HB-6613, As Passed Senate, December 18, 2008

HOUSE BILL No. 6613

November 6, 2008, Introduced by Rep. Bennett and referred to the Committee on Great Lakes and Environment.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 11135 and 11153 (MCL 324.11135 and 324.11153),

as amended by 2007 PA 75.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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. 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. The department shall send a form to each person subject

to the manifest processing user charge by ~~February 28~~ March 30 of

each year. The form for the 2009 billing cycle shall specify the

number of manifests prepared by that person and processed by the

department during the months of October, November, and December

2007 and calendar year 2008. The form for subsequent billing cycles

shall specify the number of manifests prepared by that person and

processed by the department during the previous ~~fiscal~~ calendar

year. 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% 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) 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.

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 If 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 after the date on which

the hazardous waste was accepted by the initial transporter, the

generator 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 after the date on which the

hazardous waste was accepted by the initial transporter. The

exception report shall include all of 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. 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) Until October 1, 2011, except as provided in subsection

(9), the department shall annually assess 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 the

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. The department shall send

forms to the handlers by ~~February 28~~ March 30 of each year unless

the handler user charges have been suspended as provided for in

subsection (9). 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% 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) 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. 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.

(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.