HOUSE BILL No. 5744

 

February 14, 2008, Introduced by Rep. Gaffney and referred to the Committee on Great Lakes and Environment.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 11532a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11532a. (1) Beginning October 1, 2008, a surcharge of

 

$7.50 is assessed on each ton of solid waste that is disposed of in

 

a landfill. However, a surcharge under this subsection shall not be

 

assessed on any of the following:

 

     (a) Municipal solid waste incinerator ash disposed of in a

 

landfill.

 

     (b) Solid waste generated in the county where the landfill is

 

located or a county, in this or another state, that shares a border

 

with the county where the landfill is located, other than a border

 


located entirely in a body of water.

 

     (c) Solid waste disposed of under a contract entered into by

 

the landfill before the date the amendatory act that added this

 

section was enacted into law.

 

     (2) The owner or operator of a landfill shall pay surcharge

 

revenue collected under subsection (1) to the department of

 

treasury within 30 days after the end of each quarter of the state

 

fiscal year. The state treasurer shall deposit the surcharge

 

revenue into the general fund.

 

     (3) The owner or operator of a landfill who is required to pay

 

the recycling and waste diversion surcharge under subsection (2)

 

may pass through and collect the surcharge from the generators of

 

the solid waste or from the persons who arranged for its delivery

 

to the solid waste hauler or transfer facility, notwithstanding the

 

provisions of any contract or agreement to the contrary or the

 

absence of any contract or agreement.