Sec. 11109.
(1) The owner or operator of a landfill shall pay to the department a fee assessed on TENORM disposed of in the landfill. The fee is $5.00 per ton, based on the quantity of TENORM specified on the monthly operating report. The fee for fractional tons of TENORM shall be proportional. The fee shall be paid within 30 days after the end of each calendar year quarter.
(2) The department shall take enforcement action to collect fees that are not paid as required by this section.
(3) The landfill owner or operator shall forward to the department the fee revenue due under this section with a completed form that is provided or approved by the department. The owner or operator shall certify that all information provided in the form is accurate. The form shall specify the volume of TENORM disposed of at the landfill during the preceding calendar quarter and the amount of fee revenue being forwarded to the department.
(4) The department shall maintain information regarding the fees collected under this section.
(5) The TENORM account is created within the environmental pollution prevention fund created in section 11130. The department shall forward fees collected under this section to the state treasurer for deposit in the TENORM account. The state treasurer may receive money or other assets from any other source for deposit into the account. The state treasurer shall direct the investment of the account. The state treasurer shall credit to the account interest and earnings from account investments. Money remaining in the account at the close of the fiscal year shall not lapse to the general fund.
(6) Money from the TENORM account shall be expended, upon appropriation, only for 1 or more of the following purposes:
(a) To pay refunds to generators under this section.
(b) To fund the department's regulation and oversight of the disposal of TENORM in this state.
(c) To provide grants to local units of government and landfill operators to obtain equipment to monitor TENORM radiation.
History: Add. 2018, Act 689, Eff. Mar. 28, 2019 Popular Name: Act 451Popular Name: Hazardous Waste ActPopular Name: NREPA
Structure Michigan Compiled Laws
Chapter 324 - Natural Resources and Environmental Protection
Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)
Article II - Pollution Control (324.3101...324.21563)
451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118)
451-1994-II-3-111 - Part 111 Hazardous Waste Management (324.11101...324.11153)
Section 324.11101 - Meanings of Words and Phrases.
Section 324.11102 - Definitions; C to F.
Section 324.11103 - Definitions; G to O.
Section 324.11104 - Definitions; O to V.
Section 324.11105a - Repealed. 2006, Act 560, Eff. Dec. 29, 2008.
Section 324.11106 - Municipal Solid Waste Incinerator Ash; Regulation.
Section 324.11107 - Methods of Hazardous Waste Management; Assistance.
Section 324.11112 - State Hazardous Waste Management Plan; Final Decision; Adoption.
Section 324.11114 - Proposed Rules to Implement Plan.
Section 324.11115b - Corrective Actions; Satisfaction of Remedial Action Obligations.
Section 324.11116-324.11118 - Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.
Section 324.11119, 324.11120 - Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.
Section 324.11121 - Effect of Local Ordinance, Permit Requirement, or Other Requirement.
Section 324.11122 - Repealed. 2010, Act 357, Imd. Eff. Dec. 22, 2010.
Section 324.11126 - Coordinating and Integrating Provisions of Act; Extent.
Section 324.11126a - Fee Schedule; Report.
Section 324.11133 - Hazardous Waste Transporter Business License; Revocation.
Section 324.11134 - Municipality or County; Prohibited Conduct.
Section 324.11137 - Accepting Delivery of Hazardous Waste; Condition; Duties of Owner or Operator.
Section 324.11138 - Generator of Hazardous Waste; Duties; Records; Report.
Section 324.11147 - Violation as Misdemeanor; Penalty; Appearance Ticket.
Section 324.11149 - Tearing Down, Removing, or Destroying Sign or Notice as Misdemeanor; Penalty.
Section 324.11150 - Order of Noncompliance; Order Suspending or Restricting License of Facility.
Section 324.11152 - Interstate and International Cooperation; Purpose.