Bill Text: MI HB5558 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Environmental protection; landfills; solid waste; establish disposal charge. Amends sec. 11525a of 1994 PA 451 (MCL 324.11525a) & adds secs. 11532a & 11532b. TIE BAR WITH: HB 5559'09

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2009-10-29 - Referred To Second Reading [HB5558 Detail]

Download: Michigan-2009-HB5558-Introduced.html

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HOUSE BILL No. 5558

October 28, 2009, Introduced by Reps. Scripps, Roberts, Kennedy, Miller, Haase, Haugh, Liss, Smith, Roy Schmidt, Warren, Donigan and Byrum and referred to the Committee on Great Lakes and Environment.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 11525a (MCL 324.11525a), as amended by 2007 PA

 

75, and by adding sections 11532a and 11532b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11525a. (1) Until October 1, 2011, the The owner or

 

operator of a landfill shall pay a surcharge as follows:

 

     (a) Except as provided in subdivision (b), until October 1,

 

2009, 7 cents for each cubic yard or portion of a cubic yard of

 

solid waste or municipal solid waste incinerator ash that is

 

disposed of in the landfill during the previous quarter of the

 

state fiscal year.

 

     (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 or municipal solid

 

waste incinerator shall pay the surcharge 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 under subsection (1)(b) by

 

January 31 of each year.

 

     (3) The owner or operator of a landfill or municipal solid

 

waste incinerator who is required to pay the surcharge under

 

subsection (1) may pass through and collect the surcharge 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.

 

     (4) Surcharges collected under this section shall be forwarded

 

to the state treasurer for deposit in the solid waste staff account

 

of the solid waste management fund established in section 11550.

 

     (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 specified in section 11525(3).

 

     Sec. 11532a. (1) Beginning October 1, 2009, a recycling and

 

waste diversion surcharge of $7.50 is assessed on each ton of solid

 

waste that is disposed of in a landfill or municipal solid waste

 

incinerator.

 

     (2) The owner or operator of a landfill or municipal solid

 

waste incinerator shall pay the recycling and waste diversion

 

surcharge under this section to the department within 30 days after

 

the end of each quarter of the state fiscal year. The department

 

shall forward all recycling and waste diversion surcharge revenue

 

it receives to the state treasurer for deposit into the recycling

 

fund.

 

     (3) The owner or operator of a landfill or municipal solid

 

waste incinerator who is required to pay the recycling and waste

 

diversion surcharge under subsection (2) may pass through and

 

collect the surcharge from the generators of the solid waste or

 

from the persons 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.

 

     Sec. 11532b. (1) The recycling and waste diversion fund is

 

created within the state treasury.

 

     (2) Recycling and waste diversion surcharge revenue under

 

section 11532a shall be deposited in the recycling fund. The state

 

treasurer may receive money or other assets from any other source

 

for deposit in the recycling fund. The state treasurer shall direct

 

the investment of the recycling fund. The state treasurer shall

 

credit to the recycling fund interest and earnings from recycling

 

fund investments.

 

     (3) Money in the recycling fund at the close of the fiscal

 

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

 

general fund.

 

     (4) The department of environmental quality shall be the

 

administrator of the fund for auditing purposes.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5559(request no.

 

01127'09 *) of the 95th Legislature is enacted into law.