R 323.2416 Reporting; fees; biosolids land application fund; creation.

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.