SB-0960, As Passed Senate, September 10, 2014
(as amended August 27, 2014)
May 27, 2014, 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 sections 11135 and 11153 (MCL 324.11135 and 324.11153),
as amended by 2013 PA 73.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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, 2014, 2017, a ] person
required to prepare
a
manifest shall submit to the department a manifest processing user
charge of $8.00 per manifest and his or her tax identification
number. Money collected under this subsection shall be forwarded to
the state treasurer for deposit into the environmental pollution
prevention fund created in section 11130.
(2) Manifest processing user charges under subsection (1)
shall be 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
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.
(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 submit to the legislature a report summarizing its findings
under this subsection.
(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) A generator shall certify that the information contained
on 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.
(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 are automatically
Senate Bill No. 960 as amended August 27, 2014
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, 2014, 2017, 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, 2014, 2017, 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) Handler user charges shall be 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. A handler shall return the
completed forms and the appropriate payment to the department by
April 30 of each year.
(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 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.
(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 submit to the legislature a
report summarizing the department's findings under this subsection.
(9) As used in this section:
(a) "Handler" means the person required to pay the handler
user charge.
(b) "Handler user charge" means an annual hazardous waste
management program user charge provided for in subsection (2).