HB-4729, As Passed Senate, July 6, 2004                                     

    SENATE SUBSTITUTE FOR

    HOUSE BILL NO. 4729

(As amended, July 1, 2004)                                                  

                                                                             A bill to amend 1994 PA 451, entitled                                             

"Natural resources and environmental protection act,"                       

(MCL 324.101 to 324.90106) by adding section 3313.                          

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 3313.  (1) A person who commits a violation of this                    

2   part that does not result in harm to or pose a substantial threat           

3   to natural resources, the environment, or human health is guilty            

4   of a misdemeanor punishable by a fine of not more than $500.00              

5   for each violation.  A law enforcement officer may issue and                

6   serve an appearance ticket upon a person for <<that violation>>

7   pursuant to sections 9a to 9g of chapter IV of the code of                  

8   criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.                      

9   (2) A person who commits a violation of this part that                      

10  results in harm to or poses a substantial threat to natural                 

11  resources, the environment, or human health, or a corporate                 

1   officer who had advance knowledge of such a violation of this               

2   part but failed to prevent the violation, is guilty of a                    

3   misdemeanor and may be imprisoned for not more than 6 months and            

4   shall be fined not less than $1,000.00 or more than $2,500.00.              

5       (3) A person who commits a violation described in subsection                

6   (2) after a first conviction for such a violation is guilty of a            

7   misdemeanor and may be imprisoned for not more than 1 year and              

8   shall be fined not less than $2,500.00 or more than $5,000.00.              

9       (4) A person who commits a violation of this part that                      

10  results in serious harm to or poses an imminent and substantial             

11  threat to natural resources, the environment, or human health and           

12  who knew or should have known that the violation could have such            

13  a result is guilty of a misdemeanor and may be imprisoned for not           

14  more than 1 year and shall be fined not less than $5,000.00 or              

15  more than $10,000.00.                                                       

16      (5) A person who commits a violation described in subsection                

17  (4) after a first conviction for such a violation is guilty of a            

18  misdemeanor and may be imprisoned for not more than 2 years and             

19  shall be fined not less than $7,500.00 or more than $15,000.00.             

20      (6) A person who knowingly makes a false statement,                         

21  representation, or certification in an application for a permit             

22  or a certificate of coverage or in a report required by a permit            

23  or certificate of coverage issued under or rule promulgated under           

24  this part is guilty of a misdemeanor and shall be fined not less            

25  than $1,000.00 or more than $2,500.00.                                      

26  (7) A person who commits a violation described in subsection                

27  (6) after a first conviction for such a violation is guilty of a            

1   misdemeanor and may be imprisoned for not more than 1 year and              

2   shall be fined not less than $2,000.00 or more than $5,000.00.              

3       (8) The attorney general may commence a civil action for                    

4   appropriate relief for a violation of this part, including a                

5   permanent or temporary injunction restraining a violation or                

6   ordering restoration of natural resources affected by a violation           

7   and a civil fine of not more than $25,000.00.  The action may be            

8   commenced in the circuit court for the county of Ingham or the              

9   county in which the violation occurred.                                     

10      (9) If a person knowingly commits a violation of this part,                 

11  the department may revoke a permit or certificate of coverage               

12  issued to the person under this part.

13      Enacting section 1.  This amendatory act takes effect                       

14  October 1, 2004.                                                            

15      Enacting section 2.  This amendatory act does not take                      

16  effect unless House Bill No. 4730 of the 92nd Legislature is                

17  enacted into law.