay the surcharge under subsection
26 (6)(a) (1)(a) or
(2)(a) within 30 days after the end of
each
27 quarter of the state fiscal year. The owner or operator of a type
1 III landfill that is a captive facility shall pay the surcharge
2 under subsection (6)(b) (1)(b)
or (2)(b) by January 31 of each
3 year.
4 (4) (8) The
owner or operator of a landfill or municipal
5 solid waste incinerator who is required to pay the surcharge
6 under subsection (6) may (1) or (2) shall pass
through and
7 collect the surcharge from any person who generated the solid
8 waste or who arranged for its delivery to the solid waste hauler
9 or transfer facility notwithstanding the provisions of any
10 contract or agreement to the contrary or the absence of any
11 contract or agreement.
12 (5) (9) Surcharges
collected under this section shall be
13 forwarded to the state treasurer for deposit in the solid waste
14 staff account of the solid waste management fund established in
15 section 11550.
16 (6) (10) As
used in this section, "captive facility" means a
17 landfill that accepts for disposal only nonhazardous industrial
18 waste generated only by the owner of the landfill or a
19 nonhazardous industrial waste landfill that is specified in
20 section 11525(3).
21 Sec. 12103. (1) A generator shall do all of the following:
22 (a) Characterize the waste in accordance with the
23 requirements of part 111, and rules promulgated under that part,
24 and maintain records of the characterization.
25 (b) Obtain and utilize a site identification number assigned
26 by the United States environmental protection agency or the
27 department. Beginning on October 1, 2002 2007 and
until March 31,
1 2008 2012, the department shall assess a site identification
2 number user charge of $50.00 $100.00 for each site
identification
3 number it issues. The department shall not issue a site
4 identification number under this subdivision unless the site
5 identification number user charge and the tax identification
6 number for the person applying for the site identification number
7 have been received. Money collected under this subdivision shall
8 be forwarded to the state treasurer for deposit into the
9 environmental pollution prevention fund created in section 11130
10 and credited to the hazardous waste and liquid industrial waste
11 users account created in section 11130(5).
12 (c) If transporting by highway, engage, employ, or contract
13 for the transportation of liquid industrial waste only with a
14 transporter registered and permitted under the hazardous
15 materials transportation act.
16 (d) Except as otherwise provided in this part, utilize and
17 retain a separate manifest for each shipment of liquid industrial
18 waste transported to a designated facility. The department may
19 authorize the use of a consolidated manifest, for waste loads
20 that are multiple pickups of uniform types of wastes that
21 constitute a single shipment of waste. In this case, a receipt
22 shall be obtained from the transporter documenting the
23 transporter's company name, driver's signature, date of pickup,
24 type and quantity of waste accepted from the generator, the
25 consolidated manifest number, and the designated facility. A
26 generator of brine may complete a single manifest per transporter
27 of brine, per disposal well, each month.
1 (e) Submit a copy of the manifest to the department by the
2 tenth day after the end of the month in which a load of waste is
3 transported.
4 (f) Certify that at the time the transporter picks up liquid
5 industrial waste the information contained on the manifest is
6 factual by signing the manifest. This certification is to be by
7 the generator or his or her authorized representative.
8 (g) Provide to the transporter the signed copies of the
9 manifest to accompany the liquid industrial waste to the
10 designated facility.
11 (h) If a copy of the manifest, with a handwritten signature
12 of the owner or operator of the designated facility, is not
13 received within 35 days after the date the waste was accepted by
14 the initial transporter, contact the transporter or owner or
15 operator of the designated facility, or both, to determine the
16 status of the waste.
17 (i) Submit an exception report to the department if a copy
18 of the manifest is not received with the handwritten signature of
19 the owner or operator or his or her authorized representative of
20 the designated facility within 45 days after the date the waste
21 was accepted by the initial transporter. The exception report
22 shall include both of the following:
23 (i) A legible copy of the manifest for which the generator
24 does not have confirmation of delivery.
25 (ii) A cover letter signed by the generator explaining the
26 efforts taken to locate the waste and the results of those
27 efforts.
1 (2) A generator who also operates an on-site reclamation,
2 treatment, or disposal facility shall keep records of all liquid
3 waste produced and reclaimed, treated, or disposed of at his or
4 her facility.
5 (3) A generator shall retain all records required pursuant
6 to this part for a period of at least 3 years, and shall make
7 those records readily available for review and inspection by the
8 department or a peace officer. The retention period required by
9 this subsection is automatically extended during the course of
10 any unresolved enforcement action regarding the regulated
11 activity or as otherwise required by the department.
12 (4) A generator transporting its own waste in quantities of
13 55 gallons or less is not subject to manifest requirements if all
14 of the following conditions are met:
15 (a) The waste is accompanied by a record showing the source
16 and quantity of the waste and the designated facility where the
17 waste is being transported.
18 (b) The generator obtains a signature from the designated
19 facility acknowledging receipt of the waste and provides a copy
20 of the record of shipment to the designated facility.
21 (c) The generator retains a copy of the record of shipment
22 as part of the generator records.
23 (d) The designated facility is managed in accordance with
24 this part.
25 Sec. 12109. (1) A liquid industrial waste transporter shall
26 certify acceptance of waste for transportation by completing the
27 transporter section of the manifest, and shall deliver the liquid
1 industrial waste and accompanying manifest only to the designated
2 facility specified by the generator on the manifest.
3 (2) The liquid industrial waste transporter shall retain all
4 records required pursuant to this part for a period of at least
3
5 years, and shall make those records readily available for review
6 and inspection by the department or a peace officer. The
7 retention period required in this subsection is automatically
8 extended during the course of any unresolved enforcement action
9 regarding an activity regulated under this part or as required by
10 the department.
11 (3) The department may authorize, for certain waste streams,
12 the use of a consolidated manifest as authorized under section
13 12103(1)(d). In this case, the transporter shall give to the
14 generator a receipt documenting the transporter's company name,
15 driver's signature, date of pickup, type and quantity of waste
16 removed, the consolidated manifest number, and the designated
17 facility.
18 (4) A transporter shall maintain a trip log for consolidated
19 manifest shipments and for brine shipments. The transporter shall
20 do all of the following:
21 (a) Identify on the trip log the consolidated manifest
22 number, the generator, date of pickup, type and quantity of
23 waste, and the designated facility location for each shipment of
24 waste.
25 (b) Keep a copy of all trip logs available during
26 transportation, at a minimum, for the current shipment in
27 transportation and retain these records as specified in
1 subsection (2).
2 (c) Obtain and utilize a site identification number assigned
3 by the United States environmental protection agency or the
4 department. Beginning on October 1, 2002 2007 and
until March 31,
5 2008 2012, the department shall assess a site identification
6 number user charge of $50.00 $100.00 for each site
identification
7 number it issues. The department shall not issue a site
8 identification number under this subdivision unless the site
9 identification number user charge and the tax identification
10 number for the person applying for the site identification number
11 have been received. Money collected under this subdivision shall
12 be forwarded to the state treasurer for deposit into the
13 environmental pollution prevention fund created in section 11130
14 and credited to the hazardous waste and liquid industrial waste
15 users account created in section 11130(5).
16 Sec. 12112. (1) The owner or operator of a facility that
17 accepts liquid industrial waste shall accept delivery of waste at
18 the designated facility only if delivery is accompanied by a
19 manifest or consolidated manifest properly certified by the
20 generator and the transporter and the facility is the destination
21 indicated on the manifest. The facility owner or operator shall
22 do all of the following:
23 (a) Obtain and utilize a site identification number either
24 assigned from the United States environmental protection agency
25 or the department. Beginning on October 1, 2002 2007 and
until
26 March 31, 2008 2012, the department shall assess a site
27 identification number user charge of $50.00 $100.00 for
each site
1 identification number it issues. The department shall not issue a
2 site identification number under this subdivision unless the site
3 identification number user charge and the tax identification
4 number for the person applying for the site identification number
5 have been received. Money collected under this subdivision shall
6 be forwarded to the state treasurer for deposit into the
7 environmental pollution prevention fund created in section 11130
8 and credited to the hazardous waste and liquid industrial waste
9 users account created in section 11130(5).
10 (b) Certify on the manifest receipt of the liquid industrial
11 waste by completing the facility section of the manifest and
12 returning a signed copy of the manifest to the department within
13 a period of 10 days after the end of the month for all liquid
14 industrial waste received within the month.
15 (c) Return a signed copy of the manifest to the generator.
16 (d) Maintain records of the characterization of the waste.
17 Characterization shall be in accordance with the requirements of
18 part 111.
19 (2) All storage, treatment, and reclamation of liquid
20 industrial waste at the designated facility shall be in either
21 containers or tanks or as otherwise specified in section 12113(5)
22 or (6). Storage, treatment, or reclamation regulated under part
23 615 or the rules, orders, or instructions under part 615, or
24 under part C of title XIV of the public health service act,
25 chapter 373, 88 Stat. 1674, 42
U.S.C. USC 300h to 300h-8, or the
26 regulations promulgated under that act are exempt from this
27 subsection.
1 (3) The owner or operator of a designated facility shall
2 retain all records required pursuant to this part for a period of
3 at least 3 years and shall make those records readily available
4 for review and inspection by the department or a peace officer.
5 The retention period required by this subsection is automatically
6 extended during the course of any unresolved enforcement action
7 regarding the regulated activity or as required by the
8 department.
9 Sec. 14301. As used in this part:
10 (a) "Department" means the department of environmental
11 quality.
12 (b) "Environmental wastes" means all environmental
13 pollutants, wastes, discharges, and emissions, regardless of how
14 they are regulated and regardless of whether they are released to
15 the general environment or the workplace environment.
16 (c) "Establishment" means an economic unit, generally at a
17 single physical location where business is conducted or where
18 services or industrial operations are performed.
19 (d) "Facilities" means all buildings, equipment, structures,
20 and other stationary items that are located on a single site or
21 on contiguous or adjacent sites and that are owned or operated by
22 the same person or by any person that controls, is controlled by,
23 or is under common control with that person. A facility may
24 contain more than 1 establishment.
25 (e) (c) "Pollution
prevention" means all of the following:
26 (i) "Source reduction" as defined in the pollution prevention
27 act of 1990, subtitle G of title VI of the omnibus budget
1 reconciliation act of 1990, Public Law 101-508, 42 U.S.C. USC
2 13101 to 13109.
3 (ii) "Pollution prevention" as described in the United States
4 environmental protection agency's pollution prevention statement
5 dated June 15, 1993.
6 (iii) Environmentally sound on-site or off-site reuse or
7 recycling.
8 (f) "Pollution prevention program fee" means the fee imposed
9 on persons and facilities under section 14307.
10 (g) "Toxic chemical" means a chemical or chemical category
11 listed in 40 CFR 372.65.
12 Sec. 14307. (1) Beginning on January 1, 2008, a pollution
13 prevention program fee is imposed on all persons required under
14 section 313 of subtitle B of the emergency planning and community
15 right-to-know act of 1986, 42 USC 11023, to submit a toxic
16 chemical release form to the department and the United States
17 environmental protection agency, as follows:
18 (a) A fee of $1,000.00 for facilities or establishments that
19 reported less than 25,000 pounds of toxic chemicals released,
20 disposed of, and treated.
21 (b) A fee at a rate of 4 cents per pound for facilities or
22 establishments that reported 25,000 pounds or more of toxic
23 chemicals released, disposed of, and treated. However, the total
24 fees under this subdivision shall not exceed $10,000.00 per
25 facility or establishment.
26 (c) A fee of $1,000.00 for facilities or establishments that
27 are not covered by subdivision (a) or (b).
1 (2) Fees required under this section shall be based on the
2 most recent toxic chemical release form received by the
3 department and the United States environmental protection agency.
4 The fees shall be paid to the department annually by July 1,
5 regardless of changes in the reporting frequency in 42 USC 11023.
6 (3) The fees collected under this section shall be forwarded
7 to the state treasurer and deposited in the waste reduction fund
8 created in section 11108.
9 (4) A facility or establishment that submits a revision in
10 its toxic chemical release inventory form to the department and
11 United States environmental protection agency that indicates a
12 decrease in the reported amount of toxic pollutant released,
13 disposed of, and treated is eligible for a credit toward future
14 fees in accordance with subsection (1) if the facility or
15 establishment files a request for a credit with the department
16 within 12 months of when the fees were paid.
17 (5) A facility or establishment that submits a revision in
18 its toxic chemical release inventory form to the department and
19 United States environmental protection agency that indicates an
20 increase in the amount of toxic pollutant released, disposed of,
21 and treated such that it increases the fees in accordance with
22 subsection (1) shall submit the additional amount due to the
23 department no later than 60 days after the revision is submitted.
24 Sec. 30104. (1) A person shall not undertake a project
25 subject to this part except as authorized by a permit issued by
26 the department pursuant to part 13. An application for a permit
27 shall include any information that may be required by the
1 department. If a project includes activities at multiple
2 locations, 1 application may be filed for the combined
3 activities.
4 (2) Except as provided in subsections (3) and (4), until
5 October 1, 2008, an
application for a permit shall be accompanied
6 by a fee based on an administrative cost in accordance with the
7 following schedule:
8 (a) For a minor project listed in R 281.816 of the Michigan
9 administrative code, or a seasonal drawdown or the associated
10 reflooding, or both, of a dam or impoundment for the purpose of
11 weed control, a fee of $50.00 $250.00. However, for a
permit for
12 a seasonal drawdown or associated reflooding, or both, of a dam
13 or impoundment for the purpose of weed control that is issued for
14 the first time after October 9,
1995, an initial fee of $500.00
15 $1,750.00 with subsequent permits for the same purpose being
16 assessed a $50.00 $450.00
fee.
17 (b) For authorization under a general permit, a $50.00
18 $150.00 fee.
19 (c) For construction or expansion of a marina, a fee of:
20 (i) $50.00 $175.00 for
an expansion of 1-10 slips to an
21 existing permitted marina.
22 (ii) $100.00 $350.00 for
a new marina with 1-10 proposed
23 marina slips.
24 (iii) $250.00 $875.00 for
an expansion of 11-50 slips to an
25 existing permitted marina, plus $10.00 $35.00 for
each slip over
26 50.
27 (iv) $500.00 $1,750.00 for a new marina with 11-50 proposed
1 marina slips, plus $10.00 $35.00 for each slip over
50.
2 (v) $1,500.00 $5,250.00 if an existing permitted marina
3 proposes maintenance dredging of 10,000 cubic yards or more or
4 the addition of seawalls, bulkheads, or revetments of 500 feet or
5 more.
6 (vi) $500.00 to reconfigure a marina within its existing
7 footprint.
8 (vii) (d) For renewal of To maintain a marina operating
9 permit, a an
annual fee of $50.00 $13.50 for each slip shall be
10 submitted to the department by February 1 each year. For fee
11 assessment purposes, every 40 feet of broadside dockage shall
12 constitute 1 slip. The department may issue a marina operating
13 permit for a period of up to 5 years.
14 (d) Ecological restorations by state, federal, or nonprofit
15 conservation agencies or organizations, a fee of $500.00.
16 (e) For major projects other than a project described in
17 subdivision (c)(v), involving any of the following, a fee of
18 $2,000.00 $7,000.00:
19 (i) Dredging of 10,000 cubic yards or more.
20 (ii) Filling of 10,000 cubic yards or more.
21 (iii) Seawalls, bulkheads, or revetments of 500 feet or more.
22 (iv) Filling or draining of 1 acre or more of wetland
23 contiguous to a lake or stream.
24 (v) New dredging or upland boat basin excavation in areas of
25 suspected contamination.
26 (vi) Shore projections, such as groins and underwater
27 stabilizers, that extend 150 feet or more into a lake or stream.
1 (vii) New commercial docks or wharves of 300 feet or more in
2 length.
3 (viii) Stream enclosures 100 feet or more in length.
4 (ix) Stream relocations 500 feet or more in length.
5 (x) New
golf courses.
6 (xi)
Subdivisions.
7 (xii)
Condominiums.
8 (f) For all other projects not listed in subdivisions (a)
9 through (e), a fee of $500.00 $1,750.00.
10 (g) A request for a minor revision to a permit or to
11 transfer a permit to a new owner shall be accompanied by a fee of
12 $250.00.
13 (h) A request for extension of a permit shall be accompanied
14 by a fee of $150.00. An expired permit shall not be extended nor
15 shall a permit be extended beyond 5 years from the date of
16 initial issuance.
17 (3) The department shall waive the annual slip fee under
18 subsection (2)(c) for the first year of operation after new slips
19 are constructed. However, if a marina is operating without a
20 marina operating permit after January 1, 2009 and the department
21 determines that a marina can be authorized, the slip fee shall be
22 2 times the established fee for the first year of operation.
23 (4) The department shall adjust the fees under this section
24 in 2010 and every fifth year thereafter by an amount determined
25 by the state treasurer to reflect the cumulative annual
26 percentage change in the Detroit consumer price index, rounded to
27 the nearest dollar.
1 (5) (3) A
project that requires review and approval under
2 this part and 1 or more of the following acts or parts of acts is
3 subject to only the single highest permit fee required under this
4 part or the following acts or parts of acts:
5 (a) Part 303.
6 (b) Part 323.
7 (c) Part 325.
8 (d) Section 3104.
9 (e) Section 117 of the land division act, 1967 PA 288, MCL
10 560.117.
11 (6) (4) If
work has been done in violation of a permit
12 requirement without
first obtaining a required permit under
this
13 part and restoration is not ordered by the department, the
14 department may accept an application for a permit if the
15 application is accompanied by a fee equal to 2 times the permit
16 fee required under this section.
17 Sec. 30109. Upon the written request of a riparian owner and
18 upon payment of a service fee, the department may enter into a
19 written agreement with a riparian owner establishing the location
20 of the ordinary high-water mark for his or her property. In the
21 absence of substantially changed conditions, the agreement shall
22 be conclusive proof of the location in all matters between the
23 state and the riparian owner and his or her successors in
24 interest. Until October 1, 2008, the The service
fee provided for
25 in this section shall be $500.00 $1,750.00. The department
shall
26 forward all service fees to the state treasurer for deposit into
27 the fund.
1 Sec. 30112. (1) The department may commence a civil action
2 in the circuit court of the county in which a violation occurs to
3 enforce compliance with this part, to restrain violation of this
4 part or any action contrary to an order of the department denying
5 a permit, to enjoin the further performance of, or order the
6 removal of, any project that is undertaken contrary to this part
7 or after denial of a permit by the department, or to order the
8 restoration of the affected area to its prior condition.
9 (2) In a civil action commenced under this part, the circuit
10 court, in addition to any other relief granted, may assess a
11 civil fine of not more than $5,000.00 $10,000.00 per day for each
12 day of violation.
13 (3) Except as provided in subsection (4), a person who
14 violates this part or a permit issued under this part is guilty
15 of a misdemeanor, punishable by a fine of not more than
16 $10,000.00 $20,000.00
per day for each day of violation.
17 (4) A person who commits a minor offense is guilty of a
18 misdemeanor, punishable by a fine of not more than $500.00
19 $1,000.00 for each violation. A law enforcement officer may issue
20 and serve an appearance ticket upon a person for a minor offense
21 pursuant to sections 9a 9c
to 9g of chapter IV of the code of
22 criminal procedure, Act No. 175 of the Public Acts of 1927, being
23 sections 764.9a to 764.9g of the Michigan Compiled Laws 1927 PA
24 175, MCL 764.9c to 764.9g.
25 (5) A person who knowingly makes a false statement,
26 representation, or certification in an application for a permit
27 or in a notice or report required by a permit, or a person who
1 knowingly renders inaccurate any monitoring device or method
2 required to be maintained by a permit, is guilty of a
3 misdemeanor, punishable by a fine of not more than $10,000.00
4 $20,000.00 per day for each day of violation.
5 (6) Any civil penalty assessed, sought, or agreed to by the
6 department shall be appropriate to the violation.
7 Sec. 30306. (1) Except as provided in section 30307(6), to
8 obtain a permit for a use or development listed in section 30304,
9 a person shall file an application with the department on a form
10 provided by the department. The application shall include all of
11 the following:
12 (a) The person's name and address.
13 (b) The location of the wetland.
14 (c) A description of the wetland on which the use or
15 development is to be made.
16 (d) A statement and appropriate drawings describing the
17 proposed use or development.
18 (e) The wetland owner's name and address.
19 (f) An environmental assessment of the proposed use or
20 development if requested by the department, which assessment
21 shall include the effects upon wetland benefits and the effects
22 upon the water quality, flow, and levels, and the wildlife, fish,
23 and vegetation within a contiguous lake, river, or stream.
24 (2) For the purposes of subsection (1), a proposed use or
25 development of a wetland shall be considered as a single permit
26 application under this part if the scope, extent, and purpose of
27 a use or development are made known at the time of the
1 application for the permit.
2 (3) Except as provided in subsections (4) and (5), an
3 application for a permit submitted under subsection (1) shall be
4 accompanied by the following fee:
5 (a) For a project in a category of activities for which a
6 general permit is issued under section 30312, a fee of $100.00
7 $150.00.
8 (b) For a permit for the removal of vegetation in an area
9 that is not more than 100 feet wide or the width of the property,
10 whichever is less, or the mowing of vegetation in excess of what
11 is allowed in section 30305(2)(p)(ii), in the area between the
12 ordinary high-water mark and the water's edge, a fee of $50.00.
13 (c) For a major project, including any of the following, a
14 fee of $2,000.00:
15 (i)
Filling or draining of 1 acre or more of coastal or
16 inland wetland.
17 (ii)
10,000 cubic yards or more of wetland fill.
18 (iii) A
new golf course impacting wetland.
19 (iv) A
subdivision impacting wetland.
20 (v) A
condominium impacting wetland.
21 (b) For the removal of vegetation on Great Lakes bottomland
22 lying below the ordinary high-water mark as defined in section
23 32502 and above the water's edge, the following:
24 (i) For less than 50 feet of removal along the width of the
25 property, a fee of $250.00.
26 (ii) For 50 to 100 feet of removal along the width of the
27 property, a fee of $500.00.
1 (iii) For more than 100 feet of removal along the width of the
2 property, a fee of $1,200.00.
3 (c) For a minor project category as defined by rule, a fee
4 of $250.00.
5 (d) For ecological restoration for state, federal, and
6 nonprofit conservation agencies or organizations, a fee of
7 $500.00.
8 (e) For proposed wetland impacts up to 1/5 acre, a fee of
9 $1,000.00.
10 (f) For proposed wetland impacts from 1/5 acre up to 1/3
11 acre, a fee of $2,000.00.
12 (g) For proposed wetland impacts from 1/3 acre up to 1 acre,
13 a fee of $5,000.00. For proposed wetland impacts over 1 acre, an
14 additional fee for each additional 1/2 acre or fraction thereof
15 over the first acre of $2,500.00 not to exceed a total
16 application fee of $25,000.00.
17 (h) (d) For
all other projects, a fee of $500.00 $1,750.00.
18 (4) A request for extension of a permit shall be accompanied
19 by a fee of $150.00. An expired permit shall not be extended nor
20 shall a permit be extended beyond 5 years from the date of
21 initial issuance.
22 (5) The department shall adjust the fees under this section
23 in 2010 and every fifth year thereafter by an amount determined
24 by the state treasurer to reflect the cumulative annual
25 percentage change in the Detroit consumer price index, rounded to
26 the nearest dollar.
27 (6) (4) A
project that requires review and approval under
1 this part and 1 or more of the following is subject to only the
2 single highest permit fee required under this part or the
3 following:
4 (a) Section 3104.
5 (b) Part 301.
6 (c) Part 323.
7 (d) Part 325.
8 (e) Section 117 of the land division act, 1967 PA 288, MCL
9 560.117.
10 (7) (5) If
work has been done in violation of a permit
11 requirement under this part and restoration is not ordered by the
12 department, the department may accept an application for a permit
13 if the application is accompanied by a fee equal to twice the
14 permit fee required under this section.
15 (8) (6) If
the department determines that a permit is not
16 required under this part, the department shall promptly refund
17 the fee paid under this section.
18 Sec. 30316. (1) The attorney general may commence a civil
19 action for appropriate relief, including injunctive relief upon
20 request of the department under section 30315(1). An action under
21 this subsection may be brought in the circuit court for the
22 county of Ingham or for a county in which the defendant is
23 located, resides, or is doing business. The court has
24 jurisdiction to restrain the violation and to require compliance
25 with this part. In addition to any other relief granted under
26 this section, the court may impose a civil fine of not more than
27 $10,000.00 $20,000.00
per day of violation. A person who
violates
1 an order of the court is subject to a civil fine not to exceed
2 $10,000.00 $20,000.00
for each day of violation.
3 (2) A person who violates this part is guilty of a
4 misdemeanor, punishable by a fine of not more than $2,500.00
5 $5,000.00.
6 (3) A person who willfully or recklessly violates a
7 condition or limitation in a permit issued by the department
8 under this part, or a corporate officer who has knowledge of or
9 is responsible for a violation, is guilty of a misdemeanor,
10 punishable by a fine of not less than $2,500.00 $5,000.00 nor
11 more than $25,000.00 $50,000.00
per day of violation, or by
12 imprisonment for not more than 1 year, or both. A person who
13 violates this section a second or subsequent time is guilty of a
14 felony, punishable by a fine of not more than $50,000.00
15 $100,000.00 for each day of violation, or by imprisonment for not
16 more than 2 years, or both.
17 (4) In addition to the penalties provided under subsections
18 (1), (2), and (3), the court may order a person who violates this
19 part to restore as nearly as possible the wetland that was
20 affected by the violation to its original condition immediately
21 before the violation. The restoration may include the removal of
22 fill material deposited in the wetland or the replacement of
23 soil, sand, or minerals.
24 Sec. 31509. (1) Except as otherwise provided in this part or
25 as authorized by a permit issued by the department pursuant to
26 part 13, a person shall not undertake any of the following
27 activities:
1 (a) Construction of a new dam.
2 (b) Enlargement of a dam or an impoundment.
3 (c) Repair of a dam.
4 (d) Alteration of a dam.
5 (e) Removal of a dam.
6 (f) Abandonment of a dam.
7 (g) Reconstruction of a failed dam.
8 (2) An application for a permit shall include information
9 that the department determines is necessary for the
10 administration of this part. If a project includes activities at
11 multiple locations, 1 application may be filed for the combined
12 activities.
13 (3) An application for a permit for construction of a new
14 dam, reconstruction of a failed dam, or enlargement of a dam
15 shall be accompanied by the following fees:
16 (a) For a dam with a height of 6 feet or more but less than
17 10 feet, $500.00 $1,750.00.
18 (b) For a dam with a height of 10 feet or more but less than
19 20 feet, $1,000.00 $3,500.00.
20 (c) For a dam with a height of 20 feet or more, $3,000.00
21 $10,000.00.
22 (4) An application for a permit for the repair, alteration,
23 removal, or abandonment of a dam shall be accompanied by a fee of
24 $200.00 $700.00, and an application for a permit for a minor
25 project pursuant to section 31513(1) shall be accompanied by a
26 fee of $100.00 $250.00.
27 (5) The department shall waive the fees under this section
1 for applications from state agencies, department sponsored
2 projects located on public lands, and organizations of the type
3 described in section 31508(2)(a) through (c).
4 (5) A request for a minor revision to a permit or to
5 transfer a permit to a new owner shall be accompanied by a fee of
6 $250.00.
7 (6) A request for an extension of a permit shall be
8 accompanied by a fee of $150.00. An expired permit shall not be
9 extended, nor shall a permit be extended beyond 5 years from the
10 date of initial issuance.
11 (7) The department shall adjust the fees under this section
12 in 2010 and every fifth year thereafter by an amount determined
13 by the state treasurer to reflect the cumulative annual
14 percentage change in the Detroit consumer price index, rounded to
15 the nearest dollar.
16 (8) (6) The
department shall forward fees collected under
17 this section to the state treasurer for deposit in the land and
18 water management permit fee fund created in section 30113.
19 Sec. 31509a. (1) Beginning October 1, 2007, an annual dam
20 safety fee shall be assessed to the owner of each dam regulated
21 under this part. The fee in the first fiscal year shall be
22 $750.00 for high and significant hazard potential dams and
23 $200.00 for low hazard potential dams.
24 (2) Beginning October 1, 2008, the department shall annually
25 adjust the fees under this section by an amount determined by the
26 state treasurer to reflect the cumulative annual percentage
27 change in the Detroit consumer price index, rounded to the
1 nearest dollar. The department shall notify these owners of their
2 fee assessment by February 1 of each year. Payment shall be
3 postmarked no later than March 15 of each year.
4 (3) The department shall assess interest on all fee payments
5 submitted under this section after the due date. The owner shall
6 pay an additional amount equal to 0.75% of the payment due for
7 each month or portion of a month the payment remains past due.
8 (4) The department shall forward all fees collected under
9 this section to the state treasurer for deposit into the land and
10 water management permit fee fund created in section 30113.
11 (5) The failure by an owner to pay a fee imposed by this
12 section is a violation of this part and subjects that person to
13 the penalty provisions in section 31525.
14 Sec. 32312. (1) The department, in order to regulate the
15 uses and development of high-risk areas, flood risk areas, and
16 environmental areas and to implement the purposes of this part,
17 shall promulgate rules. If permits are required under rules
18 promulgated under this part, the permits shall be issued pursuant
19 to the rules and part 13. Except as provided under subsection
20 (2), until October 1, 2008, if permits are required pursuant to
21 rules promulgated under this part, an application for a permit
22 shall be accompanied by a fee as follows:
23 (a) For a commercial or multi-family residential project,
24 $500.00 $1,750.00.
25 (b) For a single-family home construction, $100.00
26 residential project or to relocate a permanent structure on a
27 property, $350.00.
1 (c) For an addition to an existing single-family home
2 residential project or for a project that has a minor impact on
3 fish and wildlife resources in environmental areas as determined
4 by the department, $50.00 $175.00.
5 (d) For all other projects not described above, $1,000.00.
6 (e) For a request to update recession rate data on a parcel
7 or parcels basis to reevaluate the setback requirements in high
8 risk erosion areas, a fee of $1,000.00 for a parcel and $200.00
9 for each additional adjacent parcel.
10 (2) A request for a minor revision to a permit under this
11 section or to transfer a permit to a new owner shall be
12 accompanied by a fee of $250.00.
13 (3) A request for extension of a permit under this section
14 shall be accompanied by a fee of $150.00. An expired permit shall
15 not be extended nor shall a permit be extended beyond 5 years
16 from the date of initial issuance.
17 (4) If a preapplication meeting is requested in writing by
18 the landowner or another person who is authorized in writing by
19 the landowner, the department shall meet with the person or his
20 or her representatives to review a proposed project or a proposed
21 permit application in its entirety. The preapplication meeting
22 shall take place at the department's district office for the
23 district that includes the project site or at the project site
24 itself, as specified in the request and is subject to all of the
25 following:
26 (a) Except as provided in this subsection, the request shall
27 be accompanied by a fee. The fee for a preapplication meeting at
1 the district office is $150.00. The fee for a preapplication
2 meeting at the project site is $250.00 for the first acre or
3 portion of an acre of project area, plus $50.00 for each acre or
4 portion of an acre in excess of the first acre, but not to exceed
5 a fee of $1,000.00. However, if the location of the project is a
6 single-family residential lot that is less than 1 acre in size,
7 there is no fee for a preapplication meeting at the district
8 office, and the fee for a preapplication meeting at the project
9 site is $100.00.
10 (b) If the person withdraws the request for a preapplication
11 meeting at least 24 hours before the meeting, the department may
12 agree with the person to reschedule the meeting or shall promptly
13 refund the fee and need not meet as provided in this section.
14 Otherwise, if, after agreeing to the time and place for a
15 preapplication meeting, the person is not represented at the
16 meeting, the person shall forfeit the fee for the meeting. If,
17 after agreeing to the time and place for a preapplication
18 meeting, the department is not represented at the meeting, the
19 department shall refund the fee and send a representative to a
20 rescheduled meeting to be held within 10 days of the first
21 scheduled meeting date.
22 (c) Any written agreement provided by the department as a
23 result of the preapplication meeting regarding the need to obtain
24 a permit is binding on the department for 2 years from the date
25 of the agreement.
26 (5) The department shall adjust the fees under this section
27 in 2010 and every fifth year thereafter by an amount determined
1 by the state treasurer to reflect the cumulative annual
2 percentage change in the Detroit consumer price index, rounded to
3 the nearest dollar.
4 (6) (2) A
project that requires review and approval under
5 this part and under 1 or more of the following is subject to only
6 the single highest permit fee required under this part or the
7 following:
8 (a) Part 301.
9 (b) Part 303.
10 (c) Part 325.
11 (d) Section 3104.
12 (e) Section 117 of the land division act, 1967 PA 288, MCL
13 560.117.
14 (7) (3) The
department shall forward fees collected under
15 this section to the state treasurer for deposit in the land and
16 water management permit fee fund created in section 30113.
17 (4) A circuit court, upon petition and a showing by the
18 department that a violation of a rule promulgated under
19 subsection (1) exists, shall issue any necessary order to the
20 defendant to correct the violation or to restrain the defendant
21 from further violation of the rule.
22 (8) The department may commence a civil action in the
23 circuit court of the county in which a violation occurs to
24 enforce compliance with this part, to restrain violation of this
25 part or any action contrary to an order of the department denying
26 a permit, to enjoin the further performance of, or order the
27 removal of, any project that is undertaken contrary to this part
1 or after denial of a permit by the department, or to order the
2 restoration of the affected area to its prior condition.
3 (9) In a civil action commenced under this part, the circuit
4 court, in addition to any other relief granted, may assess a
5 civil fine of not more than $10,000.00 for each day of violation.
6 (10) A person who violates this part or a permit issued
7 under this part is guilty of a misdemeanor punishable by a fine
8 of not more than $20,000.00 per day for each day of violation.
9 (11) A person who commits a minor offense is guilty of a
10 misdemeanor punishable by a fine of not more than $1,000.00 for
11 each violation. A law enforcement officer may issue and serve an
12 appearance ticket upon a person for a minor offense pursuant to
13 sections 9c to 9g of chapter IV of the code of criminal
14 procedure, 1927 PA 175, MCL 764.9c to 764.9g.
15 (12) A person who knowingly makes a false statement,
16 representation, or certification in an application for a permit
17 or in a notice or report required by a permit, or a person who
18 knowingly renders inaccurate any monitoring device or method
19 required to be maintained by a permit, is guilty of a misdemeanor
20 punishable by a fine of not more than $20,000.00 for each day of
21 violation.
22 (13) Any civil remedy assessed, sought, or agreed to by the
23 department shall be appropriate to the violation.
24 Sec. 32510. (1) Except as provided in subsection (2), a
25 person who excavates or fills or in any manner alters or modifies
26 any of the land or waters subject to this part without the
27 approval of the department is guilty of a misdemeanor, punishable
1 by imprisonment for not more than 1 year or a fine of not more
2 than $1,000.00, or both violates
this part or a term or condition
3 of a permit, lease, or agreement issued under this part or
4 provides false information is guilty of a misdemeanor punishable
5 by a fine of not more than $10,000.00 for each day of violation.
6 Land altered or modified in violation of this part shall not be
7 sold to any person convicted under this section at less than
8 fair, cash market value.
9 (2) The department may commence a civil action in the
10 circuit court of the county in which a violation occurs or in
11 Ingham county circuit court to enforce compliance with this part,
12 to restrain violation of this part or any action contrary to an
13 order of the department denying a permit, to enjoin the further
14 performance of, or order the removal of, any project that is
15 undertaken contrary to this part or after denial of a permit by
16 the department, or to order the restoration of the affected area
17 to its prior condition.
18 (3) In a civil action commenced under this part, the circuit
19 court, in addition to any other relief granted, may assess a
20 civil fine of not more than $5,000.00 for each day of violation.
21 (4) A person who knowingly makes a false statement,
22 representation, or certification in an application for a permit
23 or in a notice or report required by a permit, or a person who
24 knowingly renders inaccurate any monitoring device or method
25 required to be maintained by a permit, is guilty of a misdemeanor
26 punishable by a fine of not more than $10,000.00 for each day of
27 violation.
1 (5) Any civil remedy assessed, sought, or agreed to by the
2 department shall be appropriate to the violation.
3 (6) (2) A
person who commits a minor offense is guilty of a
4 misdemeanor, punishable by a fine of not more than $500.00
5 $1,000.00 for each violation. A law enforcement officer may issue
6 and serve an appearance ticket upon a person for a minor offense
7 pursuant to sections 9a 9c
to 9g of chapter IV of the code of
8 criminal procedure, Act No. 175 of the Public Acts of 1927, being
9 sections 764.9a to 764.9g of the Michigan Compiled Laws 1927 PA
10 175, MCL 764.9c to 764.9g.
11 (7) (3) As
used in this section, "minor offense" means
12 either of the following violations of this part if the department
13 determines that restoration of the affected property is not
14 required:
15 (a) The failure to obtain a permit under this part.
16 (b) A violation of a permit issued under this part.
17 Sec. 32511. A riparian owner may apply to the department for
18 a certificate suitable for recording indicating the location of
19 his or her lakeward boundary or indicating that the land involved
20 has accreted to his or her property as a result of natural
21 accretions or placement of a lawful, permanent structure. The
22 application shall be accompanied by a fee of $200.00 $700.00 and
23 proof of upland ownership.
24 Sec. 32513. (1) Before any work or connection specified in
25 section 32512 or 32512a is undertaken, a person shall file an
26 application with the department of environmental quality setting
27 forth the following:
1 (a) The name and address of the applicant.
2 (b) The legal description of the lands included in the
3 project.
4 (c) A summary statement of the purpose of the project.
5 (d) A map or diagram showing the proposal on an adequate
6 scale with contours and cross-section profiles of the waterway to
7 be constructed.
8 (e) Other information required by the department of
9 environmental quality.
10 (2) Except as provided in subsections (3) and (4), until
11 October 1, 2008, an
application for a permit under this section
12 shall be accompanied by a fee according to the following
13 schedule:
14 (a) For a project in a category of activities for which a
15 general permit is issued under section 32512a, a fee of $100.00
16 $150.00.
17 (b) For activities included in the minor project category as
18 described in rules promulgated under this part, and
for a permit
19 for the removal of vegetation in an area that is not more than
20 100 feet wide or the width of the property, whichever is less, or
21 the mowing of vegetation in excess of what is allowed in section
22 32512(2)(a)(ii), in
the area between the ordinary high-water mark
23 and the water's edge, a fee
of $50.00 $250.00.
24 (c) For the removal of vegetation on Great Lakes bottomland
25 lying below the ordinary high-water mark and above the water's
26 edge, as follows:
27 (i) For less than 50 feet of removal along the width of the
1 property, a fee of $250.00.
2 (ii) For 50 to 100 feet of removal along the width of the
3 property, a fee of $500.00.
4 (iii) For more than 100 feet of removal along the width of the
5 property, a fee of $1,200.00.
6 (d) (c) For
construction or expansion of a marina, a fee of
7 the following:
8 (i) $50.00 $175.00 for
an expansion of 1-10 slips to an
9 existing permitted marina.
10 (ii) $100.00 $350.00 for
a new marina with 1-10 proposed
11 marina slips.
12 (iii) $250.00 $875.00 for
an expansion of 11-50 slips to an
13 existing permitted marina, plus $10.00 $35.00 for
each slip over
14 50.
15 (iv) $500.00 $1,750.00 for a new marina with 11-50 proposed
16 marina slips, plus $10.00 $35.00 for each slip over
50.
17 (v) $1,500.00 $5,250.00 if an existing permitted marina
18 proposes maintenance dredging of 10,000 cubic yards or more or
19 the addition of seawalls, bulkheads, or revetments of 500 feet or
20 more.
21 (e) (d) For
major projects, other than a project described
22 in subdivision (c)(v) (d)(v),
involving any of the following, a
23 fee of $2,000.00 $7,000.00:
24 (i) Dredging of 10,000 cubic yards or more.
25 (ii) Filling of 10,000 cubic yards or more.
26 (iii) Seawalls, bulkheads, or revetment of 500 feet or more.
27 (iv) Filling or draining of 1 acre or more of coastal
1 wetland.
2 (v) New dredging or upland boat basin excavation in areas of
3 suspected contamination.
4 (vi) New A new breakwater
or channel jetty.
5 (vii) Shore protection, such as groins and underwater
6 stabilizers, that extend 150 feet or more on Great Lakes
7 bottomlands.
8 (viii) New A new commercial
dock or wharf of 300 feet or more
9 in length.
10 (f) (e) For
all other projects not listed in subdivisions
11 (a) through (d) (e), $500.00 $1,750.00.
12 (3) A project that requires review and approval under this
13 part and 1 or more of the following is subject to only the single
14 highest permit fee required under this part or the following:
15 (a) Part 301.
16 (b) Part 303.
17 (c) Part 323.
18 (d) Section 3104.
19 (e) Section 117 of the land division act, 1967 PA 288, MCL
20 560.117.
21 (4) If work has been done in violation of a permit
22 requirement under this part and restoration is not ordered by the
23 department of environmental quality, the department of
24 environmental quality may accept an application for a permit if
25 the application is accompanied by a fee equal to 2 times the
26 permit fee required under this section.
27 (5) A request for a minor revision to a permit or to
1 transfer a permit to a new owner shall be accompanied by a fee of
2 $250.00.
3 (6) A request for extension of a permit shall be accompanied
4 by a fee of $150.00. An expired permit shall not be extended nor
5 shall a permit be extended beyond 5 years from the date of
6 initial issuance.
7 (7) The department shall adjust the fees under this section
8 in 2010 and every fifth year thereafter by an amount determined
9 by the state treasurer to reflect the cumulative annual
10 percentage change in the Detroit consumer price index, rounded to
11 the nearest dollar.
12 (8) (5) The
department of environmental quality shall
13 forward all fees collected under this section to the state
14 treasurer for deposit into the land and water management permit
15 fee fund created in section 30113.
16 Sec. 62509. (1) A person shall not drill or begin the
17 drilling of any brine, storage, or waste disposal well, a brine
18 well, storage well, or disposal well, or a test well greater than
19
25 feet in depth, or convert any well
for these uses, and except
20 as authorized by a permit issued by the supervisor of mineral
21 wells pursuant to part 13 and rules promulgated by the supervisor
22 of mineral wells , and
unless the person files with the
23 supervisor of mineral wells an approved surety or security
24 conformance bond as defined in R 299.2302 of the Michigan
25 administrative code. The application shall be accompanied by a
26 survey of the well site. However, for a well that is subject to a
27 blanket test well permit under subsection (6), the application
1 may be accompanied by a map showing the location of the well,
2 instead of a survey. The department shall conduct an
3 investigation and inspection before the supervisor of mineral
4 wells issues a permit. A permit shall not be issued to any an
5 owner or his or her authorized representative who does not comply
6 with the rules of the supervisor of mineral wells or who is in
7 violation of this part or any rule of the supervisor of mineral
8 wells promulgated
under this part or order issued under this
9 part.
10 (2) Upon completion of the drilling or converting of a well
11 for storage or waste disposal and after disposal, a person shall
12 not operate the well for injection or withdrawal of fluids until
13
the owner or operator conducts necessary
testing by the owner to
14 determine that the well can be used for these purposes and in a
15 manner that will not cause surface or underground waste, and
16
receives approval from the supervisor
of mineral wells , upon
17 receipt of appropriate evidence, shall approve and regulate the
18 use of the well for storage or waste to use the well for storage
19
or disposal. These operations shall
be pursuant are subject to
20 part 31. The At
any time during the application period or the
21 processing period under part 13, the supervisor of mineral wells
22 may schedule a public hearing to consider the need or
23 advisability of permitting the drilling or operating of receive
24 comments on an application for a permit to drill and operate a
25 storage or waste disposal well, or converting to convert a well
26 for these uses, if the public safety or other interests are
27 involved. The running of the 20-day processing period under part
1 13 is tolled from the time the department schedules a public
2 hearing until 30 days after the public hearing is held.
3 (2) A person shall not drill a test well 50 feet or greater
4 in depth into the bedrock or below the deepest freshwater strata,
5 except as provided in section 62508(c), except as authorized by a
6 permit issued by the supervisor of mineral wells pursuant to part
7 13 and rules promulgated by the supervisor of mineral wells, and
8 unless the person files with the supervisor of mineral wells an
9 approved surety or security bond. The application shall be
10 accompanied by the fee provided in subsection (6). The department
11 shall conduct an investigation and inspection before the
12 supervisor of mineral wells issues a permit. A permit shall not
13 be issued to any owner or his or her authorized representative
14 who does not comply with the rules of the supervisor of mineral
15 wells or who is in violation of this part or any rule of the
16 supervisor of mineral wells. A test well that penetrates below
17 the deepest freshwater stratum or is greater than 250 feet in
18 depth is subject to an individual test well permit. A test well
19 that does not penetrate below the deepest freshwater stratum and
20 is 250 feet or less in depth is subject to a blanket test well
21 permit. This subsection does not apply to a test well regulated
22 under part 111 or part 115, or a water well regulated under part
23 127 of the public health code, 1978 PA 368, MCL 333.12701 to
24 333.12771.
25 (3) A permit is not required to drill a test well in those
26 areas of the state where rocks of Precambrian age directly
27 underlie unconsolidated surface deposits or in those areas that
1 have been designated pursuant to section 62508(c). However,
2 within 2 years after completion of the drilling of the well, the
3 owner shall advise the supervisor of mineral wells of the
4 location of the well and file with the supervisor of mineral
5 wells the log required under section 62508(d). The provisions of
6 this part pertaining to the prevention and correction of surface
7 and underground waste have the same application to these test
8 wells as to other wells defined in this part.
9 (4) Upon request, the supervisor of mineral wells may issue
10 to qualified persons a blanket permit to drill within a county
11 test wells which will not penetrate below the deepest freshwater
12 stratum and are 250 feet or less in depth.
13 (5) All information and records pertaining to the
14 application for and issuance of permits for wells subject to this
15 part shall be held confidential in the same manner as provided
16 for logs and reports on these wells.
17 (3) A permit and a conformance bond are not required to
18 drill a test well that is less than 25 feet in depth.
19 (4) The provisions of this part pertaining to the prevention
20 and correction of surface or underground waste apply to test
21 wells subject to subsection (3) in the same manner as to other
22 mineral wells.
23 (5) An individual test well permit and a conformance bond
24 are required to drill a test well 250 feet or greater in depth in
25 areas of the state where rocks younger than Precambrian age
26 directly underlie unconsolidated surface deposits.
27 (6) A conformance bond is required for a test well that is
1 subject to a blanket test well permit. A blanket test well permit
2 may be issued to a single owner or operator for multiple test
3 wells of the following type:
4 (a) A test well greater than 25 feet in depth but less than
5 250 feet in depth located in an area where rocks younger than
6 Precambrian age directly underlie unconsolidated surface
7 deposits.
8 (b) A test well 25 feet or greater in depth located in an
9 area where rocks of Precambrian age directly underlie
10 unconsolidated surface deposits.
11 (7) (6) A Subject
to subsection (9), a permit application
12 submitted under this section shall be accompanied by the
13 following permit application drilling fee:
14
(a) Disposal For a disposal well for
15 disposal of waste products other
16 than processed brine............ $2,500.00 $3,125.00.
17
(b) Disposal For a disposal well for
18 disposal of processed brine..... $ 500.00 $ 625.00.
19
(c) Storage For
a storage well...... $ 500.00 $ 625.00.
20
(d) Natural For
a natural brine
21 production
well................. $ 500.00
$ 625.00.
22
(e) Artificial For an artificial
23 brine
production well........... $ 500.00 $ 625.00.
24
(f) Individual For an individual
25 test well under subsection (2)
26 (5).............................
$ 500.00 $ 625.00.
27
(g) Blanket permit for test wells drilled pursuant to
28 subsection (4):
1
(i) 1
to 24 wells.............................. $ 75.00.
2
(ii) 25
to 49 wells............................. $ 150.00.
3
(iii) 50
to 75 wells............................. $ 300.00.
4
(iv) 75
to 200 wells............................ $ 600.00.
5 (g) For each test well subject to a
6 blanket test well permit under
7 subsection (6).............................. $ 250.00.
8 (8) (7) The supervisor
of mineral wells shall deposit
9
department shall forward all permit
application drilling fees
10 collected under this section to the state treasurer for deposit
11 into the fund.
12 (9) Beginning with drilling fees to be paid in state fiscal
13 year 2009, the department shall annually adjust the fees by an
14 amount determined by the state treasurer to reflect the
15 cumulative annual percentage change in the Detroit consumer price
16 index, rounded to the nearest dollar.
17 Sec. 62509a. (1) The owner or operator of a well regulated
18 under this part is subject to the following annual mineral
well
19 regulatory operating fee
specified in subsection (2). The fee
20 shall apply to any mineral well that is subject to a permit under
21 section 62509 that meets both of the following conditions:
22 (a) Drilling was completed more than 6 months before the
23 time the fee is due.
24 (b) The well is usable for its permitted purpose, or has not
25 been properly plugged in accordance with the requirements of this
26 part and rules promulgated under this part, at the time the fee
27 is due. :
1 (2) Subject to subsection (5), the annual operating fee is
2 as follows:
3 (a) For a disposal well for disposal of
4 waste products other than processed
5 brine............................... $2,500.00 $3,125.00.
6
(b) For a disposal well for disposal or
7 of processed
brine.................. $ 500.00 $ 625.00.
8
(c) For a storage well.................. $ 500.00 $ 625.00.
9
(d) For a natural brine production well. $ 500.00 $ 625.00.
10 (e) For an artificial brine production
11 well................................
$ 500.00 $ 625.00.
12
(f) For an individual test well......... $ 500.00 $ 625.00.
13
(g) For a blanket permit for test wells:
14
(i) 1
to 24 wells.................................. $ 75.00.
15
(ii) 25
to 49 wells................................. $ 150.00.
16
(iii) 50
to 75 wells................................. $ 300.00.
17
(iv) 75
to 200 wells................................ $ 600.00.
18 (g) For each test well subject to a blanket
19 permit under section 62509(6)............... $ 250.00.
20 (3) (2) Mineral
well regulatory annual
operating fees shall
21 be submitted to the department in the manner required by the
22 department along with any documentation required by the
23 department.
24 (4) (3) The
department shall forward all mineral well
25 regulatory annual
operating fees collected under this
section to
26 the state treasury treasurer
for deposit in the fund.
27 (5) Beginning October 1, 2008, the department shall annually
28 adjust the fees by an amount determined by the state treasurer to
1 reflect the cumulative annual percentage change in the Detroit
2 consumer price index, rounded to the nearest dollar. The
3 department shall notify the owner or operator of the fee
4 assessment by February 1 of each year. Payment shall be
5 postmarked not later than March 15 of each year.
6 (6) The department shall assess interest on all fee payments
7 submitted under this section after the due date. The owner shall
8 pay an additional amount equal to 0.75% of the payment due for
9 each month or portion of a month the payment remains past due.