Bill Text: MI HB4665 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Environmental protection; solid waste; solid waste surcharge program; extend sunset. Amends sec. 11525a of 1994 PA 451 (MCL 324.11525a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-07-03 - Assigned Pa 72'13 With Immediate Effect [HB4665 Detail]
Download: Michigan-2013-HB4665-Engrossed.html
HB-4665, As Passed House, June 5, 2013
HOUSE BILL No. 4665
May 2, 2013, Introduced by Rep. Kowall and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 11525a (MCL 324.11525a), as amended by 2011 PA
149.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11525a. (1) The owner or operator of a landfill shall pay
a surcharge as follows:
(a)
Except as provided in subdivision (b), the following
surcharge:
(i) 7 cents for each cubic yard or portion of a cubic
yard of
solid
waste or municipal solid waste incinerator ash that is
disposed
of in the landfill before October 1, 2011.
(ii) 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 from before
October 1, 2011 through
September
30, 2013.2015.
(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 in section 11525(3).
