HOUSE BILL No. 4996


     June 28, 2001, Introduced by Reps. Kolb, Neumann, Jacobs, Rivet, Hansen, Bogardus, Rich Brown, Minore, McConico, Garza, Whitmer and
Lemmons and referred to the Committee on Land Use and Environment.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding sections 1511, 1512, 1513,

   1514, and 1515.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 1511.  AS USED IN SECTIONS 1512 TO 1515:

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           (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

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      QUALITY.

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           (B) "SUPPLEMENTAL ENVIRONMENTAL PROJECT" MEANS A PROJECT OR

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      ACTION CARRIED OUT BY OR ON BEHALF OF A PERSON, IN RESPONSE TO AN

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      ENFORCEMENT ACTION BY THE DEPARTMENT, WHICH BENEFITS THE

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      ENVIRONMENT.

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           (C) "VIOLATION" MEANS A VIOLATION OF A PART OF THIS ACT THAT

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      IS ADMINISTERED BY THE DEPARTMENT.




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           SEC. 1512.  (1) IN ENFORCING OR SETTLING A VIOLATION, THE

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      DEPARTMENT SHALL ENSURE THAT THE ECONOMIC BENEFITS OF THE

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      VIOLATION DO NOT EXCEED THE MONETARY VALUE OF THE PENALTIES AND

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      OTHER RELIEF IMPOSED FOR THE VIOLATION.

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           (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IN

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      ENFORCING OR SETTLING A VIOLATION, IF THE FINES, PENALTIES, AND

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      REMEDIES OTHERWISE PROVIDED FOR IN THIS ACT DO NOT EXCEED THE

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      ECONOMIC BENEFITS OF THE VIOLATION, THE DEPARTMENT SHALL REQUIRE

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      THE VIOLATOR TO UNDERTAKE 1 OR MORE SUPPLEMENTAL ENVIRONMENTAL

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      PROJECTS IF THE DEPARTMENT MAKES A SPECIFIC FINDING, SUPPORTED BY

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      CREDIBLE EVIDENCE, OF THE MONETARY VALUE OF THE SUPPLEMENTAL

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      ENVIRONMENTAL PROJECT OR PROJECTS.

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           SEC. 1513.  (1) THE DEPARTMENT SHALL IMPLEMENT A PROGRAM OF

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      COMPLIANCE INSPECTION, MONITORING, AND ENFORCEMENT WITH RESPECT

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      TO PERMITS AND LICENSES ISSUED BY THE DEPARTMENT.  AS PART OF

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      THIS PROGRAM, EACH YEAR THE DEPARTMENT SHALL CONDUCT A COMPLIANCE

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      INSPECTION OF AT LEAST 33% OF ALL UNEXPIRED PERMITS AND LICENSES

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      THAT HAVE BEEN ISSUED BY THE DEPARTMENT, INCLUDING AT LEAST 50%

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      OF THE 100 MOST ENVIRONMENTALLY SIGNIFICANT PERMITS OR LICENSES

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      FOR EACH CATEGORY OF PERMITS OR LICENSES, AS DETERMINED BY THE

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      DEPARTMENT.  AT LEAST 50% OF THE COMPLIANCE INSPECTIONS CONDUCTED

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      BY THE DEPARTMENT SHALL BE UNANNOUNCED AND SHALL INCLUDE INDEPEN-

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      DENT SAMPLING AND ANALYSIS BY THE DEPARTMENT OR A PERSON WHO IS

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      NOT AFFILIATED WITH THE PERMITTEE OR LICENSEE.

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           (2) BEGINNING 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SEC-

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      TION, THE DEPARTMENT SHALL PUBLISH AND UPDATE THE FOLLOWING

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      LISTS:



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           (A) A VIOLATORS LIST THAT IDENTIFIES THE NAME OF EACH

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      PERMITTEE OR LICENSEE WHO, DURING THE PRECEDING 5 YEARS, HAS BEEN

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      DETERMINED BY THE DEPARTMENT OR A COURT AS HAVING 2 OR MORE SIG-

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      NIFICANT PERMIT OR LICENSE VIOLATIONS OR HAS BEEN CONVICTED OF A

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      CRIME FOR A PERMIT OR LICENSE VIOLATION.

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           (B) A COMPLIANCE LIST THAT IDENTIFIES THE NAMES OF EACH PER-

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      MITTEE OR LICENSEE WHO HAS BEEN IN FULL COMPLIANCE WITH HIS OR

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      HER PERMIT OR LICENSE DURING THE PRECEDING 5 YEARS.  THE LIST

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      SHALL ALSO IDENTIFY THE MOST RECENT DATE IN WHICH THE DEPARTMENT

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      HAS CONDUCTED A COMPLIANCE INSPECTION OF THE FACILITY SUBJECT TO

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      THE PERMIT OR LICENSE.

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           (3) WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,

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      THE DEPARTMENT OF MANAGEMENT AND BUDGET SHALL PROMULGATE RULES

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      PROVIDING THAT, TO THE EXTENT ALLOWED BY LAW, PERSONS LISTED ON

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      THE VIOLATORS LIST UNDER SUBSECTION (2)(A) SHALL BE PROHIBITED

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      FROM RECEIVING ANY STATE CONTRACT AS LONG AS THEY REMAIN ON THE

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      VIOLATORS LIST.  THE RULES SHALL ALSO PROVIDE THAT A PERSON

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      LISTED ON THE COMPLIANCE LIST UNDER SUBSECTION (2)(B) SHALL BE

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      PREFERRED TO RECEIVE A STATE CONTRACT FOR WHICH THEY HAVE APPLIED

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      AND ARE OTHERWISE ELIGIBLE AS LONG AS THEY REMAIN ON THE COMPLI-

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      ANCE LIST.

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           (4) THE DEPARTMENT MAY PROMULGATE RULES TO ESTABLISH CRI-

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      TERIA FOR DETERMINING SIGNIFICANT PERMIT OR LICENSE VIOLATIONS

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      UNDER SUBSECTION (2).

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           SEC. 1514.  WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF THIS

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      SECTION, THE DEPARTMENT SHALL ANNUALLY FURNISH TO THE SENATE AND

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      HOUSE APPROPRIATIONS COMMITTEES AND THE COMMITTEES OF THE SENATE



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      AND HOUSE OF REPRESENTATIVES WITH JURISDICTION OVER ISSUES

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      PRIMARILY RELATED TO NATURAL RESOURCES AND THE ENVIRONMENT BOTH

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      OF THE FOLLOWING:

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           (A) AN ESTIMATE OF THE ANNUAL BUDGET AMOUNT REQUIRED BY THE

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      DEPARTMENT FOR COMPLIANCE INSPECTION, MONITORING, AND ENFORCEMENT

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      OF ALL PERMITS AND LICENSES ISSUED BY THE DEPARTMENT.  AS PART OF

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      THE ESTIMATE, THE DEPARTMENT SHALL RECOMMEND A SCHEDULE OF ANNUAL

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      COMPLIANCE ASSURANCE FEES THAT COULD BE CHARGED TO PERMITTEES AND

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      LICENSEES THAT WOULD BE SUFFICIENT TO DEFRAY THE COSTS CONTAINED

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      IN THE ESTIMATE.

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           (B) A REPORT THAT ITEMIZES ALL OF THE FOLLOWING:

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           (i) THE NUMBER OF FACILITIES THAT HAVE BEEN ISSUED A PERMIT

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      OR LICENSE.

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           (ii) THE NUMBER OF NEW, MODIFIED, AND EXPIRED PERMITS AND

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      LICENSES.

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           (iii) THE NUMBER OF ON-SITE COMPLIANCE INSPECTIONS CON-

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      DUCTED, AND THE NUMBER OF COMPLIANCE INSPECTIONS THAT WERE NOT

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      ANNOUNCED IN ADVANCE TO THE PERMITTEE OR LICENSEE.

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           (iv) THE NUMBER OF PERMIT OR LICENSE VIOLATIONS BY CATEGORY

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      OF PERMIT OR LICENSE.

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           (v) THE NUMBER OF ADMINISTRATIVE ENFORCEMENT ACTIONS TAKEN

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      FOR PERMIT OR LICENSE VIOLATIONS AND THE RESULTS OF THE ENFORCE-

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      MENT ACTIONS, INCLUDING THE AMOUNT OF FINES AND PENALTIES

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      COLLECTED.

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           (vi) THE NUMBER OF JUDICIAL ENFORCEMENT ACTIONS TAKEN FOR

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      PERMIT OR LICENSE VIOLATIONS AND THE RESULTS OF THE ENFORCEMENT

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      ACTIONS, INCLUDING THE AMOUNT OF FINES AND PENALTIES COLLECTED.



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           (vii) ANY MEASURABLE IMPROVEMENT IN ENVIRONMENTAL QUALITY

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      ACHIEVED AS A RESULT OF THE ENFORCEMENT ACTIVITY DESCRIBED IN

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      SUBPARAGRAPHS (v) AND (vi).

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           (viii) ANY SUPPLEMENTAL ENVIRONMENTAL PROJECTS UNDERTAKEN

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      UNDER SECTION 1512 AND THE ENVIRONMENTAL BENEFITS RESULTING FROM

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      EACH SUCH PROJECT.

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           SEC. 1515.  (1) THE DEPARTMENT OF ENVIRONMENTAL QUALITY

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      SHALL ESTABLISH AND MAINTAIN AN ENFORCEMENT DATABASE OF VIOLA-

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      TIONS THAT IS AVAILABLE FOR PUBLIC INSPECTION ON THE DEPARTMENT'S

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      WEBSITE AND THAT INCLUDES ALL OF THE FOLLOWING:

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           (A) A LIST OF EACH VIOLATION.

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           (B) THE EXTENT OF EACH VIOLATION.

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           (C) ANY ENFORCEMENT ACTIONS THAT ARE ONGOING OR THAT HAVE

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      BEEN TAKEN IN THE PRECEDING 2 YEARS.

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           (D) THE RESULTS OF ANY ENFORCEMENT ACTIONS IDENTIFIED IN

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      SUBDIVISION (C).

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           (2) THE ENFORCEMENT DATABASE ESTABLISHED UNDER SUBSECTION

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      (1) SHALL CONTAIN AND BE SEARCHABLE BY ALL OF THE FOLLOWING AS

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      THEY RELATE TO A VIOLATION:

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           (A) THE NAME OF THE VIOLATOR.

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           (B) THE NAME OF THE FACILITY AT WHICH THE VIOLATION

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      OCCURRED, IF APPLICABLE.

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           (C) THE LOCATION AT WHICH THE VIOLATION OCCURRED.

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           (D) THE NATURE OF THE VIOLATION, INCLUDING WHETHER THE VIO-

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      LATION INVOLVED A DISCHARGE TO AIR OR WATER OR ONTO LAND.







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