HOUSE BILL No. 5565


     January 9, 2002, Introduced by Rep. Scranton 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 1301 and 1302.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             SEC. 1301.  AS USED IN THIS PART:

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             (A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL

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        QUALITY.

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             (B) "PERMIT" MEANS A PERMIT ISSUED BY THE DEPARTMENT UNDER

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        THIS ACT.

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             SEC. 1302.  (1) IF A PROPOSED PROJECT IS SUBJECT TO A COURT

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        DECREE OR A CONSENT JUDGMENT THAT PRESCRIBES A MAXIMUM ALLOWABLE

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        SIZE OR SCOPE FOR THE PROJECT, AND THAT PROJECT REQUIRES 1 OR

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        MORE PERMITS, THE DEPARTMENT SHALL NOT ISSUE A PERMIT FOR THE

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        PROJECT UNLESS THE PERMIT IS ISSUED FOR THE MAXIMUM ALLOWABLE




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        SIZE AND SCOPE OF THE PROJECT AS AUTHORIZED IN THE COURT DECREE

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        OR CONSENT JUDGMENT.

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

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        PERSON WHO APPLIES FOR A PERMIT THAT IS SUBJECT TO SUBSECTION (1)

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        SHALL PROVIDE THE DEPARTMENT WITH A COPY OF THE COURT DECREE OR

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        THE CONSENT JUDGMENT AT THE TIME THE PERSON SUBMITS THE PERMIT

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        APPLICATION.

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             (3) A PERSON WHO VIOLATES SUBSECTION (2) IS RESPONSIBLE FOR

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        THE PAYMENT OF A CIVIL FINE OF NOT MORE THAN $50,000.00.

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             (4) A DEFAULT IN THE PAYMENT OF A CIVIL FINE OR COSTS

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        ORDERED UNDER THIS SECTION OR AN INSTALLMENT OF THE FINE OR COSTS

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        MAY BE REMEDIED BY ANY MEANS AUTHORIZED UNDER THE REVISED JUDICA-

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        TURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 600.9948.






























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