SENATE BILL No. 106

February 6, 2001, Introduced by Senators GOSCHKA, HAMMERSTROM, DUNASKISS, GOUGEON, SHUGARS, BENNETT, NORTH, BULLARD and STILLE 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 5303 (MCL 324.5303).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 5303. (1) Municipalities shall consider and utilize,

2 where possible, cooperative regional or intermunicipal projects

3 in satisfying sewerage needs in the development of project

4 plans.

5 (2) A municipality may submit a project plan for use by the

6 department in developing a priority list.

7 (3) The project plan for a tier I project shall include doc-

8 umentation that demonstrates that the project is needed to assure

9 maintenance of, or to progress toward, compliance with the

10 federal water pollution control act or part 31, and to meet the

11 minimum requirements of the national environmental policy act of

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1 1969, Public Law 91-190, 42 U.S.C. 4321, 4331 to 4335, and 4341

2 to 4347. The documentation shall demonstrate all of the

3 following:

4 (a) The need for the project.

5 (b) That feasible alternatives to the project were evaluated

6 taking into consideration the demographic, topographic, hydro-

7 logic, and institutional characteristics of the area.

8 (c) That the project is cost effective and implementable

9 from a legal, institutional, financial, and management

10 standpoint.

11 (d) Other information as required by the department.

12 (4) The project plan for a tier II project shall include

13 documentation that demonstrates that the project is or was needed

14 to assure maintenance of or progress towards compliance with the

15 federal water pollution control act or part 31, and is consistent

16 with all applicable state environmental laws. The documentation

17 shall include all of the following information:

18 (a) Information to demonstrate the need for the project.

19 (b) A showing that the cost of the project is or was justi-

20 fied, taking into account available alternatives. Those costs

21 determined by the department to be in excess of those costs jus-

22 tified will not be eligible for assistance under this part.

23 (5) After notice and an opportunity for public comment, the

24 department shall annually develop a priority list for sewage

25 treatment works projects and stormwater treatment projects and a

26 separate priority list for nonpoint source projects. Projects

27 not funded during the time that a priority list developed under

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1 this section is in effect shall be automatically prioritized on

2 the next annual list using the same criteria, unless the munici-

3 pality submits an amendment to its plan that introduces new

4 information to be used as the basis for prioritization. These

5 priority lists shall be based upon project plans submitted by

6 municipalities, and the following criteria:

7 (a) That a project complies with all applicable standards in

8 part 31 and the federal water pollution control act.

9 (b) An application for a segment of a project that received

10 funds under the title II construction grant program or title VI

11 state revolving loan funds of the federal water pollution control

12 act shall be first priority for funding for a period of not more

13 than 3 years after funds were first committed under those

14 programs.

15 (c) If the project is a sewage treatment works project or a

16 stormwater treatment project, all of the following criteria:

17 (i) The severity of the water pollution problem to be

18 addressed, maximizing progress towards restoring beneficial uses

19 and meeting water quality standards.

20 (ii) A determination of whether a project is or was neces-

21 sary to comply with an order, permit, or other document WITH AN

22 ENFORCEABLE SCHEDULE FOR ADDRESSING A MUNICIPALITY'S

23 SEWAGE-RELATED WATER POLLUTION PROBLEMS THAT WAS issued by the

24 department or entered as part of an action brought by the state

25 against the municipality or any component of the municipality. A

26 MUNICIPALITY MAY VOLUNTARILY AGREE TO AN ORDER, PERMIT, OR OTHER

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1 DOCUMENT WITH AN ENFORCEABLE SCHEDULE AS DESCRIBED IN THIS

2 SUBPARAGRAPH.

3 (iii) The population to be served by the project.

4 (iv) The dilution ratio existing between the discharge

5 volume and the receiving stream.

6 (d) Rankings for nonpoint source projects shall be consis-

7 tent with the state nonpoint source management plan developed

8 pursuant to section 319 of title III of the federal water pollu-

9 tion control act, chapter 758, 101 Stat. 52, 33 U.S.C. 1329.

10 (e) Any other criteria established by the department by

11 rule.

12 (6) The priority list shall be submitted annually to the

13 chair of the senate and house of representatives standing commit-

14 tees that primarily consider legislation pertaining to the pro-

15 tection of natural resources and the environment.

16 (7) For purposes of providing assistance, the priority list

17 shall take effect on the first day of each fiscal year.

18 (8) This section does not limit other actions undertaken to

19 enforce part 31, the federal water pollution control act, or any

20 other act.

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