Bill Text: MI SB0449 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Environmental protection; solid waste; tipping fees for landfills; increase and extend sunset. Amends sec. 11525a of 1994 PA 451 (MCL 324.11525a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-09-27 - Assigned Pa 0149'11 With Immediate Effect [SB0449 Detail]
Download: Michigan-2011-SB0449-Chaptered.html
Act No. 149
Public Acts of 2011
Approved by the Governor
September 20, 2011
Filed with the Secretary of State
September 21, 2011
EFFECTIVE DATE: September 21, 2011
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Senator Kahn
ENROLLED SENATE BILL No. 449
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 11525a (MCL 324.11525a), as amended by 2007 PA 75.
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 October 1, 2011 through September 30, 2013.
(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).
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
