NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
***** 324.11525a THIS SECTION IS AMENDED EFFECTIVE OCTOBER 1, 2015: See 324.11525a.amended *****
324.11525a Owner or operator of landfill; surcharge; payment of surcharge; deposit; “captive facility” defined.
(1) The owner or operator of a landfill shall pay a surcharge as follows:
(a) Except as provided in subdivision (b), 12 cents for each cubic yard or portion of a cubic yard of solid waste or municipal solid waste incinerator ash that is disposed of in the landfill before October 1, 2015.
(b) For type III landfills that are captive facilities, the following annual amounts:
(i) For a captive facility that receives 100,000 or more cubic yards of waste, $3,000.00.
(ii) For a captive facility that receives 75,000 or more but less than 100,000 cubic yards of waste, $2,500.00.
(iii) For a captive facility that receives 50,000 or more but less than 75,000 cubic yards of waste, $2,000.00.
(iv) For a captive facility that receives 25,000 or more but less than 50,000 cubic yards of waste, $1,000.00.
(v) For a captive facility that receives less than 25,000 cubic yards of waste, $500.00.
(2) The owner or operator of a landfill shall pay the surcharge under subsection (1)(a) within 30 days after the end of each quarter of the state fiscal year. The owner or operator of a type III landfill that is a captive facility shall pay the surcharge under subsection (1)(b) by January 31 of each year.
(3) The owner or operator of a landfill who is required to pay the surcharge under subsection (1) shall pass through and collect the surcharge from any person who generated the solid waste or 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.
(4) Surcharges collected under this section shall be forwarded to the state treasurer for deposit in the solid waste staff account of the solid waste management fund established in section 11550.
(5) As used in this section, "captive facility" means a landfill that accepts for disposal only nonhazardous industrial waste generated only by the owner of the landfill or a nonhazardous industrial waste landfill that is specified in section 11525(3).
History: Add. 1996, Act 358, Eff. Oct. 1, 1996
Am. 2003, Act 153, Eff. Oct. 1, 2003
Am. 2007, Act 75, Imd. Eff. Sept. 30, 2007
Am. 2011, Act 149, Imd. Eff. Sept. 21, 2011
Am. 2013, Act 72, Imd. Eff. June 25, 2013
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act
© 2009 Legislative Council, State of Michigan