SB-0449, As Passed Senate, June 23, 2011

SUBSTITUTE FOR

SENATE BILL NO. 449

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11525a (MCL 324.11525a), as amended by 2007 PA

75.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11525a. (1) Until October 1, 2011, the The owner or

operator of a landfill shall pay a surcharge as follows:

     (a) Except as provided in subdivision (b), the following

surcharge:

     (i) 7 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 during the previous quarter of the

state fiscal year before October 1, 2011.

     (ii) 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 from October 1, 2011 through September

30, 2013.

     (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 or municipal solid

waste incinerator 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 or municipal solid

waste incinerator who is required to pay the surcharge under

subsection (1) may 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).