HB-4441, As Passed Senate, June 3, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4441

 

April 14, 2015, Introduced by Reps. Sarah Roberts and Victory and referred to the Committee on Appropriations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 3104, 3118, 3120, 3122, 4112, 11525a, 17303,

 

and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.4112,

 

324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120,

 

and 3122 as amended by 2011 PA 90, section 4112 as amended by 2010

 

PA 302, section 11525a as amended by 2013 PA 72, section 17303 as

 

added by 2008 PA 394, and section 17317 as added by 2008 PA 395.

 

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

 

this 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, 2015, 2019, an application for a floodplain permit shall

 

be accompanied by a fee of $500.00. Until October 1, 2015, 2019, 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, 2015, 2019, 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.

 

     (c) Part 323.

 

     (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, 2015, 2019, 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.

 

     (c) An annual fee of $500.00 is required for a permit for a

 

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. 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.

 

     (c) "Construction activity" means a human-made earth change or

 

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) to (ix) and (xi).

 

     Sec. 3120. (1) Until October 1, 2015, 2019, 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.

 

     (c) For an EPA minor facility general permit, $75.00.

 

     (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, 2015, 2019, 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.

 

     (c) For a municipal facility that is an EPA major facility,

 

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 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.

 

     (c) "Combined sewer system" means a sewer designed and used to

 

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 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

 

House Bill No. 4441 as amended April 28, 2015

                    as amended June 3, 2015

 

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,DECEMBER 31, 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.

 

     (c) For a group 3 facility, $200.00.

 

     (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, an applicant subject to an annual groundwater

 

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

 

annual groundwater discharge permit fee.

 

     (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. 4112. (1) For projects described in subsection (2), an

 

expedited review process shall be available through September 30,

 

2015. To be eligible for expedited review, an applicant shall

 

submit all of the items under subsection (4) not later than

 

September 30, 2015.

 

     (1) (2) Subject to subsection (3), (2), the following projects

 

are eligible for expedited review:

 

     (a) A conventional gravity sewer extension of 10,000 feet or

 

less of sewer line.

 

     (b) A simple pumping station and force main.

 

     (c) A small diameter pressure sewer and grinder pumping

 

station.

 

     (2) (3) An expedited review shall not be conducted for a

 

project that is being funded by the state water pollution control

 

revolving fund created in section 16a of the shared credit rating

 

act, 1985 PA 227, MCL 141.1066a.

 

     (3) (4) A person requesting To obtain an expedited review, a

 

person shall do all of the following by September 30, 2019:

 

     (a) At least 10 business days prior to submitting an

 

application under subdivision (b), notify the department

 

electronically, in accordance with the instructions provided on the

 

department's website, of his or her intent to request expedited

 

review. The department may waive this 10-day notification

 

requirement.

 

     (b) Submit electronically a complete application for a

 

construction permit including a request for expedited review and

 

including, via credit card, the appropriate fee under subsection

 

(5).(4).

 

     (c) Provide a written copy of the construction plans and

 

specifications for the project that has been prepared, signed, and

 

sealed by a licensed professional engineer to the department

 

postmarked not later than the date that the application is

 

submitted electronically.

 

     (d) For nongovernmental entities, provide certification to the

 

department that all necessary contractual service agreements and

 

financial plans are in place.

 

     (4) (5) Except as provided in subsection (7), (6), the fee for

 

an expedited review is as follows:

 

     (a) For a conventional gravity sewer extension less than 2,000

 

feet, $1,000.00.

 

     (b) For a conventional gravity sewer extension equal to or

 

greater than 2,000 feet but less than 4,000 feet of sewer line,

 

$1,500.00, and for each incremental increase of up to 2,000 feet of

 

sewer line, an additional $500.00.

 

     (c) For a simple pumping station and force main, $2,000.00.

 

     (d) For a small diameter pressure sewer and grinder pumping

 

station consisting of not more than 2,000 feet of sewer line and

 

not more than 10 grinder pumping stations, $2,000.00.

 

     (e) For small diameter pressure sewer and grinder pumping

 

station projects not covered by subdivision (d) and consisting of

 

not more than 5,000 feet of sewer line and not more than 25 grinder

 

pumping stations, $4,000.00.

 

     (5) (6) Except as provided in subsection (8), (7), if an

 

applicant does not comply with subsection (4), (3), the department

 

shall not conduct an expedited review and any submitted fee shall

 

not be refunded. Within 10 business days after receipt of the

 

application, the department shall notify the applicant of the

 

reasons why the department's review of the application will not be

 

expedited. Upon receipt of this notification, a person may correct

 

the deficiencies and resubmit an application and request for an

 

expedited review with the appropriate fee specified under

 

subsection (7). (6). The department shall not reject a resubmitted

 

application and request for expedited review solely because of

 

deficiencies that the department failed to fully identify in the

 

original application.

 

     (6) (7) For a second submission of an application that

 

originally failed to meet the requirements specified in subsection

 

(4), (3), the applicant shall instead include a fee equal to 10% of

 

the fee specified in subsection (5). (4). However, if the

 

deficiency included failure to pay the appropriate fee, the second

 

submission shall include the balance of the appropriate fee plus

 

10% of the appropriate fee. If the applicant makes additional

 

changes other than those items identified by the department as

 

being deficient, the applicant shall instead include an additional

 

fee equal to the fee specified in subsection (5). (4). For the

 

third and each subsequent submittal of an application that failed

 

to meet the requirements specified in subsection (4), (3), the

 

applicant shall include an additional fee equal to the fee

 

specified in subsection (5).(4).

 

     (7) (8) If an applicant fails to sign the application, submits

 

construction plans and specifications that have not been prepared,

 

signed, and sealed by a licensed professional engineer, or submits

 

an insufficient fee, the department shall notify the applicant

 

within 5 business days of the deficiency. The application shall not

 

be processed until the deficient items are addressed. If the

 

applicant does not provide the deficient items within 5 business

 

days after notification by the department, the application shall be

 

handled as provided in subsection (4).(5).

 

     (8) (9) The department shall review and make a decision on

 

complete applications submitted with a request for expedited review

 

within 10 business days of receipt by the department of a complete

 

application. However, if the department waives the notification

 

requirement of subsection (4)(a), (3)(a), the department shall

 

review and make a decision on the application within 20 business

 

days of receipt of a complete application.

 

     (9) (10) If the department fails to meet the deadline

 

specified in subsection (9), (8), the department shall continue to

 

expedite the application review process for an application

 

submitted under this section. However, the fee for an expedited

 

review required under this section shall be refunded if the

 

department fails to meet the deadline established in subsection

 

(9).(8).

 

     (10) (11) The department shall transmit fees collected under

 

this section to the state treasurer for deposit into the fund.

 

     (11) (12) As used in this section, "complete application"

 

means that a department-provided application form is completed, all

 

requested information has been provided, and the application can be

 

processed without additional information.

 

     Sec. 11525a. (1) The owner or operator of a landfill shall pay

 

a surcharge as follows:

 

     (a) Except as provided in subdivision (b), 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

 

before October 1, 2015.2019.

 

     (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 described in section

 

11525(3).

 

     Sec. 17303. (1) By 30 days after the end of each state fiscal

 

year, a manufacturer that sells or offers for sale to any person in

 

this state a new covered electronic device shall register with the

 

department on a form provided by the department. The registration

 

expires 30 days after the end of the following state fiscal year.

 

After October 30, 2009, a A manufacturer who has not already filed

 

a registration under this part shall submit a registration within

 

10 business days after the manufacturer begins to sell or offer for

 

sale new covered electronic devices in this state.

 

     (2) A registration under subsection (1) shall include all of

 

the following:

 

     (a) The manufacturer's name, address, and telephone number.

 

     (b) Each brand name under which the manufacturer sells or

 

offers for sale covered electronic devices in this state.

 

     (c) Information about the manufacturer's electronic device

 

takeback program, including all of the following:

 

     (i) Information provided to consumers on how and where to

 

return covered electronic devices labeled with the manufacturer's

 

name or brand label.

 

     (ii) The means by which information described in subparagraph

 

(i) is disseminated to consumers, including the relevant website

 

address if the internet is used.

 

     (iii) Beginning with the first registration submitted after the

 

implementation of the takeback program, a report on the

 

implementation of the takeback program during the prior state

 

fiscal year, including all of the following:

 

     (A) The total weight of the covered electronic devices

 

received by the takeback program from consumers during the prior

 

state fiscal year.

 

     (B) The processes and methods used to recycle or reuse the

 

covered electronic devices received from consumers.

 

     (C) The identity of any collector or recycler with whom the

 

manufacturer contracts for the collection or recycling of covered

 

electronic devices received from consumers. The identity of a

 

recycler shall include the addresses of that recycler's recycling

 

facilities in this state, if any. The identity of a collector or

 

recycler reported under this subparagraph is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, and shall not be disclosed by the department unless

 

required by court order.

 

     (3) A registration is effective upon receipt by the department

 

if the registration is administratively complete.

 

     (4) If a manufacturer's registration does not meet the

 

requirements of this section and any rules promulgated under this

 

part, the department shall notify the manufacturer of the

 

deficiency. If the manufacturer fails to correct the deficiency

 

within 60 days after notice is sent by the department, the

 

department may deny or revoke the manufacturer's registration,

 

after providing an opportunity for a contested case hearing under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328.

 

     (5) A registration is valid until October 30 of each year. A

 

manufacturer of covered electronic devices shall update its

 

registration within 10 business days after a change in the brands

 

of covered electronic devices from that manufacturer sold or

 

offered for sale in this state.

 

     (6) Until October 1, 2015, 2019, a manufacturer's registration

 

shall be accompanied by an annual fee of $3,000.00. However, if the

 

amount of money in the fund on December 31 of any year is greater

 

than $600,000.00, the department shall not collect manufacturers'

 

registration fees for the following state fiscal year.

 

     (7) Revenue from manufacturers' registration fees collected

 

under this section shall be deposited in the electronic waste

 

recycling fund created in section 17327.

 

     (8) The department shall maintain on its website a list of

 

registered manufacturers of computers and a list of registered

 

manufacturers of video display devices and the website addresses at

 

which they provide information on recycling covered electronic

 

devices.

 

     (9) Not later than October 1, 2011 and every 2 years after

 

that date, the department shall submit a report to the secretary of

 

the senate and to the clerk of the house of representatives that

 

assesses the adequacy of the fees under this section and any

 

departmental recommendation to modify those fees.

 

     Sec. 17317. (1) By 30 days after the end of each state fiscal

 

year, a person who engages in the business of recycling covered

 

electronic devices shall register with the department on a form

 

provided by the department. The registration expires 30 days after

 

the end of the following state fiscal year. After October 30, 2009,

 

a A recycler who has not already filed a registration under this

 

part shall submit a registration within 10 business days after the

 

recycler begins to recycle covered electronic devices.

 

     (2) A registration under subsection (1) shall include all of

 

the following:

 

     (a) The name, address, telephone number, and location of all

 

recycling facilities under the direct control of the recycler

 

located in this state that may receive covered electronic devices.

 

     (b) A certification by the recycler that the recycler

 

substantially meets the requirements of section 17315.

 

     (3) Beginning October 30, 2010, a recycler of covered

 

electronic devices shall report the total weight of covered

 

electronic devices recycled during the previous state fiscal year.

 

The recycler shall keep a written log that records the weight of

 

covered video display devices and the total weight of covered

 

computers delivered to the recycler and identified as such on

 

receipt. The total weight reported in the registration shall be

 

based on this log.

 

     (4) A recycler's registration is effective upon receipt by the

 

department if the registration is administratively complete.

 

     (5) If a recycler's registration does not meet the

 

requirements of this section and any rules promulgated under this

 

part, the department shall notify the recycler of the deficiency.

 

If the recycler fails to correct the deficiency within 60 days

 

after notice is sent by the department, the department may deny or

 

revoke the recycler's registration, after providing an opportunity

 

for a contested case hearing under the administrative procedures

 

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

 

     (6) Until October 1, 2015, 2019, a recycler's registration

 

under subsection (1) shall be accompanied by an annual fee of

 

$2,000.00.

 

     (7) Revenue from recyclers' registration fees collected under

 

this section shall be deposited in the electronic waste recycling

 

fund created in section 17327.

 

     (8) Submitting a false registration under subsection (1) is a

 

violation of this part.

 

     (9) Not later than October 1, 2011 and every 2 years after

 

that date, the department shall submit a report to the secretary of

 

the senate and to the clerk of the house of representatives that

 

assesses the adequacy of the fees under this section and any

 

departmental recommendation to modify those fees.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2015.