SB-0960, As Passed Senate, June 3, 2014

SENATE BILL No. 960

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, a~~ 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

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, the~~ 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, the~~ 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.

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: