SB 579 — Natural resources: other; certain fees in the natural resources and environmental protection act; modify. Amends secs. 3104, 3110, 3118, 3120, 4104, 11153, 30104, 30109, 32312 & 32513 of 1994 PA 451 (MCL 324.3104 et seq.).

(j) (k) "Group 3 facility" means a facility whose discharge is described by R 323.2211 or R 323.2213 of the Michigan administrative code.Administrative Code.

(k) (l) "Local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105.

(l) (m) "Local unit" means a county, city, village, or township or an agency or instrumentality of any of these entities.

(m) (n) "Municipality" means this state, a county, city, village, or township, or an agency or instrumentality of any of these entities.

(n) (o) "National response center" means the National Communications Center established under the clean water act, federal water pollution control act, 33 USC 1251 to 1387, 1389, JJB S04570'25_SB579_APS_1 e4ixm2 located in Washington, DC, that receives and relays notice of oil discharge or releases of hazardous substances to appropriate federal officials.

(o) (p) "Nonoceangoing vessel" means a vessel that is not an oceangoing vessel.

(p) (q) "Oceangoing vessel" means a vessel that operates on the Great Lakes or the St.

Lawrence waterway after operating in waters outside of the Great Lakes or the St.

Lawrence waterway.

(q) (r) "Open water disposal of contaminated dredge materials" means the placement of dredge materials contaminated with toxic substances as defined in R 323.1205 of the Michigan administrative code Administrative Code into the open waters of the waters of the state but does not include the siting or use of a confined disposal facility designated by the United States Army Corps of Engineers or beach nourishment activities utilizing uncontaminated materials.

(r) (s) "Primary public safety answering point" means that term as defined in section 102 of the emergency telephone 9-1-1 service enabling act, 1986 PA 32, MCL 484.1102.

(s) (t) "Sediments" means any matter settled out of ballast water within a vessel.

(t) (u) "Sewage sludge" means sewage sludge generated in the treatment of domestic sewage, other than only septage or industrial waste.

(u) (v) "Sewage sludge derivative" means a product for land application derived from sewage sludge that does not include solid waste or other waste regulated under this act.

(v) (w) "Sewage sludge generator" means a person who that generates sewage sludge that is applied to land.

(w) (x) "Sewage sludge distributor" means a person who that JJB S04570'25_SB579_APS_1 e4ixm2 applies, markets, or distributes, except at retail, a sewage sludge derivative.

(x) (y) "St.

Lawrence waterway" means the St.

Lawrence River, the St.

Lawrence Seaway, and the Gulf of St.

Lawrence.

(y) (z) "Threshold reporting quantity" means that term as defined in R 324.2002 of the Michigan administrative code.Administrative Code.

(z) (aa) "Waters of the state" means groundwaters, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the jurisdiction of this state.

Sec.

(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 this state, including, but not limited to, flood control, beach erosion control, water quality control planning, development, and management, and the control of aquatic nuisance JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 species.

(2) To address discharges of aquatic nuisance species from oceangoing vessels that damage water quality, aquatic habitat, or JJB S04570'25_SB579_APS_1 e4ixm2 fish or wildlife, the department shall facilitate the formation of a Great Lakes aquatic nuisance species coalition.

The report must include requests for legislation needed to implement any proposed projects or agreements made necessary as a result of a plan or JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 project, together with any requests for appropriations.

(5) Except as otherwise provided in this section, until JJB S04570'25_SB579_APS_1 e4ixm2 October 1, 2025, 2029, an application for a floodplain permit must be accompanied by a fee of $500.00.

Until October 1, 2025, if 2029,If 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.

A minor project category must not be valid for more than 5 years, but may be re- JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 established.

Until October 1, 2025, an 2029,An an application for a floodplain permit for a minor project category must be accompanied by a fee of $100.00.

Until October 1, 2025, an 2029,An an application for a floodplain permit for a general permit category must be accompanied by a fee of $50.00.

JJB S04570'25_SB579_APS_1 e4ixm2 (8) By December 31, 2019, the department shall propose new minor project and general project categories as authorized under subsections (6) and (7).

(11) If work has been done in violation of a permit JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 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 otherwise required under this section.

JJB S04570'25_SB579_APS_1 e4ixm2 (d) Part 325.

(14) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(2) The department may conduct a program for training JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 individuals seeking who seek to be certified as operators or supervisors under subsection (1), section 4104, or section 9 of the safe drinking water act, 1976 PA 399, MCL 325.1009.

Until October 1, 2025, the 2029,The the department may charge a fee based on the costs to the department of operating this training program.

(3) The department shall administer certification operator JJB S04570'25_SB579_APS_1 e4ixm2 programs for individuals seeking who seek to be certified as operators or supervisors under subsection (1), section 4104, or section 9 of the safe drinking water act, 1976 PA 399, MCL 325.1009.

Until October 1, 2025, the 2029,The the department may charge a certification examination fee and a certification renewal fee in accordance with the following fee schedule:

(iii) Industrial wastewater special classification A-1a examination or noncontact cooling water A-1h examination as JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 described under subrule (2) of R 323.1253 of the Michigan Administrative Code, $30.00.

(i) Municipal wastewater certification level A, B, C, or D JJB S04570'25_SB579_APS_1 e4ixm2 examination as described under subrule (1) of R 299.2911 of the Michigan Administrative Code, $70.00.

(iii) Drinking water distribution system classes S-1, S-2, S-3, JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 or S-4 as described under R 325.11902 of the Michigan Administrative Code, $70.00.

JJB S04570'25_SB579_APS_1 e4ixm2 (vi) Drinking water distribution system class S-5 as described under R 325.11902 of the Michigan Administrative Code, $45.00.

(f) For certification renewals under section 9 of the safe drinking water act, 1976 PA 399, MCL 325.1009, for all drinking water certification levels as described under R 325.11901 or R 325.11902 of the Michigan Administrative Code and issued on a JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 single certificate, $95.00.

(5) The department shall conduct a program for persons or JJB S04570'25_SB579_APS_1 e4ixm2 organizations seeking to offer approved continuing education courses to be used by certified operators and supervisors when renewing their certifications under subsection (1), section 4104, and section 9 of the safe drinking water act, 1976 PA 399, MCL 325.1009.

If an individual knowingly makes a false statement in a report, the department may revoke his or her the individual's certificate as an JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 approved treatment facility operator.

(9) Beginning January 1, 2026, and by each January 1 JJB S04570'25_SB579_APS_1 e4ixm2 thereafter, the department shall adjust the amount of the fees described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(1) Except as otherwise provided in this section, until October 1, 2025, 2029, the department shall collect the following stormwater discharge fees from persons that apply for or have been issued stormwater discharge permits:

JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 (d) For a permit for a municipal separate storm sewer system issued to a city, village, or township, an annual fee determined by its population in an urbanized area as defined by the United States JJB S04570'25_SB579_APS_1 e4ixm2 Bureau of the Census Bureau and, except as provided in subsection (11), based on the latest available decennial census, as follows:

(2) A stormwater discharge permit is not required for a JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 municipality that does not own or operate a separate storm sewer system.

The department shall not collect stormwater discharge fees under this section from a municipality that does not own or operate JJB S04570'25_SB579_APS_1 e4ixm2 a separate storm sewer system.

(8) The department shall require the payment of the fee assessed under this section as a condition of issuance or reissuance of a permit not related solely to a site of construction JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 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 JJB S04570'25_SB579_APS_1 e4ixm2 the due date, the person is in violation of this part and the department may undertake enforcement actions as authorized under this part.

(13) AsBeginning usedJanuary 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section andby sectionan 3119:amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

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

(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 JJB S04570'25_SB579_APS_1 e4ixm2 pursuant to under 40 CFR 122.26(a), and which is described as a construction activity in 40 CFR 122.26(b)(14)(x).

Construction JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 activity includes clearing, grading, and excavating activities.

(i) "Notice of coverage" means a notice that a person engaging JJB S04570'25_SB579_APS_1 e4ixm2 in construction activity agrees to comply with a permit by rule for that activity.

A notice of coverage is not required to include a JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 copy of an individual permit issued under part 91 if the notice of coverage includes a copy of a permit for the construction activity issued under part 615, 625, 631, 632, or 634, along with any forms or diagrams pertaining to soil erosion and sedimentation control that were part of the application for that permit.

(n) "Stormwater discharge associated with industrial activity" JJB S04570'25_SB579_APS_1 e4ixm2 means a point source discharge of stormwater from a facility that is considered to be engaging in industrial activity under 40 CFR JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 122.26(b)(14)(i) to (ix) and (xi).

(1) Until October 1, 2025, an 2029,An 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, must be accompanied by an application fee as follows:

JJB S04570'25_SB579_APS_1 e4ixm2 (5) Until October 1, 2025, a 2029,A a person who that receives a permit under this part authorizing a discharge into surface JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 water, other than a stormwater discharge, is subject to an annual permit fee as follows:

(ii) For an individual permit for a facility discharging 1 MGD JJB S04570'25_SB579_APS_1 e4ixm2 or more but less than 10 MGD, $3,000.00.

(iii) For an individual permit for a facility discharging less JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 than 1 MGD, $1,950.00.

JJB S04570'25_SB579_APS_1 e4ixm2 (7) The department shall send invoices for annual permit fees under subsection (5) to all permit holders by December 1 of each JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 year.

Within Not later than 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 JJB S04570'25_SB579_APS_1 e4ixm2 reasons why the annual permit fee was not revised.

If the owner or operator of a facility desires to further challenge its annual JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 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.

(11) AsBeginning usedJanuary 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section:section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(12) (11) As used in this section:

(b) "Combined sewer overflow" means a discharge from a combined sewer system that occurs when the flow capacity of the JJB S04570'25_SB579_APS_1 e4ixm2 combined sewer system is exceeded at a point before 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 stormwater and sanitary sewage to surface waters JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 during storm flow periods.

JJB S04570'25_SB579_APS_1 e4ixm2 (l) "Low-flow facility" means a facility that discharges less than 1 MGD.

JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 (o) "Wastewater stabilization lagoon" means a 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.

3122.

(1) Until October 1, 2027, the The department may levy and collect an annual groundwater discharge permit fee from facilities or municipalities that discharge wastewater to the ground or groundwater of this state under section 3112.

The fee is as follows:

(a) For a group 1 facility, $7,500.00.

(b) For a group 2 facility or a municipality of 1,000 or fewer residents, $1,800.00.

(c) For a group 2a facility, $300.00.

(d) For a group 3 facility, $240.00.

(2) Within Not later than 180 days after receipt of a complete application for a permit to discharge wastewater to the ground or to groundwater, the department shall 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 JJB S04570'25_SB579_APS_1 e4ixm2 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) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fee described in subsection (1) by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(5) (4) As used in this section, "group 1 facility", "group 2 facility", "group 2a facility", and "group 3 facility" do not include a municipality with a population of 1,000 or fewer residents.

Sec.

3132.

(1) Beginning in state fiscal year 1998, an annual sewage sludge land application fee is imposed upon on sewage sludge generators and sewage sludge distributors.

The sewage sludge land application fee shall must be in an amount equal to the sum of an administrative fee and a generation fee.

The administrative fee shall be is $400.00 and the department shall set the generation fee as provided by subsection (2).

The department shall set the generation fee so that the annual cumulative total of the sewage sludge land application fee to be paid in a state fiscal year is, as nearly as possible, $650,000.00 minus the amount in the fund created under subsection (5) carried forward from the prior state fiscal year.

Starting with fees to be paid in state fiscal year 1999, the $650,000.00 amount shall must be annually adjusted for inflation using the Detroit consumer price index.Consumer Price Index.

Beginning January 1, 2026, and by each January 1 thereafter, JJB S04570'25_SB579_APS_1 e4ixm2 the department shall adjust the amount of the administrative fee by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(2) Each sewage sludge generator and sewage sludge distributor shall annually report to the department for each state fiscal year, beginning with the 1997 state fiscal year, the number of dry tons of sewage sludge it generated or the number of dry tons of sewage sludge in sewage sludge derivatives it distributed that were applied to land in that state fiscal year.

The report is due 30 days after the end of the state fiscal year.

By December 15 of each state fiscal year, the department shall determine the generation fee on a per dry ton basis by dividing the cumulative generation fee by the number of dry tons of sewage sludge applied to land or in sewage sludge derivatives applied to land in the immediately preceding state fiscal year.

The department shall notify each sewage sludge generator and sewage sludge distributor of the generation fee on a per dry ton basis.

Notwithstanding any other provision of this section, for the 1998 state fiscal year, the generation fee shall must not exceed $4.00 per dry ton.

(3) By January 31 of each state fiscal year, each sewage sludge generator or sewage sludge distributor shall pay its sewage sludge land application fee.

The sewage sludge generator or sewage sludge distributor shall determine the amount of its sewage sludge land application fee by multiplying the number of dry tons of sewage sludge that it reported under subsection (2) by the generation fee and adding the administrative fee.

(4) The department of environmental quality environment, Great Lakes, and energy shall assess interest on all fee payments JJB S04570'25_SB579_APS_1 e4ixm2 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.

The failure by a person to timely pay a fee imposed by this section is a violation of this part.

(5) The sewage sludge land application fund is created in the state treasury.

The department of environmental quality environment, Great Lakes, and energy shall forward all fees collected under this section to the state treasurer for deposit into the fund.

The state treasurer may receive money or other assets from any source for deposit into the fund.

The state treasurer shall direct the investment of the fund.

The state treasurer shall credit to the fund interest and earnings from fund investments.

An unexpended balance within the fund at the close of the state fiscal year shall be carried forward to the following state fiscal year.

The fund shall be allocated solely for the administration of this section and sections 3131 and 3133, including, but not limited to, education of the farmers, sewage sludge generators, sewage sludge distributors, and the general public about land application of sewage sludge and sewage sludge derivatives and the requirements of this section and sections 3131 and 3133.

The director of the department of environmental quality environment, Great Lakes, and energy may contract with a nonprofit educational organization to administer the educational components of this section.

Ten percent of the fund shall must be allocated to the department of agriculture to provide persons involved in or affected by land application of sewage sludge or sewage sludge derivatives with education and technical assistance relating to land application of sewage sludge or sewage sludge derivatives.

JJB S04570'25_SB579_APS_1 e4ixm2 (6) A local unit may enact, maintain, and enforce an ordinance that prohibits the land application of sewage sludge or a sewage sludge derivative if monitoring indicates a pollutant concentration in excess of that provided in table 1 of 40 C.F.R.

CFR 503.13 until subsequent monitoring indicates that pollutant concentrations do not exceed those provided in table 1 of 40 C.F.R.

CFR 503.13.

Sec.

3306.

(1) Until October 1, 2014, an application for a certificate of coverage under this part shall must be accompanied by a fee of $75.00.

Subject to subsection (2), an application for an individual permit under this part shall must be accompanied by the following fee, based on the size of the area of impact:

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

(b) 1/2 acre or more but less than 5 acres, $200.00.

(c) 5 acres or more but less than 20 acres, $400.00.

(d) 20 acres or more but less than 100 acres, $800.00.

(e) 100 acres or more, $1,500.00.

(2) For the 2014-2015 state fiscal year and each subsequent fiscal year, the department shall proportionately adjust the certificate of coverage and permit application fees under subsection (1) by category to achieve a target in fee revenue under subsection (1) and shall post the adjusted fees on its the department's website by November 1.

The department shall set the target so that the annual cumulative total of the target amount plus all of the following equals, as nearly as possible, $900,000.00:

(a) The total amount of annual fees to be collected under section 3309 in the state fiscal year.

(b) The amount of general funds appropriated to the program under this part.

JJB S04570'25_SB579_APS_1 e4ixm2 (c) The amount in the aquatic nuisance control fund created under subsection (4) in excess of $100,000.00 carried forward from the prior state fiscal year.

(3) Notwithstanding any other provision of this section, fees as adjusted under subsection (2) shall must be proportional to and shall must not exceed the amounts set forth in subsection (1).

For each state fiscal year beginning with the 2015-2016 state fiscal year, the state treasurer shall adjust the $900,000.00 figure in subsection (2) by an amount determined by the state treasurer at the end of the preceding fiscal year to reflect the cumulative annual percentage change in the consumer price index.

As used in this subsection, "consumer price index" means the most comprehensive index of consumer prices available for this state from the bureau of labor statistics of the United States department of labor.Detroit Consumer Price Index.

(4) The aquatic nuisance control fund is created in the state treasury.

The department shall forward all fees collected under this section, section 3309, and section 3311 to the state treasurer for deposit into the fund.

The state treasurer may receive money or other assets from any other source for deposit into the fund.

The state treasurer shall direct the investment of the fund.

The state treasurer shall credit to the fund interest and earnings from fund investments.

Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

The department shall be the administrator of the fund for auditing purposes.

The department shall expend money from the fund, upon on appropriation, only for the administration of this part, including, but not limited to, the following:

(a) Issuance of certificates of coverage and permits.

JJB S04570'25_SB579_APS_1 e4ixm2 (b) Technology and reasonable laboratory costs to operate the program under this part.

(c) Compliance and enforcement activities related to aquatic nuisance control.

(d) Education of aquatic herbicide applicators, local and state government agencies, lake boards, lakefront property owners, and the general public about aquatic nuisance control and the requirements of this part.

The director may contract with a nonprofit educational organization to administer an educational program as described in this subdivision.

(5) A fee under this section, section 3309, or section 3311 may be paid by credit or debit card or electronic fund transfer.

The department shall determine which major credit and debit cards may be used to pay a fee.

If a fee is paid by credit or debit card, the department may collect a service assessment from the user of the credit or debit card.

The service assessment shall must not exceed the actual cost to the department of the credit or debit card transaction.

(6) The department shall not charge a fee for an amendment to an application for a certificate of coverage or permit, including an amendment to an application after that application has been resubmitted under section 3307(7).

Sec.

The department shall classify sewage treatment works with regard to size, type, location, and other physical conditions affecting those works and according to the skill, knowledge, experience, and JJB S04570'25_SB579_APS_1 e4ixm2 character that the individual who is in charge of the active operation of the sewage treatment works must possess to successfully operate the works and prevent the discharge of deleterious matter capable of being injurious to the public health or other public interests.

(2) As provided in section 3110, the department may conduct a program for training individuals seeking who seek to be certified JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 as operators under subsection (1) and shall administer operator certification programs for individuals seeking who seek to be certified as operators under subsection (1).

Until October 1, 2025, the 2029,The the department may charge fees for these programs as provided in section 3110.

4112.

(1) Subject to subsection (2), the following projects are eligible for expedited review:

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

JJB S04570'25_SB579_APS_1 e4ixm2 (b) A simple pumping station and force main.

(c) A small diameter pressure sewer and grinder pumping station.

(2) An expedited review must 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) To obtain an expedited review, a person shall do all of the following:

before October 1, 2027:

(a) At least 10 business days before submitting an application under subdivision (b), notify the department electronically, in accordance with instructions provided on the department's website, of the person's 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 credit card payment of the appropriate fee under subsection (4).

(c) Provide a written copy of the construction plans and specifications for the project that is 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) Except as provided in subsection (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.

JJB S04570'25_SB579_APS_1 e4ixm2 (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) Except as provided in subsection (7), if an applicant does not comply with subsection (3), the department shall not conduct an expedited review and any submitted fee shall must not be refunded.

Within Not later than 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.

On 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 (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) For a second submission of an application that originally failed to meet the requirements specified in subsection (3), the applicant shall instead include a fee equal to 10% of the fee specified in subsection (4).

However, if the deficiency included JJB S04570'25_SB579_APS_1 e4ixm2 failure to pay the appropriate fee, the second submission must include the balance of the appropriate fee plus either 10% of the appropriate fee or, if the applicant makes additional changes other than those items identified by the department as being deficient, an additional fee equal to the fee specified in subsection (4).

For the third and each subsequent submittal of an application that failed to meet the requirements specified in subsection (3), the applicant shall include an additional fee equal to the fee specified in subsection (4).

(7) 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 does not submit the required fee, the department shall notify the applicant of the deficiency within not later than 5 business days after receiving the application.

The application must 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 must be handled as provided in subsection (5).

(8) The department shall review and make a decision on complete applications submitted with a request for expedited review within not later than 10 business days after receipt by the department of a complete application.

However, if the department waives the notification requirement of subsection (3)(a), the department shall review and make a decision on the application within not later than 20 business days after receipt of a complete application.

(9) If the department fails to meet the deadline specified in subsection (8), both of the following apply:

JJB S04570'25_SB579_APS_1 e4ixm2 (a) The department shall continue to expedite the application review process for the application.

(b) The fee required under this section for an expedited review must be refunded.

(10) The department shall transmit fees collected under this section to the state treasurer for deposit into the fund.

(11) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(12) (11) As used in this section, "complete application" means a department-provided application form that is completed, for which all requested information has been provided, and that can be processed without additional information.

Sec.

5519.

(1) The department shall establish a program to implement the National Emission Standard for Asbestos, 40 CFR part 61, subpart M.

(2) Each year, the department shall complete inspections for compliance with 40 CFR part 61, subpart M, of at least the following applicable percentage of asbestos renovations and demolitions for which original notice of intention was received under 40 CFR 61.145:

(a) 15% for 2025 and 2026.

(b) 20% for 2027 and 2028.

(c) 25% for 2029 and thereafter.

(3) An owner or operator that submits a notice of intention of asbestos removal or demolition is responsible for payment of a notification fee of $100.00.

In addition, the owner or operator is JJB S04570'25_SB579_APS_1 e4ixm2 responsible for payment of a $10.00 modification fee each time the submitted notice is modified.

Fees under this subsection shall must be paid electronically in the manner provided for by the department.

A public entity may pass through the cost for the notice fee and any modification fee to the asbestos abatement contractor, unless the pass through would violate the terms of a contract entered into before the effective date of the amendatory act that added this section.

April 2, 2025.

The department shall assess and collect the fees and shall transmit fee revenue to the state treasurer for deposit in the asbestos inspection fund created in section 5519a.

Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this subsection by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(4) As used in this section, "asbestos abatement contractor" means that term as defined in section 103 of the asbestos abatement contractors licensing act, 1986 PA 135, MCL 338.3103.

Sec.

11108.

(1) Except as otherwise provided in this section, each owner or operator of a landfill shall pay to the department a fee assessed on hazardous waste disposed of in the landfill.

The fee shall must be based on the quantity of hazardous waste specified on the manifest or monthly operating report and shall be is $10.00 per ton, $10.00 per cubic yard, or 1/2 cent per pound depending on the unit of measure used by the owner or operator to calculate the fee.

The fee for fractional quantities of hazardous waste shall must be proportional.

If the hazardous waste is required to be listed on a manifest and the owner or operator of the landfill determines that the hazardous waste quantity on the JJB S04570'25_SB579_APS_1 e4ixm2 manifest is not accurate, the owner or operator shall correct the hazardous waste quantity on all manifest copies accompanying the shipment, note the reason for the change in the discrepancy indication space on the manifest, and assess the fee in accordance with the corrected hazardous waste quantity.

Payment shall must be made within not later than 30 days after the close of each quarter.

The landfill owner or operator shall assess off-site generators the fee.

The fee for hazardous waste that is generated and disposed of on the site of a landfill owner or operator shall must be paid by that owner or operator.

(2) Except as otherwise provided in this section, each owner or operator of a solidification facility licensed pursuant to under section 11123 shall pay to the department a fee assessed on hazardous waste received at the solidification facility.

The fee shall must be based on the quantity of hazardous waste specified on the manifest or monthly operating report and shall be is $10.00 per ton, $10.00 per cubic yard, 4 cents per gallon, or 1/2 cent per pound depending on the unit of measure used by the owner or operator to calculate the fee.

The fee for fractional quantities of hazardous waste shall must be proportional.

If the hazardous waste is required to be listed on a manifest and the owner or operator of the solidification facility determines that the hazardous waste quantity on the manifest is not accurate, the owner or operator shall correct the hazardous waste quantity on all manifest copies accompanying the shipment, note the reason for the change in the discrepancy indication space on the manifest, and assess the fee in accordance with the corrected hazardous waste quantity.

Payment shall must be made within not later than 30 days after the close of each quarter.

The solidification facility owner or operator shall JJB S04570'25_SB579_APS_1 e4ixm2 assess off-site generators the fee.

The fee for hazardous waste that is generated and solidified on the site of a solidification owner or operator shall must be paid by that owner or operator.

(3) The following hazardous waste is exempt from the fees provided for in this section:

(a) Ash that results from the incineration of hazardous waste or the incineration of solid waste as defined in part 115.

(b) Hazardous waste exempted by rule because of its character or the treatment it has received.

(c) Hazardous waste that is removed as part of a site cleanup activity at the expense of this state or the federal government.

(d) Solidified hazardous waste produced by a solidification facility licensed pursuant to under section 11123 and destined for land disposal.

(e) Hazardous waste generated pursuant to in accordance with a 1-time closure or site cleanup activity in this state if the closure or cleanup activity has been authorized in writing by the department.

Hazardous waste resulting from the cleanup of inadvertent releases which that occur after March 30, 1988 is not exempt from the fees.

(f) Primary and secondary wastewater treatment solids from a wastewater treatment plant that includes an aggressive biological treatment facility as that term is defined in 42 USC 6925.

(g) Emission control dust or sludge from the primary production of steel in electric furnaces.

(4) An owner or operator of a landfill or solidification facility shall assess or pay the fee described in this section unless the generator provides a signed written certification indicating that the hazardous waste is exempt from the fee.

If the JJB S04570'25_SB579_APS_1 e4ixm2 hazardous waste that is exempt from the fee is required to be listed on a manifest, the certification shall must contain the manifest number of the shipment and the specific fee exemption for which the hazardous waste qualifies.

If the hazardous waste that is exempt from the fee is not required to be listed on a manifest, the certification shall must provide the volume of exempt hazardous waste, the waste code or waste codes of the exempt waste, the date of disposal or solidification, and the specific fee exemption for which the hazardous waste qualifies.

The owner or operator of the landfill or solidification facility shall retain this certification for 4 years from after the date of receipt.

(5) The department or a health department certified pursuant to under section 11145 shall evaluate the accuracy of generator fee exemption certifications and shall take enforcement action against a generator who that files a false certification.

In addition, the department shall take enforcement action to collect fees that are not paid as required by this section.

(6) The landfill owner or operator and the solidification facility 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 must include the following information:

(a) The volume of hazardous waste subject to a fee.

(b) The name of each generator who that was assessed a fee, the generator's identification number, manifest numbers, hazardous waste volumes, and the amount of the fee assessed.

(7) A generator is eligible for a refund from this state of fees paid under this section if the generator documents to the JJB S04570'25_SB579_APS_1 e4ixm2 department, on a form provided by the department, a reduction in the amount of hazardous waste generated as a result of a process change, or a reduction in the amount of hazardous waste disposed of in a landfill, either directly or following solidification at a solidification facility, as a result of a process change or the generator's increased use of source separation, input substitution, process reformulation, recycling, treatment, or an exchange of hazardous waste that results in a utilization of that hazardous waste.

The refund shall must be in the amount of $10.00 per ton, $10.00 per cubic yard, 4 cents per gallon, or 1/2 cent per pound of reduction in the amount of hazardous waste generated or disposed of in a landfill.

A generator is not eligible to receive a refund for that portion of a reduction in the amount of hazardous waste generated that is attributable to a decrease in the generator's level of production of the products that resulted in the generation of the hazardous waste.

(8) A generator seeking that seeks a refund under subsection (7) shall calculate the refund due by comparing hazardous waste generation, treatment, and disposal activity in the calendar year immediately preceding the date of filing with hazardous waste generation, treatment, and disposal activity in the calendar year 2 years prior to before the date of filing.

To be eligible for a refund, a generator shall file a request with the department by not later than June 30 of the year following the year for which the refund is being claimed.

A refund shall must not exceed the total fees paid by the generator to the landfill operator or owner and the solidification facility operator or owner.

A form submitted by the generator as provided for in subsection (7) shall must be certified by the generator or the generator's authorized agent.

JJB S04570'25_SB579_APS_1 e4ixm2 (9) The department shall maintain information regarding the landfill disposal fees received and refunds provided under this section.

(10) The fees collected under this section shall must be forwarded to the state treasurer and deposited in the environmental pollution prevention fund created in section 11130.

Any balance in the waste reduction fund on October 1, 2013 shall not lapse to the general fund but shall be transferred to the environmental pollution prevention fund and the waste reduction fund shall be closed.

Money from in the environmental pollution prevention fund shall must be expended, upon on appropriation, only for 1 or more of the following purposes:

(a) To pay refunds to generators under this section.

(b) To fund programs created under this part, part 143, part 145, or the hazardous materials transportation act, 1998 PA 138, MCL 29.471 to 29.480.

(c) Not more than $500,000.00 to implement section 3103a.

(d) To fund the permit to install program established under section 5505.

(11) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

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 must be proportional.

The fee shall must be JJB S04570'25_SB579_APS_1 e4ixm2 paid within not later than 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 must 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 that remains in the account at the close of the fiscal year shall does not lapse to the general fund.

(6) Money from the TENORM account shall must be expended, upon on 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 JJB S04570'25_SB579_APS_1 e4ixm2 landfill operators to obtain equipment to monitor TENORM radiation.

(7) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fee described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

Sec.

11123.

(1) Unless a person is complying with subsection (8) or a rule promulgated under section 11127(4), a person shall not establish, construct, conduct, manage, maintain, or operate a treatment, storage, or disposal facility within this state without an operating license from the department.

(2) An application for an operating license for a proposed treatment, storage, or disposal facility or the expansion, enlargement, or alteration of a treatment, storage, or disposal facility beyond its original authorized design capacity or beyond the area specified in an existing operating license, original construction permit, or other authorization shall must be submitted on a form provided by the department and contain all of the following:

(a) The name and residence of the applicant.

(b) The location of the proposed treatment, storage, or disposal facility project.

(c) A copy of an actual published notice that the applicant published at least 30 days before submittal of the application in a newspaper having major circulation in the municipality and the immediate vicinity of the proposed treatment, storage, or disposal facility project.

The notice shall must contain a map indicating that indicates the location of the proposed treatment, storage, or disposal facility project and information on the nature and size of JJB S04570'25_SB579_APS_1 e4ixm2 the proposed facility.

In addition, as provided by the department, the notice shall must contain a description of the application review process, the location where the complete application may be reviewed, and an explanation of how copies of the complete application may be obtained.

(d) A written summary of the comments received at the public preapplication meeting required by rule and the applicant's response to the comments, including any revisions to the application.

(e) A determination of existing hydrogeological characteristics specified in a hydrogeological report and monitoring program consistent with rules promulgated under this part.

(f) An environmental assessment.

The environmental assessment shall must include, at a minimum, an evaluation of the proposed facility's impact on the air, water, and other natural resources of this state , and also shall contain an environmental failure mode assessment.

(g) The procedures for closure and postclosure monitoring.

(h) An engineering plan.

(i) Other information specified by rule or by federal regulation issued under the solid waste disposal act.

(j) An application fee.

The application fee shall must be deposited in the environmental pollution prevention fund created in section 11130.

Pursuant to In accordance with procedures established by rule, the application fee shall be is $25,000.00 plus all of the following, as applicable:

(i) For a landfill, surface impoundment, land treatment, or waste pile facility $ 9,000.00 JJB S04570'25_SB579_APS_1 e4ixm2 (ii) For an incinerator or treatment facility other than a treatment facility described in subparagraph (i) $ 7,200.00 (iii) For a storage facility, other than storage that is associated with treatment or disposal activities that may be regulated under a single license $ 500.00 (k) Except as otherwise provided in this subdivision, a disclosure statement that includes all of the following:

(i) The full name and business address of all of the following:

(A) The applicant.

(B) The 5 persons holding the largest shares of the equity in or debt liability of the proposed facility.

The department may waive all or any portion of this requirement for an applicant that is a corporation with publicly traded stock.

(C) The operator.

If a waiver is obtained under sub- subparagraph (B), detailed information regarding the proposed operator shall must be included in the disclosure statement.

(D) If known, the 3 employees of the operator who will have the most responsibility for the day-to-day operation of the facility, including their any previous experience with other hazardous waste treatment, storage, or disposal facilities.

(E) Any other partnership, corporation, association, or other legal entity if any person required to be listed under sub- subparagraphs (A) to (D) has at any time had 25% or more of the equity in or debt liability of that legal entity.

The department may waive all or any portion of this requirement for an applicant that is a corporation with publicly traded stock.

(ii) For each person required to be listed under this JJB S04570'25_SB579_APS_1 e4ixm2 subdivision, a list of all convictions for criminal violations of any statute enacted by a federal, state, Canadian, or Canadian provincial agency if the statute is an environmental statute, if the violation was a misdemeanor committed in furtherance of obtaining an operating license under this part not more than 5 years before the application is filed, or if the violation was a felony committed in furtherance of obtaining an operating license under this part not more than 10 years before the application is filed.

If debt liability is held by a chartered lending institution, information required in this subparagraph and subparagraphs (iii) and (iv) is not required from that institution.

The department shall submit to the legislature a report on the 2014 act that amended this subparagraph, including PA 254 that includes the number of permits denied as a result of that act changes made under 2014 PA 254 and whether this subparagraph should be further amended.

The report shall must cover the 5-year period after the effective date of that act June 30, 2014 and shall must be submitted within not later than 60 days after the expiration of that 5-year period.

The report may be submitted electronically.

(iii) A list of all environmental permits or licenses issued by a federal, state, local, Canadian, or Canadian provincial agency held by each person required to be listed under this subdivision that were permanently revoked because of noncompliance.

(iv) A list of all activities at property owned or operated by each person required to be listed under this subdivision that resulted in a threat or potential threat to the environment and for which public funds were used to finance an activity to mitigate the threat or potential threat to the environment, except if the public funds expended to facilitate the mitigation of environmental JJB S04570'25_SB579_APS_1 e4ixm2 contamination were voluntarily and expeditiously recovered from the applicant or other listed person without litigation.

(l) A demonstration that the applicant has considered each of the following:

(i) The risk and impact of accident during the transportation of hazardous waste to the treatment, storage, or disposal facility.

(ii) The risk and impact of fires or explosions from improper treatment, storage, and disposal methods at the treatment, storage, or disposal facility.

(iii) The impact on the municipality where the proposed treatment, storage, or disposal facility is to be located in terms of health, safety, cost, and consistency with local planning and existing development, including proximity to housing, schools, and public facilities.

(iv) The nature of the probable environmental impact, including the specification of the predictable adverse effects on each of the following:

(A) The natural environment and ecology.

(B) Public health and safety.

(C) Scenic, historic, cultural, and recreational values.

(D) Water and air quality and wildlife.

(m) A summary of measures evaluated to mitigate the impacts identified in subdivision (l) and a detailed description of the measures to be implemented by the applicant.

(n) A schedule for submittal of all of the following postconstruction documentation:

(i) Any changes in, or additions to, the previously submitted disclosure information, or a certification that the disclosure listings previously submitted continue to be correct, following JJB S04570'25_SB579_APS_1 e4ixm2 completion of construction of the treatment, storage, or disposal facility.

(ii) A certification under the seal of a licensed professional engineer verifying that the construction of the treatment, storage, or disposal facility has proceeded according to the plans approved by the department and, if applicable, the approved construction permit, including as-built plans.

(iii) A certification of the treatment, storage, or disposal facility's capability of treating, storing, or disposing of hazardous waste in compliance with this part.

(iv) Proof of financial assurance as required by rule.

(3) If any information required to be included in the disclosure statement under subsection (2)(k) changes or is supplemented after the filing of the statement, the applicant or licensee shall provide that information to the department in writing not later than 30 days after the change or addition.

(4) Notwithstanding any other provision of law, the department may deny an application for an operating license if there are any listings pursuant to under subsection (2)(k)(ii), (iii), or (iv) as originally disclosed or as supplemented.

(5) The application for an operating license for a proposed limited storage facility , which that is subject to the requirements pertaining to storage facilities , shall must be submitted on a form provided by the department and contain all of the following:

(a) The name and residence of the applicant.

(b) The location of the proposed facility.

(c) A determination of existing hydrogeological characteristics specified in a hydrogeological report and JJB S04570'25_SB579_APS_1 e4ixm2 monitoring program consistent with rules promulgated under this part.

(d) An environmental assessment.

The environmental assessment shall must include, at a minimum, an evaluation of the proposed facility's impact on the air, water, and other natural resources of this state , and also shall contain an environmental failure mode assessment.

(e) The procedures for closure.

(f) An engineering plan.

(g) Proof of financial responsibility.

(h) A resolution or other formal determination of the governing body of each municipality in which the proposed limited storage facility would be located indicating that the limited storage facility is compatible with the zoning ordinance of that municipality, if any.

However, in the absence of a resolution or other formal determination, the application shall must include a copy of a registered letter sent to the municipality at least 60 days before the application submittal, indicating the intent to construct a limited storage facility, and requesting a formal determination on whether the proposed facility is compatible with the zoning ordinance of that municipality, if any, in effect on the date the letter is received, and indicating that failure to pass a resolution or make a formal determination within 60 days of after receipt of the letter means that the proposed facility is to be considered compatible with any applicable zoning ordinance.

If, within 60 days of after receiving a registered letter, a municipality does not make a formal determination concerning whether a proposed limited storage facility is compatible with a zoning ordinance of that municipality as in effect on the date the JJB S04570'25_SB579_APS_1 e4ixm2 letter is received, the limited storage facility is considered compatible with any zoning ordinance of that municipality, and incompatibility with a zoning ordinance of that municipality is not a basis for the department to deny the license.

(i) An application fee of $500.00.

The application fee shall must be deposited in the environmental pollution prevention fund created in section 11130.

(j) Other information specified by rule or by federal regulation issued under the solid waste disposal act.

(6) The application for an operating license for a treatment, storage, or disposal facility other than a facility identified in subsection (2) or (5) shall must be made on a form provided by the department and include all of the following:

(a) The name and residence of the applicant.

(b) The location of the existing treatment, storage, or disposal facility.

(c) Other information considered necessary by the department or specified in this section, by rule, or by federal regulation issued under the solid waste disposal act.

(d) Proof of financial responsibility.

An applicant for an operating license for a treatment, storage, or disposal facility that is a surface impoundment, landfill, or land treatment facility shall demonstrate financial responsibility for claims arising from nonsudden and accidental occurrences relating to the operation of the facility that cause injury to persons or property.

(e) A fee of $500.00.

The fee shall must be deposited in the environmental pollution prevention fund created in section 11130.

(7) The department shall establish a schedule for requiring each person subject to subsection (8) to submit an operating JJB S04570'25_SB579_APS_1 e4ixm2 license application.

The department may adjust this schedule as necessary.

Each person subject to subsection (8) shall submit a complete operating license application within not later than 180 days of after the date requested to do so by the department.

(8) A person who that owns or operates a treatment, storage, or disposal facility that is in existence on the effective date of an amendment of this part or of a rule promulgated under this part that renders all or portions of the facility subject to the operating license requirements of this section may continue to operate the facility or portions of the facility that are subject to the operating license requirements until an operating license application is approved or denied if all of the following conditions have been met:

(a) A complete operating license application is submitted within not later than 180 days of after the date requested by the department under subsection (7).

(b) The person is in compliance with all rules promulgated under this part and with all other state laws.

(c) The person qualifies for interim status as defined in the solid waste disposal act, is in compliance with interim status standards established by federal regulation under subtitle C of the solid waste disposal act, 42 USC 6921 to 6939e, 6939g, and has not had interim status terminated.

(9) A person may request to be placed on a department- organized mailing list to be kept informed of any rules, plans, operating license applications, contested case hearings, public hearings, or other information or procedures relating that relate to the administration of this part.

The department may charge a fee to cover the cost of the materials.

JJB S04570'25_SB579_APS_1 e4ixm2 (10) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

Sec.

Until October 1, 2025, the 2029,The the department shall assess a site identification number user charge of $50.00 for each site identification number it the department issues.

(2) Until October 1, 2025, the 2029,The the department shall annually assess hazardous waste management program user charges as follows:

(ii) A generator that generates 1,000 kilograms or more of JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 hazardous waste in any month during the calendar year and that generates less than 900,000 kilograms during the calendar year shall pay to the department an annual handler user charge of $400.00.

JJB S04570'25_SB579_APS_1 e4ixm2 (iii) A generator that generates 1,000 kilograms or more of hazardous waste in any month during the calendar year and that 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.

(5) A handler that fails to provide timely and accurate information, a complete form, or the appropriate handler user JJB S04570'25 (H-3)_SB579_APH_1 c6pz5x 1 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 JJB S04570'25_SB579_APS_1 e4ixm2 delinquent.

JJB(9) S04570'25Beginning (H-3)_SB579_APH_1January c6pz5x1, 2026, and by each January 1 (9)thereafter, Asthe useddepartment shall adjust the amount of the charges described in thissubsections section:(1) and (2) by an amount determined by the state treasurer to reflect the cumulative annual percentage change JJB S04570'25_SB579_APS_1 e4ixm2 in the Detroit Consumer Price Index.

(10) (9) As used in this section:

7 Sec.

11509.

(1) This section and sections 11510 to 11512 apply to disposal areas other than the following:

(a) A solid waste processing and transfer facility described in section 11513(1) or (2).

(b) An incinerator that does not comply with the construction permit and operating license requirements of this subpart, as allowed under section 11540.

(2) A person shall not establish a disposal area except as authorized by a construction permit issued by the department pursuant to under part 13.

A person proposing the establishment of a disposal area shall submit the application for a construction permit to the appropriate local health officer.

However, if the disposal area is located in a county or city that does not have a certified health department, the application shall must be submitted directly to the department.

An application for a construction permit shall must be accompanied by engineering plans.

(3) An application for a construction permit for a landfill shall must be accompanied by an application fee in the following amount:

(a) For a new landfill, the following:

(i) For a type II landfill, $3,000.00.

(ii) Except as provided in subparagraph (iii), for an industrial waste landfill, $2,000.00.

JJB S04570'25_SB579_APS_1 e4ixm2 (iii) For a type III landfill limited to low hazard industrial waste, $1,500.00.

(b) For a lateral expansion of a landfill, the following:

(i) For a type II landfill, $2,000.00.

(ii) Except as provided in subparagraph (iii), for an industrial waste landfill, $1,500.00.

(iii) For a type III landfill limited to low hazard industrial waste, construction and demolition waste, or other nonindustrial waste, $1,000.00.

(c) For a vertical expansion of an existing landfill, the following:

(i) For a type II landfill, $1,500.00.

(ii) Except as provided in subparagraph (iii), for an industrial waste landfill, $1,000.00.

(iii) For an industrial waste landfill limited to low hazard industrial waste, construction and demolition waste, or other nonindustrial waste, $500.00.

(d) For a new coal ash impoundment, $1,000.00.

(e) For a lateral or vertical expansion of a coal ash impoundment, $750.00.

(4) An application for a construction permit for a disposal area that is not a landfill shall must be accompanied by an application fee in the following amount:

(a) For a new disposal area for municipal solid waste, or a combination of municipal solid waste and waste listed in subdivision (b), $2,000.00.

(b) For a new disposal area for industrial waste, or construction and demolition waste, $1,000.00.

(c) For the expansion of an existing disposal area for any JJB S04570'25_SB579_APS_1 e4ixm2 type of waste, $500.00.

(5) If an application is returned to the applicant as administratively incomplete, the applicant may, within not later than 1 year after the application is returned, resubmit the application, together with the additional information as needed to address the reasons for being incomplete, without paying an additional application fee.

If a permit is denied or an application is withdrawn, an applicant for a construction permit, within not later than 1 year after the permit denial or application withdrawal, may resubmit the application, together with the additional information as needed to address the reasons for denial or withdrawal, without paying an additional application fee.

(6) Subject to section 11510(2)(d), an application for a modification to a construction permit or for renewal of a construction permit that has expired shall must be accompanied by a fee of $500.00.

(7) A person may apply for a single permit to construct more than 1 type of disposal area at the same facility.

A person who that applies to permit more than 1 type of disposal area at the same facility shall pay a fee equal to the sum of the applicable fees listed in this section for each type of disposal area.

(8) The department shall deposit permit application fees collected under this section in the solid waste staff account of the solid waste management fund.

(9) The department shall not approve an application for a construction permit for a new type II landfill that is not contiguous to an already permitted type II landfill or for a new municipal solid waste incinerator unless the approval is requested by the county board of commissioners and the department determines JJB S04570'25_SB579_APS_1 e4ixm2 that the landfill or incinerator is needed for the planning area.

The county board of commissioners' request shall must include a demonstration that materials utilization options have been exhausted.

The department's determination of need shall must be based on public health, solid waste disposal capacity, and economic issues that would arise without the new site.

(10) Beginning January 1, 2026, and by each January 1 thereafter, the department shall adjust the amount of the fees described in this section by an amount determined by the state treasurer to reflect the cumulative annual percentage change in the Detroit Consumer Price Index.

(11) (10) As used in this section, "contiguous" means either of the following:

(a) On the same property.

The property may be divided by either of the following:

(i) The boundary of a local unit of government.

(ii) A public or private right-of-way if access to and from the right-of-way for each piece of the property is opposite the access for the other piece of the property so that movement between the 2 pieces of the property is by crossing the right-of-way.

(b) On 2 or more properties owned by the same person if the properties are connected by a right-of-way that the owner controls and to which the public does not have access.

Sec.

11512.

(1) This section applies to disposal areas as provided in section 11509(1).

(2) A person shall not dispose of solid waste at a disposal area unless the disposal area is licensed under this section.

However, a person authorized by state law or rules promulgated by the department to do so may dispose of the solid waste at the site JJB S04570'25_SB579_APS_1 e4ixm2 of generation.

Waste placement in existing landfill units shall must be consistent with past operating practices or modified practices to ensure good management.

(3) Except as otherwise provided in this section, a person shall not conduct, manage, maintain, or operate a disposal area except as authorized by an operating license issued by the department pursuant to under part 13.

The owner or operator of the disposal area shall submit a license application to the department through a certified health department.

Existing coal ash impoundments are exempt from the licensing requirements of this part through December 28, 2020.

If the disposal area is located in a county or city that does not have a certified health department, the application shall must be made directly to the department.

A person authorized by part 115 to operate more than 1 type of disposal area at the same facility may apply for a single license.

(4) An applicant for a license for a type II or type III landfill shall submit evidence of financial assurance that meets the requirements of section 11523a, the maximum waste slope in the active portion, an estimate of remaining permitted capacity, and documentation of the amount of waste received at the disposal area during the previous license period or expected to be received, whichever is greater.

(5) An application for a license for a disposal area other than an existing coal ash impoundment shall must include a certification under the seal of a licensed professional engineer verifying that the construction of the disposal area has proceeded according to the approved plans.

An applicant for a license for an existing coal ash impoundment shall submit with the application documentation in the applicant's possession or control regarding JJB S04570'25_SB579_APS_1 e4ixm2 the construction of the impoundment.

If construction of a portion of a landfill is not complete, the owner or operator shall submit additional construction certification of that portion of the landfill under section 11516(3).

(6) An applicant for an operating license, within not later than 6 months after a license denial, may resubmit the application, together with additional information or corrections as are necessary to address the reason for denial, without being required to pay an additional application fee.

(7) To conduct tests and assess operational capabilities, the owner or operator of a municipal solid waste incinerator that is designed to burn at a temperature in excess of 2500 degrees Fahrenheit may operate the incinerator without an operating license, upon notice to the department, for a period not to exceed 60 days.

(8) The application for a type II landfill operating license shall must be accompanied by the following fee for the 5-year term of the operating license, subject to subsection (9):

(a) Landfills receiving less than 100 tons per day, $500.00.

(b) Landfills receiving 100 tons per day or more, but less than 250 tons per day, $1,500.00.

(c) Landfills receiving 250 tons per day or more, but less than 500 tons per day, $4,000.00.

(d) Landfills receiving 500 tons per day or more, but less than 1,000 tons per day, $6,500.00.

(e) Landfills receiving 1,000 tons per day or more, but less than 1,500 tons per day, $12,500.00.

(f) Landfills receiving 1,500 tons per day or more, but less than 3,000 tons per day, $22,500.00.

JJB S04570'25_SB579_APS_1 e4ixm2 (g) Landfills receiving more than 3,000 tons per day, $33,000.00.

(9) Type II landfill application fees shall must be based on the average amount of waste in tons projected to be received daily during the license period.

Application fees for license renewals shall must be based on the average amount of waste received daily in the previous calendar year based on a 365-day calendar year.

Application fees shall must be adjusted in the following circumstances:

(a) If a landfill accepts more than the amount of waste on which the application fee was based, a supplemental fee equal to the difference shall must be submitted with the next license application.

(b) If a landfill accepts less than the amount of waste on which the application fee was based, the department shall credit the applicant an amount equal to the difference with the next license application.

(c) A landfill used exclusively for municipal solid waste incinerator ash that measures waste by volume rather than weight shall pay a fee based on 1 cubic yard per ton.

(10) The operating license application for a type III landfill shall must be accompanied by a fee of $5,000.00.

(11) An application for an operating license for a coal ash landfill shall must be accompanied by a fee of $13,000.00.

By the anniversary of the issuance of the operating license, while the operating license remains in effect, the coal ash landfill owner or operator shall pay the department a fee of $13,000.00.

If the anniversary of the issuance of the operating license falls on a legal holiday, the annual fee shall must be paid by the next JJB S04570'25_SB579_APS_1 e4ixm2 business day.

(12) An application for an operating license by a coal ash impoundment shall must be accompanied by a fee of $13,000.00.

On the anniversary of the issuance of the operating license, while the operating license remains in effect, the coal ash impoundment owner or operator shall pay the department a fee of $13,000.00.

If the anniversary of the issuance of the operating license falls on a legal holiday, the annual fee shall must be paid on the next business day.

(13) The department shall deposit the fees collected under subsections (11) and (12) in the coal ash care fund created in section 11550.

(14) Upon receipt of a license application for either a coal ash impoundment or a coal ash landfill, the department shall do all of the following: