Sec. 63103d.
(1) For purposes of surveillance, monitoring, administration, and enforcement of this part, a ferrous mineral operator shall be assessed a ferrous mineral surveillance fee on the ferrous product produced for the calendar year reported as described in subsection (2). The fee shall be assessed upon ferrous product and shall not be more than 1 cent per metric ton. Funds collected by the assessment of the ferrous mineral surveillance fee shall not exceed the actual costs to the department of implementing the sections of this part that pertain to ferrous mineral mining. Surveillance fees collected under this section shall be forwarded to the state treasurer for deposit in the ferrous mineral surveillance fund created in section 63103e.
(2) A ferrous mineral operator shall file an annual report of production on or before February 15 of each year. The report shall contain the annual production of ferrous product from each ferrous mineral mine.
(3) The ferrous mineral surveillance fee described in subsection (1) is due 30 days after the department sends written notice to the ferrous mineral operator of the amount due.
(4) Failure to submit an annual report of production in compliance with rules promulgated by the department constitutes grounds for revocation of a permit.
(5) A penalty equal to 10% of the amount due, or $1,000.00, whichever is greater, shall be assessed against the ferrous mineral operator for a fee that is not paid when due. An unpaid fee and penalty constitute a debt and the basis of a judgment against the operator. Penalties paid pursuant to this section shall be used for the implementation, administration, and enforcement of this part.
(6) Records upon which the annual report of production is based shall be preserved for 3 years and are subject to audit by the department.
History: Add. 1997, Act 149, Imd. Eff. Dec. 2, 1997 ;-- Am. 2011, Act 214, Imd. Eff. Nov. 8, 2011 Popular Name: Act 451Popular 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 III - Natural Resources Management (324.30101...324.83109)
451-1994-III-3 - Chapter 3 Management of Nonrenewable Resources (324.60101...324.64111)
451-1994-III-3-4 - Subchapter 4 Mineral Mining (324.63101...324.63714)
451-1994-III-3-4-631 - Part 631 Ferrous Mineral Mining (324.63101...324.63110)
Section 324.63101 - Definitions.
Section 324.63102 - Repealed. 2011, Act 214, Imd. Eff. Nov. 8, 2011.
Section 324.63103 - Mining Operations; Rules.
Section 324.63103a - Mining of Ferrous Minerals; Permit Required.
Section 324.63103b - Mining and Reclamation Plan.
Section 324.63103c - Ferrous Mineral Mining Permit.
Section 324.63103d - Ferrous Mineral Surveillance Fee; Annual Report of Production.
Section 324.63103e - Ferrous Mineral Surveillance Fund.
Section 324.63104 - Mining Operations; Variance or Modification From Rules.
Section 324.63105 - Supervisor of Reclamation; Administration of Part And Rules; Powers.
Section 324.63106 - Plan Maps; Filing by Operator; Form; Annual Changes; Long-Range Plans.
Section 324.63107 - Performance Bond, Security, or Assurance of Operator.
Section 324.63108 - Injunctive Relief to Prevent Violation of Rules.