SENATE BILL No. 1202

April 6, 2000, Introduced by Senator DE BEAUSSAERT 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 sewage that has not received all treat-

2 ment that is available and utilized under ordinary dry weather

3 conditions is discharged from a combined sewer system into the

4 waters of the state, the municipality responsible for the dis-

5 charge shall immediately, but not more than 24 hours after the

6 discharge begins, notify the department; local health departments

7 as defined in section 1105 of the public health code, 1978 PA

8 368, MCL 333.1105; a daily newspaper of general circulation in

9 the county or counties in which a municipality notified pursuant

10 to subsection (4) (3) is located; and a daily newspaper of

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1 general circulation in the county in which the municipality

2 responsible for the discharge is located of all of the

3 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 of the discharge as measured pursuant to pro-

9 cedures approved by the department.

10 (ii) The reason for the discharge.

11 (iii) The time the discharge began and ended as measured

12 pursuant to procedures approved by the department.

13 (iv) Verification that the municipality is in full compli-

14 ance with the requirements of its national pollutant discharge

15 elimination system permit.

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

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

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

19 shall provide the test results to the affected local county

20 health departments. The testing shall be done at locations spec-

21 ified by each affected local county health department but shall

22 not exceed 10 tests for each separate discharge event. The

23 requirement for this testing may be waived by the affected local

24 county health department if the affected local county health

25 department determines that such testing is not needed to assess

26 the risk to the public health as a result of the discharge

27 event.

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

2 that may discharge untreated sewage into the waters of the state

3 shall annually contact OTHER municipalities whose JURISDICTIONS

4 CONTAIN waters THAT may be affected by such THE discharges. ,

5 and if IF those contacted municipalities wish to be notified in

6 the same manner as provided in subsection (1), the municipality

7 operating the combined sewer system shall provide that

8 notification.

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

10 untreated sewage from a combined sewer system into the waters

11 of the state shall comply with the requirements of its national

12 pollutant discharge elimination system permit.

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

14 untreated sewage into the waters of the state or limit the state

15 from bringing legal action as otherwise authorized by this part.

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

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

18 contains lawfully installed regulators and control devices that

19 allow for delivery of sanitary flow to treatment during dry

20 weather periods and divert storm water and sanitary sewage to

21 surface waters during storm flow periods.

22 (6) (7) The penalties and fines provided for in

23 section 3115 apply to a violation of this section.

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