HOUSE BILL No. 4095


     January 31, 2001, Introduced by Reps. Switalski, Kolb, Lockwood and Minore and referred to the Committee on Land Use and Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 3112a (MCL 324.3112a), as amended by 2000

   PA 286.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 3112a.  (1) If untreated sewage or partially treated

 2
      sewage is discharged from a sewer system onto land or into the

 3
      waters of the state, the municipality responsible for the dis-

 4
      charge shall immediately, but not more than 24 hours after the

 5
      discharge begins, notify the department; local health departments

 6
      as defined in section 1105 of the public health code, 1978

 7
      PA 368, MCL 333.1105; a daily newspaper of general circulation in

 8
      the county or counties in which a municipality notified pursuant

 9
      to subsection  (3)  (4) is located; and a daily newspaper of

10
      general circulation in the county in which the municipality


   00931'01                                                 JCB                                   2

 1
      responsible for the discharge is located of all of the

 2
      following:

 3
           (a) Promptly after the discharge starts, by telephone or in

 4
      another manner required by the department, that the discharge is

 5
      occurring.

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

 7
      another manner required by the department, all of the following:

 8
           (i) The volume and quality of the discharge as measured pur-

 9
      suant to procedures and analytical methods approved by the

10
      department.

11
           (ii) The reason for the discharge.

12
           (iii) The waters or land area, or both, receiving the

13
      discharge.

14
           (iv) The time the discharge began and ended as measured pur-

15
      suant to procedures approved by the department.

16
           (v) Verification of the municipality's compliance status

17
      with the requirements of its national pollutant discharge elimi-

18
      nation system permit and applicable state and federal statutes,

19
      rules, and orders.

20
           (2) Upon being notified of a discharge under subsection (1),

21
      the department shall promptly post the notification on its

22
      website.

23
           (3) Each time a discharge occurs under subsection (1), the

24
      permittee shall test the affected waters for E. coli to assess

25
      the risk to the public health as a result of the discharge and

26
      shall provide the test results to the affected local county

27
      health departments and to the department.  The testing shall be



   00931'01                                   3

 1
      done at locations specified by each affected local county health

 2
      department but shall not exceed 10 tests for each separate dis-

 3
      charge event.  The requirement for this testing may be waived by

 4
      the affected local county health department if the affected local

 5
      county health department determines that such testing is not

 6
      needed to assess the risk to the public health as a result of the

 7
      discharge event.

 8
           (4) A municipality that operates a sewer system that may

 9
      discharge untreated sewage or partially treated sewage into the

10
      waters of the state shall annually  contact  DO BOTH OF THE

11
      FOLLOWING:

12
           (A) CONTACT other municipalities whose jurisdictions contain

13
      waters that may be affected by the discharges.  If those con-

14
      tacted municipalities wish to be notified in the same manner as

15
      provided in subsection (1), the municipality operating the sewer

16
      system shall provide that notification.

17
           (B) BY FEBRUARY 1, PROVIDE, TO EACH ENTITY THAT IS REQUIRED

18
      TO BE NOTIFIED UNDER SUBSECTION (1) AND EACH MUNICIPALITY THAT

19
      DESIRES TO BE NOTIFIED UNDER SUBDIVISION (A), AN ANNUAL REPORT

20
      THAT SUMMARIZES THE INFORMATION REPORTED UNDER SUBSECTION (1)

21
      DURING THE PREVIOUS CALENDAR YEAR.

22
           (5) A municipality that is responsible for a discharge of

23
      untreated sewage or partially treated sewage from a sewer system

24
      into the waters of the state shall comply with the requirements

25
      of its national pollutant discharge elimination system permit and

26
      applicable state and federal statutes, rules, and orders.





   00931'01                                   4

 1
           (6) This section does not authorize the discharge of

 2
      untreated sewage or partially treated sewage into the waters of

 3
      the state or limit the state from bringing legal action as other-

 4
      wise authorized by this part.

 5
           (7) The penalties and fines provided for in section 3115

 6
      apply to a violation of this section.

 7
           (8) As used in this section:

 8
           (a) "Partially treated sewage" means any sewage, sewage and

 9
      storm water, or sewage and wastewater, from domestic or indus-

10
      trial sources that is not treated to national secondary treatment

11
      standards for wastewater or that is treated to a level less than

12
      that required by the municipality's national pollutant discharge

13
      elimination system permit.

14
           (b) "Sewer system" means a sewer system designed and used to

15
      convey sanitary sewage or storm water, or both.



























   00931'01          Final page.                            JCB