Bill Text: MI HB5332 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Environmental protection: landfills; TENORM and hazardous waste disposal fees; increase and require percentage to be distributed to host community. Amends secs. 11108, 11109 & 11130 of 1994 PA 451 (MCL 324.11108 et seq.).
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced) 2023-12-31 - Bill Electronically Reproduced 11/14/2023 [HB5332 Detail]
Download: Michigan-2023-HB5332-Introduced.html
HOUSE BILL NO. 5332
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11108, 11109, and 11130 (MCL 324.11108, 324.11109, and 324.11130), sections 11108 and 11130 as amended by 2013 PA 73 and section 11109 as added by 2018 PA 689.
the people of the state of michigan enact:
Sec. 11108. (1) Except as otherwise provided in this section, each the owner or operator of a landfill shall pay to the department a fee assessed on hazardous waste disposed of in the landfill. The fee shall be based on the quantity of hazardous waste specified on the manifest or monthly operating report and, through December 31, 2023, 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. Subject to subsection (9), beginning January 1, 2024, the fee shall be $25.00 per ton, $25.00 per cubic yard, or 1.25 cents 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, through December 31, 2023, 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. Subject to subsection (9), beginning January 1, 2024, the fee shall be $25.00 per ton, $25.00 per cubic yard, 10 cents per gallon, or 1.25 cents 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 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 that 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 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 quantity 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 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 A landfill or 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 quantity 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, quantities, and the amount of the fee assessed.
(7) A generator 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 a reduction in the amount of hazardous waste 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. 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 generated or disposed of in a landfill through December 31, 2023. The refund shall be in the amount of $25.00 per ton, $25.00 per cubic yard, 10 cents per gallon, or 1.25 cents per pound of reduction in the amount of hazardous waste generated or disposed of in a landfill beginning January 1, 2024, subject to subsection (9). 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 before the date of filing. 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. 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. A form submitted by the generator as provided for in subsection (7) shall must be certified by the generator or the generator's authorized agent.
(9) Beginning January 1, 2029, and every fifth year thereafter, the state treasurer shall adjust each of the current fees under this section by an amount determined by the state treasurer to reflect the cumulative percentage change in the Consumer Price Index during the most recent 5-year period for which Consumer Price Index statistics are available. 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, or a successor agency.
(10) (9) The department shall maintain information regarding the landfill disposal fees received and refunds provided under this section.
(11) (10) The fees collected under this section shall be forwarded to the state treasurer and deposited in the 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 Subject to section 11109(6), money from the environmental pollution prevention fund shall be expended, upon appropriation, only for 1 or more of the following purposes:
(a) For deposit in the general fund of a city or township where a landfill or solidification facility is located, to be used to promote the public health, safety, or welfare of the city or township. Forty percent of the fees paid by the owner or operator of a landfill or solidification facility under this section, after deducting any refunds under subsection (7), shall be paid to the city or township where the landfill or solidification facility is located. However, if the city or township where the landfill or solidification facility is located has a host community agreement under which it receives revenue from the owner or operator of the landfill or solidification facility, 100% of the surcharges collected from the owner or operator of the landfill or solidification facility shall be expended for the purposes of subdivisions (b) to (e).
(b) (a) To pay refunds to generators under this section.
(c) (b) To fund programs created under this part, part 143, part 145, or the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480.
(d) (c) Not more than $500,000.00 to implement section 3103a.
(e) (d) To fund the permit to install program established under section 5505.
Sec. 11109. (1) The owner or operator of a landfill shall pay to the department a fee assessed on TENORM disposed of in the landfill. The fee, through December 31, 2023, is $5.00 per ton. , Beginning January 1, 2024, the fee is $12.50 per ton. Beginning January 1, 2029, and every fifth year thereafter, the state treasurer shall adjust the current fee under this subsection by an amount determined by the state treasurer to reflect the cumulative percentage change in the Consumer Price Index during the most recent 5-year period for which Consumer Price Index statistics are available. 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, or a successor agency. The fee shall be based on the quantity of TENORM specified on the monthly operating report. The fee for fractional tons of TENORM shall be proportional. The fee shall be paid within 30 days after the end of each calendar year quarter.
(2) The department shall take enforcement action to collect fees that are not paid as required by this section.
(3) The landfill 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 specify the volume weight of TENORM disposed of at the landfill during the preceding calendar quarter and the amount of fee revenue being forwarded to the department.
(4) The department shall maintain information regarding the fees collected under this section.
(5) The TENORM account is created within the environmental pollution prevention fund created in section 11130. The department shall forward fees collected under this section to the state treasurer for deposit in the TENORM account. The state treasurer may receive money or other assets from any other source for deposit into the account. The state treasurer shall direct the investment of the account. The state treasurer shall credit to the account interest and earnings from account investments. Money remaining in the account at the close of the fiscal year shall not lapse to the general fund.
(6) Money from the TENORM account shall be expended, upon appropriation, only for 1 or more of the following purposes:
(a) For deposit in the general fund of a city or township where a landfill at which TENORM is disposed is located, to be used to promote the public health, safety, or welfare of the city or township. Twenty-five percent of the fees paid by the owner or operator of a landfill under this section, after deducting any refunds under subdivision (b), shall be paid to the city or township where the landfill is located. However, if the city or township where the landfill is located has a host community agreement under which it receives revenue from the owner or operator of the landfill, 100% of the fees paid by the owner or operator of the landfill shall be expended for the purposes of subdivisions (b) to (d).
(b) (a) To pay refunds to generators under this section.
(c) (b) To fund the department's regulation and oversight of the disposal of TENORM in this state.
(d) (c) To provide grants to local units of government and landfill operators to obtain equipment to monitor TENORM radiation.
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. These accounts include the TENORM account created in section 11109 and the liquid industrial waste by-product transporter account created in section 12117. 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) Sections 11109, 11123, 11153, and 12117 specify sources of revenue for and authorized expenditures from the environmental pollution prevention fund.
