HB-4540, As Passed House, May 31, 2017

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4540

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 3110, 4104, 11135, 11153, 12109, and 12112

 

(MCL 324.3110, 324.4104, 324.11135, 324.11153, 324.12109, and

 

324.12112), sections 3110 and 4104 as amended by 2011 PA 148,

 

sections 11135 and 11153 as amended by 2014 PA 287, and sections

 

12109 and 12112 as amended by 2015 PA 224.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3110. (1) Each industrial or commercial entity, other

 

than a concentrated animal feed operation, that discharges liquid

 

wastes into any surface water or groundwater or underground or on

 

the ground other than through a public sanitary sewer shall have

 

waste treatment or control facilities under the specific

 

supervision and control of persons who have been certified by the

 

department as properly qualified to operate the facilities. The

 

department shall examine all supervisory personnel having

 

supervision and control of the facilities, other than a

 

concentrated animal feed operation, and certify that the persons

 

are properly qualified to operate or supervise the facilities.

 

     (2) The department may conduct a program for training persons

 

seeking to be certified as operators or supervisors under

 

subsection (1), section 4104, or section 9 of the safe drinking

 

water act, 1976 PA 399, MCL 325.1009. Until October 1, 2017, 2021,

 

the department may charge a fee based on the costs to the

 

department of operating this training program. The fees shall be

 

deposited into the operator training and certification fund created

 

in section 3134.

 

     (3) The department shall administer certification operator

 

programs for persons seeking to be certified as operators or

 

supervisors under subsection (1), section 4104, or section 9 of the

 

safe drinking water act, 1976 PA 399, MCL 325.1009. A person

 

wishing to become certified as an operator or a supervisor shall

 

submit an application to the department containing information

 

required by the department. Information submitted as part of the

 

application shall be considered part of the examination for

 

certification. Until October 1, 2017, 2021, the department may

 

charge a certification examination fee and a certification renewal

 

fee in accordance with the following fee schedule:

 

     (a) For certification examinations under subsection (1), the

 

following fees apply:

 

     (i) Industrial wastewater certification level 1 or 2

examination as described under subrule (2) of R 323.1253 of the

 

Michigan administrative code, Administrative Code, $35.00.

 

     (ii) Industrial wastewater certification level 3 examination

 

as described under subrule (2) of R 323.1253 of the Michigan

 

administrative code, Administrative Code, $40.00.

 

     (iii) Industrial wastewater special classification A-1a

 

examination or noncontact cooling water A-1h examination as

 

described under subrule (2) of R 323.1253 of the Michigan

 

administrative code, Administrative Code, $30.00.

 

     (iv) Storm water industrial certification A-1i examination as

 

described under subrule (2) of R 323.1253 of the Michigan

 

administrative code, Administrative Code, $30.00.

 

     (b) For certification examinations under section 4104, the

 

following fees apply:

 

     (i) Municipal wastewater certification level A, B, C, or D

 

examination as described under subrule (1) of R 299.2911 of the

 

Michigan administrative code, Administrative Code, $70.00.

 

     (ii) Municipal wastewater certification level L2 examination

 

as described under subrule (3a) (3)(a) of R 299.2911 of the

 

Michigan administrative code, Administrative Code, $45.00.

 

     (iii) Municipal wastewater certification level L1 examination

 

as described under subrule (3b) (3)(b) of R 299.2911 of the

 

Michigan administrative code, Administrative Code, $45.00.

 

     (iv) Municipal wastewater certification level SC examination

 

as described under subrule (4) of R 299.2911 of the Michigan

 

administrative code, Administrative Code, $45.00.

 

     (c) For certification examinations under section 9 of the safe

drinking water act, 1976 PA 399, MCL 325.1009, for operators of the

 

following systems, the following fees apply:

 

     (i) Drinking water complete treatment certification level 1,

 

2, 3, or 4 examination system classes F-1, F-2, F-3, or F-4 as

 

described under subrule (1) of R 325.11901 of the Michigan

 

administrative code, Administrative Code, $70.00.

 

     (ii) Drinking water limited treatment certification level 1,

 

2, 3, or 4 examination system classes D-1, D-2, D-3, or D-4 as

 

described under subrule (2) of R 325.11901 of the Michigan

 

administrative code, Administrative Code, $70.00.

 

     (iii) Drinking water distribution certification level 1, 2, 3,

 

or 4 examination system classes S-1, S-2, S-3, or S-4 as described

 

under R 325.11902 of the Michigan administrative code,

 

Administrative Code, $70.00.

 

     (iv) Drinking water complete treatment certification level 5

 

examination system class F-5 as described under subrule (1) of R

 

325.11901 of the Michigan administrative code, Administrative Code,

 

$45.00.

 

     (v) Drinking water limited treatment certification level 5

 

examination system class D-5 as described under subrule (2) of R

 

325.11901 of the Michigan administrative code, Administrative Code,

 

$45.00.

 

     (vi) Drinking water distribution certification level 5

 

examination system class S-5 as described under R 325.11902 of the

 

Michigan administrative code, Administrative Code, $45.00.

 

     (d) For certification renewals under subsection (1), the

 

following fees apply:

     (i) Storm water industrial certification A-1i as described

 

under subrule (2) of R 323.1253 of the Michigan administrative

 

code, Administrative Code, $95.00.

 

     (ii) Storm water construction certification A-1j as described

 

under subrule (2) of R 323.1253 of the Michigan administrative

 

code, Administrative Code, $95.00.

 

     (iii) All other industrial wastewater certification levels 1,

 

2, or 3 as described under subrule (2) of R 323.1253 of the

 

Michigan administrative code Administrative Code and issued on a

 

single certificate, $95.00.

 

     (e) For certification renewals under section 4104 for all

 

municipal wastewater certification levels as described under R

 

299.2911 of the Michigan administrative code Administrative Code

 

and issued on a single certificate, $95.00.

 

     (f) For certification renewals under section 9 of the safe

 

drinking water act, 1976 PA 399, MCL 325.1009, for all drinking

 

water certification levels as described under R 325.11901 or R

 

325.11902 of the Michigan Administrative Code and issued on a

 

single certificate, $95.00.

 

     (4) The failure to pay a required certification examination

 

fee within 90 days after taking an examination shall constitute is

 

considered failure of the examination. The department shall not

 

allow an individual to take a future examination within the failed

 

examination program unless he or she pays the prior fee in full.

 

     (5) The department shall conduct a program for persons or

 

organizations seeking to offer approved continuing education

 

courses to be used by certified operators and supervisors when

renewing their certifications under subsection (1), section 4104,

 

and section 9 of the safe drinking water act, 1976 PA 399, MCL

 

325.1009. The department may charge continuing education providers

 

a course application fee and course renewal fee in accordance with

 

as provided in the following fee schedule:

 

     (a) An application for approval of a training course, $75.00

 

for each course.

 

     (b) An application for renewal of an approved training course,

 

$50.00 for each course.

 

     (6) All fees collected under this section shall be deposited

 

in the operator training and certification fund established in

 

section 3134.

 

     (7) A person certified as required by subsection (1) shall

 

file monthly, or at such longer intervals as the department may

 

designate, on forms provided by the department, reports showing the

 

effectiveness of the treatment or control facility operation and

 

the quantity and quality of discharged liquid wastes. A If a person

 

who knowingly makes a false statement in a report, may have the

 

department may revoke his or her certificate as an approved

 

treatment facility operator. revoked.

 

     (8) This section does not apply to water, gas, or other

 

material that is injected into a well to facilitate production of

 

oil or gas or to water derived in association with oil or gas

 

production and disposed of in a well, if the well is used either to

 

facilitate production or for disposal purposes and is under permit

 

by the state supervisor of wells.

 

     Sec. 4104. (1) The department may promulgate and enforce rules

as the department considers necessary governing and providing a

 

method of conducting and operating all or a part of sewerage

 

systems including sewage treatment works. The department shall

 

classify sewage treatment works with regard to size, type,

 

location, and other physical conditions affecting those works and

 

according to the skill, knowledge, experience, and character that

 

the person who is in charge of the active operation of the sewage

 

treatment works has to must possess in order to successfully

 

operate the works, and to prevent the discharge of deleterious

 

matter capable of being injurious to the public health of the

 

people, or to or other public interests. The department shall

 

examine or provide for the examination of persons as to their

 

qualifications to operate sewage treatment works. The department

 

shall promulgate rules regarding the classification of sewage

 

treatment works, the examinations for certification of operators

 

for those works, and the issuance and revocation of certificates,

 

and shall issue and revoke certificates in accordance with as

 

provided in those rules. Every sewage treatment works subject to

 

this part shall be under the supervision of a properly certified

 

operator, except that this section does not require the employment

 

of a certified operator in a waste treatment works that receives

 

only wastes that are not potentially prejudicial to the public

 

health.

 

     (2) In accordance with As provided in section 3110, the

 

department may conduct a program for training persons seeking to be

 

certified as operators under subsection (1) and shall administer

 

operator certification programs for persons seeking to be certified

as operators under subsection (1). Until October 1, 2017, 2021, the

 

department may charge fees for these programs in accordance with as

 

provided in section 3110. The department shall transmit fees

 

collected under this section to the state treasurer for deposit

 

into the operator training and certification fund created in

 

section 3134.

 

     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, 2017, 2021, a person required to

 

prepare a manifest shall submit to the department a manifest

 

processing user charge of $8.00 per manifest and his or her tax

 

identification number. Money collected under this subsection shall

 

be forwarded to the state treasurer for deposit into the

 

environmental pollution prevention fund created in section 11130.

 

     (2) Manifest processing user charges under subsection (1)

 

shall be paid using a form provided by the department. The

 

department shall send a form to each person subject to the manifest

 

processing user charge by March 30 of each year. The form shall

 

specify the number of manifests prepared by that person and

 

processed by the department during the previous 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

 

fifteenth day of the month after the due date shall be considered

 

are 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.

 

     (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 submit to the legislature a report summarizing its findings

 

under this subsection.

 

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

specified by the department and shall at least include a sufficient

 

qualitative and quantitative analysis and a physical description of

 

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

 

hazardous waste transported within that month.

 

     (8) A generator shall certify that the information contained

 

on a manifest prepared by the generator is accurate.

 

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

 

identified on the manifest shall be a designated facility.

 

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

 

with the handwritten signature of the owner or operator of the

 

designated facility within 35 days 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 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.

 

     (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 are 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 Environmental Protection Agency or the

 

department. Until October 1, 2017, 2021, 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, 2017, 2021, 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 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 11125 shall pay to the department an annual handler user

 

charge of $2,000.00.

 

     (c) A used oil processor or rerefiner, a used oil burner, or a

 

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) 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) Handler user charges shall be paid 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 March 30 of each year. A handler shall return the

 

completed forms and the appropriate payment to the department by

 

April 30 of each year.

 

     (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 fifteenth of the month

 

after the due date shall be considered are 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, if the amount owed under subdivision (a) is not

 

paid in full, 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 and the handler user

 

charges collected 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.

 

     (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 hazardous waste management program

 

administered under this part. Not later than April 1 of each even-

 

numbered year, the department shall submit to the legislature a

 

report summarizing the department's findings under this subsection.

 

     (9) As used in this section:

 

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

 

user charge.

 

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

 

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

 

     Sec. 12109. (1) A liquid industrial by-product transporter

 

shall provide the generator confirmation of acceptance of by-

 

product for transportation and shall deliver the liquid industrial

 

by-product only to the designated facility specified by the

 

generator.

 

     (2) The liquid industrial by-product transporter shall retain

 

all records required under 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. Records required under this part may be retained in

 

electronic format.

 

     (3) The department may authorize, for certain liquid

 

industrial by-product streams, the use of a consolidated shipping

 

document as authorized under section 12103(1)(d). If a consolidated

 

shipping document 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, the driver's signature,

 

the date of pickup, the type and quantity of by-product removed,

 

the consolidated shipping document number, and the designated

 

facility.

 

     (4) A transporter shall obtain a site identification number

 

assigned by the United States Environmental Protection Agency or

 

the department. Until October 1, 2017, 2021, 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. Money collected under this subsection shall be

 

forwarded to the state treasurer for deposit into the environmental

 

pollution prevention fund created in section 11130.

 

     Sec. 12112. (1) The owner or operator of a facility that

 

accepts liquid industrial by-product shall accept delivery of by-

 

product at the designated facility only if the facility is the

destination indicated on the shipping document. The facility owner

 

or operator shall do all of the following:

 

     (a) Obtain a site identification number assigned by the United

 

States Environmental Protection Agency or the department. Until

 

October 1, 2017, 2021, 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.

 

     (b) Provide the generator or the generator's authorized

 

representative confirmation of the receipt of the liquid industrial

 

by-product.

 

     (c) Maintain records of the characterization of the liquid

 

industrial by-product. Characterization shall be in accordance with

 

the requirements of this act.

 

     (2) All storage, treatment, and reclamation of liquid

 

industrial by-product at the designated facility shall be in either

 

containers or tanks or as otherwise specified in section 12113(5).

 

Storage, treatment, or reclamation regulated under part 615 or the

 

rules, orders, or instructions promulgated under that part, or

 

regulated under part C of title XIV of the public health service

 

act, 42 USC 300h to 300h-8, or the regulations promulgated under

 

that part are exempt from this subsection.

     (3) The owner or operator of a designated facility shall not

 

store liquid industrial by-product for longer than 1 year unless

 

the by-product is being stored for purposes of reclamation and not

 

less than 75% of the cumulative amount, by weight or volume, of

 

each type of by-product that is stored on site each calendar year

 

is reclaimed or transferred to a different site for reclamation

 

during that calendar year. The owner or operator of a designated

 

facility shall maintain documentation that demonstrates compliance

 

with this subsection.

 

     (4) The owner or operator of a designated facility shall do

 

all of the following:

 

     (a) 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 subdivision is

 

automatically extended during the course of any unresolved

 

enforcement action regarding the regulated activity or as required

 

by the department. Records required under this part may be retained

 

in electronic format.

 

     (b) Maintain a plan designed to respond to and minimize

 

hazards to human health and the environment from unplanned releases

 

of liquid industrial by-product to air, soil, and surface water.

 

     (c) Document that all employees who have a responsibility to

 

manage liquid industrial by-product are trained in the proper

 

handling and emergency procedures appropriate for their job duties.

 

     (5) Except as provided in subsection (6), a designated

 

facility shall submit to the department by April 30 each year a

report describing its activities for the previous calendar year.

 

The department shall provide for a method of electronic reporting.

 

The report, at a minimum, shall include the following information:

 

     (a) The name and address of the facility.

 

     (b) The calendar year covered by the report.

 

     (c) The types and quantities of liquid industrial by-product

 

accepted and a description of the manner in which the liquid

 

industrial by-product was processed or managed.

 

     (6) A designated facility is not subject to the reporting

 

requirements of subsection (5) for a calendar year if, during that

 

calendar year, the designated facility received liquid industrial

 

by-products only from 1 generator and was owned, operated, or

 

legally controlled by that generator.