April 14, 2015, Introduced by Reps. Sarah Roberts and Victory and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3104, 3118, 3120, 3122, 4112, 11525a, 17303,
and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.4112,
324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120,
and 3122 as amended by 2011 PA 90, section 4112 as amended by 2010
PA 302, section 11525a as amended by 2013 PA 72, section 17303 as
added by 2008 PA 394, and section 17317 as added by 2008 PA 395.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3104. (1) The department is designated the state agency
to cooperate and negotiate with other governments, governmental
units, and governmental agencies in matters concerning the water
resources of the state, including, but not limited to, flood
control, beach erosion control, water quality control planning,
development, and management, and the control of aquatic nuisance
species. The department shall have control over the alterations of
natural
or present watercourses of all rivers and streams in the
this state to assure that the channels and the portions of the
floodplains that are the floodways are not inhabited and are kept
free and clear of interference or obstruction that will cause any
undue restriction of the capacity of the floodway. The department
may take steps as may be necessary to take advantage of any act of
congress that may be of assistance in carrying out the purposes of
this part, including the water resources planning act, 42 USC 1962
to 1962d-3, and the federal water pollution control act, 33 USC
1251 to 1387.
(2) To address discharges of aquatic nuisance species from
oceangoing vessels that damage water quality, aquatic habitat, or
fish or wildlife, the department shall facilitate the formation of
a Great Lakes aquatic nuisance species coalition. The Great Lakes
aquatic nuisance species coalition shall be formed through an
agreement entered into with other states in the Great Lakes basin
to implement on a basin-wide basis water pollution laws that
prohibit the discharge of aquatic nuisance species into the Great
Lakes from oceangoing vessels. The department shall seek to enter
into an agreement that will become effective not later than January
1, 2007. The department shall consult with the department of
natural resources prior to entering into this agreement. Upon
entering into the agreement, the department shall notify the
Canadian Great Lakes provinces of the terms of the agreement. The
department shall seek funding from the Great Lakes protection fund
authorized under part 331 to implement the Great Lakes aquatic
nuisance species coalition.
(3) The department shall report to the governor and to the
legislature at least annually on any plans or projects being
implemented or considered for implementation. The report shall
include requests for any legislation needed to implement any
proposed projects or agreements made necessary as a result of a
plan or project, together with any requests for appropriations. The
department may make recommendations to the governor on the
designation of areawide water quality planning regions and
organizations relative to the governor's responsibilities under the
federal water pollution control act, 33 USC 1251 to 1387.
(4) A person shall not alter a floodplain except as authorized
by a floodplain permit issued by the department pursuant to part
13. An application for a permit shall include information that may
be required by the department to assess the proposed alteration's
impact on the floodplain. If an alteration includes activities at
multiple locations in a floodplain, 1 application may be filed for
combined activities.
(5) Except as provided in subsections (6), (7), and (9), until
October
1, 2015, 2019, an application for a floodplain permit shall
be
accompanied by a fee of $500.00. Until October 1, 2015, 2019, if
the department determines that engineering computations are
required to assess the impact of a proposed floodplain alteration
on flood stage or discharge characteristics, the department shall
assess the applicant an additional $1,500.00 to cover the
department's cost of review.
(6)
Until October 1, 2015, 2019,
an application for a
floodplain permit for a minor project category shall be accompanied
by a fee of $100.00. Minor project categories shall be established
by rule and shall include activities and projects that are similar
in nature and have minimal potential for causing harmful
interference.
(7) If work has been done in violation of a permit requirement
under this part and restoration is not ordered by the department,
the department may accept an application for a permit for that work
if the application is accompanied by a fee equal to 2 times the
permit fee required under subsection (5) or (6).
(8) The department shall forward fees collected under this
section to the state treasurer for deposit in the land and water
management permit fee fund created in section 30113.
(9) A project that requires review and approval under this
part and 1 or more of the following is subject to only the single
highest permit fee required under this part or the following:
(a) Part 301.
(b) Part 303.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
Sec. 3118. (1) Except as otherwise provided in this section,
until
October 1, 2015, 2019, the department shall collect storm
water discharge fees from persons who apply for or have been issued
storm water discharge permits as follows:
(a) A 1-time fee of $400.00 is required for a permit related
solely to a site of construction activity for each permitted site.
The fee shall be submitted by the permit applicant with his or her
application for an individual permit or for a certificate of
coverage under a general permit. For a permit by rule, the fee
shall be submitted by the construction site permittee along with
his or her notice of coverage. A person needing more than 1 permit
may submit a single payment for more than 1 permit and receive
appropriate credit. Payment of the fee under this subdivision or
verification of prepayment is a necessary part of a valid permit
application or notice of coverage under a permit by rule.
(b) An annual fee of $260.00 is required for a permit related
solely to a storm water discharge associated with industrial
activity or from a commercial site for which the department
determines a permit is needed.
(c) An annual fee of $500.00 is required for a permit for a
municipal separate storm sewer system, unless the permit is issued
to a city, a village, a township, or a county or is a single permit
authorization for municipal separate storm sewer systems in
multiple locations statewide.
(d) An annual fee for a permit for a municipal separate storm
sewer system issued to a city, village, or township shall be
determined by its population in an urbanized area as defined by the
United
States bureau of the census. Bureau
of the Census. The fee
shall be based on the latest available decennial census as follows:
(i) For a population of 1,000 people or fewer, the annual fee
is $500.00.
(ii) For a population of more than 1,000 people, but fewer than
3,001 people, the annual fee is $1,000.00.
(iii) For a population of more than 3,000 people, but fewer than
10,001 people, the annual fee is $2,000.00.
(iv) For a population of more than 10,000 people, but fewer
than 30,001 people, the annual fee is $3,000.00.
(v) For a population of more than 30,000 people, but fewer
than 50,001 people, the annual fee is $4,000.00.
(vi) For a population of more than 50,000 people, but fewer
than 75,001 people, the annual fee is $5,000.00.
(vii) For a population of more than 75,000 people, but fewer
than 100,001 people, the annual fee is $6,000.00.
(viii) For a population of more than 100,000 people, the annual
fee is $7,000.00.
(e) An annual fee of $3,000.00 is required for a permit for a
municipal separate storm sewer system issued to a county.
(f) An annual fee for a single municipal separate storm sewer
systems permit authorizing a state or federal agency to operate
municipal separate storm sewer systems in multiple locations
statewide shall be determined in accordance with a memorandum of
understanding between that state or federal agency and the
department and shall be based on the projected needs by the
department to administer the permit.
(2) A storm water discharge permit is not required for a
municipality that does not own or operate a separate storm sewer
system. The department shall not collect storm water discharge fees
under this section from a municipality that does not own or operate
a separate storm sewer system.
(3) Permit fees required under this section are nonrefundable.
(4) A person possessing a permit not related solely to a site
of construction activity as of January 1 shall be assessed a fee.
The department shall notify those persons of their fee assessments
by February 1. Payment shall be postmarked no later than March 15.
Failure by the department to send a fee assessment notification by
the deadline, or failure of a person to receive a fee assessment
notification, does not relieve that person of his or her obligation
to pay the fee. If the department does not meet the February
deadline for sending the fee assessment, the fee assessment is due
not later than 45 days after the permittee receives a fee
notification.
(5) If a storm water permit is issued for a drainage district,
the drainage district is responsible for the applicable fee under
this section.
(6) The department shall assess interest on all fee payments
submitted under this section after the due date. The permittee
shall pay an additional amount equal to 0.75% of the payment due
for each month or portion of a month the payment remains past due.
(7) The department shall forward all fees and interest
payments collected under this section to the state treasurer for
deposit into the fund.
(8) The department shall make payment of the required fee
assessed under this section a condition of issuance or reissuance
of a permit not related solely to a site of construction activity.
(9) In addition to any other penalty provided in this part, if
a person fails to pay the fee required under this section by its
due date, the person is in violation of this part and the
department may undertake enforcement actions as authorized under
this part.
(10) The attorney general may bring an action to collect
overdue fees and interest payments imposed under this section.
(11) If the permit is for a municipal separate storm sewer
system and the population served by that system is different than
the latest decennial census, the permittee may appeal the annual
fee determination and submit written verification of actual
population served by the municipal separate storm sewer system.
(12) A person who wishes to appeal either a fee or a penalty
assessed under this section is limited to an administrative appeal,
in accordance with section 631 of the revised judicature act of
1961, 1961 PA 236, MCL 600.631. The appeal shall be filed within 30
days of the department's fee notification under subsection (4).
(13) As used in this section and section 3119:
(a) "Certificate of coverage" means a document issued by the
department that authorizes a discharge under a general permit.
(b) "Clean water act" means the federal water pollution
control act, 33 USC 1251 to 1387.
(c) "Construction activity" means a human-made earth change or
disturbance in the existing cover or topography of land that is 5
acres or more in size, for which a national permit is required
pursuant to 40 CFR 122.26(a), and which is described as a
construction activity in 40 CFR 122.26(b)(14)(x). Construction
activity includes clearing, grading, and excavating activities.
Construction activity does not include the practice of clearing,
plowing, tilling soil, and harvesting for the purpose of crop
production.
(d) "Fee" means a storm water discharge fee authorized under
this section.
(e) "Fund" means the storm water fund created in section 3119.
(f) "General permit" means a permit issued authorizing a
category of similar discharges.
(g) "Individual permit" means a site-specific permit.
(h) "Municipal separate storm sewer system" means all separate
storm sewers that are owned or operated by the United States or a
state, city, village, township, county, district, association, or
other public body created by or pursuant to state law, having
jurisdiction over disposal of sewage, industrial wastes, storm
water, or other wastes, including special districts under state
law, such as a sewer district, flood control district, or drainage
district or similar entity, or a designated or approved management
agency under section 208 of the clean water act, 33 USC 1288, that
discharges to waters of the state. Municipal separate storm sewer
system includes systems similar to separate storm sewer systems in
municipalities, such as systems at military bases, large hospital
or prison complexes, and highways and other thoroughfares.
Municipal separate storm sewer system does not include separate
storm sewers in very discrete areas, such as individual buildings.
(i) "Notice of coverage" means a notice that a person engaging
in construction activity agrees to comply with a permit by rule for
that activity.
(j) "Permit" or "storm water discharge permit" means a permit
authorizing the discharge of wastewater or any other substance to
surface waters of the state under the national pollutant discharge
elimination system, pursuant to the clean water act or this part
and the rules and regulations promulgated under that act or this
part.
(k) "Public body" means the United States, the state of
Michigan, a city, village, township, county, school district,
public college or university, or single purpose governmental
agency, or any other body that is created by federal or state
statute or law.
(l) "Separate storm sewer system" means a system of drainage,
including, but not limited to, roads, catch basins, curbs, gutters,
parking lots, ditches, conduits, pumping devices, or man-made
channels, that has the following characteristics:
(i) The system is not a combined sewer where storm water mixes
with sanitary wastes.
(ii) The system is not part of a publicly owned treatment
works.
(m) "Storm water" means storm water runoff, snowmelt runoff,
and surface runoff and drainage.
(n) "Storm water discharge associated with industrial
activity" means a point source discharge of storm water from a
facility that is defined as an industrial activity under 40 CFR
122.26(b)(14)(i) to (ix) and (xi).
Sec.
3120. (1) Until October 1, 2015, 2019, an application for
a new permit, a reissuance of a permit, or a modification of an
existing permit under this part authorizing a discharge into
surface water, other than a storm water discharge, shall be
accompanied by an application fee as follows:
(a) For an EPA major facility permit, $750.00.
(b) For an EPA minor facility individual permit, a CSO permit,
or a wastewater stabilization lagoon individual permit, $400.00.
(c) For an EPA minor facility general permit, $75.00.
(2) Within 180 days after receipt of a complete application
for a new or increased use permit, the department shall either
grant or deny the permit, unless the applicant and the department
agree to extend this time period.
(3) By September 30 of the year following the submittal of a
complete application for reissuance of a permit, the department
shall either grant or deny the permit, unless the applicant and the
department agree to extend this time period.
(4) If the department fails to make a decision on an
application within the applicable time period under subsection (2)
or (3), the department shall return to the applicant the
application fee submitted under subsection (1) and the applicant
shall not be subject to an application fee and shall receive a 15%
annual discount on an annual permit fee required for a permit
issued based upon that application.
(5)
Until October 1, 2015, 2019,
a person who receives a
permit under this part authorizing a discharge into surface water,
other than a stormwater discharge, is subject to an annual permit
fee as follows:
(a) For an industrial or commercial facility that is an EPA
major facility, $8,700.00.
(b) For an industrial or commercial facility that is an EPA
minor facility, the following amounts:
(i) For a general permit for a low-flow facility, $150.00.
(ii) For a general permit for a high-flow facility, $400.00.
(iii) For an individual permit for a low-flow facility,
$1,650.00.
(iv) For an individual permit for a high-flow facility,
$3,650.00.
(c) For a municipal facility that is an EPA major facility,
the following amounts:
(i) For an individual permit for a facility discharging 500 MGD
or more, $213,000.00.
(ii) For an individual permit for a facility discharging 50 MGD
or more but less than 500 MGD, $20,000.00.
(iii) For an individual permit for a facility discharging 10 MGD
or more but less than 50 MGD, $13,000.00.
(iv) For an individual permit for a facility discharging less
than 10 MGD, $5,500.00.
(d) For a municipal facility that is an EPA minor facility,
the following amounts:
(i) For an individual permit for a facility discharging 10 MGD
or more, $3,775.00.
(ii) For an individual permit for a facility discharging 1 MGD
or more but less than 10 MGD, $3,000.00.
(iii) For an individual permit for a facility discharging less
than 1 MGD, $1,950.00.
(iv) For a general permit for a high-flow facility, $600.00.
(v) For a general permit for a low-flow facility, $400.00.
(e) For a municipal facility that is a CSO facility,
$6,000.00.
(f) For an individual permit for a wastewater stabilization
lagoon, $1,525.00.
(g) For an individual or general permit for an agricultural
purpose, $600.00, unless either of the following applies:
(i) The facility is an EPA minor facility and would qualify for
a general permit for a low-flow facility, in which case the fee is
$150.00.
(ii) The facility is an EPA major facility that is not a
farmers' cooperative corporation, in which case the fee is
$8,700.00.
(h) For a facility that holds a permit issued under this part
but has no discharge and is connected to and is authorized to
discharge only to a municipal wastewater treatment system, an
annual permit maintenance fee of $100.00. However, if a facility
does have a discharge or at some point is no longer connected to a
municipal wastewater treatment system, the annual permit fee shall
be the appropriate fee as otherwise provided in this subsection.
(6) If the person required to pay an application fee under
subsection (1) or an annual permit fee under subsection (5) is a
municipality, the municipality may pass on the application fee or
the annual permit fee, or both, to each user of the municipal
facility.
(7) The department shall send invoices for annual permit fees
under subsection (5) to all permit holders by December 1 of each
year. The fee shall be based on the status of the facility as of
October 1 of that year. A person subject to an annual permit fee
shall pay the fee not later than January 15 of each year. Failure
by the department to send an invoice by the deadline, or failure of
a person to receive an invoice, does not relieve that person of his
or her obligation to pay the annual permit fee. If the department
does not meet the December 1 deadline for sending invoices, the
annual permit fee is due not later than 45 days after receiving an
invoice. The department shall forward annual permit fees received
under this section to the state treasurer for deposit into the
national pollutant discharge elimination system fund created in
section 3121.
(8) The department shall assess a penalty on all annual permit
fee payments submitted under this section after the due date. The
penalty shall be an amount equal to 0.75% of the payment due for
each month or portion of a month the payment remains past due.
(9) Following payment of an annual permit fee, if a permittee
wishes to challenge its annual permit fee under this section, 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 by March 1 of the year the payment
is due. A challenge shall identify the facility and state the
grounds upon which the challenge is based. Within 30 calendar days
after receipt of the challenge, the department shall determine the
validity of the challenge and provide the permittee with
notification of a revised annual permit fee and a refund, if
appropriate, or a statement setting forth the reason or reasons why
the annual permit fee was not revised. If the owner or operator of
a facility desires to further challenge its annual permit 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.
(10) The attorney general may bring an action for the
collection of the annual permit fee imposed under this section.
(11) As used in this section:
(a) "Agricultural purpose" means the agricultural production
or processing of those plants and animals useful to human beings
produced by agriculture and includes, but is not limited to,
forages and sod crops, grains and feed crops, field crops, dairy
animals and dairy products, poultry and poultry products, cervidae,
livestock, including breeding and grazing, equine, fish and other
aquacultural products, bees and bee products, berries, herbs,
fruits, vegetables, flowers, seeds, grasses, nursery stock, trees
and tree products, mushrooms, and other similar products, or any
other product, as determined by the commission of agriculture and
rural development, that incorporates the use of food, feed, fiber,
or fur. Agricultural purpose includes an operation or facility that
produces wine.
(b) "Combined sewer overflow" means a discharge from a
combined sewer system that occurs when the flow capacity of the
combined sewer system is exceeded at a point prior to the headworks
of a publicly owned treatment works during wet weather conditions.
(c) "Combined sewer system" means a sewer designed and used to
convey both storm water runoff and sanitary sewage, and that
contains lawfully installed regulators and control devices that
allow for delivery of sanitary flow to treatment during dry weather
periods and divert storm water and sanitary sewage to surface
waters during storm flow periods.
(d) "CSO facility" means a facility whose discharge is solely
a combined sewer overflow.
(e) "EPA major facility" means a facility that is designated
by
the United States environmental protection agency Environmental
Protection Agency as being a major facility under 40 CFR 122.2.
(f) "EPA minor facility" means a facility that is not an EPA
major facility.
(g) "Farmers' cooperative corporation" means a farmers'
cooperative corporation organized within the limitations of section
98 of 1931 PA 327, MCL 450.98.
(h) "General permit" means a permit suitable for use at
facilities meeting eligibility criteria as specified in the permit.
With a general permit, the discharge from a specific facility is
acknowledged through a certificate of coverage issued to the
facility.
(i) "High-flow facility" means a facility that discharges 1
MGD or more.
(j) "Individual permit" means a permit developed for a
particular facility, taking into account that facility's specific
characteristics.
(k) "Industrial or commercial facility" means a facility that
is not a municipal facility.
(l) "Low-flow facility" means a facility that discharges less
than 1 MGD.
(m) "MGD" means 1,000,000 gallons per day.
(n) "Municipal facility" means a facility that is designed to
collect or treat sanitary wastewater, and is either publicly or
privately owned, and serves a residential area or a group of
municipalities.
(o) "Wastewater stabilization lagoon" means a type of
treatment system constructed of ponds or basins designed to
receive, hold, and treat sanitary wastewater for a predetermined
amount of time through a combination of physical, biological, and
chemical processes.
Sec.
3122. (1) Until October 1, 2015, 2019, 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.
(c) For a group 3 facility, $200.00.
(2) Within 180 days after receipt of a complete application
for a permit to discharge wasterwater to the ground or to
groundwater, 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, an applicant subject to an annual groundwater
discharge permit fee shall receive a 15% annual discount on the
annual groundwater discharge permit fee.
(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.
4112. (1) For projects described in subsection (2), an
expedited
review process shall be available through September 30,
2015.
To be eligible for expedited review, an applicant shall
submit
all of the items under subsection (4) not later than
September
30, 2015.
(1) (2)
Subject to subsection (3), (2), the
following projects
are eligible for expedited review:
(a) A conventional gravity sewer extension of 10,000 feet or
less of sewer line.
(b) A simple pumping station and force main.
(c) A small diameter pressure sewer and grinder pumping
station.
(2) (3)
An expedited review shall not be
conducted for a
project that is being funded by the state water pollution control
revolving fund created in section 16a of the shared credit rating
act, 1985 PA 227, MCL 141.1066a.
(3) (4)
A person requesting To obtain
an expedited review, a
person shall do all of the following by September 30, 2019:
(a) At least 10 business days prior to submitting an
application under subdivision (b), notify the department
electronically, in accordance with the instructions provided on the
department's website, of his or her intent to request expedited
review. The department may waive this 10-day notification
requirement.
(b) Submit electronically a complete application for a
construction permit including a request for expedited review and
including, via credit card, the appropriate fee under subsection
(5).(4).
(c) Provide a written copy of the construction plans and
specifications for the project that has been prepared, signed, and
sealed by a licensed professional engineer to the department
postmarked not later than the date that the application is
submitted electronically.
(d) For nongovernmental entities, provide certification to the
department that all necessary contractual service agreements and
financial plans are in place.
(4) (5)
Except as provided in subsection (7),
(6), the fee for
an expedited review is as follows:
(a) For a conventional gravity sewer extension less than 2,000
feet, $1,000.00.
(b) For a conventional gravity sewer extension equal to or
greater than 2,000 feet but less than 4,000 feet of sewer line,
$1,500.00, and for each incremental increase of up to 2,000 feet of
sewer line, an additional $500.00.
(c) For a simple pumping station and force main, $2,000.00.
(d) For a small diameter pressure sewer and grinder pumping
station consisting of not more than 2,000 feet of sewer line and
not more than 10 grinder pumping stations, $2,000.00.
(e) For small diameter pressure sewer and grinder pumping
station projects not covered by subdivision (d) and consisting of
not more than 5,000 feet of sewer line and not more than 25 grinder
pumping stations, $4,000.00.
(5) (6)
Except as provided in subsection (8),
(7), if an
applicant
does not comply with subsection (4), (3), the department
shall not conduct an expedited review and any submitted fee shall
not be refunded. Within 10 business days after receipt of the
application, the department shall notify the applicant of the
reasons why the department's review of the application will not be
expedited. Upon receipt of this notification, a person may correct
the deficiencies and resubmit an application and request for an
expedited review with the appropriate fee specified under
subsection
(7). (6). The department shall not reject a resubmitted
application and request for expedited review solely because of
deficiencies that the department failed to fully identify in the
original application.
(6) (7)
For a second submission of an
application that
originally failed to meet the requirements specified in subsection
(4),
(3), the applicant shall instead include a fee equal to
10% of
the
fee specified in subsection (5). (4). However, if the
deficiency included failure to pay the appropriate fee, the second
submission shall include the balance of the appropriate fee plus
10% of the appropriate fee. If the applicant makes additional
changes other than those items identified by the department as
being deficient, the applicant shall instead include an additional
fee
equal to the fee specified in subsection (5). (4). For
the
third and each subsequent submittal of an application that failed
to
meet the requirements specified in subsection (4), (3), the
applicant shall include an additional fee equal to the fee
specified
in subsection (5).(4).
(7) (8)
If an applicant fails to sign the
application, submits
construction plans and specifications that have not been prepared,
signed, and sealed by a licensed professional engineer, or submits
an insufficient fee, the department shall notify the applicant
within 5 business days of the deficiency. The application shall not
be processed until the deficient items are addressed. If the
applicant does not provide the deficient items within 5 business
days after notification by the department, the application shall be
handled
as provided in subsection (4).(5).
(8) (9)
The department shall review and
make a decision on
complete applications submitted with a request for expedited review
within 10 business days of receipt by the department of a complete
application. However, if the department waives the notification
requirement
of subsection (4)(a), (3)(a),
the department shall
review and make a decision on the application within 20 business
days of receipt of a complete application.
(9) (10)
If the department fails to meet the
deadline
specified
in subsection (9), (8), the department shall continue to
expedite the application review process for an application
submitted under this section. However, the fee for an expedited
review required under this section shall be refunded if the
department fails to meet the deadline established in subsection
(9).(8).
(10) (11)
The department shall transmit fees
collected under
this section to the state treasurer for deposit into the fund.
(11) (12)
As used in this section,
"complete application"
means that a department-provided application form is completed, all
requested information has been provided, and the application can be
processed without additional information.
Sec. 11525a. (1) The owner or operator of a landfill shall pay
a surcharge as follows:
(a) Except as provided in subdivision (b), 12 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
before
October 1, 2015.2019.
(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 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 who is required to pay
the surcharge under subsection (1) shall 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 described in section
11525(3).
Sec. 17303. (1) By 30 days after the end of each state fiscal
year, a manufacturer that sells or offers for sale to any person in
this state a new covered electronic device shall register with the
department on a form provided by the department. The registration
expires 30 days after the end of the following state fiscal year.
After
October 30, 2009, a A manufacturer who has not already filed
a registration under this part shall submit a registration within
10 business days after the manufacturer begins to sell or offer for
sale new covered electronic devices in this state.
(2) A registration under subsection (1) shall include all of
the following:
(a) The manufacturer's name, address, and telephone number.
(b) Each brand name under which the manufacturer sells or
offers for sale covered electronic devices in this state.
(c) Information about the manufacturer's electronic device
takeback program, including all of the following:
(i) Information provided to consumers on how and where to
return covered electronic devices labeled with the manufacturer's
name or brand label.
(ii) The means by which information described in subparagraph
(i) is disseminated to consumers, including the relevant website
address if the internet is used.
(iii) Beginning with the first registration submitted after the
implementation of the takeback program, a report on the
implementation of the takeback program during the prior state
fiscal year, including all of the following:
(A) The total weight of the covered electronic devices
received by the takeback program from consumers during the prior
state fiscal year.
(B) The processes and methods used to recycle or reuse the
covered electronic devices received from consumers.
(C) The identity of any collector or recycler with whom the
manufacturer contracts for the collection or recycling of covered
electronic devices received from consumers. The identity of a
recycler shall include the addresses of that recycler's recycling
facilities in this state, if any. The identity of a collector or
recycler reported under this subparagraph is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, and shall not be disclosed by the department unless
required by court order.
(3) A registration is effective upon receipt by the department
if the registration is administratively complete.
(4) If a manufacturer's registration does not meet the
requirements of this section and any rules promulgated under this
part, the department shall notify the manufacturer of the
deficiency. If the manufacturer fails to correct the deficiency
within 60 days after notice is sent by the department, the
department may deny or revoke the manufacturer's registration,
after providing an opportunity for a contested case hearing under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328.
(5) A registration is valid until October 30 of each year. A
manufacturer of covered electronic devices shall update its
registration within 10 business days after a change in the brands
of covered electronic devices from that manufacturer sold or
offered for sale in this state.
(6)
Until October 1, 2015, 2019,
a manufacturer's registration
shall be accompanied by an annual fee of $3,000.00. However, if the
amount of money in the fund on December 31 of any year is greater
than $600,000.00, the department shall not collect manufacturers'
registration fees for the following state fiscal year.
(7) Revenue from manufacturers' registration fees collected
under this section shall be deposited in the electronic waste
recycling fund created in section 17327.
(8) The department shall maintain on its website a list of
registered manufacturers of computers and a list of registered
manufacturers of video display devices and the website addresses at
which they provide information on recycling covered electronic
devices.
(9) Not later than October 1, 2011 and every 2 years after
that date, the department shall submit a report to the secretary of
the senate and to the clerk of the house of representatives that
assesses the adequacy of the fees under this section and any
departmental recommendation to modify those fees.
Sec. 17317. (1) By 30 days after the end of each state fiscal
year, a person who engages in the business of recycling covered
electronic devices shall register with the department on a form
provided by the department. The registration expires 30 days after
the
end of the following state fiscal year. After October 30, 2009,
a
A recycler who has not already filed a registration
under this
part shall submit a registration within 10 business days after the
recycler begins to recycle covered electronic devices.
(2) A registration under subsection (1) shall include all of
the following:
(a) The name, address, telephone number, and location of all
recycling facilities under the direct control of the recycler
located in this state that may receive covered electronic devices.
(b) A certification by the recycler that the recycler
substantially meets the requirements of section 17315.
(3) Beginning October 30, 2010, a recycler of covered
electronic devices shall report the total weight of covered
electronic devices recycled during the previous state fiscal year.
The recycler shall keep a written log that records the weight of
covered video display devices and the total weight of covered
computers delivered to the recycler and identified as such on
receipt. The total weight reported in the registration shall be
based on this log.
(4) A recycler's registration is effective upon receipt by the
department if the registration is administratively complete.
(5) If a recycler's registration does not meet the
requirements of this section and any rules promulgated under this
part, the department shall notify the recycler of the deficiency.
If the recycler fails to correct the deficiency within 60 days
after notice is sent by the department, the department may deny or
revoke the recycler's registration, after providing an opportunity
for a contested case hearing under the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(6)
Until October 1, 2015, 2019,
a recycler's registration
under subsection (1) shall be accompanied by an annual fee of
$2,000.00.
(7) Revenue from recyclers' registration fees collected under
this section shall be deposited in the electronic waste recycling
fund created in section 17327.
(8) Submitting a false registration under subsection (1) is a
violation of this part.
(9) Not later than October 1, 2011 and every 2 years after
that date, the department shall submit a report to the secretary of
the senate and to the clerk of the house of representatives that
assesses the adequacy of the fees under this section and any
departmental recommendation to modify those fees.
Enacting section 1. This amendatory act takes effect October
1, 2015.