SB-0422, As Passed Senate, June 16, 2011

SUBSTITUTE FOR

SENATE BILL NO. 422

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 3104, 3118, 3120, 3122, 3306, 11135, 11153,

12103, 12109, 12112, 30104, 30109, 32312, 32513, 80130, 80315,

81114, and 82156 (MCL 324.3104, 324.3118, 324.3120, 324.3122,

324.3306, 324.11135, 324.11153, 324.12103, 324.12109, 324.12112,

324.30104, 324.30109, 324.32312, 324.32513, 324.80130, 324.80315,

324.81114, and 324.82156), sections 3104, 3306, 30109, and 32312 as

amended by 2008 PA 276, sections 3118 and 3120 as amended by 2009

PA 102, sections 3122 and 12109 as amended by 2007 PA 75, section

11135 as amended by 2008 PA 403, section 11153 as amended by 2010

PA 357, sections 12103 and 12112 as amended by 2008 PA 8, section

30104 as amended by 2009 PA 139, section 32513 as amended by 2009

PA 120, and sections 80130, 80315, 81114, and 82156 as amended by

2009 PA 100.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3104. (1) The department is designated the state agency

to cooperate and negotiate with other governments, governmental

units, and governmental agencies in matters concerning the water

resources of the state, including, but not limited to, flood

control, beach erosion control, water quality control planning,

development, and management, and the control of aquatic nuisance

species. The department shall have control over the alterations of

natural or present watercourses of all rivers and streams in the

state to assure that the channels and the portions of the

floodplains that are the floodways are not inhabited and are kept

free and clear of interference or obstruction that will cause any

undue restriction of the capacity of the floodway. The department

may take steps as may be necessary to take advantage of any act of

congress that may be of assistance in carrying out the purposes of

this part, including the water resources planning act, 42 USC 1962

to 1962d-3, and the federal water pollution control act, 33 USC

1251 to 1387.

(2) To address discharges of aquatic nuisance species from

oceangoing vessels that damage water quality, aquatic habitat, or

fish or wildlife, the department shall facilitate the formation of

a Great Lakes aquatic nuisance species coalition. The Great Lakes

aquatic nuisance species coalition shall be formed through an

agreement entered into with other states in the Great Lakes basin

to implement on a basin-wide basis water pollution laws that

prohibit the discharge of aquatic nuisance species into the Great

Lakes from oceangoing vessels. The department shall seek to enter

into an agreement that will become effective not later than January

1, 2007. The department shall consult with the department of

natural resources prior to entering into this agreement. Upon

entering into the agreement, the department shall notify the

Canadian Great Lakes provinces of the terms of the agreement. The

department shall seek funding from the Great Lakes protection fund

authorized under part 331 to implement the Great Lakes aquatic

nuisance species coalition.

(3) The department shall report to the governor and to the

legislature at least annually on any plans or projects being

implemented or considered for implementation. The report shall

include requests for any legislation needed to implement any

proposed projects or agreements made necessary as a result of a

plan or project, together with any requests for appropriations. The

department may make recommendations to the governor on the

designation of areawide water quality planning regions and

organizations relative to the governor's responsibilities under the

federal water pollution control act, 33 USC 1251 to 1387.

(4) A person shall not alter a floodplain except as authorized

by a floodplain permit issued by the department pursuant to part

13. An application for a permit shall include information that may

be required by the department to assess the proposed alteration's

impact on the floodplain. If an alteration includes activities at

multiple locations in a floodplain, 1 application may be filed for

combined activities.

(5) Except as provided in subsections (6), (7), and (9), until

October 1, ~~2011,~~ 2015, an application for a floodplain permit shall

be accompanied by a fee of $500.00. Until October 1, ~~2011,~~ 2015, if

the department determines that engineering computations are

required to assess the impact of a proposed floodplain alteration

on flood stage or discharge characteristics, the department shall

assess the applicant an additional $1,500.00 to cover the

department's cost of review.

(6) Until October 1, ~~2011,~~ 2015, an application for a

floodplain permit for a minor project category shall be accompanied

by a fee of $100.00. Minor project categories shall be established

by rule and shall include activities and projects that are similar

in nature and have minimal potential for causing harmful

interference.

(7) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit for that work

if the application is accompanied by a fee equal to 2 times the

permit fee required under subsection (5) or (6).

(8) The department shall forward fees collected under this

section to the state treasurer for deposit in the land and water

management permit fee fund created in section 30113.

(9) A project that requires review and approval under this

part and 1 or more of the following is subject to only the single

highest permit fee required under this part or the following:

(a) Part 301.

(b) Part 303.

(d) Part 325.

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

Sec. 3118. (1) Except as otherwise provided in this section,

until October 1, ~~2011,~~ 2015, the department shall collect storm

water discharge fees from persons who apply for or have been issued

storm water discharge permits as follows:

(a) A 1-time fee of $400.00 is required for a permit related

solely to a site of construction activity for each permitted site.

The fee shall be submitted by the permit applicant with his or her

application for an individual permit or for a certificate of

coverage under a general permit. For a permit by rule, the fee

shall be submitted by the construction site permittee along with

his or her notice of coverage. A person needing more than 1 permit

may submit a single payment for more than 1 permit and receive

appropriate credit. Payment of the fee under this subdivision or

verification of prepayment is a necessary part of a valid permit

application or notice of coverage under a permit by rule.

(b) An annual fee of $260.00 is required for a permit related

solely to a storm water discharge associated with industrial

activity or from a commercial site for which the department

determines a permit is needed.

municipal separate storm sewer system, unless the permit is issued

to a city, a village, a township, or a county or is a single permit

authorization for municipal separate storm sewer systems in

multiple locations statewide.

(d) An annual fee for a permit for a municipal separate storm

sewer system issued to a city, village, or township shall be

determined by its population in an urbanized area as defined by the

United States bureau of the census. The fee shall be based on the

latest available decennial census as follows:

(i) For a population of 1,000 people or fewer, the annual fee

is $500.00.

(ii) For a population of more than 1,000 people, but fewer than

3,001 people, the annual fee is $1,000.00.

(iii) For a population of more than 3,000 people, but fewer than

10,001 people, the annual fee is $2,000.00.

(iv) For a population of more than 10,000 people, but fewer

than 30,001 people, the annual fee is $3,000.00.

(v) For a population of more than 30,000 people, but fewer

than 50,001 people, the annual fee is $4,000.00.

(vi) For a population of more than 50,000 people, but fewer

than 75,001 people, the annual fee is $5,000.00.

(vii) For a population of more than 75,000 people, but fewer

than 100,001 people, the annual fee is $6,000.00.

(viii) For a population of more than 100,000 people, the annual

fee is $7,000.00.

(e) An annual fee of $3,000.00 is required for a permit for a

municipal separate storm sewer system issued to a county.

(f) An annual fee for a single municipal separate storm sewer

systems permit authorizing a state or federal agency to operate

municipal separate storm sewer systems in multiple locations

statewide shall be determined in accordance with a memorandum of

understanding between that state or federal agency and the

department and shall be based on the projected needs by the

department to administer the permit.

(2) A storm water discharge permit is not required for a

municipality that does not own or operate a separate storm sewer

system. The department shall not collect storm water discharge fees

under this section from a municipality that does not own or operate

a separate storm sewer system.

(3) Permit fees required under this section are nonrefundable.

(4) A person possessing a permit not related solely to a site

of construction activity as of January 1 shall be assessed a fee.

The department shall notify those persons of their fee assessments

by February 1. Payment shall be postmarked no later than March 15.

Failure by the department to send a fee assessment notification by

the deadline, or failure of a person to receive a fee assessment

notification, does not relieve that person of his or her obligation

to pay the fee. If the department does not meet the February

deadline for sending the fee assessment, the fee assessment is due

not later than 45 days after the permittee receives a fee

notification.

(5) If a storm water permit is issued for a drainage district,

the drainage district is responsible for the applicable fee under

this section.

(6) The department shall assess interest on all fee payments

submitted under this section after the due date. The permittee

shall pay an additional amount equal to 0.75% of the payment due

for each month or portion of a month the payment remains past due.

(7) The department shall forward all fees and interest

payments collected under this section to the state treasurer for

deposit into the fund.

(8) The department shall make payment of the required fee

assessed under this section a condition of issuance or reissuance

of a permit not related solely to a site of construction activity.

(9) In addition to any other penalty provided in this part, if

a person fails to pay the fee required under this section by its

due date, the person is in violation of this part and the

department may undertake enforcement actions as authorized under

this part.

(10) The attorney general may bring an action to collect

overdue fees and interest payments imposed under this section.

(11) If the permit is for a municipal separate storm sewer

system and the population served by that system is different than

the latest decennial census, the permittee may appeal the annual

fee determination and submit written verification of actual

population served by the municipal separate storm sewer system.

(12) A person who wishes to appeal either a fee or a penalty

assessed under this section is limited to an administrative appeal,

in accordance with section 631 of the revised judicature act of

1961, 1961 PA 236, MCL 600.631. The appeal shall be filed within 30

days of the department's fee notification under subsection (4).

(13) As used in this section and section 3119:

(a) "Certificate of coverage" means a document issued by the

department that authorizes a discharge under a general permit.

(b) "Clean water act" means the federal water pollution

control act, 33 USC 1251 to 1387.

disturbance in the existing cover or topography of land that is 5

acres or more in size, for which a national permit is required

pursuant to 40 CFR 122.26(a), and which is described as a

construction activity in 40 CFR 122.26(b)(14)(x). Construction

activity includes clearing, grading, and excavating activities.

Construction activity does not include the practice of clearing,

plowing, tilling soil, and harvesting for the purpose of crop

production.

(d) "Fee" means a storm water discharge fee authorized under

this section.

(e) "Fund" means the storm water fund created in section 3119.

(f) "General permit" means a permit issued authorizing a

category of similar discharges.

(g) "Individual permit" means a site-specific permit.

(h) "Municipal separate storm sewer system" means all separate

storm sewers that are owned or operated by the United States or a

state, city, village, township, county, district, association, or

other public body created by or pursuant to state law, having

jurisdiction over disposal of sewage, industrial wastes, storm

water, or other wastes, including special districts under state

law, such as a sewer district, flood control district, or drainage

district or similar entity, or a designated or approved management

agency under section 208 of the clean water act, 33 USC 1288, that

discharges to waters of the state. Municipal separate storm sewer

system includes systems similar to separate storm sewer systems in

municipalities, such as systems at military bases, large hospital

or prison complexes, and highways and other thoroughfares.

Municipal separate storm sewer system does not include separate

storm sewers in very discrete areas, such as individual buildings.

(i) "Notice of coverage" means a notice that a person engaging

in construction activity agrees to comply with a permit by rule for

that activity.

(j) "Permit" or "storm water discharge permit" means a permit

authorizing the discharge of wastewater or any other substance to

surface waters of the state under the national pollutant discharge

elimination system, pursuant to the clean water act or this part

and the rules and regulations promulgated under that act or this

part.

(k) "Public body" means the United States, the state of

Michigan, a city, village, township, county, school district,

public college or university, or single purpose governmental

agency, or any other body that is created by federal or state

statute or law.

(l) "Separate storm sewer system" means a system of drainage,

including, but not limited to, roads, catch basins, curbs, gutters,

parking lots, ditches, conduits, pumping devices, or man-made

channels, that has the following characteristics:

(i) The system is not a combined sewer where storm water mixes

with sanitary wastes.

(ii) The system is not part of a publicly owned treatment

works.

(m) "Storm water" means storm water runoff, snowmelt runoff,

and surface runoff and drainage.

(n) "Storm water discharge associated with industrial

activity" means a point source discharge of storm water from a

facility that is defined as an industrial activity under 40 CFR

~~122.26(b)(14)(i-ix and xi).~~122.26(b)(14)(i) to (ix) and (xi).

Sec. 3120. (1) Until October 1, ~~2011~~ 2015, an application for

a new permit, a reissuance of a permit, or a modification of an

existing permit under this part authorizing a discharge into

surface water, other than a storm water discharge, shall be

accompanied by an application fee as follows:

(a) For an EPA major facility permit, $750.00.

(b) For an EPA minor facility individual permit, a CSO permit,

or a wastewater stabilization lagoon individual permit, $400.00.

(2) Within 180 days after receipt of a complete application

for a new or increased use permit, the department shall either

grant or deny the permit, unless the applicant and the department

agree to extend this time period.

(3) By September 30 of the year following the submittal of a

complete application for reissuance of a permit, the department

shall either grant or deny the permit, unless the applicant and the

department agree to extend this time period.

(4) If the department fails to make a decision on an

application within the applicable time period under subsection (2)

or (3), the department shall return to the applicant the

application fee submitted under subsection (1) and the applicant

shall not be subject to an application fee and shall receive a 15%

annual discount on an annual permit fee required for a permit

issued based upon that application.

(5) Until October 1, ~~2011~~ 2015, a person who receives a permit

under this part authorizing a discharge into surface water, other

than a stormwater discharge, is subject to an annual permit fee as

follows:

(a) For an industrial or commercial facility that is an EPA

major facility, $8,700.00.

(b) For an industrial or commercial facility that is an EPA

minor facility, the following amounts:

(i) For a general permit for a low-flow facility, $150.00.

(ii) For a general permit for a high-flow facility, $400.00.

(iii) For an individual permit for a low-flow facility,

$1,650.00.

(iv) For an individual permit for a high-flow facility,

$3,650.00.

the following amounts:

(i) For an individual permit for a facility discharging 500 MGD

or more, $213,000.00.

(ii) For an individual permit for a facility discharging 50 MGD

or more but less than 500 MGD, $20,000.00.

(iii) For an individual permit for a facility discharging 10 MGD

or more but less than 50 MGD, $13,000.00.

(iv) For an individual permit for a facility discharging less

than 10 MGD, $5,500.00.

(d) For a municipal facility that is an EPA minor facility,

the following amounts:

(i) For an individual permit for a facility discharging 10 MGD

or more, $3,775.00.

(ii) For an individual permit for a facility discharging 1 MGD

or more but less than 10 MGD, $3,000.00.

(iii) For an individual permit for a facility discharging less

than 1 MGD, $1,950.00.

(iv) For a general permit for a high-flow facility, $600.00.

(v) For a general permit for a low-flow facility, $400.00.

(e) For a municipal facility that is a CSO facility,

$6,000.00.

(f) For an individual permit for a wastewater stabilization

lagoon, $1,525.00.

(g) For an individual or general permit for an agricultural

purpose, $600.00, unless either of the following applies:

(i) The facility is an EPA minor facility and would qualify for

a general permit for a low-flow facility, in which case the fee is

$150.00.

(ii) The facility is an EPA major facility that is not a

farmers' cooperative corporation, in which case the fee is

$8,700.00.

(h) For a facility that holds a permit issued under this part

but has no discharge and ~~the facility~~ is connected to and is

authorized to discharge only to a municipal wastewater treatment

system, an annual permit maintenance fee of $100.00. However, if a

facility does have a discharge or at some point is no longer

connected to a municipal wastewater treatment system, the annual

permit fee shall be the appropriate fee as otherwise provided in

this subsection.

(6) If the person required to pay an application fee under

subsection (1) or an annual permit fee under subsection (5) is a

municipality, the municipality may pass on the application fee or

the annual permit fee, or both, to each user of the municipal

facility.

(7) The department shall send invoices for annual permit fees

under subsection (5) to all permit holders by December 1 of each

year. The fee shall be based on the status of the facility as of

October 1 of that year. A person subject to an annual permit fee

shall pay the fee not later than January 15 of each year. Failure

by the department to send an invoice by the deadline, or failure of

a person to receive an invoice, does not relieve that person of his

or her obligation to pay the annual permit fee. If the department

does not meet the December 1 deadline for sending invoices, the

annual permit fee is due not later than 45 days after receiving an

invoice. The department shall forward annual permit fees received

under this section to the state treasurer for deposit into the

national pollutant discharge elimination system fund created in

section 3121.

(8) The department shall assess a penalty on all annual permit

fee payments submitted under this section after the due date. The

penalty shall be an amount equal to 0.75% of the payment due for

each month or portion of a month the payment remains past due.

(9) Following payment of an annual permit fee, if a permittee

wishes to challenge its annual permit fee under this section, the

owner or operator shall submit the challenge in writing to the

department. The department shall not process the challenge unless

it is received by the department by March 1 of the year the payment

is due. A challenge shall identify the facility and state the

grounds upon which the challenge is based. Within 30 calendar days

after receipt of the challenge, the department shall determine the

validity of the challenge and provide the permittee with

notification of a revised annual permit fee and a refund, if

appropriate, or a statement setting forth the reason or reasons why

the annual permit fee was not revised. If the owner or operator of

a facility desires to further challenge its annual permit fee, the

owner or operator of the facility has an opportunity for a

contested case hearing as provided for under the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(10) The attorney general may bring an action for the

collection of the annual permit fee imposed under this section.

(11) As used in this section:

(a) "Agricultural purpose" means the agricultural production

or processing of those plants and animals useful to human beings

produced by agriculture and includes, but is not limited to,

forages and sod crops, grains and feed crops, field crops, dairy

animals and dairy products, poultry and poultry products, cervidae,

livestock, including breeding and grazing, equine, fish and other

aquacultural products, bees and bee products, berries, herbs,

fruits, vegetables, flowers, seeds, grasses, nursery stock, trees

and tree products, mushrooms, and other similar products, or any

other product, as determined by the commission of agriculture and

rural development, that incorporates the use of food, feed, fiber,

or fur. Agricultural purpose includes an operation or facility that

produces wine.

(b) "Combined sewer overflow" means a discharge from a

combined sewer system that occurs when the flow capacity of the

combined sewer system is exceeded at a point prior to the headworks

of a publicly owned treatment works during wet weather conditions.

convey both storm water runoff and sanitary sewage, and that

contains lawfully installed regulators and control devices that

allow for delivery of sanitary flow to treatment during dry weather

periods and divert storm water and sanitary sewage to surface

waters during storm flow periods.

(d) "CSO facility" means a facility whose discharge is solely

a combined sewer overflow.

(e) "EPA major facility" means a facility that is designated

by the United States environmental protection agency as being a

major facility under 40 CFR 122.2.

(f) "EPA minor facility" means a facility that is not an EPA

major facility.

(g) "Farmers' cooperative corporation" means a farmers'

cooperative corporation organized within the limitations of section

98 of 1931 PA 327, MCL 450.98.

(h) "General permit" means a permit suitable for use at

facilities meeting eligibility criteria as specified in the permit.

With a general permit, the discharge from a specific facility is

acknowledged through a certificate of coverage issued to the

facility.

(i) "High-flow facility" means a facility that discharges 1

MGD or more.

(j) "Individual permit" means a permit developed for a

particular facility, taking into account that facility's specific

characteristics.

(k) "Industrial or commercial facility" means a facility that

is not a municipal facility.

(l) "Low-flow facility" means a facility that discharges less

than 1 MGD.

(m) "MGD" means 1,000,000 gallons per day.

(n) "Municipal facility" means a facility that is designed to

collect or treat sanitary wastewater, and is either publicly or

privately owned, and serves a residential area or a group of

municipalities.

(o) "Wastewater stabilization lagoon" means a type of

treatment system constructed of ponds or basins designed to

receive, hold, and treat sanitary wastewater for a predetermined

amount of time through a combination of physical, biological, and

chemical processes.

Sec. 3122. (1) Until October 1, ~~2011~~ 2015, the department may

levy and collect an annual groundwater discharge permit fee from

facilities that discharge wastewater to the ground or groundwater

of this state pursuant to section 3112. The fee shall be as

follows:

(a) For a group 1 facility, $3,650.00.

(b) For a group 2 facility or a municipality of 1,000 or fewer

residents, $1,500.00.

(2) Within 180 days after receipt of a complete application

for a permit to discharge wasterwater to the ground or to

groundwater, the department shall either grant or deny a permit,

unless the applicant and the department agree to extend this time

period. If the department fails to make a decision on an

application within the time period specified or agreed to under

this subsection, ~~the~~ an applicant subject to an annual groundwater

discharge permit fee shall receive a 15% annual discount on an the

annual groundwater discharge permit fee. ~~for a permit issued based~~

~~upon that application. This subsection applies to permit~~

~~applications received beginning October 1, 2005.~~

(3) If the person required to pay the annual groundwater

discharge permit fee under subsection (1) is a municipality, the

municipality may pass on the annual groundwater discharge permit

fee to each user of the municipal facility.

(4) As used in this section, "group 1 facility", "group 2

facility", and "group 3 facility" do not include a municipality

with a population of 1,000 or fewer residents.

Sec. 3306. (1) Until October 1, ~~2011~~ 2015, an application for

a certificate of coverage under this part shall be accompanied by a

fee of $75.00. Until October 1, ~~2011~~ 2015, subject to subsection

(2), an application for an individual permit under this part shall

be accompanied by the following fee, based on the size of the area

of impact:

(a) Less than 1/2 acre, $75.00.

(b) One-half acre or more but less than 5 acres, $200.00.

(d) Twenty acres or more but less than 100 acres, $800.00.

(e) One hundred acres or more, $1,500.00.

(2) The department shall forward fees collected under this

section to the state treasurer for deposit in the land and water

management permit fee fund created in section 30113.

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, ~~2011,~~ 2013, a person required to

prepare a manifest shall submit to the department a manifest

processing user charge of $6.00 per manifest and his or her tax

identification number. Each calendar year, the department may

adjust the manifest processing user charge as necessary to ensure

that the total cumulative amount of the user charges assessed

pursuant to this section and sections 11153, 12103, 12109, and

12112 are consistent with the target revenue projection for the

hazardous waste and liquid industrial waste users account as

provided for in section 11130(5). However, the manifest processing

user charge shall not exceed $8.00 per manifest. Money collected

under this subsection shall be forwarded to the state treasurer for

deposit into the environmental pollution prevention fund created in

section 11130 and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

(2) Payment of the manifest processing user charges under

subsection (1) shall be made 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 ~~for the 2009 billing cycle shall specify the number of~~

~~manifests prepared by that person and processed by the department~~

~~during the months of October, November, and December 2007 and~~

~~calendar year 2008. The form for subsequent billing cycles~~ 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 15th of

the month after the due date shall be considered 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 and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

(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 summarize its findings under this subsection in a report and

shall provide that report to the legislature.

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

specified by the department and shall at least include sufficient

qualitative and quantitative analysis and physical description 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 ~~a period of~~

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

transported within that month.

(8) The generator shall certify that the information contained

on the manifest is ~~factual~~ 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 for which the generator

does not have confirmation of delivery.

(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 shall be

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 or the department. Until October 1, ~~2011,~~ 2013,

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, ~~2011,~~ 2013, except as provided in

subsection (9), 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.

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) Payment of the handler user charges shall be made 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 unless the handler

user charges have been suspended as provided for in subsection (9).

A handler shall return the completed forms and the appropriate

payment to the department by April 30 of each year unless the

handler user charges have been suspended as provided for in

subsection (9).

(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 15th of the month after

the due date shall be considered 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

and credited to the hazardous waste and liquid industrial waste

users account created in section 11130(5).

(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 summarize its findings under

this subsection in a report and shall provide that report to the

legislature.

(9) Notwithstanding any other provision in this section, if

the balance of the hazardous waste and liquid industrial waste

users account created in section 11130(5), as of December 31 of any

year, exceeds $3,200,000.00, the department shall suspend the

handler user charges until October of the following year.

(10) As used in this section:

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

user charge.

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

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

Sec. 12103. (1) A generator shall do all of the following:

(a) Characterize the waste in accordance with section 12101(n)

and the requirements of part 111 and rules promulgated under that

part, and maintain records of the characterization.

(b) Obtain and utilize, when needed for transportation, a site

identification number. Until October 1, ~~2011,~~ 2013, 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 and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

generator's own waste, by public roadway, engage, employ, or

contract for the transportation only with a transporter registered

and permitted under the hazardous materials transportation act,

1998 PA 138, MCL 29.471 to 29.480.

(d) Except as otherwise provided in this part, utilize and

retain a separate manifest for each shipment of liquid industrial

waste transported to a designated facility. The department may

authorize the use of a consolidated manifest for ~~waste loads that~~

~~are multiple pickups of uniform types of wastes that constitute~~ a

single shipment of uniform types of waste collected from multiple

waste pickups. If a consolidated manifest is authorized by the

department and utilized by a generator, a receipt shall be obtained

from the transporter documenting the transporter's company name,

driver's signature, date of pickup, type and quantity of waste

accepted from the generator, the consolidated manifest number, and

the designated facility. A generator of brine may complete a single

manifest per transporter of brine, per disposal well, each month.

(e) Submit a copy of the manifest to the department by the

tenth day after the end of the month in which a load of waste is

transported.

(f) ~~Certify that at the time~~ When the transporter picks up

liquid industrial waste, certify that the information contained on

the manifest is factual by signing the manifest. This certification

~~is to~~ shall be by the generator or his or her authorized

representative.

(g) Provide to the transporter the signed copies of the

manifest to accompany the liquid industrial waste to the designated

facility.

(h) If a copy of the manifest, with a handwritten signature of

the owner or operator of the designated facility or his or her

authorized representative, is not received within 35 days after the

date the waste was accepted by the initial transporter, contact the

transporter or owner or operator of the designated facility, or

both, to determine the status of the waste.

(i) Submit an exception report to the department if a copy of

the manifest is not received with the handwritten signature of the

owner or operator of the designated facility or his or her

authorized representative within 45 days after the date the waste

was accepted by the initial transporter. The exception report shall

include both of the following:

(i) A legible copy of the manifest for which the generator does

not have confirmation of delivery.

(ii) A cover letter signed by the generator explaining the

efforts taken to locate the waste and the results of those efforts.

(2) A generator who operates an on-site reclamation facility,

treatment facility, or disposal facility shall keep records of all

liquid waste produced and reclaimed, treated, or disposed of at his

or her facility.

(3) A generator shall 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 subsection is automatically extended during the course of any

unresolved enforcement action regarding the regulated activity or

as otherwise required by the department.

(4) A generator transporting its own waste in quantities of 55

gallons or less is not subject to manifest requirements if all of

the following conditions are met:

(a) The waste is accompanied by a record showing the source

and quantity of the waste and the designated facility ~~where~~ to

which the waste is being transported.

(b) The generator obtains a signature from the designated

facility acknowledging receipt of the waste and provides a copy of

the record of shipment to the designated facility.

part of the generator records.

Sec. 12109. (1) A liquid industrial waste transporter shall

certify acceptance of waste for transportation by completing the

transporter section of the manifest, and shall deliver the liquid

industrial waste and accompanying manifest only to the designated

facility specified by the generator on the manifest.

(2) The liquid industrial waste transporter shall 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 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.

(3) The department may authorize, for certain waste streams,

the use of a consolidated manifest as authorized under section

12103(1)(d). If a consolidated manifest 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, driver's signature, date of pickup, type and quantity of

waste removed, the consolidated manifest number, and the designated

facility.

(4) A transporter shall maintain a trip log for consolidated

manifest shipments and for brine shipments. The transporter shall

do all of the following:

(a) Identify on the trip log the consolidated manifest number,

the generator, date of pickup, type and quantity of waste, and the

designated facility location for each shipment of waste.

(b) Keep a copy of all trip logs available during

transportation, at a minimum, for the current shipment in

transportation and retain these records as specified in subsection

(2).

by the United States environmental protection agency or the

department. Until October 1, ~~2011,~~ 2013, 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 and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

Sec. 12112. (1) Except as provided in section 12103(4), the

owner or operator of a facility that accepts liquid industrial

waste shall accept delivery of waste at the designated facility

only if delivery is accompanied by a manifest or consolidated

manifest properly certified by the generator and the transporter

and the facility is the destination indicated on the manifest. The

facility owner or operator shall do all of the following:

(a) Obtain and utilize a site identification number either

assigned from the United States environmental protection agency or

the department. Until October 1, ~~2011,~~ 2013, 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 and credited to the hazardous waste and liquid

industrial waste users account created in section 11130(5).

(b) Certify on the manifest receipt of the liquid industrial

waste by completing the facility section of the manifest and

returning a signed copy of the manifest to the department within a

period of 10 days after the end of the month for all liquid

industrial waste received within the month.

(d) Maintain records of the characterization of the waste.

Characterization shall be in accordance with the requirements of

part 111.

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

industrial waste 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 waste for longer than 1 year unless the

liquid industrial waste is being stored for purposes of reclamation

and not less than 75% of the cumulative amount, by weight or

volume, of each type of liquid industrial waste 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

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 subsection is automatically

extended during the course of any unresolved enforcement action

regarding the regulated activity or as required by the department.

Sec. 30104. (1) A person shall not undertake a project subject

to this part except as authorized by a permit issued by the

department pursuant to part 13. An application for a permit shall

include any information that may be required by the department. If

a project includes activities at multiple locations, 1 application

may be filed for the combined activities.

(2) Except as provided in subsections (3) and (4), until

October 1, ~~2011~~ 2015, an application for a permit shall be

accompanied by a fee based on an administrative cost in accordance

with the following schedule:

(a) For activities included in a minor project ~~listed in R~~

~~281.816 of the Michigan administrative code~~ category, or a seasonal

drawdown or the associated reflooding, or both, of a dam or

impoundment for the purpose of weed control, a fee of $50.00.

However, for a permit for a seasonal drawdown or associated

reflooding, or both, of a dam or impoundment for the purpose of

weed control that is issued for the first time after October 9,

1995, an initial fee of $500.00 with subsequent permits for the

same purpose being assessed a $50.00 fee.

(b) For authorization under a general permit, a $50.00 fee.

(i) $50.00 for an expansion of 1-10 slips to an existing

permitted marina.

(ii) $100.00 for a new marina with 1-10 proposed marina slips.

(iii) $250.00 for an expansion of 11-50 slips to an existing

permitted marina, plus $10.00 for each slip over 50.

(iv) $500.00 for a new marina with 11-50 proposed marina slips,

plus $10.00 for each slip over 50.

(v) $1,500.00 if an existing permitted marina proposes

maintenance dredging of 10,000 cubic yards or more or the addition

of seawalls, bulkheads, or revetments of 500 feet or more.

(d) For major projects other than a project described in

subdivision (c)(v), involving any of the following, a fee of

$2,000.00:

(i) Dredging of 10,000 cubic yards or more.

(ii) Filling of 10,000 cubic yards or more.

(iii) Seawalls, bulkheads, or revetments of 500 feet or more.

(iv) Filling or draining of 1 acre or more of wetland

contiguous to a lake or stream.

(v) New dredging or upland boat basin excavation in areas of

suspected contamination.

(vi) Shore projections, such as groins and underwater

stabilizers, that extend 150 feet or more into a lake or stream.

(vii) New commercial docks or wharves of 300 feet or more in

length.

(viii) Stream enclosures 100 feet or more in length.

(ix) Stream relocations 500 feet or more in length.

(x) New golf courses.

(xi) Subdivisions.

(xii) Condominiums.

(e) For all other projects not listed in subdivisions (a)

through (d), a fee of $500.00.

(3) A project that requires review and approval under this

part and 1 or more of the following acts or parts of acts is

subject to only the single highest permit fee required under this

part or the following acts or parts of acts:

(a) Part 303.

(b) Part 323.

(d) Section 3104.

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

(4) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to 2 times the permit fee

required under this section.

Sec. 30109. Upon the written request of a riparian owner and

upon payment of a service fee, the department may enter into a

written agreement with a the riparian owner establishing the

location of the ordinary high-water mark for his or her property.

In the absence of substantially changed conditions, the agreement

shall be conclusive proof of the location in all matters between

the state and the riparian owner and his or her successors in

interest. Until October 1, ~~2011~~ 2015, the service fee provided for

in this section shall be $500.00. The department shall forward all

service fees collected under this section to the state treasurer

for deposit into the fund.

Sec. 32312. (1) ~~The department, in order to~~ To regulate the

uses and development of high-risk areas, flood risk areas, and

environmental areas and to implement the purposes of this part, the

department shall promulgate rules. If permits are required under

rules promulgated under this part, the permits shall be issued

pursuant to the rules and part 13. Except as provided under

subsection (2), until October 1, ~~2011,~~ 2015, if permits are

required pursuant to rules promulgated under this part, an

application for a permit shall be accompanied by a fee as follows:

(a) For a commercial or ~~multi-family~~ multifamily residential

project, $500.00.

(b) For a single-family home construction, $100.00.

project that has a minor impact on fish and wildlife resources in

environmental areas as determined by the department, $50.00.

(2) A project that requires review and approval under this

part and under 1 or more of the following is subject to only the

single highest permit fee required under this part or the

following:

(a) Part 301.

(b) Part 303.

(d) Section 3104.

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

(3) The department shall forward fees collected under this

section to the state treasurer for deposit in the land and water

management permit fee fund created in section 30113.

(4) A circuit court, upon petition and a showing by the

department that a rule promulgated under subsection (1) has been

violated, shall issue any necessary order to the defendant to

correct the violation or to restrain the defendant from further

violation of the rule.

Sec. 32513. (1) To obtain a permit for any work or connection

specified in section 32512, a person shall file an application with

the department on a form provided by the department. The

application shall include all of the following:

(a) The name and address of the applicant.

(b) The legal description of the lands included in the

project.

(d) A map or diagram showing the proposal on an adequate scale

with contours and cross-section profiles of ~~the~~ any waterway to be

constructed.

(e) Other information required by the department.

(2) Except as provided in subsections (3) and (4), until

October 1, ~~2011~~ 2015, an application for a permit under this

section shall be accompanied by the following fee, as applicable:

(a) For a project in a category of activities for which a

general permit is issued under section 32512a, a fee of $100.00.

(b) For activities included in ~~the~~ a minor project category as

~~described in rules promulgated under this part~~ and for a permit for

the removal of vegetation in an area that is not more than 100 feet

wide or the width of the property, whichever is less, or the mowing

of vegetation under a general permit, in the area between the

ordinary high-water mark and the water's edge, a fee of $50.00.

(i) $50.00 for an expansion of 1-10 slips to an existing

permitted marina.

(ii) $100.00 for a new marina with 1-10 proposed marina slips.

(iii) $250.00 for an expansion of 11-50 slips to an existing

permitted marina, plus $10.00 for each slip over 50.

(iv) $500.00 for a new marina with 11-50 proposed marina slips,

plus $10.00 for each slip over 50.

(v) $1,500.00 if an existing permitted marina proposes

maintenance dredging of 10,000 cubic yards or more or the addition

of seawalls, bulkheads, or revetments of 500 feet or more.

(d) For major projects other than a project described in

subdivision (c)(v), involving any of the following, a fee of

$2,000.00:

(i) Dredging of 10,000 cubic yards or more.

(ii) Filling of 10,000 cubic yards or more.

(iii) Seawalls, bulkheads, or revetment of 500 feet or more.

(iv) Filling or draining of 1 acre or more of coastal wetland.

(v) New dredging or upland boat basin excavation in areas of

suspected contamination.

(vi) New breakwater or channel jetty.

(vii) Shore protection, such as groins and underwater

stabilizers, that extend 150 feet or more on Great Lakes

bottomlands.

(viii) New commercial dock or wharf of 300 feet or more in

length.

(e) For all other projects not listed in subdivisions (a) to

(d), $500.00.

(3) A project that requires review and approval under this

part and 1 or more of the following is subject to only the single

highest permit fee required under this part or the following:

(a) Part 301.

(b) Part 303.

(d) Section 3104.

(e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

(4) If work has been done in violation of a permit requirement

under this part and restoration is not ordered by the department,

the department may accept an application for a permit if the

application is accompanied by a fee equal to 2 times the permit fee

otherwise required under this section.

(5) The department shall forward all fees collected under this

section to the state treasurer for deposit into the land and water

management permit fee fund created in section 30113.

Sec. 80130. (1) The secretary of state may provide a

commercial lookup service of records maintained under this part.

For each individual record looked up, the secretary of state shall

charge a fee specified annually by the legislature, or if none, a

market-based price established by the secretary of state. The

secretary of state shall process a commercial lookup request only

if the request is in a form or format prescribed by the secretary

of state. Fees collected under this subsection on and after October

1, 2005 shall be credited to the transportation administration

collection fund created in section 810b of the Michigan vehicle

code, 1949 PA 300, MCL 257.810b, through October 1, ~~2011.~~2015.

(2) ~~In order to~~ To provide an individual, historical boating

record, the secretary of state shall create and maintain a

computerized central file that includes the information contained

on application forms received under this part and the name of each

person who is convicted of an offense, who fails to comply with an

order or judgment issued, or against whom an order is entered under

this part. The computerized central file shall be interfaced with

the law enforcement information network as provided in the C.J.I.S.

policy council act, 1974 PA 163, MCL 28.211 to 28.215.

(3) The secretary of state shall not provide an entire

computerized central or other file of records maintained under this

part to a nongovernmental person or entity unless the purchaser

pays the prescribed fee or price for each individual record

contained within the computerized file.

(4) A certified copy of an order, record, or paper maintained

under this part is admissible in evidence in the same manner as the

original and is prima facie proof of the facts stated in the

original.

Sec. 80315. (1) Records maintained under this part, other than

those declared to be confidential by law or that are restricted by

law from disclosure to the public, shall be available to the public

under procedures prescribed in this part , and in the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

(2) The secretary of state may provide a commercial lookup

service of watercraft title records maintained under this part. For

each individual record looked up, the secretary of state shall