Bill Text: MI SB1564 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Environmental protection; hazardous waste; treatment, storage, or disposal facility siting process; revise. Amends secs. 11102, 11107, 11118a, 11121, 11123, 11124, 11125, 11129, 11140 & 11153 of 1994 PA 451 (MCL 324.11102 et seq.) & repeals secs. 11116, 11117, 11118, 11119, 11120 & 11122 of 1994 PA 451 (MCL 324.11116 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0357'10 With Immediate Effect [SB1564 Detail]
Download: Michigan-2009-SB1564-Engrossed.html
SB-1564, As Passed House, December 3, 2010
SUBSTITUTE FOR
SENATE BILL NO. 1564
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11102, 11107, 11118a, 11121, 11123, 11124,
11125, 11129, 11140, and 11153 (MCL 324.11102, 324.11107,
324.11118a, 324.11121, 324.11123, 324.11124, 324.11125,
324.11129, 324.11140, and 324.11153), section 11118a as added by
1996 PA 182 and section 11153 as amended by 2008 PA 403; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 11102. (1) "Board" means a site review board
created in
2 section 11117.
3 (1) (2) "Contaminant"
means any of the following:
4 (a) Hazardous waste as defined in R 299.9203 of the Michigan
5 administrative code.
1 (b) Any hazardous waste or hazardous constituent listed in
2
40 CFR part 261, appendix VIII of
part 261 or 40 CFR part 264,
3 appendix IX.of part 264 of title 40 of the code of federal
4 regulations.
5 (2) (3) "Corrective
action" means an action determined by
6 the department to be necessary to protect the public health,
7 safety, or welfare, or the environment, and includes, but is not
8 limited to, investigation, evaluation, cleanup, removal,
9 remediation, monitoring, containment, isolation, treatment,
10 storage, management, temporary relocation of people, and
11 provision of alternative water supplies, or any corrective action
12 allowed under title II of the solid waste disposal act or
13 regulations promulgated pursuant to that act.
14 (3) (4) "Designated
facility" means a hazardous waste
15 treatment, storage, or disposal facility that has received a
16 permit or has interim status under the solid waste disposal act
17 or has a permit from a state authorized under section 3006 of
18 subtitle C of the solid waste disposal act, 42 U.S.C. USC 6926,
19 and which, if located in this state, has an operating license
20 issued under this part, has a legally binding agreement with the
21 department that authorizes operation, or is subject to the
22 requirements of section 11123(5) 11123(8).
23 (4) (5) "Disposal"
means the discharge, deposit, injection,
24 dumping, spilling, leaking, or placing of a hazardous waste into
25 or on land or water in a manner that the hazardous waste or a
26 constituent of the hazardous waste may enter the environment, be
27 emitted into the air, or be discharged into water, including
1 groundwater.
2 (5) (6) "Disposal
facility" means a facility or a part of a
3 facility where managed hazardous waste, as defined by rule, is
4 intentionally placed into or on any land or water and at which
5 hazardous waste will remain after closure.
6 (6) (7) "Failure
mode assessment" means an analysis of the
7 potential major methods by which safe handling of hazardous
8 wastes may fail at a treatment, storage, or disposal facility.
9 Sec. 11107. The department, and the board, in
the conduct of
10 their its duties as prescribed under this part, shall assist
in
11 encouraging, developing, and implementing methods of hazardous
12 waste management that are environmentally sound, that maximize
13 the utilization of valuable resources, and that encourage
14 resource conservation, including source separation, recycling,
15 and waste reduction, and that are consistent with the plan to be
16 provided by the department of public health pursuant to section
17 12103(d) 12103(1)(d) of the public health code, Act No. 368 of
18 the Public Acts of 1978, being section 333.12103 of the Michigan
19 Compiled Laws 1978 PA
368, MCL 333.12103. In addition, the
20 director, the department, and
the board, in the conduct of their
21 its duties as prescribed by this part, shall assist in
22 implementing the policy of this state to minimize the placement
23 of untreated hazardous waste in disposal facilities.
24 Sec. 11118a. (1) As used in this section, "multisource
25 commercial hazardous waste disposal well" has the meaning
26 ascribed to that term in section 62506a.
27 (2) A multisource commercial hazardous waste disposal well
Senate Bill No. 1564 as amended November 10, 2010
1 shall maintain on site a treatment facility and a storage
2 facility that have obtained a construction permit under section
3 11118 and an operating
license under section 11123.
4 (3) <<SUBJECT TO SUBSECTION (4),>> In addition to the
INFORMATION required under section
5 11123, the owner or operator of a proposed treatment and storage
6 facility with a multisource commercial hazardous waste disposal
7 well shall provide to the department in an application for an
8 operating license a business plan for the well operations. The
9 business plan shall contain all of the following information:
10 <<(A) THE TYPE, ESTIMATED QUANTITIES, AND EXPECTED
11 POTENTIAL SOURCES OF WASTES TO BE DISPOSED OF IN THE WELL.
12 (B) A FEASIBILITY STUDY ON THE VIABILITY OF THE DISPOSAL
13 WELL OPERATIONS.
14 (C) ADDITIONAL BUSINESS PLAN INFORMATION REQUIRED BY THE
15 DEPARTMENT AND RELATED SOLELY TO THE REQUIREMENTS OF
16 SUBDIVISIONS (A) and (B).
17 (D) ANY ADDITIONAL BUSINESS PLAN INFORMATION IF THE
18 DEPARTMENT AND APPLICANT AGREE THAT SUCH ADDITIONAL INFORMATION
19 SHOULD BE SUBMITTED.
20 (4) SUBSECTION (3) APPLIES ONLY TO A PERSON WHO SUBMITS AN
21 APPLICATION FOR AN OPERATING LICENSE, OTHER THAN A RENEWAL
OPERATING LICENSE, AFTER THE EFFECTIVE DATE OF THE 2010 AMENDATORY
ACT THAT ADDED THIS SUBSECION.
22 Sec. 11121. A local ordinance, permit requirement, or other
23 requirement does not prohibit the construction of a treatment,
24 storage, or disposal facility, except as otherwise provided in
25 section 11122 11123.
26 Sec. 11123. (1) Unless a person is complying with subsection
27 (5) (8) or a rule promulgated under section 11127(4), a
person
1 shall not establish, construct, conduct, manage, maintain, or
2 operate a treatment, storage, or disposal facility within this
3 state without an operating license from the department.
4 (2) An application for an operating license for a proposed
5 treatment, storage, or disposal facility or the expansion,
6 enlargement, or alteration of a treatment, storage, or disposal
7 facility beyond its original authorized design capacity or beyond
8 the area specified in an existing operating license, original
9 construction permit, or other authorization shall be submitted on
10 a form provided by the department and contain all of the
11 following:
12 (a) The name and residence of the applicant.
13 (b) The location of the proposed treatment, storage, or
14 disposal facility project.
15 (c) A copy of an actual published notice that the applicant
16 published at least 30 days before submittal of the application in
17 a newspaper having major circulation in the municipality and the
18 immediate vicinity of the proposed treatment, storage, or
19 disposal facility project. The notice shall contain a map
20 indicating the location of the proposed treatment, storage, or
21 disposal facility project and information on the nature and size
22 of the proposed facility. In addition, as provided by the
23 department, the notice shall contain a description of the
24 application review process, the location where the complete
25 application may be reviewed, and an explanation of how copies of
26 the complete application may be obtained.
27 (d) A written summary of the comments received at the public
1 preapplication meeting required by rule and the applicant's
2 response to the comments, including any revisions to the
3 application.
4 (e) A determination of existing hydrogeological
5 characteristics specified in a hydrogeological report and
6 monitoring program consistent with rules promulgated under this
7 part.
8 (f) An environmental assessment. The environmental
9 assessment shall include, at a minimum, an evaluation of the
10 proposed facility's impact on the air, water, and other natural
11 resources of this state, and also shall contain an environmental
12 failure mode assessment.
13 (g) The procedures for closure and postclosure monitoring.
14 (h) An engineering plan.
15 (i) Other information specified by rule or by federal
16 regulation issued under the solid waste disposal act.
17 (j) An application fee. The application fee shall be
18 deposited in the environmental pollution prevention fund created
19 in section 11130. Pursuant to procedures established by rule, the
20 application fee shall be the sum of $25,000.00 plus all of the
21 following, as applicable:
22 (i) For a landfill, surface
23 impoundment, land treatment,
24 or waste pile facility.................. $9,000.00
25 (ii) For an incinerator or
26 treatment facility other than
27 a treatment facility described in
1 subparagraph (i)........................ $7,200.00
2 (iii) For a storage facility, other
3 than storage that is associated with
4 treatment or disposal activities that
5 may be regulated under a single
6 license................................. $500.00
7 (k) Except as otherwise provided in this subdivision, a
8 disclosure statement that includes all of the following:
9 (i) The full name and business address of all of the
10 following:
11 (A) The applicant.
12 (B) The 5 persons holding the largest shares of the equity
13 in or debt liability of the proposed facility. The department may
14 waive all or any portion of this requirement for an applicant
15 that is a corporation with publicly traded stock.
16 (C) The operator. If a waiver is obtained under sub-
17 subparagraph (B), detailed information regarding the proposed
18 operator shall be included in the disclosure statement.
19 (D) If known, the 3 employees of the operator who will have
20 the most responsibility for the day-to-day operation of the
21 facility, including their previous experience with other
22 hazardous waste treatment, storage, or disposal facilities.
23 (E) Any other partnership, corporation, association, or
24 other legal entity if any person required to be listed under sub-
25 subparagraphs (A) to (D) has at any time had 25% or more of the
26 equity in or debt liability of that legal entity. The department
27 may waive all or any portion of this requirement for an applicant
1 that is a corporation with publicly traded stock.
2 (ii) A list of all convictions for criminal violations of any
3 environmental statute enacted by a federal, state, Canadian, or
4 Canadian provincial agency for each person required to be listed
5 under this subdivision. If debt liability is held by a chartered
6 lending institution, information required in this subparagraph
7 and subparagraphs (iii) and (iv) is not required from that
8 institution.
9 (iii) A list of all environmental permits or licenses issued
10 by a federal, state, local, Canadian, or Canadian provincial
11 agency held by each person required to be listed under this
12 subdivision that were permanently revoked because of
13 noncompliance.
14 (iv) A list of all activities at property owned or operated
15 by each person required to be listed under this subdivision that
16 resulted in a threat or potential threat to the environment and
17 for which public funds were used to finance an activity to
18 mitigate the threat or potential threat to the environment,
19 except if the public funds expended to facilitate the mitigation
20 of environmental contamination were voluntarily and expeditiously
21 recovered from the applicant or other listed person without
22 litigation.
23 (l) A demonstration that the applicant has considered each of
24 the following:
25 (i) The risk and impact of accident during the transportation
26 of hazardous waste to the treatment, storage, or disposal
27 facility.
1 (ii) The risk and impact of fires or explosions from improper
2 treatment, storage, and disposal methods at the treatment,
3 storage, or disposal facility.
4 (iii) The impact on the municipality where the proposed
5 treatment, storage, or disposal facility is to be located in
6 terms of health, safety, cost, and consistency with local
7 planning and existing development, including proximity to
8 housing, schools, and public facilities.
9 (iv) The nature of the probable environmental impact,
10 including the specification of the predictable adverse effects on
11 each of the following:
12 (A) The natural environment and ecology.
13 (B) Public health and safety.
14 (C) Scenic, historic, cultural, and recreational values.
15 (D) Water and air quality and wildlife.
16 (m) A summary of measures evaluated to mitigate the impacts
17 identified in subdivision (l) and a detailed description of the
18 measures to be implemented by the applicant.
19 (n) A schedule for submittal of all of the following
20 postconstruction documentation:
21 (i) Any changes in, or additions to, the previously submitted
22 disclosure information, or a certification that the disclosure
23 listings previously submitted continue to be correct, following
24 completion of construction of the treatment, storage, or disposal
25 facility.
26 (ii) A certification under the seal of a licensed
27 professional engineer verifying that the construction of the
1 treatment, storage, or disposal facility has proceeded according
2 to the plans approved by the department and, if applicable, the
3 approved construction permit, including as-built plans.
4 (iii) A certification of the treatment, storage, or disposal
5 facility's capability of treating, storing, or disposing of
6 hazardous waste in compliance with this part.
7 (iv) Proof of financial assurance as required by rule.
8 (3) If any information required to be included in the
9 disclosure statement under subsection (2)(k) changes or is
10 supplemented after the filing of the statement, the applicant or
11 licensee shall provide that information to the department in
12 writing not later than 30 days after the change or addition.
13 (4) Notwithstanding any other provision of law, the
14 department may deny an application for an operating license if
15 there are any listings pursuant to subsection (2)(k)(ii), (iii), or
16 (iv) as originally disclosed or as supplemented.
17 (5) The application for an operating license for a proposed
18 limited storage facility, which is subject to the requirements
19 pertaining to storage facilities, shall be submitted on a form
20 provided by the department and contain all of the following:
21 (a) The name and residence of the applicant.
22 (b) The location of the proposed facility.
23 (c) A determination of existing hydrogeological
24 characteristics specified in a hydrogeological report and
25 monitoring program consistent with rules promulgated under this
26 part.
27 (d) An environmental assessment. The environmental
1 assessment shall include, at a minimum, an evaluation of the
2 proposed facility's impact on the air, water, and other natural
3 resources of this state, and also shall contain an environmental
4 failure mode assessment.
5 (e) The procedures for closure.
6 (f) An engineering plan.
7 (g) Proof of financial responsibility.
8 (h) A resolution or other formal determination of the
9 governing body of each municipality in which the proposed limited
10 storage facility would be located indicating that the limited
11 storage facility is compatible with the zoning ordinance of that
12 municipality, if any. However, in the absence of a resolution or
13 other formal determination, the application shall include a copy
14 of a registered letter sent to the municipality at least 60 days
15 before the application submittal, indicating the intent to
16 construct a limited storage facility, and requesting a formal
17 determination on whether the proposed facility is compatible with
18 the zoning ordinance of that municipality, if any, in effect on
19 the date the letter is received, and indicating that failure to
20 pass a resolution or make a formal determination within 60 days
21 of receipt of the letter means that the proposed facility is to
22 be considered compatible with any applicable zoning ordinance.
23 If, within 60 days of receiving a registered letter, a
24 municipality does not make a formal determination concerning
25 whether a proposed limited storage facility is compatible with a
26 zoning ordinance of that municipality as in effect on the date
27 the letter is received, the limited storage facility is
1 considered compatible with any zoning ordinance of that
2 municipality, and incompatibility with a zoning ordinance of that
3 municipality shall not be a basis for denial of the license by
4 the department.
5 (i) An application fee of $500.00. The application fee shall
6 be deposited in the environmental pollution prevention fund
7 created in section 11130.
8 (j) Other information specified by rule or by federal
9 regulation issued under the solid waste disposal act.
10 (6) (2) The
application for an operating license shall
11 contain the for a
treatment, storage, or disposal facility other
12 than a facility identified in subsection (2) or (5) shall be made
13 on a form provided by the department and include all of the
14 following:
15
(a) The name and residence of the
applicant. , the
16
(b) The location of the proposed
or existing treatment,
17 storage, or disposal facility.
, and other
18 (c) Other information considered necessary by the department
19 including proof or
specified in this section, by rule, or by
20 federal regulation issued under the solid waste disposal act.
21
(d) Proof of financial
responsibility. In addition, the
22 application for the initial operating license after issuance of a
23 construction permit shall contain all of the disclosure
24 information called for in section 11118(4) that was not provided
25 as part of the construction permit application and any changes in
26 or additions to the previously submitted disclosure information.
27 In addition, the owner and operator shall certify that the
1 disclosure listings previously submitted continue to be correct.
2 An applicant for an operating license for a treatment, storage,
3 or disposal facility that is a surface impoundment, landfill, or
4 land treatment facility shall demonstrate financial
5 responsibility for claims arising from nonsudden and accidental
6 occurrences relating to the operation of the facility that cause
7 injury to persons or property. The application shall be
8 accompanied by a
9
(e) A fee of $500.00. The license
fees fee shall be
10 deposited in the general environmental pollution prevention fund
11 of the state created
in section 11130.
12 (3) The applicant also shall submit to the department a
13 certification under the seal of a registered professional
14 engineer verifying that the construction of the treatment,
15 storage, or disposal facility has proceeded according to the
16 plans approved by the department and, if applicable, the approved
17 construction permit. The department shall require additional
18 certification periodically during the operation or in order to
19 verify proper closure of the site. The department shall require
20 from those treatment, storage, or disposal facilities that are
21 permitted to operate pursuant to section 11116, certification of
22 the treatment, storage, or disposal facilities' capability of
23 treating, storing, or disposing of hazardous waste in compliance
24 with this part.
25 (7) (4) The
department shall establish a schedule for
26 requiring each person subject to subsection (5) (8) to
submit an
27 operating license application. The department may adjust this
1 schedule as necessary. Each person subject to subsection (5) (8)
2 shall submit a complete operating license application within 180
3 days of the date requested to do so by the department.
4 (8) (5) A
person who owns or operates a treatment, storage,
5 or disposal facility that is in existence on the effective date
6 of an amendment of this part or of a rule promulgated under this
7 part that renders all or portions of the facility subject to the
8 operating license requirements of this section may continue to
9 operate the facility or portions of the facility that are subject
10 to the operating license requirements until an operating license
11 application is approved or denied if all of the following
12 conditions have been met:
13 (a) A complete operating license application is submitted
14 within 180 days of the date requested by the department under
15 subsection (4) (7).
16 (b) The person is in compliance with all rules promulgated
17 under this part and with all other state laws.
18 (c) The person qualifies for interim status as defined in
19 the solid waste disposal act, is in compliance with interim
20 status standards established by federal regulation under subtitle
21 C of the solid waste disposal act, title II of Public Law 89-272,
22 42 U.S.C. 6921 to 6931 and 6933 to 6939b 42 USC 6921 to 6939e,
23 and has not had interim status terminated.
24 (9) A person may request to be placed on a department-
25 organized mailing list to be kept informed of any rules, plans,
26 operating license applications, contested case hearings, public
27 hearings, or other information or procedures relating to the
1 administration of this part. The department may charge a fee to
2 cover the cost of the materials.
3 Sec. 11124. (1) Upon receipt of an operating license
4 application meeting the requirements of Following the
5 construction of the proposed treatment, storage, or disposal
6 facility or the expansion, enlargement, or alteration of a
7 treatment, storage, or disposal facility beyond its original
8 authorized design capacity or beyond the area specified in an
9 existing operating license, original construction permit, or
10 other authorization, and the receipt of the postconstruction
11 documentation required under section 11123, the department shall
12 inspect the site and determine if the proposed treatment,
13 storage, or disposal facility complies with this part, the rules
14 promulgated under this part, and the stipulations included in the
15 approved treatment, storage, or disposal facility construction
16 permit operating
license. An inspection report shall be
filed in
17 writing by the department before issuing an operating license
18 final authorization to manage, maintain, and operate the
19 treatment, storage, or disposal facility and shall be made
20 available for public review.
21 (2) Upon receipt of an operating license application meeting
22 the requirements of section 11123(6), the department shall
23 inspect the site and determine if the treatment, storage, or
24 disposal facility complies with this part and the rules
25 promulgated under this part. An inspection report shall be filed
26 in writing by the department before issuing an operating license.
27 Sec. 11125. (1) Upon receipt of an operating license
1 application that complies with the requirements of section
2 11123(2), the department shall do all of the following:
3 (a) Notify the municipality and county in which the
4 treatment, storage, or disposal facility is located or proposed
5 to be located; a local soil erosion and sedimentation control
6 agency appointed pursuant to part 91; each division within the
7 department that has responsibility in land, air, or water
8 management; a regional planning agency established by executive
9 directive of the governor; and other appropriate agencies. The
10 notice shall describe the procedure by which the license may be
11 approved or denied.
12 (b) Review the plans of the proposed treatment, storage, or
13 disposal facility to determine if the proposed operation complies
14 with this part and the rules promulgated under this part. The
15 review shall be made within the department. The review shall
16 include, but need not be limited to, a review of air quality,
17 water quality, waste management, hydrogeology, and the
18 applicant's disclosure statement. A written and signed review by
19 each person within the department reviewing the application and
20 plans shall be received and filed in the department's license
21 application records before an operating license is issued or
22 denied by the department.
23 (c) Integrate the relevant provisions of all permits that
24 the applicant is required to obtain from the department to
25 construct the proposed treatment, storage, or disposal facility
26 into the operating license required by this part.
27 (d) Consider the mitigation measures proposed to be
1 implemented as identified in section 11123(2)(m).
2 (e) Hold a public hearing not more than 60 days after
3 receipt of the application.
4 (2) The department may establish operating license
5 conditions specifically applicable to the treatment, storage, or
6 disposal facility and operation at that site to mitigate adverse
7 impacts.
8
(3) (1) The department shall provide notice and an
9 opportunity for a public hearing before making a final decision
10 on an operating license application.
11 (4) The department shall make a final decision on an
12 operating license application within 140 days after the
13 department receives a complete application. However, if the
14 state's hazardous waste management program is authorized by the
15 United States environmental
protection agency under sections
16
section 3006 to 3009 of subtitle
C of the solid waste disposal
17 act, title II of Public Law 89-272, 42 U.S.C. 6926 to 6929 42 USC
18 6926, the department may extend the deadline beyond the
19 limitation provided in this section in order to fulfill the
20 public participation requirements of the solid waste disposal
21 act. The operating license may contain stipulations specifically
22 applicable to site and operation.
23 (5) A local ordinance, permit, or other requirement shall
24 not prohibit the operation of a licensed treatment, storage, or
25 disposal facility.
26 (6) (2) If any
information required to be included in the
27 disclosure statement required under section 11118 11123 changes
1 or is supplemented after the filing of the statement, the
2 applicant , permittee, or licensee shall provide that information
3 to the department in writing within 30 days of after the
change
4 or addition.
5 (7) (3) The
department may deny an operating license
6 application submitted pursuant to section 11123 if there are any
7 listings pursuant to section 11118(4)(b) to (d) that were not
8 identified during the site review board process or were any
9 information described in section 11123(2)(k)(ii) to (iv) was not
10 disclosed as required in section 11123(2) or this section.
11 (8) The department shall provide notice of the final
12 decision to persons on the organized mailing list for the
13 facility.
14 (9) Following the construction of a new, expanded, enlarged,
15 or altered treatment, storage, or disposal facility, the
16 department shall review all information required to be submitted
17 by the operating license. If the department finds that the owner
18 or operator has deviated from the specific conditions established
19 in the operating license, the department shall determine if cause
20 exists for modification or revocation of the operating license,
21 in accordance with provisions established by rule. At a minimum,
22 the postconstruction documentation shall include all of the
23 following:
24 (a) Updated disclosure information or a certification as
25 described in section 11123(2)(n)(i).
26 (b) A certification of construction as described in section
27 11123(2)(n)(ii). The department shall require additional
1 certification periodically during the operation or in order to
2 verify proper closure of the site.
3 (c) A certification of capability signed and sealed by a
4 licensed professional engineer as described in section
5 11123(2)(n)(iii).
6 (d) Information regarding any deviations from the specific
7 conditions in the operating license.
8 (e) Proof of financial responsibility.
9 Sec. 11129. (1) Except as provided in subsections (2) and
10 (3), information obtained by the department under this part is a
11 public record subject to disclosure as provided in the freedom of
12 information act, Act No. 442 of the Public Acts of 1976, being
13 sections 15.231 to 15.246 of the Michigan Compiled Laws 1976 PA
14 442, MCL 15.231 to 15.246.
15 (2) A person regulated under this part may designate a
16 record, permit application, other information, or a portion of a
17 record, permit application, or other information furnished to or
18 obtained by the department or its agents as being only for the
19 confidential use of the department. and the board. The
department
20 shall notify the regulated person of a request for public records
21 under section 5 of Act No. 442 of the Public Acts of 1976, being
22 section 15.235 of the Michigan Compiled Laws the freedom of
23 information act, 1976 PA 442, MCL 15.235, whose scope includes
24 information designated as confidential. The person regulated
25 under this part has 30 days after the receipt of the notice to
26 demonstrate to the department that the information designated as
27 confidential should not be disclosed because the information is a
1 trade secret or secret process or is production, commercial, or
2 financial information the disclosure of which would jeopardize
3 the competitive position of the person from whom the information
4 was obtained and make available information not otherwise
5 publicly available. The department shall grant the request for
6 the information unless the person regulated under this part makes
7 a satisfactory demonstration to the department that the
8 information should not be disclosed. If there is a dispute
9 between the owner or operator of a treatment, storage, or
10 disposal facility and the person requesting information under Act
11 No. 442 of the Public Acts of 1976, the commission the freedom of
12 information act, 1976 PA 442, MCL 15.231 to 15.246, the director
13 of the department shall make the decision to grant or deny the
14 request. When the department makes a decision to grant a request,
15 the information requested shall not be released until 3 days have
16 elapsed after the decision is made.
17 (3) Data on the quantity or composition of hazardous waste
18 generated, transported, treated, stored, or disposed of; air and
19 water emission factors, rates and characterizations; emissions
20 during malfunctions of equipment required under this part on
21 treatment, storage, or disposal facilities; or the efficiency of
22 air and water pollution control devices is not rendered as
23 confidential information by this section.
24 (4) The department may release any information obtained
25 under this part, including a record, permit application, or other
26 information considered confidential pursuant to subsection (2)
27 (1), to the United States environmental protection agency, the
1 United States agency for toxic substance disease registry, or
2 other agency authorized to receive information, including
3 confidential information, under the solid waste disposal act.
4 Sec. 11140. (1) The owner or operator of a treatment,
5 storage, or disposal facility shall submit a closure plan to the
6 department as part of the application for a construction permit
7
an operating license under section 11118
11123. In addition, the
8 owner or operator of a disposal facility shall submit a
9 postclosure monitoring and maintenance plan to the department as
10 part of the application. At a minimum, the closure plan shall
11 include a description of how the facility shall be closed,
12 possible uses of the land after closure, anticipated time until
13 closure, estimated time for closure, and each anticipated partial
14 closure. Those facilities described in section 11116 11123(6) and
15 (8) shall submit a closure and, if required by rule, a
16 postclosure plan with their operating license application.
17 (2) The department shall promulgate rules regarding
18 notification before closure of a treatment, storage, or disposal
19
facility, length of time permitted for
closure, of the treatment,
20 storage, or disposal facility, removal and decontamination of
21 equipment, security, groundwater and leachate monitoring system,
22 sampling analysis and reporting requirements, and any other
23 pertinent requirements.
24 Sec. 11153. (1) A generator, transporter, or treatment,
25 storage, or disposal facility shall obtain and utilize a site
26 identification number assigned by the United States environmental
27 protection agency or the department. Until October 1, 2011, the
1 department shall assess a site identification number user charge
2 of $50.00 for each site identification number it issues. The
3 department shall not issue a site identification number under
4 this subsection unless the site identification number user charge
5 and the tax identification number for the person applying for the
6 site identification number have been received by the department.
7 (2) Until October 1, 2011, except as provided in subsection
8 (9), the department shall annually assess hazardous waste
9 management program user charges as follows:
10 (a) A generator shall pay a handler user charge that is the
11 highest of the following applicable fees:
12 (i) A generator who generates more than 100 kilograms but
13 less than 1,000 kilograms of hazardous waste in any month during
14 the calendar year shall pay to the department an annual handler
15 user charge of $100.00.
16 (ii) A generator who generates 1,000 kilograms or more of
17 hazardous waste in any month during the calendar year and who
18 generates less than 900,000 kilograms during the calendar year
19 shall pay to the department an annual handler user charge of
20 $400.00.
21 (iii) A generator who generates 1,000 kilograms or more of
22 hazardous waste in any month during the calendar year and who
23 generates 900,000 kilograms or more of hazardous waste during the
24 calendar year shall pay to the department an annual handler user
25 charge of $1,000.00.
26 (b) An owner or operator of a treatment, storage, or
27 disposal facility for which an operating license is required
1 under section 11123 or for which an operating license has been
2 issued under section 11122 or 11125 shall pay to the department
3 an annual handler user charge of $2,000.00.
4 (c) A used oil processor or rerefiner, a used oil burner, or
5 a used oil fuel marketer as defined in the rules promulgated
6 under this part shall pay to the department an annual handler
7 user charge of $100.00.
8 (3) A handler shall pay the handler user charge specified in
9 subsection (2)(a) to (c) for each of the activities conducted
10 during the previous calendar year.
11 (4) Payment of the handler user charges shall be made using
12 a form provided by the department. The handler shall certify that
13 the information on the form is accurate. The department shall
14 send forms to the handlers by March 30 of each year unless the
15 handler user charges have been suspended as provided for in
16 subsection (9). A handler shall return the completed forms and
17 the appropriate payment to the department by April 30 of each
18 year unless the handler user charges have been suspended as
19 provided for in subsection (9).
20 (5) A handler who fails to provide timely and accurate
21 information, a complete form, or the appropriate handler user
22 charge is in violation of this part and is subject to both of the
23 following:
24 (a) Payment of the handler user charge and an administrative
25 fine of 5% of the amount owed for each month that the payment is
26 delinquent. Any payments received after the 15th of the month
27 after the due date shall be considered delinquent for that month.
1 However, the administrative fine shall not exceed 25% of the
2 total amount owed.
3 (b) Beginning 5 months after the date payment of the handler
4 user charge is due, but not paid if the amount owed under
5 subdivision (a) is not paid in full, at the request of the
6 department, an action by the attorney general for the collection
7 of the amount owed under subdivision (a) and the actual cost to
8 the department in attempting to collect the amount owed under
9 subdivision (a).
10 (6) The department shall maintain information regarding the
11 site identification number user charges under subsection (1) and
12 the handler user charges received collected under this section
as
13 necessary to satisfy the reporting requirements of subsection
14 (8).
15 (7) The site identification number user charges and the
16 handler user charges collected under this section and any amounts
17 collected under subsection (5) for a violation of this section
18 shall be forwarded to the state treasurer and deposited in the
19 environmental pollution prevention fund created in section 11130
20 and credited to the hazardous waste and liquid industrial waste
21 users account created in section 11130(5).
22 (8) The department shall evaluate the effectiveness and
23 adequacy of the site identification number user charges and the
24 handler user charges collected under this section relative to the
25 overall revenue needs of the state's hazardous waste management
26 program administered under this part. Not later than April 1 of
27 each even-numbered year, the department shall summarize its
1 findings under this subsection in a report and shall provide that
2 report to the legislature.
3 (9) Notwithstanding any other provision in this section, if
4 the balance of the hazardous waste and liquid industrial waste
5 users account created in section 11130(5), as of December 31 of
6 any year, exceeds $3,200,000.00, the department shall suspend the
7 handler user charges until October of the following year.
8 (10) As used in this section:
9 (a) "Handler" means the person required to pay the handler
10 user charge.
11 (b) "Handler user charge" means the annual hazardous waste
12 management program user charge provided for in subsection (2).
13 Enacting section 1. Sections 11116, 11117, 11118, 11119,
14 11120, and 11122 of the natural resources and environmental
15 protection act, 1994 PA 451, MCL 324.11116, 324.11117, 324.11118,
16 324.11119, 324.11120, and 324.11122, are repealed.
