SENATE BILL No. 943

 

 

April 17, 2018, Introduced by Senator NOFS and referred to the Committee on Government Operations.

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 11509, 11512, 11521, 11525, 11525a, and 11550

 

(MCL 324.11509, 324.11512, 324.11521, 324.11525, 324.11525a, and

 

324.11550), sections 11509 and 11512 as amended by 2004 PA 325,

 

section 11521 as added by 2007 PA 212, section 11525 as amended by

 

2013 PA 250, section 11525a as amended by 2015 PA 82, and section

 

11550 as amended by 2003 PA 153.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11509. (1) Except as otherwise provided in section 11529,

 

a person shall not establish a disposal area except as authorized

 

by a construction permit issued by the department pursuant to part

 

13. In addition, a person shall not establish a disposal area

 

contrary to an approved solid waste management plan, or contrary to

 


a permit, license, or final order issued pursuant to this part. A

 

person proposing the establishment of a disposal area shall apply

 

for a construction permit to the department through the health

 

officer. If the disposal area is located in a county or city that

 

does not have a certified health department, the application shall

 

be made directly to the department.

 

     (2) The application for a construction permit shall contain

 

the name and residence of the applicant, the location of the

 

proposed disposal area, the design capacity of the disposal area,

 

and other information specified by rule. A person may apply to

 

construct more than 1 type of disposal area at the same facility

 

under a single permit. The application shall be accompanied by an

 

engineering plan and a construction permit application fee. A

 

construction permit application for a landfill shall be accompanied

 

by a fee in an amount that is the sum of all of the following fees,

 

as applicable:

 

     (a) For a new sanitary landfill, a fee equal to the following

 

amount:

 

     (i) For a municipal solid waste landfill, $1,500.00.

 

     (ii) For an industrial waste landfill, $1,000.00.

 

     (iii) For a type III landfill limited to low hazard industrial

 

waste, $750.00.

 

     (b) For a lateral expansion of a sanitary landfill, a fee

 

equal to the following amount:

 

     (i) For a municipal solid waste landfill, $1,000.00.

 

     (ii) For an industrial waste landfill, $750.00.

 

     (iii) For a type III landfill limited to low hazard industrial


waste, construction and demolition waste, or other nonindustrial

 

waste, $500.00.

 

     (c) For a vertical expansion of an existing sanitary landfill,

 

a fee equal to the following amount:

 

     (i) For a municipal solid waste landfill, $750.00.

 

     (ii) For an industrial waste landfill, $500.00.

 

     (iii) For an industrial waste landfill limited to low hazard

 

industrial waste, construction and demolition waste, or other

 

nonindustrial waste, $250.00.

 

     (3) The application for a construction permit for a solid

 

waste transfer facility, a solid waste processing plant, other

 

disposal area that is not a landfill, or a combination of these,

 

shall be accompanied by a fee in the following amount:

 

     (a) For a new facility for municipal solid waste, or a

 

combination of municipal solid waste and waste listed in

 

subdivision (b), $1,000.00.

 

     (b) For a new facility for industrial waste, or construction

 

and demolition waste, $500.00.

 

     (c) For the expansion of an existing facility for any type of

 

waste, $250.00.

 

     (4) If an application is returned to the applicant as

 

administratively incomplete, the department shall refund the entire

 

fee. If a permit is denied or an application is withdrawn, the

 

department shall refund 1/2 the amount specified in subsection (3)

 

to the applicant. An applicant for a construction permit, within 12

 

months after a permit denial or withdrawal, may resubmit the

 

application and the refunded portion of the fee, together with the


additional information as needed to address the reasons for denial,

 

without being required to pay an additional application fee.

 

     (5) An application for a modification to a construction permit

 

or for renewal of a construction permit which that has expired

 

shall be accompanied by a fee of $250.00. Increases in final

 

elevations that do not result in an increase in design capacity or

 

a change in the solid waste boundary shall be considered a

 

modification and not a vertical expansion.

 

     (6) A person who applies to permit more than 1 type of

 

disposal area at the same facility shall pay a fee equal to the sum

 

of the applicable fees listed in this section.

 

     (7) The department shall deposit permit application fees

 

collected under this section in the solid waste staff account of

 

the solid waste management clean Michigan fund established in

 

section 11550.

 

     Sec. 11512. (1) A person shall dispose of solid waste at a

 

disposal area licensed under this part unless a the person is

 

permitted by state law or rules promulgated by the department to

 

dispose of the solid waste at the site of generation.

 

     (2) Except as otherwise provided in this section or in section

 

11529, a person shall not conduct, manage, maintain, or operate a

 

disposal area within this state except as authorized by an

 

operating license issued by the department pursuant to part 13. In

 

addition, a person shall not conduct, manage, maintain, or operate

 

a disposal area contrary to an approved solid waste management

 

plan, or contrary to a permit, license, or final order issued under

 

this part. A person who intends to conduct, manage, maintain, or


operate a disposal area shall submit a license application to the

 

department through a certified health department. If the disposal

 

area is located in a county or city that does not have a certified

 

health department, the application shall be made directly to the

 

department. A person authorized by this part to operate more than 1

 

type of disposal area at the same facility may apply for a single

 

license.

 

     (3) The application for a license shall contain the name and

 

residence of the applicant, the location of the proposed or

 

existing disposal area, the type or types of disposal area

 

proposed, evidence of bonding, and other information required by

 

rule. In addition, an applicant for a type II landfill shall submit

 

evidence of financial assurance adequate to meet that meets the

 

requirements of section 11523a, the maximum waste slope in the

 

active portion, an estimate of remaining permitted capacity, and

 

documentation on the amount of waste received at the disposal area

 

during the previous license period or expected to be received,

 

whichever is greater. The application shall be accompanied by a fee

 

as specified in subsections (7), (9), and (10).

 

     (4) At the time of An application for a license for a disposal

 

area, the applicant shall submit to a health officer or the

 

department a certification under the seal of a licensed

 

professional engineer verifying that the construction of the

 

disposal area has proceeded according to the approved plans. If

 

construction of the disposal area or a portion of the disposal area

 

is not complete, the department shall require owner or operator

 

shall submit additional construction certification of that portion


of the disposal area during intermediate progression of the

 

operation, as specified in section 11516(5).

 

     (5) An applicant for an operating license, within 6 months

 

after a license denial, may resubmit the application, together with

 

additional information or corrections as are necessary to address

 

the reason for denial, without being required to pay an additional

 

application fee.

 

     (6) In order to To conduct tests and assess operational

 

capabilities, the owner or operator of a municipal solid waste

 

incinerator that is designed to burn at a temperature in excess of

 

2500 degrees Fahrenheit may operate the incinerator without an

 

operating license, upon notice to the department, for a period not

 

to exceed 60 days.

 

     (7) The application for a type II landfill operating license

 

shall be accompanied by the following fee for the 5-year term of

 

the operating license, calculated in accordance with subject to

 

subsection (8):

 

     (a) Landfills receiving less than 100 tons per day, $250.00.

 

     (b) Landfills receiving 100 tons per day or more, but less

 

than 250 tons per day, $1,000.00.

 

     (c) Landfills receiving 250 tons per day or more, but less

 

than 500 tons per day, $2,500.00.

 

     (d) Landfills receiving 500 tons per day or more, but less

 

than 1,000 tons per day, $5,000.00.

 

     (e) Landfills receiving 1,000 tons per day or more, but less

 

than 1,500 tons per day, $10,000.00.

 

     (f) Landfills receiving 1,500 tons per day or more, but less


than 3,000 tons per day, $20,000.00.

 

     (g) Landfills receiving greater than 3,000 tons per day,

 

$30,000.00.

 

     (8) Type II landfill application fees shall be based on the

 

average amount of waste projected to be received daily during the

 

license period. Application fees for license renewals shall be

 

based on the average amount of waste received in the previous

 

calendar year. Application fees shall be adjusted in the following

 

circumstances:

 

     (a) If a landfill accepts more waste than projected, a

 

supplemental fee equal to the difference shall be submitted with

 

the next license application.

 

     (b) If a landfill accepts less waste than projected, the

 

department shall credit the applicant an amount equal to the

 

difference with the next license application.

 

     (c) A type II landfill that measures waste by volume rather

 

than weight shall pay a fee based on 3 cubic yards per ton.

 

     (d) A landfill used exclusively for municipal solid waste

 

incinerator ash that measures waste by volume rather than weight

 

shall pay a fee based on 1 cubic yard per ton.

 

     (e) If an application is submitted to renew a license more

 

than 1 year prior to license expiration, the department shall

 

credit the applicant an amount equal to 1/2 the application fee.

 

     (f) If an application is submitted to renew a license more

 

than 6 months but less than 1 year prior to license expiration, the

 

department shall credit the applicant an amount equal to 1/4 the

 

application fee.


     (9) The operating license application for a type III landfill

 

shall be accompanied by a fee equal to $2,500.00.

 

     (10) The operating license application for a solid waste

 

processing plant, solid waste transfer facility, other disposal

 

area that is not a landfill, or combination of these entities shall

 

be accompanied by a fee equal to $500.00.

 

     (11) The department shall deposit operating license

 

application fees collected under this section in the perpetual care

 

account of the solid waste management clean Michigan fund

 

established in section 11550.

 

     (12) A person who applies for an operating license for more

 

than 1 type of disposal area at the same facility shall pay a fee

 

equal to the sum of the applicable application fees listed in this

 

section.

 

     Sec. 11521. (1) Yard clippings shall be managed by 1 of the

 

following means:

 

     (a) Composted on the property where the yard clippings are

 

generated.

 

     (b) Temporarily accumulated under subsection (2).

 

     (c) Composted at a composting facility containing not more

 

than 200 cubic yards of yard clippings if decomposition occurs

 

without creating a nuisance.

 

     (d) Composted on a farm as described by subsection (3).

 

     (e) Composted at site that qualifies as a registered

 

composting facility under subsection (4).

 

     (f) Decomposed in a controlled manner using a closed container

 

to create and maintain anaerobic conditions if in compliance with


part 55 and otherwise approved by the director under this part.

 

     (g) Composted and used as part of normal operations by a

 

municipal solid waste landfill if the composting and use meet all

 

of the following requirements:

 

     (i) Take place on property described in the landfill

 

construction permit.

 

     (ii) Are described in and consistent with the landfill

 

operation plans.

 

     (iii) Are otherwise in compliance with this act.

 

     (h) Processed at a processing plant in accordance with this

 

part and the rules promulgated under this part.

 

     (i) Disposed of in a landfill or an incinerator, but only if

 

the yard clippings are meet all of the following requirements:

 

     (a) Are diseased or infested or are composed of invasive

 

plants, such as garlic mustard, purple loosestrife, or spotted

 

knapweed, that were collected through an eradication or control

 

program. , include

 

     (b) Include no more than a de minimis amount of other yard

 

clippings. , and are

 

     (c) Are inappropriate to compost.

 

     (2) A person may temporarily accumulate yard clippings at a

 

site not designed for composting if all of the following

 

requirements are met:

 

     (a) The accumulation does not create a nuisance or otherwise

 

result in a violation of this act.

 

     (b) The yard clippings are not mixed with other compostable

 

materials.


     (c) No more than 1,000 cubic yards are placed on site unless a

 

greater volume is approved by the department.

 

     (d) Yard clippings placed on site on or after April 1 but

 

before December 1 are moved to another location and managed as

 

provided in subsection (1) within 30 days after being placed on

 

site. The director may approve a longer time period based on a

 

demonstration that additional time is necessary.

 

     (e) Yard clippings placed on site on or after December 1 but

 

before the next April 1 are moved to another location and managed

 

as provided in subsection (1) by the next April 10 after the yard

 

clippings are placed on site.

 

     (f) The owner or operator of the site maintains and makes

 

available to the department records necessary to demonstrate that

 

the requirements of this subsection are met.

 

     (3) A person may compost yard clippings on a farm if

 

composting does not otherwise result in a violation of this act and

 

is done in accordance with generally accepted agricultural and

 

management practices under the Michigan right to farm act, 1981 PA

 

93, MCL 286.471 to 286.474, and if 1 or more of the following

 

apply:

 

     (a) Only yard clippings generated on the farm are composted.

 

     (b) There are not more than 5,000 cubic yards of yard

 

clippings on the farm.

 

     (c) If there are more than 5,000 cubic yards of yard clippings

 

on the farm at any time, all of the following requirements are met:

 

     (i) The farm operation accepts yard clippings generated at a

 

location other than the farm only to assist in management of waste


material generated by the farm operation.

 

     (ii) The farm operation does not accept yard clippings

 

generated at a location other than the farm for monetary or other

 

valuable consideration.

 

     (iii) The owner or operator of the farm registers with the

 

department of agriculture and rural development on a form provided

 

by the department of agriculture and rural development and

 

certifies that the farm operation meets and will continue to meet

 

the requirements of subparagraphs (i) and (ii).

 

     (4) A site qualifies as a registered composting facility if

 

all of the following requirements are met:

 

     (a) The owner or operator of the site registers as a

 

composting facility with the department and reports to the

 

department within 30 days after the end of each state fiscal year

 

the amount of yard clippings and other compostable material

 

composted in the previous state fiscal year. The registration and

 

reporting shall be done on forms provided by the department. The

 

registration shall be accompanied by a fee of $600.00. The

 

registration is for a term of 3 years. Registration fees collected

 

under this subdivision shall be forwarded to the state treasurer

 

for deposit in the solid waste staff account of the solid waste

 

management clean Michigan fund established in section 11550.

 

     (b) The site is operated in compliance with the following

 

location restrictions:

 

     (i) If the site is in operation on December 1, 2007, the

 

management or storage of yard clippings, compost, and residuals

 

does not expand from its location on that date to an area that is


within the following distances from any of the following features:

 

     (A) 50 feet from a property line.

 

     (B) 200 feet from a residence.

 

     (C) 100 feet from a body of surface water, including a lake,

 

stream, or wetland.

 

     (ii) If the site begins operation after December 1, 2007, the

 

management or storage of yard clippings, compost, and residuals

 

occurs in an area that is not in the 100-year floodplain and is at

 

least the following distances from each of the following features:

 

     (A) 50 feet from a property line.

 

     (B) 200 feet from a residence.

 

     (C) 100 feet from a body of surface water, including a lake,

 

stream, or wetland.

 

     (D) 2,000 feet from a type I or type IIA water supply well.

 

     (E) 800 feet from a type IIB or type III water supply well.

 

     (F) 500 feet from a church or other house of worship,

 

hospital, nursing home, licensed day care center, or school, other

 

than a home school.

 

     (G) 4 feet above groundwater.

 

     (c) Composting and management of the site occurs in a manner

 

that meets all of the following requirements:

 

     (i) Does not violate this act or create a facility as defined

 

in section 20101.

 

     (ii) Unless approved by the department, does not result in

 

more than 5,000 cubic yards of yard clippings and other compostable

 

material, compost, and residuals present on any acre of property at

 

the site.


     (iii) Does not result in an accumulation of yard clippings for

 

a period of over 3 years unless the site has the capacity to

 

compost the yard clippings and the owner or operator of the site

 

can demonstrate, beginning in the third year of operation and each

 

year thereafter, unless a longer time is approved by the director,

 

that the amount of yard clippings and compost that is transferred

 

off-site in a calendar year is not less than 75% by weight or

 

volume, accounting for natural volume reduction, of the amount of

 

yard clippings and compost that was on-site at the beginning of the

 

calendar year.

 

     (iv) Results in finished compost with not more than 1%, by

 

weight, of foreign matter that will remain on a 4 millimeter

 

screen.

 

     (v) If yard clippings are collected in bags other than paper

 

bags, debags the yard clippings by the end of each business day.

 

     (vi) Prevents the pooling of water by maintaining proper

 

slopes and grades.

 

     (vii) Properly manages storm water runoff.

 

     (viii) Does not attract or harbor rodents or other vectors.

 

     (d) The owner or operator maintains, and makes available to

 

the department, all of the following records:

 

     (i) Records identifying the volume of yard clippings and other

 

compostable material accepted by the facility and the volume of

 

yard clippings and other compostable material and of compost

 

transferred off-site each month.

 

     (ii) Records demonstrating that the composting operation is

 

being performed in a manner that prevents nuisances and minimizes


anaerobic conditions. Unless other records are approved by the

 

department, these records shall include records of carbon-to-

 

nitrogen ratios, the amount of leaves and the amount of grass in

 

tons or cubic yards, temperature readings, moisture content

 

readings, and lab analysis of finished products.

 

     (5) A site at which yard clippings are managed in accordance

 

with this section, other than a site described in subsection

 

(1)(g), (h) or (i), is not a disposal area, notwithstanding section

 

11503(5).

 

     (6) Except with respect to subsection (1)(h) and (i),

 

management of yard clippings in accordance with this section is not

 

considered disposal for purposes of section 11538(6).

 

     Sec. 11525. (1) The owner or operator of a landfill shall

 

establish and maintain a perpetual care fund for a period of 30

 

years after final closure of the landfill as specified in this

 

section. A perpetual care fund may be established as a trust, an

 

escrow account, or a perpetual care fund bond and may be used to

 

demonstrate financial assurance for type II landfills under section

 

11523 and section 11523a.

 

     (2) Except as otherwise provided in this section, the owner or

 

operator of a landfill shall increase the amount of his or her the

 

perpetual care fund 75 cents for each ton or portion of a ton or 25

 

cents for each cubic yard or portion of a cubic yard of solid waste

 

that is disposed of in the landfill after June 17, 1990 until the

 

fund reaches the maximum required fund amount. As of July 1, 1996,

 

the maximum required fund amount is $1,156,000.00. This amount

 

shall be annually adjusted for inflation and rounded to the nearest


thousand dollars. The department shall adjust the maximum required

 

fund amount for inflation annually by multiplying the amount by an

 

inflation factor derived from the most recent bureau of reclamation

 

Bureau of Reclamation composite index published by the United

 

States department of commerce Department of Commerce or another

 

index more representative of the costs of closure and postclosure

 

monitoring and maintenance as determined appropriate by the

 

department. Increases to the amount of a perpetual care fund

 

required under this subsection shall be calculated based on solid

 

waste disposed of in the landfill as of the end of the state fiscal

 

year and shall be made within 30 days after the end of each state

 

fiscal year.

 

     (3) The owner or operator of a landfill that is used for the

 

disposal of the following materials shall increase the amount of

 

the perpetual care fund 7.5 cents for each ton or cubic yard or

 

portion of a ton or cubic yard of the following materials that are

 

disposed of in the landfill: after June 17, 1990:

 

     (a) Coal ash, wood ash, or cement kiln dust that is disposed

 

of in a landfill that is used only for the disposal of coal ash,

 

wood ash, or cement kiln dust, or a combination of these materials,

 

or that is permanently segregated in a landfill.

 

     (b) Wastewater treatment sludge or sediments from wood pulp or

 

paper producing industries that is disposed of in a landfill that

 

is used only for the disposal of wastewater treatment sludge and

 

sediments from wood pulp or paper producing industries, or that is

 

permanently segregated in a landfill.

 

     (c) Foundry sand or other material that is approved by the


department for use as daily cover at an operating landfill, that is

 

disposed of in a landfill that is used only for the disposal of

 

foundry sand, or that is permanently segregated in a landfill.

 

     (4) The owner or operator of a landfill that is used only for

 

the disposal of a mixture of 2 or more of the materials described

 

in subsection (3)(a) to (c) or in which a mixture of 2 or more of

 

these materials are permanently segregated shall increase the

 

amount of the perpetual care fund 7.5 cents for each ton or cubic

 

yard or portion of a ton or cubic yard of these materials that are

 

disposed of in the landfill. after July 1, 1996.

 

     (5) The amount of a perpetual care fund is not required to be

 

increased for materials that are regulated under part 631.

 

     (6) The owner or operator of a landfill may increase the

 

amount of the perpetual care fund above the amount otherwise

 

required by this section at his or her discretion.

 

     (7) The custodian of a perpetual care fund trust or escrow

 

account shall be a bank or other financial institution that has the

 

authority to act as a custodian and whose account operations are

 

regulated and examined by a federal or state agency. Until the

 

perpetual care fund trust or escrow account reaches the maximum

 

required fund amount, the custodian of a perpetual care fund trust

 

or escrow account shall credit any interest and earnings of the

 

perpetual care fund trust or escrow account to the perpetual care

 

fund trust or escrow account. After the perpetual care fund trust

 

or escrow account reaches the maximum required fund amount, any

 

interest and earnings shall be distributed as directed by the owner

 

or operator. The agreement governing the operation of the perpetual


care fund trust or escrow account shall be executed on a form

 

consistent with this part and provided by the department. The

 

custodian may be compensated from the fund for reasonable fees and

 

costs incurred for his or her responsibilities as custodian. The

 

custodian of a perpetual care fund trust or escrow account shall

 

make an accounting to the department within 30 days following the

 

close of each state fiscal year.

 

     (8) The custodian of a perpetual care fund shall not disburse

 

any funds to the owner or operator of a landfill for the purposes

 

of the perpetual care fund except upon the prior written approval

 

of the department. However, the custodian shall ensure the filing

 

of all required tax returns for which the perpetual care fund is

 

liable and shall disburse funds to pay lawfully due taxes owed by

 

the perpetual care fund without permission of the department. The

 

owner or operator of the landfill shall provide notice of requests

 

for disbursement and denials and approvals to the custodian of the

 

perpetual care fund. Requests for disbursement from a perpetual

 

care fund shall be submitted not more frequently than semiannually.

 

The owner or operator of a landfill may request disbursement of

 

funds from a perpetual care fund whenever the amount of money in

 

the fund exceeds the maximum required fund amount. The department

 

shall approve the disbursement if the total amount of financial

 

assurance maintained meets the requirements of sections 11523 and

 

11523a. As used in this subsection, "maximum required fund amount"

 

means:

 

     (a) For those landfills containing only those materials

 

specified in subsection (3), an amount equal to 1/2 of the maximum


required fund amount specified in subsection (2).

 

     (b) For all other landfills, an amount equal to the maximum

 

required fund amount specified in subsection (2).

 

     (9) If the owner or operator of a landfill refuses or fails to

 

conduct closure, postclosure monitoring and maintenance, or

 

corrective action as necessary to protect the public health,

 

safety, or welfare, or the environment, or fails to request the

 

disbursement of money from a perpetual care fund when necessary to

 

protect the public health, safety, or welfare, or the environment,

 

or fails to pay the solid waste management program administration

 

fee or the surcharge required under section 11525a, then the

 

department may draw on the perpetual care fund and may expend the

 

money for closure, postclosure monitoring and maintenance, and

 

corrective action, as necessary. The department may draw on a

 

perpetual care fund for administrative costs associated with

 

actions taken under this subsection.

 

     (10) Upon approval by the department of a request to terminate

 

financial assurance for a landfill under section 11525b, any money

 

in the perpetual care fund for that landfill shall be disbursed by

 

the custodian to the owner of the landfill unless a contract

 

between the owner and the operator of the landfill provides

 

otherwise.

 

     (11) The owner of a landfill shall provide notice to the

 

custodian of the perpetual care fund for that landfill if there is

 

a change of ownership of the landfill. The custodian shall maintain

 

records of ownership of a landfill during the period of existence

 

of the perpetual care fund.


     (12) This section does not relieve an owner or operator of a

 

landfill of any liability that he or she may have under this part

 

or as otherwise provided by law.

 

     (13) This section does not create a cause of action at law or

 

in equity against a custodian of a perpetual care fund other than

 

for errors or omissions related to investments, accountings,

 

disbursements, filings of required tax returns, and maintenance of

 

records required by this section or the applicable perpetual care

 

fund.

 

     (14) As used in this section, "custodian" means the trustee or

 

escrow agent of any of the following:

 

     (a) A perpetual care fund that is established as a trust or

 

escrow account.

 

     (b) A standby trust or escrow account for a perpetual care

 

fund bond.

 

     (15) A perpetual care fund that is established as a trust or

 

escrow account may be replaced with a perpetual care fund that is

 

established as a perpetual care fund bond that complies with this

 

section. Upon such replacement, the director shall authorize the

 

custodian of the trust or escrow account to disburse the money in

 

the trust or escrow account to the owner of the landfill unless a

 

contract between the owner and operator of the landfill specifies

 

otherwise.

 

     (16) An owner or operator of a landfill who uses a perpetual

 

care fund bond to satisfy the requirements of this section shall

 

also establish a standby trust or escrow account. All payments made

 

under the terms of the perpetual care fund bond shall be deposited


by the custodian directly into the standby trust or escrow account

 

in accordance with instructions from the director. The standby

 

trust or escrow account must meet the requirements for a trust or

 

escrow account established as a perpetual care fund under

 

subsection (1), except that until the standby trust or escrow

 

account is funded pursuant to the requirements of this subsection,

 

the following are not required:

 

     (a) Payments into the standby trust or escrow account as

 

specified in subsection (2).

 

     (b) Annual accounting valuations accountings as required in

 

subsection (7).

 

     Sec. 11525a. (1) The owner or operator of a landfill shall pay

 

a surcharge fee as follows:

 

     (a) Except as provided in subdivision (b) and subject to

 

subsection (3), 12 cents $4.44 for each cubic yard ton or portion

 

of a cubic yard ton of solid waste or municipal solid waste

 

incinerator ash that is disposed of in the landfill. before October

 

1, 2019.

 

     (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 fee 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 fee under subsection (1)(b) by January 31 of each year.

 

     (3) The state treasurer shall adjust the fee under subsection

 

(1)(a) due beginning in 2024, and every fifth year thereafter, by

 

an amount determined by the state treasurer to reflect the

 

cumulative percentage change in the Consumer Price Index from

 

October 1, 2018 through September 30, 2023, and every fifth year

 

thereafter. As used in this subsection, "Consumer Price Index"

 

means the most comprehensive index of consumer prices available for

 

this state from the Bureau of Labor Statistics of the United States

 

Department of Labor.

 

     (4) (3) The owner or operator of a landfill who is required to

 

pay the surcharge fee under subsection (1) shall pass through and

 

collect the surcharge fee 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.

 

     (5) (4) Surcharges Fees collected under this section shall be

 

forwarded to the state treasurer for deposit in the solid waste

 

staff account of the solid waste management clean Michigan fund


established in section 11550.

 

     (6) (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 described in section 11525(3).

 

     Sec. 11550. (1) The solid waste management fund is created

 

within the state treasury. The state treasurer may receive money

 

from any source for deposit into the fund. The state treasurer

 

shall direct the investment of the fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

     (2) Money in the solid waste management fund at the close of

 

the fiscal year shall remain in the fund and shall not lapse to the

 

general fund.

 

     (3) The state treasurer shall establish, within the solid

 

waste management fund, a solid waste staff account and a perpetual

 

care account.

 

     (4) Money shall be expended from the solid waste staff

 

account, upon appropriation, only for the following purposes:

 

     (a) Preparing generally applicable guidance regarding the

 

solid waste permit and license program or its implementation or

 

enforcement.

 

     (b) Reviewing and acting on any application for a permit or

 

license, permit or license revision, or permit or license renewal,

 

including the cost of public notice and public hearings.

 

     (c) Performing an advisory analysis under section 11510(1).

 

     (d) General administrative costs of running the permit and

 

license program, including permit and license tracking and data


entry.

 

     (e) Inspection of licensed disposal areas and open dumps.

 

     (f) Implementing and enforcing the conditions of any permit or

 

license.

 

     (g) Groundwater monitoring audits at disposal areas which are

 

or have been licensed under this part.

 

     (h) Reviewing and acting upon corrective action plans for

 

disposal areas which are or have been licensed under this part.

 

     (i) Review of certifications of closure.

 

     (j) Postclosure maintenance and monitoring inspections and

 

review.

 

     (k) Review of bonds and financial assurance documentation at

 

disposal areas which are or have been licensed under this part.

 

     (5) Money shall be expended from the perpetual care account

 

only for the purpose of conducting the following activities at

 

disposal areas which are or have been licensed under this part:

 

     (a) Postclosure maintenance and monitoring at a disposal area

 

where the owner or operator is no longer required to do so.

 

     (b) To conduct closure, or postclosure maintenance and

 

monitoring and corrective action if necessary, at a disposal area

 

where the owner or operator has failed to do so. Money shall be

 

expended from the account only after funds from any perpetual care

 

fund or other financial assurance mechanisms held by the owner or

 

operator have been expended and the department has used reasonable

 

efforts to obtain funding from other sources.

 

     (6) By March 1 annually, the department shall prepare and

 

submit to the governor, the legislature, the chairs of the standing


committees of the senate and house of representatives with primary

 

responsibility for issues related to natural resources and the

 

environment, and the chairs of the subcommittees of the senate and

 

house appropriations committees with primary responsibility for

 

appropriations to the department a report that details the

 

activities of the previous fiscal year funded by the staff account

 

of the solid waste management fund established in this section.

 

This report shall include, at a minimum, all of the following as it

 

relates to the department:

 

     (a) The number of full-time equated positions performing solid

 

waste management permitting, compliance, and enforcement

 

activities.

 

     (b) All of the following information related to the

 

construction permit applications received under section 11509:

 

     (i) The number of applications received by the department,

 

reported as the number of applications determined to be

 

administratively incomplete and the number determined to be

 

administratively complete.

 

     (ii) The number of applications determined to be

 

administratively complete for which a final action was taken by the

 

department. The number of final actions shall be reported as the

 

number of applications approved, the number of applications denied,

 

and the number of applications withdrawn by the applicant.

 

     (iii) The percentage and number of applications determined to

 

be administratively complete for which a final decision was made

 

within 120 days of receipt as required by section 11511.

 

     (c) All of the following information related to the operating


license applications received under section 11512:

 

     (i) The number of applications received by the department,

 

reported as the number of applications determined to be

 

administratively incomplete and the number determined to be

 

administratively complete.

 

     (ii) The number of applications determined to be

 

administratively complete for which a final action was taken by the

 

department. The number of final actions shall be reported as the

 

number of applications approved, the number of applications denied,

 

and the number of applications withdrawn by the applicant.

 

     (iii) The percentage and number of applications determined to

 

be administratively complete for which a final decision was made

 

within 90 days of receipt as required by section 11516.

 

     (d) The number of inspections conducted at licensed disposal

 

areas as required by section 11519.

 

     (e) The number of letters of warning sent to licensed disposal

 

areas.

 

     (f) The number of contested case hearings and civil actions

 

initiated and completed, the number of voluntary consent orders and

 

administrative orders entered or issued, and the amount of fines

 

and penalties collected through such actions or orders.

 

     (g) For each enforcement action that includes a penalty, a

 

description of what corrective actions were required by the

 

enforcement action.

 

     (h) The number of solid waste complaints received,

 

investigated, resolved, and not resolved by the department.

 

     (i) The amount of revenue in the staff account of the solid


waste management fund at the end of the fiscal year.

 

     (1) The clean Michigan fund is created within the state

 

treasury.

 

     (2) The state treasurer shall promptly transfer to the clean

 

Michigan fund any revenue in the solid waste management fund and

 

shall close the solid waste management fund. The state treasurer

 

may receive money or other assets from any source for deposit into

 

the clean Michigan fund. The state treasurer shall direct the

 

investment of the fund. The state treasurer shall credit to the

 

fund interest and earnings from fund investments.

 

     (3) Money in the clean Michigan fund at the close of the

 

fiscal year shall remain in the fund and shall not lapse to the

 

general fund.

 

     (4) The department shall be the administrator of the clean

 

Michigan fund for auditing purposes.

 

     (5) The department shall expend money from the clean Michigan

 

fund, upon appropriation, only for the following purposes:

 

     (a) The greater of $45,000,000.00 or 60% of the current fiscal

 

year revenue shall be used for environmental cleanup and

 

redevelopment, including, but not limited to, addressing

 

contaminated sites and emerging issues that have known or suspected

 

potential to cause adverse environmental or human health effects.

 

Criteria to determine which sites will be addressed each year may

 

include, but are not limited to, the following:

 

     (i) Population risk, such as the number of people exposed,

 

whether sensitive populations are exposed, and whether the exposure

 

occurs in a residential setting.


     (ii) Chemical risk, including the type and concentration of

 

chemicals and the public health risk associated with the chemicals.

 

     (b) The greater of $9,000,000.00 or 12% of the current fiscal

 

year revenue shall be used for waste management, including, but not

 

limited to, oversight of active landfills, asbestos landfill gas

 

monitoring, and department expenditures for closure, postclosure

 

monitoring or maintenance, or corrective action for disposal areas

 

that have been licensed under this part.

 

     (c) 75% of the revenue remaining after subdivisions (a) and

 

(b) have been accounted for shall be used for recycling, including,

 

but not limited to, the following:

 

     (i) Materials management planning, including grants to

 

counties, regional planning agencies, municipalities, and other

 

entities responsible for preparing, implementing, and maintaining

 

materials management plans.

 

     (ii) Local recycling programs, including grants to local units

 

of government and nonprofit and for-profit entities for recycling

 

infrastructure, local recycling outreach campaigns, and other costs

 

necessary to support increased recycling. Grants under this

 

subparagraph shall be dispersed on a competitive basis.

 

     (iii) Market development, including grants to local units of

 

government and nonprofit and for-profit entities for purchasing

 

equipment, research and development, or associated activities to

 

provide new or increased use of recycled materials to support the

 

development of recycling markets.

 

     (d) 25% of the revenue remaining after subdivisions (a) and

 

(b) have been accounted for shall be used for water quality


monitoring, including, but not limited to, beach monitoring,

 

monitoring for algal blooms in inland waters and along Great Lakes

 

shorelines, and source tracking.

 

     (6) By December 31 annually, the department shall prepare and

 

submit to the senate and house appropriations committees a report

 

detailing the amount of revenue received by and expenditures from

 

the clean Michigan fund during the prior fiscal year and the fund

 

balance at the end of the prior fiscal year.

 

     (7) The department may promulgate rules to implement this

 

section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.