Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2416 - Reporting; fees; biosolids land application fund; creation

Current through Vol. 24-12, July 15, 2024
Rule 2416.
(1)
				  Beginning in state fiscal year 1998, an annual biosolids land application fee
				  is imposed upon biosolids generators and biosolids distributors. The biosolids
				  land application fee is an amount equal to the sum of an administrative fee and
				  a generation fee.The administrative fee is $400.00 for each biosolids generator
				  or distributor that land applies. The department shall set the generation fee
				  as provided by subrule (2) of this rule. The department shall set the
				  generation fee so that the annual cumulative total of the biosolids land
				  application fee to be paid in a state fiscal year is, as near as possible,
				  $650,000.00 minus the amount in the fund created under subrule (5) of this rule
				  carried forward from the immediately preceding state fiscal year. Starting with
				  fees to be paid in state fiscal year 1999, the department shall adjust the
				  $650,000.00 amount annually for inflation using the Detroit consumer price
				  index.
(2) Each biosolids generator
				  and biosolids 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 biosolids it generated or the number of dry tons of biosolids in
				  derivatives it distributed that were applied to land in the state of Michigan
				  in the state fiscal year. A biosolids generator that does not land apply shall
				  report zero. A biosolids generator located in the state of Michigan that land
				  applies outside the state of Michigan will be assessed only an administrative
				  fee and a fee for biosolids that are land applied in the state of Michigan. 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 biosolids applied to land or in derivatives applied to land in the
				  state of Michigan in the immediately preceding state fiscal year. The
				  department shall notify each biosolids generator and biosolids distributor of
				  the generation fee on a per dry ton basis.
(3) A generator or distributor that
				  land-applied biosolids or a derivative to land within the state at any time
				  during the previous state fiscal year shall report to the department the
				  information required in R 323.2413(3) to (8), except R 323.2413(6)(b), (7)(b),
				  and (8)(b), on or before October 30.
(4) By January 31 of each state fiscal year,
				  each biosolids generator or biosolids distributor shall pay its biosolids land
				  application fee. The biosolids generator or biosolids distributor shall
				  determine the amount of its biosolids land application fee by multiplying the
				  number of dry tons of biosolids that it reported under subrule (2) of this rule
				  by the generation fee and adding the administrative fee.
(5) The department of environmental quality
				  shall assess interest on all fee payments submitted under this rule 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 that the payment remains past
				  due. The failure by a person to pay a fee imposed by this rule in a timely
				  manner is a violation of this part.
(6) The biosolids land application fund is
				  created in the state department of treasury. The department of environmental
				  quality shall forward all fees collected under this rule 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. The department of environmental
				  quality shall carry an unexpended balance within the fund at the close of the
				  state fiscal year forward to the following state fiscal year. The department of
				  environmental quality shall ensure that the fund is allocated solely for the
				  administration of this rule and sections 3131 and 3133 of the act, including,
				  but not limited to, education of the farmers, biosolids generators, biosolids
				  distributors, and the general public about land application of biosolids and
				  derivatives and the requirements of this rule and sections 3131 and 3133 of the
				  act. The director of the department may contract with a nonprofit educational
				  organization to administer the educational components of this rule. The state
				  department of treasury shall allocate 10% of the fund to the department of
				  agriculture to provide persons involved in or affected by land application of
				  biosolids or derivatives with education and technical assistance relating to
				  land application of biosolids or derivatives.