SB-0450, As Passed House, August 24, 2011
June 15, 2011, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11108 (MCL 324.11108), as amended by 2001 PA
165.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11108. (1) Except as otherwise provided in this section,
each owner or operator of a landfill shall pay to the department a
fee assessed on hazardous waste disposed of in a landfill. The fee
shall be based on the quantity of hazardous waste specified on the
manifest or monthly operating report and shall be $10.00 per ton,
$10.00 per cubic yard, or 1/2 cent per pound depending on the unit
of measure used by the owner or operator to calculate the fee. The
fee for fractional quantities of hazardous waste shall be
proportional. If the hazardous waste is required to be listed on a
manifest and the owner or operator of the landfill determines that
the
hazardous waste quantity figure on the manifest is not
accurate, the owner or operator shall correct the hazardous waste
quantity
figure on all manifest copies accompanying the shipment,
note
the reason for the changes change
in the discrepancy
indication space on the manifest, and assess the fee in accordance
with
the corrected hazardous waste quantity. figure. Payment shall
be made within 30 days after the close of each quarter. The
landfill owner or operator shall assess off-site generators the
fee. The fee for hazardous waste that is generated and disposed of
on the site of a landfill owner or operator shall be paid by that
owner or operator.
(2) Except as otherwise provided in this section, each owner
or operator of a solidification facility licensed pursuant to
section 11123 shall pay to the department a fee assessed on
hazardous waste received at the solidification facility. The fee
shall be based on the quantity of hazardous waste specified on the
manifest or monthly operating report and shall be $10.00 per ton,
$10.00 per cubic yard, 4 cents per gallon, or 1/2 cent per pound
depending on the unit of measure used by the owner or operator to
calculate the fee. The fee for fractional quantities of hazardous
waste shall be proportional. If the hazardous waste is required to
be listed on a manifest and the owner or operator of the
solidification facility determines that the hazardous waste
quantity
figure on the manifest is not accurate, the owner or
operator
shall correct the hazardous waste quantity figure on all
manifest copies accompanying the shipment, note the reason for the
change in the discrepancy indication space on the manifest, and
assess the fee in accordance with the corrected hazardous waste
quantity. figure.
Payment shall be made within 30 days after the
close of each quarter. The solidification facility owner or
operator shall assess off-site generators the fee. The fee for
hazardous waste that is generated and solidified on the site of a
solidification owner or operator shall be paid by that owner or
operator.
(3) The following hazardous waste is exempt from the fees
provided for in this section:
(a) Ash that results from the incineration of hazardous waste
or the incineration of solid waste as defined in part 115.
(b) Hazardous waste exempted by rule because of its character
or the treatment it has received.
(c)
Hazardous waste that is removed from a site of
environmental
contamination that is included in a list submitted to
the
legislature pursuant to section 20105, or hazardous waste that
is removed as part of a site cleanup activity at the expense of the
state or federal government.
(d) Solidified hazardous waste produced by a solidification
facility licensed pursuant to section 11123 and destined for land
disposal.
(e) Hazardous waste generated pursuant to a 1-time closure or
site cleanup activity in this state if the closure or cleanup
activity has been authorized in writing by the department.
Hazardous waste resulting from the cleanup of inadvertent releases
which
occur after March 30, 1988 is not exempt from the fee fees.
(f) Primary and secondary wastewater treatment solids from a
wastewater treatment plant that includes an aggressive biological
treatment
facility as defined in section 3005(j)(12)(B) of subtitle
C
of the solid waste disposal act, title II of Public Law 89-272,
42
U.S.C. 6925 42 USC 6295.
(g) Emission control dust or sludge from the primary
production of steel in electric furnaces.
(4) An owner or operator of a landfill or solidification
facility shall assess or pay the fee described in this section
unless
a written signed certification is provided by the generator
provides a signed written certification indicating that the
hazardous waste is exempt from the fee. If the hazardous waste that
is exempt from the fee is required to be listed on a manifest, the
certification shall contain the manifest number of the shipment and
the specific fee exemption for which the hazardous waste qualifies.
If the hazardous waste that is exempt from the fee is not required
to be listed on a manifest, the certification shall provide the
volume of exempt hazardous waste, the waste code or waste codes of
the exempt waste, the date of disposal or solidification, and the
specific fee exemption for which the hazardous waste qualifies. The
owner or operator of the landfill or solidification facility shall
retain this certification for 4 years from the date of receipt.
(5) The department or a health department certified pursuant
to section 11145 shall evaluate the accuracy of generator fee
exemption certifications and shall take enforcement action against
a generator who files a false certificate. In addition, the
department shall take enforcement action to collect fees that are
not paid as required by this section.
(6) The landfill owner or operator and the solidification
facility owner or operator shall forward to the department the fee
revenue
due to the department under
this section with a completed
form that is provided or approved by the department. The owner or
operator shall certify that all information provided in the form is
accurate. The form shall include the following information:
(a) The volume of hazardous waste subject to a fee.
(b) The name of each generator who was assessed a fee, the
generator's identification number, manifest numbers, hazardous
waste volumes, and the amount of the fee assessed.
(7) A generator who documents to the department, on a form
provided by the department, a reduction in the amount of hazardous
waste generated as a result of a process change, or documents a
reduction in the amount of hazardous waste that is being disposed
of in a landfill, either directly or following solidification at a
solidification facility, as a result of a process change or the
generator's increased use of source separation, input substitution,
process reformulation, recycling, treatment, or an exchange of
hazardous waste that results in a utilization of that hazardous
waste,
is eligible for a refund from the this state. The refund
shall be in the amount of $10.00 per ton, $10.00 per cubic yard, 4
cents per gallon, or 1/2 cent per pound of hazardous waste reduced
or managed through an alternative to landfill disposal. A generator
is not eligible to receive a refund for that portion of a reduction
in the amount of hazardous waste generated that is attributable to
a decrease in the generator's level of production of the products
that resulted in the generation of the hazardous waste.
(8) A generator seeking a refund shall calculate the refund
due by comparing hazardous waste generation, treatment, and
disposal activity in the calendar year immediately preceding the
date of filing with hazardous waste generation, treatment, and
disposal activity in the calendar year 2 years prior to the date of
filing.
(9) To be eligible for a refund, a generator shall file a
request with the department by June 30 of the year following the
year for which the refund is being claimed.
(10) A refund shall not exceed the total fees paid by the
generator to the landfill operator or owner and the solidification
facility operator or owner.
(11) A form submitted by the generator as provided for in
subsection (7) shall be certified by the generator or the
generator's authorized agent.
(12) The department shall maintain information regarding the
landfill disposal fees received and refunds provided under this
section.
(13) The fees collected under this section shall be forwarded
to the state treasurer and deposited in the waste reduction fund
created in subsection (14).
(14) The waste reduction fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the waste reduction fund. The
state treasurer shall direct the investment of the waste reduction
fund. The state treasurer shall credit to the waste reduction fund
interest and earnings from waste reduction fund investments. Money
in the waste reduction fund at the close of the fiscal year shall
remain in the waste reduction fund and shall not lapse to the
general fund. Money from the waste reduction fund shall be
expended, upon appropriation, only for 1 or more of the following
purposes:
(a) To pay refunds to generators under this section.
(b) To fund programs created under part 143 and part 145.
(c) Not more than $500,000.00 to implement section 3103a.
(d)
For state fiscal years 2002 and 2003, to fund programs
created
under part 111 To fund the
permit to install program
established under section 5505.
(e)
Not more than $500,000.00 to implement section 5419.