October 28, 2009, Introduced by Reps. Scripps, Roberts, Kennedy, Miller, Haase, Haugh, Liss, Smith, Roy Schmidt, Warren, Donigan and Byrum 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 section 11525a (MCL 324.11525a), as amended by 2007 PA
75, and by adding sections 11532a and 11532b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
11525a. (1) Until October 1,
2011, the The owner
or
operator of a landfill shall pay a surcharge as follows:
(a) Except as provided in subdivision (b), until October 1,
2009, 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)
The owner or operator of a landfill or municipal solid
waste
incinerator shall pay the surcharge
under subsection (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 (1)(b) by
January 31 of each year.
(3)
The owner or operator of a landfill or municipal solid
waste
incinerator who is required to pay
the surcharge under
subsection (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) 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) 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. 11532a. (1) Beginning October 1, 2009, a recycling and
waste diversion surcharge of $7.50 is assessed on each ton of solid
waste that is disposed of in a landfill or municipal solid waste
incinerator.
(2) The owner or operator of a landfill or municipal solid
waste incinerator shall pay the recycling and waste diversion
surcharge under this section to the department within 30 days after
the end of each quarter of the state fiscal year. The department
shall forward all recycling and waste diversion surcharge revenue
it receives to the state treasurer for deposit into the recycling
fund.
(3) The owner or operator of a landfill or municipal solid
waste incinerator who is required to pay the recycling and waste
diversion surcharge under subsection (2) may pass through and
collect the surcharge from the generators of the solid waste or
from the persons 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.
Sec. 11532b. (1) The recycling and waste diversion fund is
created within the state treasury.
(2) Recycling and waste diversion surcharge revenue under
section 11532a shall be deposited in the recycling fund. The state
treasurer may receive money or other assets from any other source
for deposit in the recycling fund. The state treasurer shall direct
the investment of the recycling fund. The state treasurer shall
credit to the recycling fund interest and earnings from recycling
fund investments.
(3) Money in the recycling fund at the close of the fiscal
year shall remain in the recycling fund and shall not lapse to the
general fund.
(4) The department of environmental quality shall be the
administrator of the fund for auditing purposes.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5559(request no.
01127'09 *) of the 95th Legislature is enacted into law.