SB-1195, As Passed Senate, December 4, 2018
November 8, 2018, Introduced by Senator WARREN and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 11109.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 is $5.00 per ton, 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 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) To pay refunds to generators under this section.
(b) To fund the department's regulation and oversight of the
disposal of TENORM in this state.
(c) To provide grants to local units of government and
landfill operators to obtain equipment to monitor TENORM radiation.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No._1196
of the 99th Legislature is enacted into law.