HB-5242, As Passed Senate, September 28, 2007

HOUSE BILL No. 5242

September 17, 2007, Introduced by Rep. Bennett and referred to the Committee on Appropriations.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 3122, 5522, 11135, 11153, 11525a, 12103,

12109, and 12112 (MCL 324.3122, 324.5522, 324.11135, 324.11153,

324.11525a, 324.12103, 324.12109, and 324.12112), section 3122 as

added by 2004 PA 90, section 5522 as amended by 2005 PA 169,

sections 11135, 12103, 12109, and 12112 as amended and section

11153 as added by 2001 PA 165, and section 11525a as amended by

2003 PA 153.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3122. (1) Until October 1, ~~2007~~ 2011, the department may

levy and collect an annual groundwater discharge permit fee from

facilities that discharge wastewater to the ground or groundwater

of this state pursuant to section 3112. The fee shall be as

follows:

(a) For a group 1 facility, $3,650.00.

(b) For a group 2 facility or a municipality of 1,000 or fewer

residents, $1,500.00.

(2) Within 180 days after receipt of a complete application,

the department shall either grant or deny a permit, unless the

applicant and the department agree to extend this time period. If

the department fails to make a decision on an application within

the time period specified or agreed to under this subsection, the

applicant shall receive a 15% annual discount on an annual

groundwater discharge permit fee for a permit issued based upon

that application. This subsection applies to permit applications

received beginning October 1, 2005.

(3) If the person required to pay the annual groundwater

discharge permit fee under subsection (1) is a municipality, the

municipality may pass on the annual groundwater discharge permit

fee to each user of the municipal facility.

(4) As used in this section, "group 1 facility", "group 2

facility", and "group 3 facility" do not include a municipality

with a population of 1,000 or fewer residents.

Sec. 5522. (1) ~~For the state fiscal year beginning October 1,~~

~~2001, and continuing until~~ ~~September 30, 2007~~ Until October 1,

2011, the owner or operator of each fee-subject facility shall pay

air quality fees as required and calculated under this section. The

department may levy and collect an annual air quality fee from the

owner or operator of each fee-subject facility in this state. The

legislature intends that the fees required under this section meet

the minimum requirements of the clean air act and that this

expressly stated fee system serve as a limitation on the amount of

fees imposed under this part on the owners or operators of fee-

subject facilities in this state.

(2) The annual air quality fee shall be calculated for each

fee-subject facility, according to the following procedure:

(a) ~~For~~ Except as provided in subdivision (d), for category I

facilities, the annual air quality fee shall be the sum of a

facility charge and an emissions charge as specified in subdivision

(e). The facility charge shall be $4,485.00.

(b) For category II facilities, the annual air quality fee

shall be the sum of a facility charge and an emissions charge as

specified in subdivision (e). The facility charge shall be

$1,795.00.

shall be $250.00.

(d) For municipal electric generating facilities that are

category I facilities and that emit more than 450 tons but less

than 18,000 tons of fee-subject air pollutants, the annual air

quality fee shall be the following amount, based on the number of

tons of fee-subject air pollutants emitted:

(i) More than 450 tons but less than 4,000 tons, $24,816.00.

(ii) At least 4,000 tons but not more than 5,300 tons,

$24,816.00 plus $45.25 per ton of fee-subject air pollutant in

excess of 4,000 tons.

(iii) More than 5,300 tons but not more than 12,000 tons,

$85,045.00.

(iv) More than 12,000 tons but less than 18,000 tons,

$159,459.00.

(e) The emissions charge for category I and category II

facilities shall equal the emission charge rate of $45.25,

multiplied by the actual tons of fee-subject air pollutants

emitted. A pollutant that qualifies as a fee-subject air pollutant

under more than 1 class shall be charged only once. The actual tons

of fee-subject air pollutants emitted is considered to be the sum

of all fee-subject air pollutants emitted at the fee-subject

facility for the calendar year 2 years preceding the year of

billing, but not more than the lesser of the following:

(i) 4,000 tons.

(ii) 1,000 tons per pollutant, if the sum of all fee-subject

air pollutants except carbon monoxide emitted at the fee-subject

facility is less than 4,000 tons.

(3) The auditor general shall conduct a biennial audit of the

federally mandated operating permit program required in title V.

The audit shall include the auditor general's recommendation

regarding the sufficiency of the fees required under subsection (2)

to meet the minimum requirements of the clean air act.

(4) After January 1, but before January 15 of each year,

~~beginning in 1995,~~ the department shall notify the owner or

operator of each fee-subject facility of its assessed annual air

quality fee. Payment is due within 90 calendar days of the mailing

date of the air quality fee notification. If an assessed fee is

challenged under subsection (6), payment is due within 90 calendar

days of the mailing date of the air quality fee notification or

within 30 days of receipt of a revised fee or statement supporting

the original fee, whichever is later. The department shall deposit

all fees collected under this section to the credit of the fund.

(5) If the owner or operator of a fee-subject facility fails

to submit the amount due within the time period specified in

subsection (4), the department shall assess the owner or operator a

penalty of 5% of the amount of the unpaid fee for each month that

the payment is overdue up to a maximum penalty of 25% of the total

fee owed.

(6) If the owner or operator of a fee-subject facility desires

to challenge its assessed fee, the owner or operator shall submit

the challenge in writing to the department. The department shall

not process the challenge unless it is received by the department

within 45 calendar days of the mailing date of the air quality fee

notification described in subsection (4). A challenge shall

identify the facility and state the grounds upon which the

challenge is based. Within 30 calendar days of receipt of the

challenge, the department shall determine the validity of the

challenge and provide the owner with notification of a revised fee

or a statement setting forth the reason or reasons why the fee was

not revised. Payment of the challenged or revised fee is due within

the time frame described in subsection (4). If the owner or

operator of a facility desires to further challenge its assessed

fee, the owner or operator of the facility has an opportunity for a

contested case hearing as provided for under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(7) If requested by the department, by March 15 of each year,

or within 45 days of a request by the department, whichever is

later, the owner or operator of each fee-subject facility shall

submit information regarding the facility's previous year's

emissions to the department. The information shall be sufficient

for the department to calculate the facility's emissions for that

year and meet the requirements of 40 CFR 51.320 to 51.327.

(8) By July 1 of each year, the department shall provide the

owner or operator of each fee-subject facility required to pay an

emission charge pursuant to this section with a copy of the

department's calculation of the facility emissions for the previous

year. Within 60 days of this notification, the owner or operator of

the facility may provide corrections to the department. The

department shall make a final determination of the emissions by

December 15 of that year. If the owner or operator disagrees with

the determination of the department, the owner or operator may

request a contested case hearing as provided for under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

(9) By March 1 annually, the department shall prepare and

submit to the governor, the legislature, the chairpersons of the

standing committees of the senate and house of representatives with

primary responsibility for environmental protection issues related

to air quality, and the chairpersons of the subcommittees of the

senate and house appropriations committees with primary

responsibility for appropriations to the department a report that

details the department's activities of the previous fiscal year

funded by the fund. ~~for the department.~~ This report shall include,

at a minimum, all of the following as it relates to the department:

(a) The number of full-time equated positions performing title

V and non-title V air quality enforcement, compliance, or

permitting activities.

(b) All of the following information related to the permit to

install program authorized under section 5505:

(i) The number of permit to install applications received by

the department.

(ii) The number of permit to install applications for which a

final action was taken by the department. The number of final

actions should be reported as the number of applications approved,

the number of applications denied, and the number of applications

withdrawn by the applicant.

(iii) The number of permits to install approved that were

required to complete public participation under section 5511(3)

before final action and the number of permits to install approved

that were not required to complete public participation under

section 5511(3) prior to final action.

(iv) The average number of final permit actions per permit to

install reviewer full-time equivalent position.

(v) The percentage and number of permit to install

applications ~~which~~ that were reviewed for administrative

completeness within 10 days of receipt by the department.

(vi) The percentage and number of permit to install

applications ~~which~~ that were reviewed for technical completeness

within 30 days of receipt of an administratively complete

application by the department.

(vii) The percentage and number of permit to install

applications submitted to the department that were administratively

complete as received.

(viii) The percentage and number of permit to install

applications for which a final action was taken by the department

within 60 days of receipt of a technically complete application for

those not required to complete public participation under section

5511(3) prior to final action, or within 120 days of receipt of a

technically complete application for those which are required to

complete public participation under section 5511(3) prior to final

action.

operating permit program authorized under section 5506:

(i) The number of renewable operating permit applications

received by the department.

(ii) The number of renewable operating permit applications for

which a final action was taken by the department. The number of

final actions should be reported as the number of applications

approved, the number of applications denied, and the number of

applications withdrawn by the applicant.

(iii) The percentage and number of permit applications initially

processed within the required time.

(iv) The percentage and number of permit renewals and

modifications processed within the required time.

(v) The number of permit applications reopened by the

department.

(vi) The number of general permits issued by the department.

(d) The number of letters of violation sent.

(e) The amount of penalties collected from all consent orders

and judgments.

(f) For each enforcement action that includes payment of a

penalty, a description of what corrective actions were required by

the enforcement action.

(g) The number of inspections done on sources required to

obtain a permit under section 5506 and the number of inspections of

other sources.

(h) The number of air pollution complaints received,

investigated, not resolved, and resolved by the department.

(i) The number of contested case hearings and civil actions

initiated and completed, and the number of voluntary consent

orders, administrative penalty orders, and emergency orders entered

or issued, for sources required to obtain a permit under section

5506.

(j) The amount of revenue in the fund at the end of the fiscal

year.

(10) The report under subsection (9) shall also include the

amount of revenue for programs under this part received during the

prior fiscal year from fees, from federal funds, and from general

fund appropriations. Each of these amounts shall be expressed as a

dollar amount and as a percent of the total annual cost of programs

under this part.

(11) The attorney general may bring an action for the

collection of the fees imposed under this section.

(12) This section does not apply if the administrator of the

United States environmental protection agency determines that the

department is not adequately administering or enforcing the

renewable operating permit program and the administrator

promulgates and administers a renewable operating permit program

for this state.

Sec. 11135. (1) A hazardous waste generator shall provide a

separate manifest to the transporter for each load of hazardous

waste transported to property that is not on the site where it was

generated. ~~Beginning on~~ ~~October 1, 2002~~ ~~and until~~ ~~March 31, 2008~~

Until October 1, 2011, a person required to prepare a manifest

shall submit to the department a manifest processing user charge of

$6.00 per manifest and his or her tax identification number. Each

calendar year, the department may adjust the manifest processing

user charge as necessary to ensure that the total cumulative amount

of the user charges assessed pursuant to this section and sections

11153, 12103, 12109, and 12112 are consistent with the target

revenue projection for the hazardous waste and liquid industrial

waste users account as provided for in section 11130(5). However,

the manifest processing user charge shall not exceed $8.00 per

manifest. Money collected under this subsection shall be forwarded

to the state treasurer for deposit into the environmental pollution

prevention fund created in section 11130 and credited to the

hazardous waste and liquid industrial waste users account created

in section 11130(5).

(2) Payment of the manifest processing user charges under

subsection (1) shall be made using a form provided by the

department. ~~Beginning in 2004, the~~ The department shall send a form

to each person subject to the manifest processing user charge by

February 28 of each year. The form shall specify the number of

manifests prepared by that person and processed by the department

during the previous fiscal year. ~~Beginning in 2004, a~~ A person

subject to the manifest processing user charge shall return the

completed form and the appropriate payment to the department by

April 30 of each year.

(3) A person who fails to provide timely and accurate

information, a complete form, or the appropriate manifest

processing user charge as provided for in this section is in

violation of this part and is subject to both of the following:

(a) Payment of the manifest processing user charge and an

administrative fine of 5% ~~per month~~ of the amount owed for each

month that the payment is delinquent. Any payments received after

the 15th of the month after the due date shall be considered

delinquent for that month. However, the administrative fine shall

not exceed 25% of the total amount owed.

(b) Beginning 5 months after the date payment of the manifest

user charge is due, but not paid, at the request of the department,

an action by the attorney general for the collection of the amount

owed under subdivision (a) and the actual cost to the department in

attempting to collect the amount owed under subdivision (a).

(4) Any amounts collected under subsection (3) for a violation

of this section shall be forwarded to the state treasurer and

deposited in the environmental pollution prevention fund created in

section 11130 and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

(5) The department shall maintain information regarding the

manifest processing user charges received under this section as

necessary to satisfy the reporting requirements of subsection (6).

(6) ~~Beginning in 2005, the~~ The department shall evaluate the

effectiveness and adequacy of the manifest processing user charges

collected under this section relative to the overall revenue needs

of the state's hazardous waste management program administered

under this part. ~~Beginning in 2006, not~~ Not later than April 1 of

each even-numbered year, the department shall summarize its

findings under this subsection in a report and shall provide that

report to the legislature.

(7) A generator shall include on the manifest details as

specified by the department and shall at least include sufficient

qualitative and quantitative analysis and physical description to

evaluate toxicity and methods of transportation, storage, and

disposal. The manifest also shall include safety precautions as

necessary for each load of hazardous waste. The generator shall

submit to the department a copy of the manifest within a period of

10 days after the end of the month for each load of hazardous waste

transported within that month.

(8) The generator shall certify that the information contained

on the manifest is factual.

(9) The specified destination of each load of hazardous waste

identified on the manifest shall be a designated facility.

(10) A generator who does not receive a copy of the manifest

with the handwritten signature of the owner or operator of the

designated facility within 35 days of the date the hazardous waste

was accepted by the initial transporter shall contact the

transporter to determine the status of the hazardous waste. If the

generator is unable to determine the status of the hazardous waste

upon contacting the transporter, the generator shall contact the

owner or operator of the designated facility to which the hazardous

waste was to be transported to determine the status of the

hazardous waste.

(11) A generator shall submit an exception report to the

department if the generator has not received a copy of the manifest

with the handwritten signature of the owner or operator of the

designated facility within 45 days of the date the hazardous waste

was accepted by the initial transporter. The exception report shall

include the following:

(a) A legible copy of the manifest for which the generator

does not have confirmation of delivery.

(b) A cover letter signed by the generator or the generator's

authorized representative explaining the efforts taken to locate

the hazardous waste and the results of those efforts.

(12) A generator shall keep a copy of each manifest signed and

dated by the initial transporter for 3 years or until the generator

receives a signed and dated copy from the owner or operator of the

designated facility that received the hazardous waste. The

generator shall keep the copy of the manifest signed and dated by

the owner or operator of the designated facility for 3 years. The

retention periods required by this subsection shall be

automatically extended during the course of any unresolved

enforcement action regarding the regulated activity or as required

by the department.

Sec. 11153. (1) A generator, transporter, or treatment,

storage, or disposal facility shall obtain and utilize a site

identification number assigned by the United States environmental

protection agency or the department. ~~Beginning on October 1, 2002~~

~~and until March 31, 2008~~ Until October 1, 2011, the department

shall assess a site identification number user charge of $50.00 for

each site identification number it issues. The department shall not

issue a site identification number under this subsection unless the

site identification number user charge and the tax identification

number for the person applying for the site identification number

have been received by the department.

(2) ~~Beginning on October 1, 2002 and until March 31, 2008~~

Until October 1, 2011, except as provided in subsection (9), the

department shall annually assess ~~handler~~ hazardous waste management

program user charges as follows:

(a) A generator shall pay a handler user charge that is the

highest of the following applicable fees:

(i) A generator who generates more than 100 kilograms but less

than 1,000 kilograms of hazardous waste in any month during a

calendar year shall pay to the department an annual handler user

charge of $100.00.

(ii) A generator who generates 1,000 kilograms or more of

hazardous waste in any month during the calendar year and who

generates less than 900,000 kilograms during the calendar year

shall pay to the department an annual handler user charge of

$400.00.

(iii) A generator who generates 1,000 kilograms or more of

hazardous waste in any month during the calendar year and who

generates 900,000 kilograms or more of hazardous waste during the

calendar year shall pay to the department an annual handler user

charge of $1,000.00.

(b) An owner or operator of a treatment, storage, or disposal

facility for which an operating license is required under section

11123 or for which an operating license has been issued under

section 11122 or 11125 shall pay to the department an annual

handler user charge of $2,000.00.

used oil fuel marketer as defined in the rules promulgated under

this part shall pay to the department an annual handler user charge

of $100.00.

(3) The handler user charges shall be based on each of the

activities engaged in by the handler during the previous calendar

year. A handler shall pay the handler user charge specified in

subsection (2)(a) to (c) for each of the activities conducted

during the previous calendar year.

(4) Payment of the handler user charges shall be made using a

form provided by the department. The handler shall certify that the

information on the form is accurate. ~~Beginning in 2003, the~~ The

department shall send forms to the handlers by February 28 of each

year unless the handler user charges have been suspended as

provided for in subsection (9). ~~Beginning in 2003, a~~ A handler

shall return the completed forms and the appropriate payment to the

department by April 30 of each year unless the handler user charges

have been suspended as provided for in subsection (9).

(5) A handler who fails to provide timely and accurate

information, a complete form, or the appropriate handler user

charge is in violation of this part and is subject to both of the

following:

(a) Payment of the handler user charge and an administrative

fine of 5% ~~per month~~ of the amount owed for each month that the

payment is delinquent. Any payments received after the 15th of the

month after the due date shall be considered delinquent for that

month. However, the administrative fine shall not exceed 25% of the

total amount owed.

(b) Beginning 5 months after the date payment of the handler

user charge is due, but not paid, at the request of the department,

an action by the attorney general for the collection of the amount

owed under subdivision (a) and the actual cost to the department in

attempting to collect the amount owed under subdivision (a).

(6) The department shall maintain information regarding the

site identification number user charges under subsection (1) and

the handler user charges received under this section as necessary

to satisfy the reporting requirements of subsection (8).

(7) The site identification number user charges and the

handler user charges collected under this section and any amounts

collected under subsection (5) for a violation of this section

shall be forwarded to the state treasurer and deposited in the

environmental pollution prevention fund created in section 11130

and credited to the hazardous waste and liquid industrial waste

users account created in section 11130(5).

(8) ~~Beginning in 2005, the~~ The department shall evaluate the

effectiveness and adequacy of the site identification number user

charges and the handler user charges collected under this section

relative to the overall revenue needs of the state's hazardous

waste management program administered under this part. ~~Beginning in~~

~~2006, not~~ Not later than April 1 of each even-numbered year, the

department shall summarize its findings under this subsection in a

report and shall provide that report to the ~~state~~ legislature.

(9) Notwithstanding any other provision in this section, if

the balance of the hazardous waste and liquid industrial waste

users account created in section 11130(5), as of December 31 of any

year, exceeds $3,200,000.00, the department shall suspend the

handler user charges until October of the following year.

(10) As used in this section:

(a) "Handler" means the person required to pay the handler

user charge.

(b) "Handler user charge" means the annual hazardous waste

management program user charge provided for in subsection (2).

Sec. 11525a. ~~(1) Until October 1, 2003, a solid waste program~~

~~administration fee is imposed upon the owners or operators of~~

~~landfills in the state. The annual cumulative total amount of this~~

~~fee shall be $1,040,000.00 as this amount is annually adjusted for~~

~~inflation beginning in 1997 using the Detroit consumer price index.~~

~~As used in this section, "Detroit consumer price index" means the~~

~~most comprehensive index of consumer prices available for the~~

~~Detroit area from the United States department of labor, bureau of~~

~~labor statistics.~~

~~(2) The department shall apportion the cumulative solid waste~~

~~program administration fee among the operating landfills in the~~

~~state. The apportionment shall be made on the basis of each~~

~~landfill's pro rata share of the cumulative total of amounts~~

~~maintained in individual perpetual care funds in the state.~~

~~(3) By November 1, 2003, the owner or operator of a landfill~~

~~shall report to the department the total amount of assets in its~~

~~perpetual care fund. The department shall determine the cumulative~~

~~total amount of perpetual care funds in the state but shall not~~

~~credit any individual landfill more than the maximum required fund~~

~~amount established in section 11525(2). The department shall~~

~~determine each landfill's pro rata share of perpetual care fund~~

~~contributions using this amount.~~

~~(4) By December 1, 2003, the department shall notify the owner~~

~~or operator of each landfill of its assessed share of the solid~~

~~waste program administration fee. By January 1, 2004, the owner or~~

~~operator of a landfill shall pay his or her assessed share of the~~

~~solid waste program administration fee.~~

~~(5) Solid waste program administration fees collected under~~

~~this section shall be forwarded to the state treasurer for deposit~~

~~in the solid waste staff account of the solid waste management fund~~

~~established in section 11550.~~

(1) ~~(6) Beginning January 1, 2004, and until~~ Until October 1,

~~2007~~ 2011, the owner or operator of a landfill shall pay a

surcharge as follows:

(a) Except as provided in subdivision (b), 7 cents for each

cubic yard or portion of a cubic yard of solid waste or municipal

solid waste incinerator ash that is disposed of in the landfill

during the previous quarter of the state fiscal year.

(b) For type III landfills that are captive facilities, the

following annual amounts:

(i) For a captive facility that receives 100,000 or more cubic

yards of waste, $3,000.00.

(ii) For a captive facility that receives 75,000 or more but

less than 100,000 cubic yards of waste, $2,500.00.

(iii) For a captive facility that receives 50,000 or more but

less than 75,000 cubic yards of waste, $2,000.00.

(iv) For a captive facility that receives 25,000 or more but

less than 50,000 cubic yards of waste, $1,000.00.

(v) For a captive facility that receives less than 25,000

cubic yards of waste, $500.00.

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

waste incinerator shall pay the surcharge under subsection ~~(6)(a)~~

(1)(a) within 30 days after the end of each quarter of the state

fiscal year. The owner or operator of a type III landfill that is a

captive facility shall pay the surcharge under subsection ~~(6)(b)~~

(1)(b) by January 31 of each year.

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

waste incinerator who is required to pay the surcharge under

subsection ~~(6)~~ (1) may pass through and collect the surcharge from

any person who generated the solid waste or who arranged for its

delivery to the solid waste hauler or transfer facility

notwithstanding the provisions of any contract or agreement to the

contrary or the absence of any contract or agreement.

(4) ~~(9)~~ Surcharges collected under this section shall be

forwarded to the state treasurer for deposit in the solid waste

staff account of the solid waste management fund established in

section 11550.

(5) ~~(10)~~ As used in this section, "captive facility" means a

landfill that accepts for disposal only nonhazardous industrial

waste generated only by the owner of the landfill or a nonhazardous

industrial waste landfill that is specified in section 11525(3).

Sec. 12103. (1) A generator shall do all of the following:

(a) Characterize the waste in accordance with the requirements

of part 111, and rules promulgated under that part, and maintain

records of the characterization.

(b) Obtain and utilize a site identification number assigned

by the United States environmental protection agency or the

department. ~~Beginning on October 1, 2002 and until March 31, 2008~~

Until October 1, 2011, the department shall assess a site

identification number user charge of $50.00 for each site

identification number it issues. The department shall not issue a

site identification number under this subdivision unless the site

identification number user charge and the tax identification number

for the person applying for the site identification number have

been received. Money collected under this subdivision shall be

forwarded to the state treasurer for deposit into the environmental

pollution prevention fund created in section 11130 and credited to

the hazardous waste and liquid industrial waste users account

created in section 11130(5).

for the transportation of liquid industrial waste only with a

transporter registered and permitted under the hazardous materials

transportation act, 1998 PA 138, MCL 29.471 to 29.480.

(d) Except as otherwise provided in this part, utilize and

retain a separate manifest for each shipment of liquid industrial

waste transported to a designated facility. The department may

authorize the use of a consolidated manifest , for waste loads that

are multiple pickups of uniform types of wastes that constitute a

single shipment of waste. ~~In this case~~ If a consolidated manifest

is authorized by the department and utilized by a generator, a

receipt shall be obtained from the transporter documenting the

transporter's company name, driver's signature, date of pickup,

type and quantity of waste accepted from the generator, the

consolidated manifest number, and the designated facility. A

generator of brine may complete a single manifest per transporter

of brine, per disposal well, each month.

(e) Submit a copy of the manifest to the department by the

tenth day after the end of the month in which a load of waste is

transported.

(f) Certify that at the time the transporter picks up liquid

industrial waste the information contained on the manifest is

factual by signing the manifest. This certification is to be by the

generator or his or her authorized representative.

(g) Provide to the transporter the signed copies of the

manifest to accompany the liquid industrial waste to the designated

facility.

(h) If a copy of the manifest, with a handwritten signature of

the owner or operator of the designated facility, is not received

within 35 days after the date the waste was accepted by the initial

transporter, contact the transporter or owner or operator of the

designated facility, or both, to determine the status of the waste.

(i) Submit an exception report to the department if a copy of

the manifest is not received with the handwritten signature of the

owner or operator or his or her authorized representative of the

designated facility within 45 days after the date the waste was

accepted by the initial transporter. The exception report shall

include both of the following:

(i) A legible copy of the manifest for which the generator does

not have confirmation of delivery.

(ii) A cover letter signed by the generator explaining the

efforts taken to locate the waste and the results of those efforts.

(2) A generator who also operates an on-site reclamation,

treatment, or disposal facility shall keep records of all liquid

waste produced and reclaimed, treated, or disposed of at his or her

facility.

(3) A generator shall retain all records required pursuant to

this part for a period of at least 3 years, and shall make those

records readily available for review and inspection by the

department or a peace officer. The retention period required by

this subsection is automatically extended during the course of any

unresolved enforcement action regarding the regulated activity or

as otherwise required by the department.

(4) A generator transporting its own waste in quantities of 55

gallons or less is not subject to manifest requirements if all of

the following conditions are met:

(a) The waste is accompanied by a record showing the source

and quantity of the waste and the designated facility where the

waste is being transported.

(b) The generator obtains a signature from the designated

facility acknowledging receipt of the waste and provides a copy of

the record of shipment to the designated facility.

part of the generator records.

(d) The designated facility is managed in accordance with this

part.

Sec. 12109. (1) A liquid industrial waste transporter shall

certify acceptance of waste for transportation by completing the

transporter section of the manifest, and shall deliver the liquid

industrial waste and accompanying manifest only to the designated

facility specified by the generator on the manifest.

(2) The liquid industrial waste transporter shall retain all

records required pursuant to this part for a period of at least 3

years, and shall make those records readily available for review

and inspection by the department or a peace officer. The retention

period required in this subsection is automatically extended during

the course of any unresolved enforcement action regarding an

activity regulated under this part or as required by the

department.

(3) The department may authorize, for certain waste streams,

the use of a consolidated manifest as authorized under section

12103(1)(d). ~~In this case~~ If a consolidated manifest is authorized

by the department and utilized by a generator, the transporter

shall give to the generator a receipt documenting the transporter's

company name, driver's signature, date of pickup, type and quantity

of waste removed, the consolidated manifest number, and the

designated facility.

(4) A transporter shall maintain a trip log for consolidated

manifest shipments and for brine shipments. The transporter shall

do all of the following:

(a) Identify on the trip log the consolidated manifest number,

the generator, date of pickup, type and quantity of waste, and the

designated facility location for each shipment of waste.

(b) Keep a copy of all trip logs available during

transportation, at a minimum, for the current shipment in

transportation and retain these records as specified in subsection

(2).