SENATE BILL NO. 938

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 62506a (MCL 324.62506a), as added by 1996 PA 168.

the people of the state of michigan enact:

Sec. 62506a. (1) As used in this section:

(a) "Hazardous waste", "storage facility", and "treatment facility" have the meanings ascribed to these terms in part 111.

(b) "Multisource commercial hazardous waste disposal well" means a disposal well that receives hazardous waste that is generated by more than 1 person. Multisource commercial hazardous waste disposal well does not include a disposal well that receives hazardous waste generated from a subsidiary of the person that owns or operates a hazardous waste disposal well.

(c) "Person" includes a governmental entity.

(d) "Class I commercial hazardous waste disposal well" means a multisource commercial hazardous waste disposal well that meets both of the following requirements:

(i) Is a class I well as described in 40 CFR 146.5.

(ii) Was in operation at any time during the state fiscal year ending September 30, 2024.

(2) Prior to the drilling of a multisource commercial hazardous waste disposal well or the conversion of a well to a multisource commercial hazardous waste disposal well, a person shall have obtained a construction permit for an on-site treatment facility and storage facility under section 11118.

(3) Nothing in the amendatory act that added this section This subsection shall not be construed to abrogate common law.

(3) Except as otherwise provided in this section, the owner or operator of a class I commercial hazardous waste disposal well shall pay to the department a fee assessed on all waste disposed of in the well. The fee shall be based on the quantity of waste specified on the manifest or monthly operating report and, subject to subsection (4), shall be $100.00 per ton or 0.417 cents per gallon, depending on the unit of measure used by the owner or operator to calculate the fee. The fee for fractional quantities of waste shall be proportional. If the waste is required to be listed on a manifest and the owner or operator of the well determines that the waste quantity on the manifest is not accurate, the owner or operator shall correct the waste quantity on all manifest copies accompanying the shipment, note the reason for the change in the discrepancy indication space on the manifest, and assess the fee in accordance with the corrected waste quantity. The fee shall be paid within 30 days after the close of each quarter of the calendar year. The class I commercial hazardous waste disposal well owner or operator shall assess the fee against off-site generators. The fee for waste that is generated and disposed of on the site of a class I commercial hazardous waste disposal well owner or operator shall be paid by that owner or operator.

(4) At the end of each calendar year, the state treasurer shall adjust the fees in subsection (3) by an amount determined by the state treasurer to reflect the cumulative percentage change in the Consumer Price Index from January 1 immediately preceding the effective date of the amendatory act that added this section to the latest available Consumer Price Index. The state treasurer shall round a fee expressed in tons or cubic yards to the nearest dollar and a fee measured in gallons or pounds to the nearest cent. As used in this subsection, "Consumer Price Index" means the most comprehensive index of consumer prices available for the Detroit area from the Bureau of Labor Statistics of the United States Department of Labor or a successor agency.

(5) The following waste is exempt from the fee provided for in this section:

(a) Waste exempted by rule because of its character or the treatment it has received.

(b) Waste that is removed as part of a site cleanup activity at the expense of this state or the federal government.

(c) Waste generated pursuant to a 1-time closure or site cleanup activity in this state if the closure or cleanup activity has been authorized in writing by the department. Waste resulting from the cleanup of inadvertent releases that occur after March 30, 1988 is not exempt from the fees.

(6) An owner or operator of a class I commercial hazardous waste disposal well shall assess or pay the fee described in this section unless the generator provides a signed written certification indicating that the waste is exempt from the fee. If the waste that is exempt from the fee is required to be listed on a manifest, the certification shall contain the manifest number of the shipment and the specific fee exemption for which the waste qualifies. If the waste that is exempt from the fee is not required to be listed on a manifest, the certification shall provide the quantity of exempt waste, the waste code or waste codes of the exempt waste, the date of disposal, and the specific fee exemption for which the waste qualifies. The owner or operator of the class I commercial hazardous waste disposal well shall retain this certification for 4 years after the date of receipt.

(7) The department or a health department certified pursuant to section 11145 shall evaluate the accuracy of generator fee exemption certifications and shall take enforcement action against a generator who files a false certification. In addition, the department shall take enforcement action to collect fees that are not paid as required by this section.

(8) The owner or operator of a class I commercial hazardous waste disposal well shall forward to the department the fee revenue due under this section with a completed form that is provided or approved by the department. The owner or operator shall certify that all information provided in the form is accurate. The form shall include the following information:

(a) The quantity of waste subject to a fee.

(b) The name of each generator who was assessed a fee, the generator's identification number, manifest numbers, waste quantities, and the amount of the fee assessed.

(9) The department shall maintain information regarding the fees collected under this section.

(10) The fees collected under this section shall be forwarded to the state treasurer. The state treasurer shall deposit the fees in the disposal well host community fund created in subsection (11).

(11) The disposal well host community fund is created in the state treasury. The state treasurer shall deposit into the fund money and other assets received under subsection (10) or from any other lawful source. The state treasurer shall direct the investment of money in the fund and credit interest and earnings from the investments to the fund. The department is the administrator of the fund for audits of the fund.

(12) The department shall expend money from the disposal well host community fund, on appropriation, only for the costs of administering the fund and annual grants to cities, villages, and townships where class I commercial hazardous waste disposal wells are located. The amount of each grant shall be a percentage of the fiscal-year-end fund balance, after deducting costs of administering the fund, equal to the percentage of fee revenue collected under this section during that fiscal year from owners or operators of class I commercial hazardous waste disposal wells located in the grantee's jurisdiction. Grants shall be awarded within 60 days after the end of each state fiscal year and used to promote the public health, safety, or welfare in the grantee's jurisdiction.