Bill Text: MI HB4540 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Environmental protection; funding; sunsets on fees for wastewater and drinking water certifications and waste program facility and user charges; extend. Amends secs. 3110, 4104, 11135, 11153, 12109 & 12112 of 1994 PA 451 (MCL 324.3110 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-08-16 - Assigned Pa 90'17 With Immediate Effect [HB4540 Detail]
Download: Michigan-2017-HB4540-Engrossed.html
HB-4540, As Passed Senate, June 22, 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.
