SENATE BILL No. 1201

April 5, 2000, Introduced by Senators JOHNSON, SIKKEMA, BULLARD, EMMONS and

JAYE and referred to the Committee on Natural Resources and Environmental Affairs.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 3112a (MCL 324.3112a), as amended by 1998

PA 3.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 3112a. (1) If UNTREATED sewage that has not received

2 all treatment that is available and utilized under ordinary dry

3 weather conditions OR PARTIALLY TREATED SEWAGE is discharged

4 from a combined sewer system into the waters of the state, the

5 municipality responsible for the discharge shall immediately, but

6 not more than 24 hours after the discharge begins, notify the

7 department; local health departments as defined in section 1105

8 of the public health code, 1978 PA 368, MCL 333.1105; a daily

9 newspaper of general circulation in the county or counties in

10 which a municipality notified pursuant to subsection (4) (3)

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1 is located; and a daily newspaper of general circulation in the

2 county in which the municipality responsible for the discharge is

3 located of all of the following:

4 (a) Promptly after the discharge starts, that the discharge

5 is occurring.

6 (b) At the conclusion of the discharge, in writing, all of

7 the following:

8 (i) The amount VOLUME AND QUALITY of the discharge as mea-

9 sured pursuant to procedures AND ANALYTICAL METHODS approved by

10 the department.

11 (ii) The reason for the discharge.

12 (iii) THE WATERS OR LAND AREA, OR BOTH, RECEIVING THE

13 DISCHARGE.

14 (iv) (iii) The time the discharge began and ended as mea-

15 sured pursuant to procedures approved by the department.

16 (v) (iv) Verification that the municipality is in full

17 compliance with the requirements of its national pollutant dis-

18 charge elimination system permit AND APPLICABLE STATE AND FEDERAL

19 STATUTES, RULES, AND ORDERS.

20 (2) Each time a discharge occurs under subsection (1), the

21 permittee shall test the affected waters for E. coli to assess

22 the risk to the public health as a result of the discharge and

23 shall provide the test results to the affected local county

24 health departments AND TO THE DEPARTMENT. The testing shall be

25 done at locations specified by each affected local county health

26 department but shall not exceed 10 tests for each separate

27 discharge event. The requirement for this testing may be waived

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1 by the affected local county health department if the affected

2 local county health department determines that such testing is

3 not needed to assess the risk to the public health as a result of

4 the discharge event.

5 (3) A municipality that operates a combined sewer system

6 that may discharge untreated sewage OR PARTIALLY TREATED SEWAGE

7 into the waters of the state shall annually contact OTHER munici-

8 palities whose JURISDICTIONS CONTAIN waters THAT may be affected

9 by such THE discharges. , and if IF those contacted munici-

10 palities wish to be notified in the same manner as provided in

11 subsection (1), the municipality operating the combined sewer

12 system shall provide that notification.

13 (4) A municipality that is responsible for a discharge of

14 untreated sewage OR PARTIALLY TREATED SEWAGE from a combined

15 sewer system into the waters of the state shall comply with the

16 requirements of its national pollutant discharge elimination

17 system permit AND APPLICABLE STATE AND FEDERAL STATUTES, RULES,

18 AND ORDERS.

19 (5) This section does not authorize the discharge of

20 untreated sewage OR PARTIALLY TREATED SEWAGE into the waters of

21 the state or limit the state from bringing legal action as other-

22 wise authorized by this part.

23 (6) "Combined sewer system" means a sewer designed and used

24 to convey both storm water runoff and sanitary sewage, and which

25 contains lawfully installed regulators and control devices that

26 allow for delivery of sanitary flow to treatment during dry

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1 weather periods and divert storm water and sanitary sewage to

2 surface waters during storm flow periods.

3 (6) (7) The penalties and fines provided for in

4 section 3115 apply to a violation of this section.

5 (7) AS USED IN THIS SECTION:

6 (A) "PARTIALLY TREATED SEWAGE" MEANS ANY SEWAGE, SEWAGE AND

7 STORM WATER, OR SEWAGE AND WASTEWATER, FROM DOMESTIC OR INDUS-

8 TRIAL SOURCES THAT IS NOT TREATED TO NATIONAL SECONDARY TREATMENT

9 STANDARDS FOR WASTEWATER OR THAT IS TREATED TO A LEVEL LESS THAN

10 THAT REQUIRED BY THE MUNICIPALITY'S NATIONAL POLLUTANT DISCHARGE

11 ELIMINATION SYSTEM PERMIT.

12 (B) "SEWER SYSTEM" MEANS A SEWER SYSTEM DESIGNED AND USED TO

13 CONVEY SANITARY SEWAGE OR STORM WATER, OR BOTH.

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