Hazardous Waste User Charges and Invoice Packets

User Charges 

The hazardous waste user charges 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: https://www.legislature.mi.gov/. 

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 Environment, Great Lakes, and Energy (EGLE) to develop a proposal for replacement fees.  EGLE 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 processing manifests*, and an annual handler 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 EGLE issues a site identification number.  EGLE form EQP 5150 is completed by the handler when initially notifying EGLE 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. 

EGLE 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. 

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, re-refiner, 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. 

EGLE 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. 

FAQs on the Hazardous Waste TSDF User Charge 

Manifest Processing User Charge 

*Under the federal e-manifest regulations that went into effect on June 30, 2018, EGLE’s role in processing manifests will change.  EGLE will not be processing manifests dated on or after June 30, 2018.  As such, the annual assessment referenced below for the 2018 calendar year will only contain manifest processing user charges for manifests dated January 1 to June 29, 2018.

Annual Assessments 

EGLE will send assessments for the handler and manifest processing user charges, in the form of an annual user charge invoice packet, to each hazardous waste handler by March 30th of each year. 

The invoice packet 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 EGLE 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.  EGLE 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: 

• Regulatory impact analyses 
• Freedom of Information Act Requests 
• Hazardous waste generation trend analyses 
• Hazardous waste import and export trend analyses 
• Hazardous waste program permitting, closure,  corrective action, and compliance inspection planning 

Liquid Industrial By-Products (formerly Liquid Industrial Waste)

Michigan regulates the transportation of liquid industrial by-products pursuant to Part 121, Liquid Industrial By-products, of Act 451.  Liquid industrial by-products handlers must pay the one-time user charge for obtaining a site identification number. 

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.  EGLE may also initiate enforcement action, subjecting the handler to additional penalties under Part 111 of Act 451.  

Forms and Instructions 

• Michigan Site Identification Form and Directions EQP5150:  The form must be submitted for certain facilities under Part 111, Hazardous Waste Management (Part 111) and Part 121, Liquid Industrial By-Products (formerly Liquid Industrial Waste) (Part 121) of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451 (Act 451), as amended, Subtitle C of the Federal Resource Conservation and Recovery Act (RCRA), and the rules thereunder. 
  • EQP5150 - Michigan Site Identification Form (directions not included)  - Revised 1/2019
• Manifest Form Instructions 
• Hazardous Waste User Charge Invoice Packet Supplementary Instructions - Revised 3/2015

Additional Information 

For additional information about the user charges, please call 800-662-9278, or E-mail: EGLE-HWUSERCHARGES@michigan.gov The volume of calls and/or emails may prohibit staff from responding to your request immediately.