February 24, 2005, Introduced by Senators BASHAM, JELINEK, THOMAS, JACOBS, CLARK-COLEMAN, BISHOP, TOY, PATTERSON, BRATER, BERNERO, PRUSI, CHERRY, OLSHOVE, SCOTT, SCHAUER, JOHNSON and EMERSON and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 11108a and 11513a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11108a. (1) Except as provided in subsection (2), a
municipality may impose an impact fee of not more than 5 cents per
gallon on hazardous waste that is disposed of in a multisource
commercial hazardous waste disposal well located within the
municipality. However, if the multisource commercial hazardous
waste disposal well is located within a village, an impact fee
provided for in this subsection shall be imposed only by the
township, and only with the consent of the village. The impact fee
shall be assessed uniformly on all hazardous waste accepted for
disposal.
(2) A municipality may enter into an agreement with the owner
or operator of a multisource commercial hazardous waste disposal
well to establish a higher impact fee than the impact fee provided
for in subsection (1).
(3) The impact fee imposed under this section shall be
collected by the owner or operator of a multisource commercial
hazardous waste disposal well and shall be paid to the municipality
quarterly by the thirtieth day after the end of each calendar
quarter. However, the impact fee payment for a multisource
commercial hazardous waste disposal well under this section shall
be reduced by any amount of revenue paid to or available to the
municipality from the multisource commercial hazardous waste
disposal well under the terms of any preexisting agreements,
including, but not limited to, contracts, special use permit
conditions, court settlement agreement conditions, and trusts.
(4) The municipal treasurer shall deposit impact fee revenue
received under subsection (3) in a restricted fund. Money in the
fund at the close of a municipal fiscal year shall remain in the
fund and not lapse to another fund. The municipality shall expend
money from the restricted fund, upon appropriation, only to promote
the health, safety, and welfare of the residents of the
municipality with respect to the actual or potential effects of
multisource commercial hazardous waste disposal wells on natural
resources or the environment. Money in the fund shall not be used
to bring or support a lawsuit or other legal action against an
owner or operator of a multisource commercial hazardous waste
disposal well who is collecting an impact fee pursuant to
subsection (3) unless the owner or operator of the multisource
commercial hazardous waste disposal well has instituted a lawsuit
or other legal action against the municipality.
(5) As used in this section, "multisource commercial hazardous
waste disposal well" means that term as it is defined in section
62506a.
Sec. 11513a. By April 15 of each year, the director shall
annually determine if the amount of solid waste generated outside
of this state that was accepted for disposal in this state during
the 1-year period ending March 30 of that year exceeded the amount
of such waste accepted for disposal during the preceding
corresponding 1-year period and, if so, shall submit to the senate
and house of representatives appropriations committees
recommendations for intradepartmental transfers within the current
department budget to provide additional funding for enforcement of
this part.