Michigan Compiled Laws
451-1994-II-3-115-4 - Subpart 4 Financial Assurance (324.11523...324.11525f.added)
Section 324.11525a.amended - Owner or Operator of Landfill or Coal Ash Impoundment; Surcharge; Payment of Surcharge; Deposit.

***** 324.11525a.amended THIS AMENDED SECTION IS EFFECTIVE MARCH 29, 2023 *****
Sec. 11525a.
(1) The owner or operator of a landfill or coal ash impoundment shall pay a surcharge as follows:
(a) Except as provided in subdivision (b), for a landfill or coal ash impoundment that is not a captive facility, 36 cents for each ton or portion of a ton of solid waste or municipal solid waste incinerator ash that is disposed of in the landfill or coal ash impoundment before October 1, 2023.
(b) For a landfill or coal ash impoundment that is not a captive facility, 12 cents per ton or portion of a ton of foundry sand, slag from metal melting, baghouse dust, furnace refractory brick, pulp and paper mill material, paper mill ash, wood ash, coal bottom ash, mixed wood ash, fly ash, flue gas desulfurization sludge, contaminated soil, cement kiln dust, lime kiln dust, and other industrial waste that weighs at least 1 ton per cubic yard, as determined by the generator.
(c) For a type III landfill or coal ash impoundment that is a captive facility and annually receives the following amount of waste, the following annual corresponding surcharge for each state fiscal year, based on the amount of waste received during that fiscal year:
(i) 100,000 or more tons of waste, $3,000.00.
(ii) 75,000 or more but less than 100,000 tons of waste, $2,500.00.
(iii) 50,000 or more but less than 75,000 tons of waste, $2,000.00.
(iv) 25,000 or more but less than 50,000 tons of waste, $1,000.00.
(v) Less than 25,000 tons of waste, $500.00.
(2) Within 30 days after the end of each quarter of a state fiscal year, the owner or operator of a landfill or coal ash impoundment that is not a captive facility shall pay the surcharge under subsection (1)(a) for waste received during that quarter of the state fiscal year. Within 30 days after the end of a state fiscal year, the owner or operator of a type III landfill or coal ash impoundment that is a captive facility shall pay the surcharge under subsection (1)(b) for waste received during that state fiscal year.
(3) If the owner or operator of a landfill or coal ash impoundment is required to pay the surcharge under subsection (1), the owner or operator shall pass through and collect the surcharge from any person that generated the solid waste or arranged for its delivery to the hauler or solid waste processing and transfer facility, notwithstanding the provisions of any agreement to the contrary or the absence of any 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.
History: Add. 1996, Act 358, Eff. Oct. 1, 1996 ;-- Am. 2003, Act 153, Eff. Oct. 1, 2003 ;-- Am. 2007, Act 75, Imd. Eff. Sept. 30, 2007 ;-- Am. 2011, Act 149, Imd. Eff. Sept. 21, 2011 ;-- Am. 2013, Act 72, Imd. Eff. June 25, 2013 ;-- Am. 2015, Act 82, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 640, Imd. Eff. Dec. 28, 2018 ;-- Am. 2019, Act 77, Imd. Eff. Sept. 30, 2019 ;-- Am. 2022, Act 246, Eff. Mar. 29, 2023 Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act