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Hazardous Waste User Charges and Invoice Packets2012 Hazardous Waste User Charge Invoice Packet mailings were delayed. As a result, the deadline for user charge payments has been extended to May 17, 2013.
New User Charges
User charges for hazardous waste handlers were effective in Michigan on October 1, 2002. The user charges are established under Part 111, Hazardous Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451), which underwent revision pursuant to PA 403 of 2008, with an effective date for the revisions of January 5, 2009. The statute is available on the Internet at:
Basis for User Charges
The user charges were developed to replace the revenues that were lost when Michigan adopted the uniform state hazardous materials transportation registration and permit program (Uniform Program) in 1998. Under the Uniform Program, license fees for transporters became apportioned among the participating states. The net effect in Michigan was a loss of $1.6 million in license revenue that had gone to support the hazardous waste program.
When the Michigan Legislature adopted the Uniform Program, it required the Michigan Department of Environmental Quality (MDEQ) to develop a proposal for replacement fees. The MDEQ developed its proposal for replacement fees by working with a stakeholders group comprised of representatives of environmental organizations and the regulated community. The work group recommended a combination of user charges that are equitable, broad-based, reliable and enforceable, and easy to pay and collect: a one-time user charge for the issuance of a site identification number; a user charge for manifests, and an annual user charge for certain hazardous waste activities. The new user charges under Part 111 of Act 451 are consistent with the work group's recommendation.
User Charge for Obtaining a Site Identification Number
The user charge for obtaining a site identification number will be collected before the MDEQ issues a site identification number. The MDEQ form EQP 5150 is completed by the handler when initially notifying the MDEQ of hazardous waste activity at the site and applying for the site identification number (e.g., MIR 000 000 000). Effective October 1, 2002, all EQP 5150 forms submitted for this initial notification must be accompanied by payment of the $50.00 user charge and the taxpayer identification number of the handler. Subsequent notifications (e.g., to change generator status) using the EQP 5150 form will not require the $50.00 user charge. Handlers who already have a site identification number will not be assessed the $50 charge for the use of that number.
Annual Handler User Charge
The handler user charges will be assessed and collected once each year. The first assessment of the handler user charges will be sent to the handlers by March 30th. The annual handler user charges are as follows:
The handler user charges are additive, except that only one of the charges based on hazardous waste generation would apply. The maximum handler user charges would be $3,100.00 for a handler who generated 900,000 kg or more of hazardous waste, who also processed used oil, and who also operated as a licensed treatment, storage, or disposal facility during the previous calendar year.
$1,000.00 + $100.00 + $2,000.00 = $3,100.00
The handler user charges are based on previous calendar year activity.
The MDEQ will use manifest, monthly operating report, biennial report, and site identification information in the Waste Data System (WDS) to calculate the annual handler user charges.
Note that the determination of whether the small quantity or large quantity generation user charge applies rests on the highest level of activity in any one month during the calendar year. For example, a handler who was a large quantity generator in one month and then a small quantity generator for the other eleven months would be assessed the large quantity generation user charge of $400.00 for that year. Similarly, a handler who manages used oil (used oil processor, rerefiner, burner, or used oil fuel marketer) or who is a treatment, storage, or disposal facility at any time during the calendar year will be assessed the user charge for that activity.
The MDEQ may suspend the assessment and collection of the handler user charges from year to year if a substantial surplus develops in the account used to fund the hazardous waste program.
Manifest Processing User Charge
The manifest processing user charge will be assessed and collected once each year. The first assessment of the manifest processing user charge will be sent to handlers by March 30th for manifests processed during the previous calendar year, and for this invoice cycle only manifests processed during the months of October-December 2007 that were not captured on the previous cycle's invoice.
This manifest user charge differs slightly from the one proposed by the stakeholders work group in that it is a charge for processing a manifest rather than for obtaining the manifest form. This change from the original proposal was prompted by tentative changes to manifesting requirements at the federal level. It is very likely that federal transportation rules will preempt the states from requiring state-specific manifest forms. Michigan will be unable to require the use of its uniform hazardous waste manifest and therefore unable to collect a user charge for the manifest itself. The legislation was written so that the MDEQ will charge for the processing of the manifest, regardless of the type of form used. Note that Michigan will continue to charge a nominal amount for the manifest form to cover the printing and distribution costs. When the federal manifest requirements become effective, federal manifests will be available from a variety of authorized sources, and the MDEQ will likely discontinue distributing its own form.
The MDEQ had set the manifest processing user charge at $6.00 per manifest. However annual revenues from all user charges fell short of the target of $1.6 million, and the MDEQ raised the manifest processing user charge up to a maximum of $8.00.
The MDEQ processes all manifests for hazardous waste shipments. Data from the duplicate copies of the manifests is entered into the WDS. This manifest information in the WDS will be used to determine the total number of manifests that were initiated by each handler during the previous calendar year. The MDEQ will then calculate the manifest processing user charge by multiplying that total by $6.00 (or an adjusted rate, not to exceed $8.00 per manifest).
The MDEQ will send assessments for the handler and manifest processing user charges to each hazardous waste handler by March 30th of each year.
The annual user charges assessment form that will be sent to each handler will include an itemized statement of the user charges and the basis for them. The handler will be required to make any necessary corrections and to certify that the information on the form is accurate. The certified form and appropriate payment must be submitted to the MDEQ by April 30th of each year.
Ancillary Benefits of the User Charges Collection System
While the primary objective of the user charges is to fund the hazardous waste program, there will be ancillary benefits due to how the user charges are collected. The MDEQ will use the WDS to calculate the user charges. The data in the WDS is based on information supplied and certified by the handlers. Once each year the handlers will be making corrections to that data. This annual data "cleanup" should produce a much more accurate database that is used for the following:
Liquid Industrial Wastes
Michigan regulates the transportation of liquid industrial wastes pursuant to Part 121, Liquid Industrial Wastes, of Act 451. The user charges will impact liquid industrial waste handlers in two ways:
Penalties for Nonpayment
Handlers who fail to provide timely payment of the required user charges will be automatically subject to administrative fines of up to 25% of the delinquent amount. The MDEQ may also initiate enforcement action, subjecting the handler to additional penalties under Part 111 of Act 451.
Forms and Instructions
For additional information about the user charges, please call 517-335-5318, or E-mail: DEQ-HWUSERCHARGES@michigan.gov The volume of calls and/or emails may prohibit staff from responding to your request immediately.
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