HB-4666, As Passed House, June 18, 2013HB-4666, As Passed Senate, June 18, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4666

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11108, 11130, 11135, 11153, 12103, 12109, and

12112 (MCL 324.11108, 324.11130, 324.11135, 324.11153, 324.12103,

324.12109, and 324.12112), section 11108 as amended by 2011 PA 150,

section 11130 as amended by 2001 PA 165, and sections 11135, 11153,

12103, 12109, and 12112 as amended by 2011 PA 90.

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 the 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 on the manifest is not accurate, the

owner or operator shall correct the hazardous waste quantity 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. 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 on the manifest is not accurate, the owner or operator

shall correct the hazardous waste quantity 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. 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 as part of a site cleanup

activity at the expense of the this state or the 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 fees.

     (f) Primary and secondary wastewater treatment solids from a

wastewater treatment plant that includes an aggressive biological

treatment facility as defined in 42 USC 6295.6925.

     (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 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. certification. 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 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 is eligible for a refund from this state

of fees paid under this section if the generator 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 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 reduction in the amount of hazardous waste reduced or

managed through an alternative to landfill disposal. generated or

disposed of in a landfill. 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 under subsection (7) 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.

(9) (12) The department shall maintain information regarding

the landfill disposal fees received and refunds provided under this

section.

(10) (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 environmental

pollution prevention fund created in section 11130. Any balance in

the waste reduction fund on October 1, 2013 shall not lapse to the

general fund but shall be transferred to the environmental

pollution prevention fund and the waste reduction fund shall be

closed. Money from the environmental pollution prevention 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 this part, part 143, and

part 145, or the hazardous materials transportation act, 1998 PA

138, MCL 29.471 to 29.480.

     (c) Not more than $500,000.00 to implement section 3103a.

     (d) To fund the permit to install program established under

section 5505.

     Sec. 11130. (1) The environmental pollution prevention fund is

created in the state treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the environmental pollution prevention

fund or into an account within the environmental pollution

prevention fund. The state treasurer shall direct the investment of

the environmental pollution prevention fund. The state treasurer

shall credit to each account within the environmental pollution

prevention fund interest and earnings from account investments.

     (3) Money remaining in the environmental pollution prevention

fund and in any account within the environmental pollution

prevention fund at the close of the fiscal year shall not lapse to

the general fund. The department shall be the administrator of the

fund for auditing purposes.

     (4) The hazardous waste transporter account is created within

the environmental pollution prevention fund. The department shall

expend money from the hazardous waste transporter account, upon

appropriation, for the implementation of this part. In addition,

funds not expended for the implementation of this part may be

utilized for emergency response and cleanup activities related to

hazardous waste that are initiated by the department.

     (5) The hazardous waste and liquid industrial waste users

account is created within the environmental pollution prevention

fund. The department shall expend money from the hazardous waste

and liquid industrial waste users account, upon appropriation, to

implement the state's hazardous waste management program in

accordance with this part and the rules promulgated under this

part. The target revenue projection for the hazardous waste and

liquid industrial waste users account is $1,600,000.00.

     Sec. 11135. (1) A hazardous waste generator shall provide a

separate manifest to the transporter for each load of hazardous

waste transported to property that is not on the site where it was

generated. Until October 1, 2013, 2014, a person required to

prepare a manifest shall submit to the department a manifest

processing user charge of $6.00 $8.00 per manifest and his or her

tax identification number. Each calendar year, the department may

adjust the manifest processing user charge as necessary to ensure

that the total cumulative amount of the user charges assessed

pursuant to this section and sections 11153, 12103, 12109, and

12112 are consistent with the target revenue projection for the

hazardous waste and liquid industrial waste users account as

provided for in section 11130(5). However, the manifest processing

user charge shall not exceed $8.00 per manifest. Money collected

under this subsection shall be forwarded to the state treasurer for

deposit into the environmental pollution prevention fund created in

section 11130. and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

     (2) Payment of the manifest Manifest processing user charges

under subsection (1) shall be made paid using a form provided by

the department. The department shall send a form to each person

subject to the manifest processing user charge by March 30 of each

year. The form shall specify the number of manifests prepared by

that person and processed by the department during the previous

calendar year. A person subject to the manifest processing user

charge shall return the completed form and the appropriate payment

to the department by April 30 of each year.

     (3) A person who fails to provide timely and accurate

information, a complete form, or the appropriate manifest

processing user charge as provided for in this section is in

violation of this part and is subject to both of the following:

     (a) Payment of the manifest processing user charge and an

administrative fine of 5% of the amount owed for each month that

the payment is delinquent. Any payments received after the 15th

fifteenth day of the month after the due date shall be considered

delinquent for that month. However, the administrative fine shall

not exceed 25% of the total amount owed.

     (b) Beginning 5 months after the date payment of the manifest

user charge is due, but not paid, at the request of the department,

an action by the attorney general for the collection of the amount

owed under subdivision (a) and the actual cost to the department in

attempting to collect the amount owed under subdivision (a).

     (4) Any amounts collected under subsection (3) for a violation

of this section shall be forwarded to the state treasurer and

deposited in the environmental pollution prevention fund created in

section 11130. and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

     (5) The department shall maintain information regarding the

manifest processing user charges received under this section as

necessary to satisfy the reporting requirements of subsection (6).

     (6) The department shall evaluate the effectiveness and

adequacy of the manifest processing user charges collected under

this section relative to the overall revenue needs of the state's

hazardous waste management program administered under this part.

Not later than April 1 of each even-numbered year, the department

shall summarize submit to the legislature a report summarizing its

findings under this subsection. in a report and shall provide that

report to the legislature.

     (7) A generator shall include on the manifest details as

specified by the department and shall at least include a sufficient

qualitative and quantitative analysis and a physical description of

the hazardous waste to evaluate toxicity and methods of

transportation, storage, and disposal. The manifest also shall

include safety precautions as necessary for each load of hazardous

waste. The generator shall submit to the department a copy of the

manifest within 10 days after the end of the month for each load of

hazardous waste transported within that month.

     (8) The A generator shall certify that the information

contained on the a manifest prepared by the generator is accurate.

     (9) The specified destination of each load of hazardous waste

identified on the manifest shall be a designated facility.

     (10) If a generator does not receive a copy of the manifest

with the handwritten signature of the owner or operator of the

designated facility within 35 days after the date on which the

hazardous waste was accepted by the initial transporter, the

generator shall contact the transporter to determine the status of

the hazardous waste. If the generator is unable to determine the

status of the hazardous waste upon contacting the transporter, the

generator shall contact the owner or operator of the designated

facility to which the hazardous waste was to be transported to

determine the status of the hazardous waste.

     (11) A generator shall submit an exception report to the

department if the generator has not received a copy of the manifest

with the handwritten signature of the owner or operator of the

designated facility within 45 days after the date on which the

hazardous waste was accepted by the initial transporter. The

exception report shall include all of the following:

     (a) A legible copy of the manifest. for which the generator

does not have confirmation of delivery.

     (b) A cover letter signed by the generator or the generator's

authorized representative explaining the efforts taken to locate

the hazardous waste and the results of those efforts.

     (12) A generator shall keep a copy of each manifest signed and

dated by the initial transporter for 3 years or until the generator

receives a signed and dated copy from the owner or operator of the

designated facility that received the hazardous waste. The

generator shall keep the copy of the manifest signed and dated by

the owner or operator of the designated facility for 3 years. The

retention periods required by this subsection shall be are

automatically extended during the course of any unresolved

enforcement action regarding the regulated activity or as required

by the department.

     Sec. 11153. (1) A generator, transporter, or treatment,

storage, or disposal facility shall obtain and utilize a site

identification number assigned by the United States environmental

protection agency or the department. Until October 1, 2013, 2014,

the department shall assess a site identification number user

charge of $50.00 for each site identification number it issues. The

department shall not issue a site identification number under this

subsection unless the site identification number user charge and

the tax identification number for the person applying for the site

identification number have been received by the department.

     (2) Until October 1, 2013, except as provided in subsection

(9), 2014, the department shall annually assess hazardous waste

management program user charges as follows:

     (a) A generator shall pay a handler user charge that is the

highest of the following applicable fees:

     (i) A generator who generates more than 100 kilograms but less

than 1,000 kilograms of hazardous waste in any month during the

calendar year shall pay to the department an annual handler user

charge of $100.00.

     (ii) A generator who generates 1,000 kilograms or more of

hazardous waste in any month during the calendar year and who

generates less than 900,000 kilograms during the calendar year

shall pay to the department an annual handler user charge of

$400.00.

     (iii) A generator who generates 1,000 kilograms or more of

hazardous waste in any month during the calendar year and who

generates 900,000 kilograms or more of hazardous waste during the

calendar year shall pay to the department an annual handler user

charge of $1,000.00.

     (b) An owner or operator of a treatment, storage, or disposal

facility for which an operating license is required under section

11123 or for which an operating license has been issued under

section 11125 shall pay to the department an annual handler user

charge of $2,000.00.

     (c) A used oil processor or rerefiner, a used oil burner, or a

used oil fuel marketer as defined in the rules promulgated under

this part shall pay to the department an annual handler user charge

of $100.00.

     (3) A handler shall pay the handler user charge specified in

subsection (2)(a) to (c) for each of the activities conducted

during the previous calendar year.

     (4) Payment of the handler Handler user charges shall be made

paid using a form provided by the department. The handler shall

certify that the information on the form is accurate. The

department shall send forms to the handlers by March 30 of each

year. unless the handler user charges have been suspended as

provided for in subsection (9). A handler shall return the

completed forms and the appropriate payment to the department by

April 30 of each year. unless the handler user charges have been

suspended as provided for in subsection (9).

     (5) A handler who fails to provide timely and accurate

information, a complete form, or the appropriate handler user

charge is in violation of this part and is subject to both of the

following:

     (a) Payment of the handler user charge and an administrative

fine of 5% of the amount owed for each month that the payment is

delinquent. Any payments received after the 15th fifteenth of the

month after the due date shall be considered delinquent for that

month. However, the administrative fine shall not exceed 25% of the

total amount owed.

     (b) Beginning 5 months after the date payment of the handler

user charge is due, if the amount owed under subdivision (a) is not

paid in full, at the request of the department, an action by the

attorney general for the collection of the amount owed under

subdivision (a) and the actual cost to the department in attempting

to collect the amount owed under subdivision (a).

     (6) The department shall maintain information regarding the

site identification number user charges and the handler user

charges collected under this section as necessary to satisfy the

reporting requirements of subsection (8).

     (7) The site identification number user charges and the

handler user charges collected under this section and any amounts

collected under subsection (5) for a violation of this section

shall be forwarded to the state treasurer and deposited in the

environmental pollution prevention fund created in section 11130.

and credited to the hazardous waste and liquid industrial waste

users account created in section 11130(5).

     (8) The department shall evaluate the effectiveness and

adequacy of the site identification number user charges and the

handler user charges collected under this section relative to the

overall revenue needs of the hazardous waste management program

administered under this part. Not later than April 1 of each even-

numbered year, the department shall summarize its submit to the

legislature a report summarizing the department's findings under

this subsection. in a report and shall provide that report to the

legislature.

     (9) Notwithstanding any other provision in this section, if

the balance of the hazardous waste and liquid industrial waste

users account created in section 11130(5), as of December 31 of any

year, exceeds $3,200,000.00, the department shall suspend the

handler user charges until October of the following year.

(9) (10) As used in this section:

     (a) "Handler" means the person required to pay the handler

user charge.

     (b) "Handler user charge" means the an annual hazardous waste

management program user charge provided for in subsection (2).

     Sec. 12103. (1) A generator shall do all of the following:

     (a) Characterize the waste in accordance with section 12101(n)

and the requirements of part 111 and rules promulgated under that

part, and maintain records of the characterization.

     (b) Obtain and utilize, when needed for transportation, a site

identification number. Until October 1, 2013, 2014, the department

shall assess a site identification number user charge of $50.00 for

each site identification number it issues. The department shall not

issue a site identification number under this subdivision unless

the site identification number user charge and the tax

identification number for the person applying for the site

identification number have been received. Money collected under

this subdivision shall be forwarded to the state treasurer for

deposit into the environmental pollution prevention fund created in

section 11130. and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

     (c) If transporting liquid industrial waste, other than the

generator's own waste, by public roadway, engage, employ, or

contract for the transportation only with a transporter registered

and permitted under the hazardous materials transportation act,

1998 PA 138, MCL 29.471 to 29.480.

     (d) Except as otherwise provided in this part, utilize and

retain a separate manifest for each shipment of liquid industrial

waste transported to a designated facility. The department may

authorize the use of a consolidated manifest for a single shipment

of uniform types of waste collected from multiple waste pickups. If

a consolidated manifest is authorized by the department and

utilized by a generator, a receipt shall be obtained from the

transporter documenting the transporter's company name, the

driver's signature, the date of pickup, the type and quantity of

waste accepted from the generator, the consolidated manifest

number, and the designated facility. A generator of brine may

complete a single manifest per transporter of brine, per disposal

well, each month.

     (e) Submit a copy of the manifest to the department by the

tenth day after the end of the month in which a load of waste is

transported.

     (f) When the transporter picks up liquid industrial waste,

certify that the information contained on the manifest is factual

by signing the manifest. This certification shall be by the

generator or his or her authorized representative.

     (g) Provide to the transporter the signed copies of the

manifest to accompany the liquid industrial waste to the designated

facility.

     (h) If a copy of the manifest, with a handwritten signature of

the owner or operator of the designated facility or his or her

authorized representative, is not received within 35 days after the

date the waste was accepted by the initial transporter, contact the

transporter or owner or operator of the designated facility, or

both, to determine the status of the waste.

     (i) Submit an exception report to the department if a copy of

the manifest is not received with the handwritten signature of the

owner or operator of the designated facility or his or her

authorized representative within 45 days after the date the waste

was accepted by the initial transporter. The exception report shall

include both of the following:

     (i) A legible copy of the manifest for which the generator does

not have confirmation of delivery.

     (ii) A cover letter signed by the generator explaining the

efforts taken to locate the waste and the results of those efforts.

     (2) A generator who operates an on-site reclamation facility,

treatment facility, or disposal facility shall keep records of all

liquid waste produced and reclaimed, treated, or disposed of at his

or her facility.

     (3) A generator shall retain all records required pursuant to

this part for a period of at least 3 years, and shall make those

records readily available for review and inspection by the

department or a peace officer. The retention period required by

this subsection is automatically extended during the course of any

unresolved enforcement action regarding the regulated activity or

as otherwise required by the department.

     (4) A generator transporting its own waste in quantities of 55

gallons or less is not subject to manifest requirements if all of

the following conditions are met:

     (a) The waste is accompanied by a record showing the source

and quantity of the waste and the designated facility to which the

waste is being transported.

     (b) The generator obtains a signature from the designated

facility acknowledging receipt of the waste and provides a copy of

the record of shipment to the designated facility.

     (c) The generator retains a copy of the record of shipment as

part of the generator records under subsection (3).

     Sec. 12109. (1) A liquid industrial waste transporter shall

certify acceptance of waste for transportation by completing the

transporter section of the manifest, and shall deliver the liquid

industrial waste and accompanying manifest only to the designated

facility specified by the generator on the manifest.

     (2) The liquid industrial waste transporter shall retain all

records required pursuant to this part for a period of at least 3

years, and shall make those records readily available for review

and inspection by the department or a peace officer. The retention

period required in this subsection is automatically extended during

the course of any unresolved enforcement action regarding an

activity regulated under this part or as required by the

department.

     (3) The department may authorize, for certain waste streams,

the use of a consolidated manifest as authorized under section

12103(1)(d). If a consolidated manifest is authorized by the

department and utilized by a generator, the transporter shall give

to the generator a receipt documenting the transporter's company

name, the driver's signature, the date of pickup, the type and

quantity of waste removed, the consolidated manifest number, and

the designated facility.

     (4) A transporter shall maintain a trip log for consolidated

manifest shipments and for brine shipments. The transporter shall

do all of the following:

     (a) Identify on the trip log the consolidated manifest number,

the generator, the date of pickup, the type and quantity of waste,

and the designated facility location for each shipment of waste.

     (b) Keep a copy of all trip logs available during

transportation, at a minimum, for the current shipment in

transportation and retain these records as specified in subsection

(2).

     (c) Obtain and utilize a site identification number assigned

by the United States environmental protection agency or the

department. Until October 1, 2013, 2014, the department shall

assess a site identification number user charge of $50.00 for each

site identification number it issues. The department shall not

issue a site identification number under this subdivision unless

the site identification number user charge and the tax

identification number for the person applying for the site

identification number have been received. Money collected under

this subdivision shall be forwarded to the state treasurer for

deposit into the environmental pollution prevention fund created in

section 11130. and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

     Sec. 12112. (1) Except as provided in section 12103(4), the

owner or operator of a facility that accepts liquid industrial

waste shall accept delivery of waste at the designated facility

only if delivery is accompanied by a manifest or consolidated

manifest properly certified by the generator and the transporter

and the facility is the destination indicated on the manifest. The

facility owner or operator shall do all of the following:

     (a) Obtain and utilize a site identification number either

assigned from by the United States environmental protection agency

or the department. Until October 1, 2013, 2014, the department

shall assess a site identification number user charge of $50.00 for

each site identification number it issues. The department shall not

issue a site identification number under this subdivision unless

the site identification number user charge and the tax

identification number for the person applying for the site

identification number have been received. Money collected under

this subdivision shall be forwarded to the state treasurer for

deposit into the environmental pollution prevention fund created in

section 11130. and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

     (b) Certify on the manifest receipt of the liquid industrial

waste by completing the facility section of the manifest and

returning a signed copy of the manifest to the department within a

period of 10 days after the end of the month for all liquid

industrial waste received within the month.

     (c) Return a signed copy of the manifest to the generator.

     (d) Maintain records of the characterization of the waste.

Characterization shall be in accordance with the requirements of

part 111.

     (2) All storage, treatment, and reclamation of liquid

industrial waste at the designated facility shall be in either

containers or tanks or as otherwise specified in section 12113(5).

Storage, treatment, or reclamation regulated under part 615 or the

rules, orders, or instructions promulgated under that part, or

regulated under part C of title XIV of the public health service

act, 42 USC 300h to 300h-8, or the regulations promulgated under

that part are exempt from this subsection.

     (3) The owner or operator of a designated facility shall not

store liquid industrial waste for longer than 1 year unless the

liquid industrial waste is being stored for purposes of reclamation

and not less than 75% of the cumulative amount, by weight or

volume, of each type of liquid industrial waste that is stored on

site each calendar year is reclaimed or transferred to a different

site for reclamation during that calendar year. The owner or

operator of a designated facility shall maintain documentation that

demonstrates compliance with this subsection.

     (4) The owner or operator of a designated facility shall

retain all records required pursuant to this part for a period of

at least 3 years and shall make those records readily available for

review and inspection by the department or a peace officer. The

retention period required by this subsection is automatically

extended during the course of any unresolved enforcement action

regarding the regulated activity or as required by the department.

     Enacting section 1. This amendatory act takes effect October

1, 2013.