HOUSE BILL No. 4626 April 19, 2001, Introduced by Reps. DeVuyst, Patterson, Howell, Richner, Raczkowski, Lipsey, Richardville, Koetje and Kowall and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11104, 11108, 11130, 11135, 12101, 12102, 12103, 12109, and 12112 (MCL 324.11104, 324.11108, 324.11130, 324.11135, 324.12101, 324.12102, 324.12103, 324.12109, and 324.12112), sections 11104 and 11130 as amended by 1998 PA 139 and sections 12101, 12102, 12103, and 12109 as amended by 1998 PA 140, and by adding section 11153. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 11104. (1) "Operator" means the person responsible for 2 the overall operation of a disposal, treatment, or storage facil- 3 ity with approval of the department either by contract or 4 license. 5 (2) "SITE IDENTIFICATION NUMBER" MEANS A NUMBER THAT IS 6 ASSIGNED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR 03072'01 JCB 2 1 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S DESIGNEE TO 2 EACH GENERATOR, EACH TRANSPORTER, AND EACH TREATMENT, STORAGE, OR 3 DISPOSAL FACILITY. IF THE GENERATOR OR TRANSPORTER OR THE TREAT- 4 MENT, STORAGE, OR DISPOSAL FACILITY MANAGES WASTES THAT ARE HAZ- 5 ARDOUS UNDER THIS PART AND THE RULES PROMULGATED UNDER THIS PART 6 BUT ARE NOT HAZARDOUS UNDER THE SOLID WASTE DISPOSAL ACT, SITE 7 IDENTIFICATION NUMBER MEANS AN EQUIVALENT NUMBER THAT IS ASSIGNED 8 BY THE DEPARTMENT. 9 (3)(2)"Solid waste" means that term as it is defined in 10 part 115. 11 (4)(3)"Storage" means the holding of hazardous waste for 12 a temporary period, at the end of which the hazardous waste is 13 treated, disposed of, or stored elsewhere. 14 (5)(4)"Storage facility" means a facility or part of a 15 facility where managed hazardous waste, as defined by rule, is 16 subject to storage. A generator who accumulates managed hazard- 17 ous waste, as defined by rule, on site in containers or tanks for 18 less than 91 days or a period of time prescribed by rule is not a 19 storage facility. 20 (6)(5)"Surface impoundment" or "impoundment" means a 21 treatment, storage, or disposal facility or part of a treatment, 22 storage, or disposal facility that is a natural topographic 23 depression, human-made excavation, or diked area formed primarily 24 of earthen materials, although it may be lined with human-made 25 materials, that is designed to hold an accumulation of liquid 26 wastes or wastes containing free liquids, and that is not an 27 injection well. Surface impoundments include, but are not 03072'01 3 1 limited to, holding, storage, settling, and aeration pits, ponds, 2 and lagoons. 3 (7)(6)"The solid waste disposal act" means title II of 4 Public Law 89-272, 42 U.S.C. 6901, 6902 to 6907, 6911, 6912 to 5 6914a, 6915 to 6916, 6921 to 6939e, 6941, 6942 to 6949a, 6951 to 6 6956, 6961 to 6964, 6971 to 6979b, 6981 to 6987, 6991 to 6991i, 7 and 6992 to 6992k. 8 (8)(7)"Transporter" means a person engaged in the 9 off-site transportation of hazardous waste by air, rail, highway, 10 or water. 11 (9)(8)"Treatment" means any method, technique, or pro- 12 cess, including neutralization, designed to change the physical, 13 chemical, or biological character or composition of any hazardous 14 waste, to neutralize the waste, to recover energy or material 15 resources from the waste, or to render the waste nonhazardous or 16 less hazardous, safer to transport, store, or dispose of, amena- 17 ble to recovery, amenable to storage, or reduced in volume. 18 Treatment includes any activity or processing designed to change 19 the physical form or chemical composition of hazardous waste so 20 as to render it nonhazardous. 21 (10)(9)"Treatment facility" means a facility or part of 22 a facility where managed hazardous waste, as defined by rule, is 23 subject to treatment. 24 (11)(10)"Updated plan" means the updated state hazardous 25 waste management plan prepared under section 11110. 26 (12)(11)"Vehicle" means a transport vehicle as defined 27 in 49 C.F.R. 171.8. 03072'01 4 1 Sec. 11108. (1) Except as otherwise provided in this 2 section, each owner or operator of a landfill shall pay to the 3 department a fee assessed on hazardous waste disposed of in a 4 landfill. The fee shall be based on the quantity of HAZARDOUS 5 waste specified on the manifest or monthly operating report and 6 shall be $10.00 per ton, $10.00 per cubic yard, or 1/2 cent per 7 pound depending on the unit of measure used by the owner or oper- 8 ator to calculate the fee. The fee for fractional quantities of 9 hazardous waste shall be proportional. If the HAZARDOUS waste is 10 required to be listed on a manifest and the owner or operator of 11 the landfill determines that the HAZARDOUS waste quantity figure 12 on the manifest is not accurate, the owner or operator shall cor- 13 rect the HAZARDOUS waste quantity figure on all manifest copies 14 accompanying the shipment, note the reason for the changes in the 15 discrepancy indication space on the manifest, and assess the fee 16 in accordance with the corrected HAZARDOUS waste quantity 17 figure. Payment shall be made within 30 days after the close of 18 each quarter. The landfill owner or operator shall assess 19 off-site generators the fee. The fee for hazardous waste that is 20 generated and disposed of on the site of a landfill owner or 21 operator shall be paid by that owner or operator. 22 (2) Except as otherwise provided in this section, each owner 23 or operator of a solidification facility licensed pursuant to 24 section 11123 shall pay to the department a fee assessed on haz- 25 ardous waste received at the solidification facility. The fee 26 shall be based on the quantity of HAZARDOUS waste specified on 27 the manifest or monthly operating report and shall be $10.00 per 03072'01 5 1 ton, $10.00 per cubic yard, 4 cents per gallon, or 1/2 cent per 2 pound depending on the unit of measure used by the owner or oper- 3 ator to calculate the fee. The fee for fractional quantities of 4 hazardous waste shall be proportional. If the HAZARDOUS waste is 5 required to be listed on a manifest and the owner or operator of 6 the solidification facility determines that the HAZARDOUS waste 7 quantity figure on the manifest is not accurate, the owner or 8 operator shall correct the HAZARDOUS waste quantity figure on all 9 manifest copies accompanying the shipment, note the reason for 10 the change in the discrepancy indication space on the manifest, 11 and assess the fee in accordance with the corrected HAZARDOUS 12 waste quantity figure. Payment shall be made within 30 days 13 after the close of each quarter. The solidification facility 14 owner or operator shall assess off-site generators the fee. The 15 fee for hazardous waste that is generated and solidified on the 16 site of a solidification owner or operator shall be paid by that 17 owner or operator. 18 (3) The following hazardous waste is exempt from the fees 19 provided for in this section: 20 (a) Ash that results from the incineration of hazardous 21 waste or the incineration of solid waste as defined in part 115. 22 (b) Hazardous waste exempted by rule because of its charac- 23 ter or the treatment it has received. 24 (c) Hazardous waste that is removed from a site of environ- 25 mental contamination that is included in a list submitted to the 26 legislature pursuant to section 20105, or hazardous waste that is 03072'01 6 1 removed as part of a site cleanup activity at the expense of the 2 state or federal government. 3 (d) Solidified hazardous waste produced by a solidification 4 facility licensed pursuant to section 11123 and destined for land 5 disposal. 6 (e) Hazardous waste generated pursuant to a 1-time closure 7 or site cleanup activity in this state if the closure or cleanup 8 activity has been authorized in writing by the department. 9 Hazardous waste resulting from the cleanup of inadvertent 10 releases which occur after March 30, 1988 is not exempt from the 11 fee. 12 (f) Primary and secondary wastewater treatment solids from a 13 wastewater treatment plant that includes an aggressive biological 14 treatment facility as defined in section 3005(j)(12)(B) of subti- 15 tle C of the solid waste disposal act, TITLE II OF PUBLIC LAW 16 89-272, 42 U.S.C. 6925. 17 (g) Emission control dust or sludge from the primary produc- 18 tion of steel in electric furnaces. 19 (4) An owner or operator of a landfill or solidification 20 facility shall assess or pay the fee described in this section 21 unless a written signed certification is provided by the genera- 22 tor indicating that the HAZARDOUS waste is exempt from the fee. 23 If the HAZARDOUS waste that is exempt from the fee is required to 24 be listed on a manifest, the certification shall contain the man- 25 ifest number of the shipment and the specific fee exemption for 26 which the HAZARDOUS waste qualifies. If the HAZARDOUS waste that 27 is exempt from the fee is not required to be listed on a 03072'01 7 1 manifest, the certification shall provide the volume of exempt 2 HAZARDOUS waste, the waste code or waste codes of the exempt 3 waste, the date of disposal or solidification, and the specific 4 fee exemption for which the HAZARDOUS waste qualifies. The owner 5 or operator of the landfill or solidification facility shall 6 retain this certification for 4 years from the date of receipt. 7 (5) The department or a health department certified pursuant 8 to section 11145 shall evaluate the accuracy of generator fee 9 exemption certifications and shall take enforcement action 10 against a generator who files a false certificate. In addition, 11 the department shall take enforcement action to collect fees that 12 are not paid as required by this section. 13 (6) The landfill owner or operator and the solidification 14 facility owner or operator shall forward fee revenue due to the 15 department with a completed form that is provided or approved by 16 the department. The owner or operator shall certify that all 17 information provided in the form is accurate. The form shall 18 include the following information: 19 (a) The volume of HAZARDOUS waste subject to a fee. 20 (b) The name of each generator who was assessed a fee, the 21 generator's identification number, manifest numbers, HAZARDOUS 22 waste volumes, and the amount of the fee assessed. 23 (7) A generator who documents to the department, on a form 24 provided by the department, a reduction in the amount of hazard- 25 ous waste generated as a result of a process change, or documents 26 a reduction in the amount of hazardous waste that is being 27 disposed of in a landfill, either directly or following 03072'01 8 1 solidification at a solidification facility, as a result of a 2 process change or the generator's increased use of source separa- 3 tion, input substitution, process reformulation, recycling, 4 treatment, or an exchange of hazardous waste that results in a 5 utilization of that HAZARDOUS waste, is eligible for a refund 6 from the state. The refund shall be in the amount of $10.00 per 7 ton, $10.00 per cubic yard, 4 cents per gallon, or 1/2 cent per 8 pound of HAZARDOUS waste reduced or managed through an alterna- 9 tive to landfill disposal. A generator is not eligible to 10 receive a refund for that portion of a reduction in the amount of 11 hazardous waste generated that is attributable to a decrease in 12 the generator's level of production of the products that resulted 13 in the generation of the hazardous waste. 14 (8)Commencing in 1990 and in each following year, aA 15 generator seeking a refund shall calculate the refund due by com- 16 paring HAZARDOUS waste generation, treatment, and disposal activ- 17 ity in the calendar year immediately preceding the date of filing 18 with HAZARDOUS waste generation, treatment, and disposal activity 19 in the calendar year 2 years prior to the date of filing. 20 (9) To be eligible for a refund, a generator shall file a 21 request with the department by June 30 of the year following the 22 year for which the refund is being claimed. 23 (10) A refund shall not exceed the total fees paid by the 24 generator to the landfill operator or owner and the solidifica- 25 tion facility operator or owner. 03072'01 9 1 (11) A form submitted by the generator as provided for in 2 subsection (7) shall be certified by the generator or the 3 generator's authorized agent. 4 (12) The department shall maintain information regarding the 5 landfill disposal fees received and refunds providedpursuant6toUNDER this section. 7 (13) The fees collectedpursuant toUNDER this section 8 shall be forwarded to the state treasurer and deposited in the 9 general fund to be appropriated to pay refunds to generators 10 under this section and to fund programs created under part 143, 11andpart 145 AND, FOR STATE FISCAL YEARS 2002 AND 2003 ONLY, 12 PART 111. 13 Sec. 11130. (1) Thehazardous waste transporter account is14created within theenvironmental pollution prevention fund 15whichisherebycreated in the state treasury. 16 (2) The state treasurer may receive money or other assets 17 from any source for deposit into the ENVIRONMENTAL POLLUTION PRE- 18 VENTION FUND OR INTO AN account WITHIN THE ENVIRONMENTAL POLLU- 19 TION PREVENTION FUND. The state treasurer shall direct the 20 investment of theaccountENVIRONMENTAL POLLUTION PREVENTION 21 FUND. The state treasurer shall credit totheEACH account 22 WITHIN THE ENVIRONMENTAL POLLUTION PREVENTION FUND interest and 23 earnings from account investments. 24 (3) Money remaining in theaccountENVIRONMENTAL POLLUTION 25 PREVENTION FUND AND IN ANY ACCOUNT WITHIN THE ENVIRONMENTAL POL- 26 LUTION PREVENTION FUND at the close of the fiscal year shall not 27 lapse to the general fund. 03072'01 10 1 (4) THE HAZARDOUS WASTE TRANSPORTER ACCOUNT IS CREATED 2 WITHIN THE ENVIRONMENTAL POLLUTION PREVENTION FUND. The depart- 3 ment shall expend money from the HAZARDOUS WASTE TRANSPORTER 4 account, upon appropriation, for the implementation of this 5 part. In addition, funds not expended for the implementation of 6 this part may be utilized for emergency response and cleanup 7 activities related to hazardous waste that are initiated by the 8 department. 9 (5) THE HAZARDOUS WASTE AND LIQUID INDUSTRIAL WASTE USERS 10 ACCOUNT IS CREATED WITHIN THE ENVIRONMENTAL POLLUTION PREVENTION 11 FUND. THE DEPARTMENT SHALL EXPEND MONEY FROM THE HAZARDOUS WASTE 12 AND LIQUID INDUSTRIAL WASTE USERS ACCOUNT, UPON APPROPRIATION, TO 13 IMPLEMENT THE STATE'S HAZARDOUS WASTE MANAGEMENT PROGRAM IN 14 ACCORDANCE WITH THIS PART AND THE RULES PROMULGATED UNDER THIS 15 PART. THE TARGET REVENUE PROJECTION FOR THE HAZARDOUS WASTE AND 16 LIQUID INDUSTRIAL WASTE USERS ACCOUNT IS $1,600,000.00. 17 Sec. 11135. (1) A hazardous waste generator shall provide a 18 separate manifest to the transporter for each load of hazardous 19 waste transported to property that is not on the site where it 20 was generated.TheBEGINNING ON OCTOBER 1, 2002, A PERSON 21 REQUIRED TO PREPARE A MANIFEST SHALL SUBMIT TO THE DEPARTMENT A 22 MANIFEST PROCESSING USER CHARGE OF $6.00 PER MANIFEST AND HIS OR 23 HER TAX IDENTIFICATION NUMBER. EACH CALENDAR YEAR, THE DEPART- 24 MENT MAY ADJUST THE MANIFEST PROCESSING USER CHARGE AS NECESSARY 25 TO ENSURE THAT THE TOTAL CUMULATIVE AMOUNT OF THE USER CHARGES 26 ASSESSED PURSUANT TO THIS SECTION AND SECTIONS 11153, 12103, 27 12109, AND 12112 ARE CONSISTENT WITH THE TARGET REVENUE 03072'01 11 1 PROJECTION FOR THE HAZARDOUS WASTE AND LIQUID INDUSTRIAL WASTE 2 USERS ACCOUNT AS PROVIDED FOR IN SECTION 11130(5). HOWEVER, THE 3 MANIFEST PROCESSING USER CHARGE SHALL NOT EXCEED $8.00 PER 4 MANIFEST. MONEY COLLECTED UNDER THIS SUBSECTION SHALL BE FOR- 5 WARDED TO THE STATE TREASURER FOR DEPOSIT INTO THE ENVIRONMENTAL 6 POLLUTION PREVENTION FUND CREATED IN SECTION 11130 AND CREDITED 7 TO THE HAZARDOUS WASTE AND LIQUID INDUSTRIAL WASTE USERS ACCOUNT 8 CREATED IN SECTION 11130(5). 9 (2) PAYMENT OF THE MANIFEST PROCESSING USER CHARGES UNDER 10 SUBSECTION (1) SHALL BE MADE USING A FORM PROVIDED BY THE 11 DEPARTMENT. BEGINNING IN 2004, THE DEPARTMENT SHALL SEND A FORM 12 TO EACH PERSON SUBJECT TO THE MANIFEST PROCESSING USER CHARGE BY 13 FEBRUARY 28 OF EACH YEAR. THE FORM SHALL SPECIFY THE NUMBER OF 14 MANIFESTS PREPARED BY THAT PERSON AND PROCESSED BY THE DEPARTMENT 15 DURING THE PREVIOUS FISCAL YEAR. BEGINNING IN 2004, A PERSON 16 SUBJECT TO THE MANIFEST PROCESSING USER CHARGE SHALL RETURN THE 17 COMPLETED FORM AND THE APPROPRIATE PAYMENT TO THE DEPARTMENT BY 18 APRIL 30 OF EACH YEAR. 19 (3) A PERSON WHO FAILS TO PROVIDE TIMELY AND ACCURATE INFOR- 20 MATION, A COMPLETE FORM, OR THE APPROPRIATE MANIFEST PROCESSING 21 USER CHARGE AS PROVIDED FOR IN THIS SECTION IS IN VIOLATION OF 22 THIS PART AND IS SUBJECT TO ALL OF THE FOLLOWING: 23 (A) PAYMENT OF THE MANIFEST PROCESSING USER CHARGE AND 24 INTEREST ON THE AMOUNT DUE BASED ON THE RATE SET FORTH IN SECTION 25 6013(3)(B) OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, 26 MCL 600.6013, USING THE FULL INCREMENT OF THE AMOUNT DUE AS 03072'01 12 1 PRINCIPAL, AND CALCULATED FROM THE DUE DATE FOR THE PAYMENT UNTIL 2 THE DELINQUENT PAYMENT IS FINALLY MADE IN FULL. 3 (B) BEGINNING 6 MONTHS AFTER THE DATE PAYMENT IS DUE, BUT 4 NOT PAID, A CIVIL FINE EQUAL TO 5 TIMES THE AMOUNT OF THE APPLI- 5 CABLE MANIFEST PROCESSING USER CHARGE. 6 (C) BEGINNING 9 MONTHS AFTER THE DATE PAYMENT IS DUE, BUT 7 NOT PAID, AT THE REQUEST OF THE DEPARTMENT, AN ACTION BY THE 8 ATTORNEY GENERAL FOR THE COLLECTION OF THE AMOUNTS OWED UNDER 9 SUBDIVISIONS (A) AND (B) AND THE ACTUAL COST TO THE DEPARTMENT IN 10 ATTEMPTING TO COLLECT AMOUNTS OWED UNDER SUBDIVISIONS (A) AND 11 (B). 12 (4) ANY AMOUNTS COLLECTED UNDER SUBSECTION (3) FOR A VIOLA- 13 TION OF THIS SECTION SHALL BE FORWARDED TO THE STATE TREASURER 14 AND DEPOSITED IN THE ENVIRONMENTAL POLLUTION PREVENTION FUND CRE- 15 ATED IN SECTION 11130 AND CREDITED TO THE HAZARDOUS WASTE AND 16 LIQUID INDUSTRIAL WASTE USERS ACCOUNT CREATED IN SECTION 17 11130(5). 18 (5) THE DEPARTMENT SHALL MAINTAIN INFORMATION REGARDING THE 19 MANIFEST PROCESSING USER CHARGES RECEIVED UNDER THIS SECTION AS 20 NECESSARY TO SATISFY THE REPORTING REQUIREMENTS OF SUBSECTION 21 (6). 22 (6) BEGINNING IN 2005, THE DEPARTMENT SHALL EVALUATE THE 23 EFFECTIVENESS AND ADEQUACY OF THE MANIFEST PROCESSING USER 24 CHARGES COLLECTED UNDER THIS SECTION RELATIVE TO THE OVERALL REV- 25 ENUE NEEDS OF THE STATE'S HAZARDOUS WASTE MANAGEMENT PROGRAM 26 ADMINISTERED UNDER THIS PART. BEGINNING IN 2006, NOT LATER THAN 27 APRIL 1 OF EACH EVEN-NUMBERED YEAR, THE DEPARTMENT SHALL 03072'01 13 1 SUMMARIZE ITS FINDINGS UNDER THIS SUBSECTION IN A REPORT AND 2 SHALL PROVIDE THAT REPORT TO THE LEGISLATURE. 3 (7) A generator shall include on the manifest details as 4 specified by the department and shall at least include sufficient 5 qualitative and quantitative analysis and physical description to 6 evaluate toxicity and methods of transportation, storage, and 7 disposal. The manifest also shall include safety precautions as 8 necessary for each load of HAZARDOUS waste. The generator shall 9 submit to the department a copy of the manifest within a period 10 of 10 days after the end of the month for each load of HAZARDOUS 11 waste transported within that month. 12 (8)(2)The generator shall certify that the information 13 contained on the manifest is factual. 14 (9)(3)The specified destination of each load of hazard- 15 ous waste IDENTIFIED ON THE MANIFEST shall be a designated 16 facility. 17 (10)(4)A generator who does not receive a copy of the 18 manifest with the handwritten signature of the owner or operator 19 of the designated facility within 35 days of the date the 20 HAZARDOUS waste was accepted by the initial transporter shall 21 contact the transporter to determine the status of the hazardous 22 waste. If the generator is unable to determine the status of the 23 hazardous waste upon contacting the transporter, the generator 24 shall contact th owner or operator of the designated facility to 25 which the HAZARDOUS waste was to be transported to determine the 26 status of the HAZARDOUS waste. 03072'01 14 1 (11)(5)A generator shall submit an exception report to 2 the department if the generator has not received a copy of the 3 manifest with the handwritten signature of the owner or operator 4 of the designated facility within 45 days of the date the 5 HAZARDOUS waste was accepted by the initial transporter. The 6 exception report shall include the following: 7 (a) A legible copy of the manifest for which the generator 8 does not have confirmation of delivery. 9 (b) A cover letter signed by the generator or the 10 generator's authorized representative explaining the efforts 11 taken to locate the hazardous waste and the results of those 12 efforts. 13 (12)(6)A generator shall keep a copy of each manifest 14 signed and dated by the initial transporter for 3 years or until 15 the generator receives a signed and dated copy from the owner or 16 operator of the designated facility that received the HAZARDOUS 17 waste. The generator shall keep the copy of the manifest signed 18 and dated by the owner or operator of the designated facility for 19 3 years. The retention periods required by this subsection shall 20 be automatically extended during the course of any unresolved 21 enforcement action regarding the regulated activity or as 22 required by the department. 23 SEC. 11153. (1) A GENERATOR, TRANSPORTER, OR TREATMENT, 24 STORAGE, OR DISPOSAL FACILITY SHALL OBTAIN AND UTILIZE A SITE 25 IDENTIFICATION NUMBER ASSIGNED BY THE UNITED STATES ENVIRONMENTAL 26 PROTECTION AGENCY OR THE DEPARTMENT. BEGINNING ON OCTOBER 1, 27 2002, THE DEPARTMENT SHALL ASSESS A SITE IDENTIFICATION NUMBER 03072'01 15 1 USER CHARGE OF $50.00 FOR EACH SITE IDENTIFICATION NUMBER IT 2 ISSUES. THE DEPARTMENT SHALL NOT ISSUE A SITE IDENTIFICATION 3 NUMBER UNDER THIS SUBSECTION UNLESS THE SITE IDENTIFICATION 4 NUMBER USER CHARGE AND THE TAX IDENTIFICATION NUMBER FOR THE 5 PERSON APPLYING FOR THE SITE IDENTIFICATION NUMBER HAVE BEEN 6 RECEIVED BY THE DEPARTMENT. 7 (2) BEGINNING ON OCTOBER 1, 2002, EXCEPT AS PROVIDED IN SUB- 8 SECTION (9), THE DEPARTMENT SHALL ANNUALLY ASSESS HANDLER USER 9 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 A 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 03072'01 16 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) THE HANDLER USER CHARGES SHALL BE BASED ON EACH OF THE 9 ACTIVITIES ENGAGED IN BY THE HANDLER DURING THE PREVIOUS CALENDAR 10 YEAR. A HANDLER SHALL PAY THE HANDLER USER CHARGE SPECIFIED IN 11 SUBSECTION (2)(A) TO (C) FOR EACH OF THE ACTIVITIES CONDUCTED 12 DURING THE PREVIOUS CALENDAR YEAR. 13 (4) PAYMENT OF THE HANDLER USER CHARGES SHALL BE MADE USING 14 A FORM PROVIDED BY THE DEPARTMENT. THE HANDLER SHALL CERTIFY 15 THAT THE INFORMATION ON THE FORM IS ACCURATE. BEGINNING IN 2003, 16 THE DEPARTMENT SHALL SEND FORMS TO THE HANDLERS BY FEBRUARY 28 OF 17 EACH YEAR UNLESS THE HANDLER USER CHARGES HAVE BEEN SUSPENDED AS 18 PROVIDED FOR IN SUBSECTION (9). BEGINNING IN 2003, A HANDLER 19 SHALL RETURN THE COMPLETED FORMS AND THE APPROPRIATE PAYMENT TO 20 THE DEPARTMENT BY APRIL 30 OF EACH YEAR UNLESS THE HANDLER USER 21 CHARGES HAVE BEEN SUSPENDED AS PROVIDED FOR IN SUBSECTION (9). 22 (5) A HANDLER WHO FAILS TO PROVIDE TIMELY AND ACCURATE 23 INFORMATION, A COMPLETE FORM, OR THE APPROPRIATE HANDLER USER 24 CHARGE IS IN VIOLATION OF THIS PART AND IS SUBJECT TO ALL OF THE 25 FOLLOWING: 26 (A) PAYMENT OF THE HANDLER USER CHARGE AND INTEREST ON THE 27 AMOUNT DUE BASED ON THE RATE SET FORTH IN SECTION 6013(3)(B) OF 03072'01 17 1 THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.6013, 2 USING THE FULL INCREMENT OF THE AMOUNT DUE AS PRINCIPAL, AND CAL- 3 CULATED FROM THE DUE DATE FOR THE PAYMENT UNTIL THE DELINQUENT 4 PAYMENT IS FINALLY MADE IN FULL. 5 (B) BEGINNING 6 MONTHS AFTER THE DATE PAYMENT IS DUE, BUT 6 NOT PAID, A CIVIL FINE EQUAL TO 5 TIMES THE AMOUNT OF THE APPLI- 7 CABLE HANDLER USER CHARGE. 8 (C) BEGINNING 9 MONTHS AFTER THE DATE PAYMENT IS DUE, BUT 9 NOT PAID, AT THE REQUEST OF THE DEPARTMENT, AN ACTION BY THE 10 ATTORNEY GENERAL FOR THE COLLECTION OF THE AMOUNTS OWED UNDER 11 SUBDIVISIONS (A) AND (B) AND THE ACTUAL COST TO THE DEPARTMENT IN 12 ATTEMPTING TO COLLECT AMOUNTS OWED UNDER SUBDIVISIONS (A) AND 13 (B). 14 (6) THE DEPARTMENT SHALL MAINTAIN INFORMATION REGARDING THE 15 SITE IDENTIFICATION NUMBER USER CHARGES UNDER SUBSECTION (1) AND 16 THE HANDLER USER CHARGES RECEIVED UNDER THIS SECTION AS NECESSARY 17 TO SATISFY THE REPORTING REQUIREMENTS OF SUBSECTION (8). 18 (7) THE SITE IDENTIFICATION NUMBER USER CHARGES AND THE HAN- 19 DLER USER CHARGES COLLECTED UNDER THIS SECTION AND ANY AMOUNTS 20 COLLECTED UNDER SUBSECTION (5) FOR A VIOLATION OF THIS SECTION 21 SHALL BE FORWARDED TO THE STATE TREASURER AND DEPOSITED IN THE 22 ENVIRONMENTAL POLLUTION PREVENTION FUND CREATED IN SECTION 11130 23 AND CREDITED TO THE HAZARDOUS WASTE AND LIQUID INDUSTRIAL WASTE 24 USERS ACCOUNT CREATED IN SECTION 11130(5). 25 (8) BEGINNING IN 2005, THE DEPARTMENT SHALL EVALUATE THE 26 EFFECTIVENESS AND ADEQUACY OF THE SITE IDENTIFICATION NUMBER USER 27 CHARGES AND THE HANDLER USER CHARGES COLLECTED UNDER THIS SECTION 03072'01 18 1 RELATIVE TO THE OVERALL REVENUE NEEDS OF THE STATE'S HAZARDOUS 2 WASTE MANAGEMENT PROGRAM ADMINISTERED UNDER THIS PART. BEGINNING 3 IN 2006, NOT LATER THAN APRIL 1 OF EACH EVEN-NUMBERED YEAR, THE 4 DEPARTMENT SHALL SUMMARIZE ITS FINDINGS UNDER THIS SUBSECTION IN 5 A REPORT AND SHALL PROVIDE THAT REPORT TO THE STATE LEGISLATURE. 6 (9) NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION, IF 7 THE BALANCE OF THE HAZARDOUS WASTE AND LIQUID INDUSTRIAL WASTE 8 USERS ACCOUNT CREATED IN SECTION 11130(5), AS OF DECEMBER 31 OF 9 ANY YEAR, EXCEEDS $3,200,000.00, THE DEPARTMENT SHALL SUSPEND THE 10 HANDLER USER CHARGES UNTIL OCTOBER OF THE FOLLOWING YEAR. 11 (10) AS USED IN THIS SECTION: 12 (A) "HANDLER" MEANS THE PERSON REQUIRED TO PAY THE HANDLER 13 USER CHARGE. 14 (B) "HANDLER USER CHARGE" MEANS THE ANNUAL HAZARDOUS WASTE 15 MANAGEMENT PROGRAM USER CHARGE PROVIDED FOR IN SUBSECTION (2). 16 Sec. 12101. As used in this part: 17 (a) "Brine" means a liquid produced as a by-product of oil 18 or natural gas production or exploration. 19 (b) "Container" means any portable device in which a liquid 20 industrial waste is stored, transported, treated, or otherwise 21 handled. 22 (C) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL 23 QUALITY. 24 (D)(c)"Designated facility" means a treatment, storage, 25 disposal, or reclamation facility that receives liquid industrial 26 waste from off site. 03072'01 19 1 (E)(d)"Discarded" means any of the following: 2 (i) Abandoned by being disposed of, burned, or incinerated; 3 or accumulated, stored, or treated before, or instead of, being 4 abandoned. 5 (ii) Accumulated, stored, or treated before being managed in 6 1 of the following ways: 7 (A) By being used or reused in a manner constituting dis- 8 posal by being applied to or placed on the land or by being used 9 to produce products that are applied to or placed on the land. 10 (B) By being burned to recover energy or used to produce a 11 fuel. 12 (C) By reclamation. 13 (F)(e)"Discharge" means the accidental or intentional 14 spilling, leaking, pumping, releasing, pouring, emitting, empty- 15 ing, or dumping of liquid industrial waste into the land, air, or 16 water. 17 (G)(f)"Disposal" means the abandonment, discharge, 18 deposit, injection, dumping, spilling, leaking, or placing of a 19 liquid industrial waste into or on land or water in such a manner 20 that the liquid industrial waste may enter the environment, or be 21 emitted into the air, or discharged into surface water or 22 groundwater. 23 (H)(g)"Disposal facility" means a facility or a part of 24 a facility at which liquid industrial waste is disposed. 25 (I)(h)"Facility" means all contiguous land and struc- 26 tures, other appurtenances, and improvements on the land for 03072'01 20 1 treating, storing, disposing of, or reclamation of liquid 2 industrial waste. 3 (J)(i)"Federal water pollution control act" means chap- 4 ter 758, 86 Stat. 816, 33 U.S.C. 1251 to 1252, 1253 to 1254, 1255 5 to 1257, 1258 to 1263, 1265 TO 1270, 1281, 1282 to 1293, 1294 to 6 1299, 1311 to 1313, 1314 to 1330, 1341 to 1345, 1361 to 1377, and 7 1381 to 1387. 8 (K)(j)"Generator" means a person whose act or process 9 produces liquid industrial waste. 10 (l)(k)"Liquid industrial waste" means any brine, 11 by-product, industrial wastewater, leachate, off-specification 12 commercial chemical product, sludge, sanitary sewer clean-out 13 residue, storm sewer clean-out residue, grease trap clean-out 14 residue, spill residue, used oil, or other liquid waste that is 15 produced by, is incident to, or results from industrial, commer- 16 cial, or governmental activity or any other activity or enter- 17 prise determined to be liquid by method 9095 (paint filter liq- 18 uids test) as described in "Test methods for evaluating solid 19 wastes, physical/chemical methods," United States environmental 20 protection agency publication no. SW-846, and which is 21 discarded. Liquid industrial waste does not include any of the 22 following: 23 (i) Hazardous waste regulated and required to be manifested 24pursuant toUNDER part 111. 25 (ii) Septage waste regulatedpursuant toUNDER part 117. 26 (iii) Medical waste as defined in part 138 of the public 27 health code, 1978 PA 368, MCL 333.13801 to 333.13831. 03072'01 21 1 (iv) A discharge permitted or authorized under part 31. 2 (v) A material that is used or reused as an effective sub- 3 stitute for commercial products or returned to the original pro- 4 cess, if the material does not require reclamation prior to use 5 or reuse, is not directly burned to recover energy or used to 6 produce a fuel, or is not applied to the land and not used in 7 products applied to the land. 8 (vi) A household generated liquid waste. 9 (vii) A liquid industrial waste utilized for land applica- 10 tion in accordance with a program for effective residuals manage- 11 ment, approved by the director or the United States environmental 12 protection agency, or both, pursuant to the federal water pollu- 13 tion control act. 14 (viii) Oil field brines used for public road dust control 15 and ice removal as authorized under the terms of the rules, stan- 16 dards, and brine management plan approved by the department in 17 existence on June 1, 1993, until rules are promulgated. 18 (ix) A used oil that is directly burned to recover energy or 19 used to produce a fuel if all of the following are met: 20 (A) The material meets the used oil specifications of part 21 111. 22 (B) The material contains no greater than 2 ppm polychlori- 23 nated biphenyls. 24 (C) The material has a minimum energy content of 17,000 25 BTU/lb. 03072'01 22 1 (D) The material is expressly authorized as a used oil fuel 2 source, regulated under part 55, or, in another state, regulated 3 under a similar air pollution control authority. 4 (x) A liquid fully contained inside a manufactured article, 5 until the liquid is removed or the manufactured equipment is dis- 6 carded at which point it becomes subject to this part. 7 (xi) A liquid waste sample transported for testing to deter- 8 mine its characteristics or composition. The sample becomes 9 subject to this part when discarded. 10 Sec. 12102. As used in this part: 11 (a) "Manifest" means either of the following: 12 (i) A form and instructions approved by the department used 13 for identifying the quantity, composition, origin, routing, or 14 destination of liquid industrial waste during its transportation 15 from the point of generation to the point of disposal, treatment, 16 storage, or reclamation. 17 (ii) For shipments of liquid industrial waste that are not 18 generated or transported to a disposal, treatment, storage, or 19 reclamation facility in this state, a United States environmental 20 protection agency form number 8700-22, or its successor. 21 (b) "On-site" means on the same geographically contiguous 22 property which may be divided by a public or private right-of-way 23 and access is by crossing rather than going along the 24 right-of-way. On-site includes noncontiguous pieces of property 25 owned by the same person but connected by a right-of-way which 26 the owner controls and to which the public does not have access. 03072'01 23 1 (c) "Peace officer" means any law enforcement officer who is 2 trained and certified pursuant to theMichigan law enforcement3officers training council act of 1965COMMISSION ON LAW ENFORCE- 4 MENT STANDARDS ACT, 1965 PA 203, MCL 28.601 to 28.616, or an 5 officer appointed by the director of the department of state 6 police pursuant to section 6d of 1935 PA 59, MCL 28.6d. 7 (d) "Publicly owned treatment works" means any entity that 8 treats municipal sewage or industrial waste of a liquid nature 9 that is owned by the state or a municipality, as that term is 10 defined in section 502(4) of title V of the federal water pollu- 11 tion control act, 33 U.S.C. 1362. Publicly owned treatment works 12 include sewers, pipes, or other conveyances only if they convey 13 wastewater to a publicly owned treatment works providing 14 treatment. 15 (e) "Reclamation" means either processing to recover a 16 usable product or regeneration. 17 (f) "Reclamation facility" means a facility or part of a 18 facility where liquid industrial waste reclamation is conducted. 19 (G) "SITE IDENTIFICATION NUMBER" MEANS A NUMBER THAT IS 20 ASSIGNED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR 21 THE DEPARTMENT TO A GENERATOR, TRANSPORTER, OR FACILITY. THE 22 DEPARTMENT MAY ASSIGN A NUMBER TO A PERSON OR A FACILITY TO COVER 23 MULTIPLE UNSTAFFED SITES THAT GENERATE UNIFORM TYPES OF LIQUID 24 INDUSTRIAL WASTE. 25 (H)(g)"Storage" means the containment of liquid indus- 26 trial waste, on a temporary basis, in a manner that does not 27 constitute disposal of liquid industrial waste. 03072'01 24 1 (I)(h)"Storage facility" means a facility or part of a 2 facility where liquid industrial waste is stored. 3 (J)(i)"Surface impoundment" means a treatment, storage, 4 or disposal facility or part of a treatment, storage, or disposal 5 facility that is either a natural topographic depression, a 6 human-made excavation, or a diked area formed primarily of 7 earthen materials. A surface impoundment may be lined with 8 human-made materials designed to hold an accumulation of liquid 9 waste or waste containing free liquids and which is not an injec- 10 tion well. Surface impoundments include, but are not limited to, 11 holding, storage, settling, aeration pits, ponds, and lagoons. 12 (K)(j)"Tank" means a stationary device designed to con- 13 tain an accumulation of liquid industrial waste that is con- 14 structed primarily of nonearthen materials such as wood, con- 15 crete, steel, or plastic to provide structural support. 16 (l)(k)"Transportation" means the movement of liquid 17 industrial waste by air, rail, highway, or water. 18 (M)(l)"Transporter" means a person engaged in the 19 off-site transportation of liquid industrial waste by air, rail, 20 highway, or water. 21 (N)(m)"Treatment" means any method, technique, or pro- 22 cess, including neutralization, designed to change the physical, 23 chemical, or biological character or composition of any liquid 24 industrial waste, to neutralize the waste, or to render the waste 25 safer to transport, store, or dispose of, amenable to recovery, 26 amenable to storage, or reduced in volume. 03072'01 25 1 (O)(n)"Treatment facility" means a facility or part of a 2 facility at which liquid industrial waste is treated. 3 (P)(o)"Used oil" means any oil which has been refined 4 from crude oil, or any synthetic oil, which has been used and 5 which, as a result of the use, is contaminated by physical or 6 chemical impurities. 7 (Q)(p)"Vehicle" means a transport vehicle as defined by 8 49 C.F.R. 171.8. 9 Sec. 12103. (1) A generator shall do all of the following: 10 (a) Characterize the waste in accordance with the require- 11 ments of part 111, and rules promulgated under that part, and 12 maintain records of the characterization. 13 (b) Obtain and utilize ageneratorSITE identification 14 number assigned by the United States environmental protection 15 agency or the department. BEGINNING ON OCTOBER 1, 2002, THE 16 DEPARTMENT SHALL ASSESS A SITE IDENTIFICATION NUMBER USER CHARGE 17 OF $50.00 FOR EACH SITE IDENTIFICATION NUMBER IT ISSUES. THE 18 DEPARTMENT SHALL NOT ISSUE A SITE IDENTIFICATION NUMBER UNDER 19 THIS SUBDIVISION UNLESS THE SITE IDENTIFICATION NUMBER USER 20 CHARGE AND THE TAX IDENTIFICATION NUMBER FOR THE PERSON APPLYING 21 FOR THE SITE IDENTIFICATION NUMBER HAVE BEEN RECEIVED. MONEY 22 COLLECTED UNDER THIS SUBDIVISION SHALL BE FORWARDED TO THE STATE 23 TREASURER FOR DEPOSIT INTO THE ENVIRONMENTAL POLLUTION PREVENTION 24 FUND CREATED IN SECTION 11130 AND CREDITED TO THE HAZARDOUS WASTE 25 AND LIQUID INDUSTRIAL WASTE USERS ACCOUNT CREATED IN SECTION 26 11130(5). 03072'01 26 1 (c) If transporting by highway, engage, employ, or contract 2 for the transportation of liquid industrial waste only with a 3 transporter registered and permitted under the hazardous materi- 4 als transportation act. 5 (d) Except as otherwise provided in this part, utilize and 6 retain a separate manifest for each shipment of liquid industrial 7 waste transported to a designated facility. The department may 8 authorize the use of a consolidated manifest, for waste loads 9 that are multiple pickups of uniform types of wastes that consti- 10 tute a single shipment of waste. In this case, a receipt shall 11 be obtained from the transporter documenting the transporter's 12 company name, driver's signature, date of pickup, type and quan- 13 tity of waste accepted from the generator, the consolidated mani- 14 fest number, and the designated facility. A generator of brine 15 may complete a single manifest per transporter of brine, per dis- 16 posal well, each month. 17 (e) Submit a copy of the manifest to the department by the 18 tenth day after the end of the month in which a load of waste is 19 transported. 20 (f) Certify that at the time the transporter picks up liquid 21 industrial waste the information contained on the manifest is 22 factual by signing the manifest. This certification is to be by 23 the generator or his or her authorized representative. 24 (g) Provide to the transporter the signed copies of the man- 25 ifest to accompany the liquid industrial waste to the designated 26 facility. 03072'01 27 1 (h) If a copy of the manifest, with a handwritten signature 2 of the owner or operator of the designated facility, is not 3 received within 35 days after the date the waste was accepted by 4 the initial transporter, contact the transporter or owner or 5 operator of the designated facility, or both, to determine the 6 status of the waste. 7 (i) Submit an exception report to the department if a copy 8 of the manifest is not received with the handwritten signature of 9 the owner or operator or his or her authorized representative of 10 the designated facility within 45 days after the date the waste 11 was accepted by the initial transporter. The exception report 12 shall include both of the following: 13 (i) A legible copy of the manifest for which the generator 14 does not have confirmation of delivery. 15 (ii) A cover letter signed by the generator explaining the 16 efforts taken to locate the waste and the results of those 17 efforts. 18 (2) A generator who also operates an on-site reclamation, 19 treatment, or disposal facility shall keep records of all liquid 20 waste produced and reclaimed, treated, or disposed of at his or 21 her facility. 22 (3) A generator shall retain all records required pursuant 23 to this part for a period of at least 3 years, and shall make 24 those records readily available for review and inspection by the 25 department or a peace officer. The retention period required by 26 this subsection is automatically extended during the course of 03072'01 28 1 any unresolved enforcement action regarding the regulated 2 activity or as otherwise required by the department. 3 (4) A generator transporting its own waste in quantities of 4 55 gallons or less is not subject to manifest requirements if all 5 of the following conditions are met: 6 (a) The waste is accompanied by a record showing the source 7 and quantity of the waste and the designated facility where the 8 waste is being transported. 9 (b) The generator obtains a signature from the designated 10 facility acknowledging receipt of the waste and provides a copy 11 of the record of shipment to the designated facility. 12 (c) The generator retains a copy of the record of shipment 13 as part of the generator records. 14 (d) The designated facility is managed in accordance with 15 this part. 16 Sec. 12109. (1) A liquid industrial waste transporter shall 17 certify acceptance of waste for transportation by completing the 18 transporter section of the manifest, and shall deliver the liquid 19 industrial waste and accompanying manifest only to the designated 20 facility specified by the generator on the manifest. 21 (2) The liquid industrial waste transporter shall retain all 22 records required pursuant to this part for a period of at least 3 23 years, and shall make those records readily available for review 24 and inspection by the department or a peace officer. The reten- 25 tion period required in this subsection is automatically extended 26 during the course of any unresolved enforcement action regarding 03072'01 29 1 an activity regulated under this part or as required by the 2 department. 3 (3) The department may authorize, for certain waste streams, 4 the use of a consolidated manifest as authorized under 5 section 12103(1)(d). In this case, the transporter shall give to 6 the generator a receipt documenting the transporter's company 7 name, driver's signature, date of pickup, type and quantity of 8 waste removed, the consolidated manifest number, and the desig- 9 nated facility. 10 (4) A transporter shall maintain a trip log for consolidated 11 manifest shipments and for brine shipments. The transporter 12 shall do all of the following: 13 (a) Identify on the trip log the consolidated manifest 14 number, the generator, date of pickup, type and quantity of 15 waste, and the designated facility location for each shipment of 16 waste. 17 (b) Keep a copy of all trip logs available during transpor- 18 tation, at a minimum, for the current shipment in transportation 19 and retain these records as specified in subsection (2). 20 (c) Obtain and utilize atransporterSITE identification 21 number assigned by the United States environmental protection 22 agency or the department. BEGINNING ON OCTOBER 1, 2002, THE 23 DEPARTMENT SHALL ASSESS A SITE IDENTIFICATION NUMBER USER CHARGE 24 OF $50.00 FOR EACH SITE IDENTIFICATION NUMBER IT ISSUES. THE 25 DEPARTMENT SHALL NOT ISSUE A SITE IDENTIFICATION NUMBER UNDER 26 THIS SUBDIVISION UNLESS THE SITE IDENTIFICATION NUMBER USER 27 CHARGE AND THE TAX IDENTIFICATION NUMBER FOR THE PERSON APPLYING 03072'01 30 1 FOR THE SITE IDENTIFICATION NUMBER HAVE BEEN RECEIVED. MONEY 2 COLLECTED UNDER THIS SUBDIVISION SHALL BE FORWARDED TO THE STATE 3 TREASURER FOR DEPOSIT INTO THE ENVIRONMENTAL POLLUTION PREVENTION 4 FUND CREATED IN SECTION 11130 AND CREDITED TO THE HAZARDOUS WASTE 5 AND LIQUID INDUSTRIAL WASTE USERS ACCOUNT CREATED IN SECTION 6 11130(5). 7 Sec. 12112. (1) The owner or operator of a facility that 8 accepts liquid industrial waste shall accept delivery of waste at 9 the designated facility only if delivery is accompanied by a man- 10 ifest or consolidated manifest properly certified by the genera- 11 tor and the transporter and the facility is the destination indi- 12 cated on the manifest. The facility owner or operator shall do 13 all of the following: 14 (a) Obtain and utilizeanA SITE identification number 15 either assigned from the United States environmental protection 16 agency or the department. BEGINNING ON OCTOBER 1, 2002, THE 17 DEPARTMENT SHALL ASSESS A SITE IDENTIFICATION NUMBER USER CHARGE 18 OF $50.00 FOR EACH SITE IDENTIFICATION NUMBER IT ISSUES. THE 19 DEPARTMENT SHALL NOT ISSUE A SITE IDENTIFICATION NUMBER UNDER 20 THIS SUBDIVISION UNLESS THE SITE IDENTIFICATION NUMBER USER 21 CHARGE AND THE TAX IDENTIFICATION NUMBER FOR THE PERSON APPLYING 22 FOR THE SITE IDENTIFICATION NUMBER HAVE BEEN RECEIVED. MONEY 23 COLLECTED UNDER THIS SUBDIVISION SHALL BE FORWARDED TO THE STATE 24 TREASURER FOR DEPOSIT INTO THE ENVIRONMENTAL POLLUTION PREVENTION 25 FUND CREATED IN SECTION 11130 AND CREDITED TO THE HAZARDOUS WASTE 26 AND LIQUID INDUSTRIAL WASTE USERS ACCOUNT CREATED IN SECTION 27 11130(5). 03072'01 31 1 (b) Certify on the manifest receipt of the liquid industrial 2 waste by completing the facility section of the manifest and 3 returning a signed copy of the manifest to the department within 4 a period of 10 days after the end of the month for all liquid 5 industrial waste received within the month. 6 (c) Return a signed copy of the manifest to the generator. 7 (d) Maintain records of the characterization of the waste. 8 Characterization shall be in accordance with the requirements of 9 part 111. 10 (2) All storage, treatment, and reclamation of liquid indus- 11 trial waste at the designated facility shall be in either con- 12 tainers or tanks or as otherwise specified in section 12113(5) or 13 (6). Storage, treatment, or reclamation regulated underAct14No. 61 of the Public Acts of 1939, being sections 319.1 to 319.2715of the Michigan Compiled Laws,PART 615 or the rules, orders, or 16 instructions underthat actPART 615, or under part C of title 17 XIV of the public health service act, CHAPTER 373, 88 Stat. 1674, 18 42 U.S.C. 300h to300h-7300h-8, or the regulations promulgated 19 under that act are exempt from this subsection. 20 (3) The owner or operator of a designated facility shall 21 retain all records required pursuant to this part for a period of 22 at least 3 years and shall make those records readily available 23 for review and inspection by the department or a peace officer. 24 The retention period required by this subsection is automatically 25 extended during the course of any unresolved enforcement action 26 regarding the regulated activity or as required by the 27 department. 03072'01 Final page.